HomeMy WebLinkAbout04-01-2024 City Council Work Session Packet
CITY COUNCIL WORK SESSION
Mayor
Amáda Márquez Simula
Councilmembers
Connie Buesgens
Kt Jacobs
Rachel James
Justice Spriggs
Interim City Manager
Kevin Hansen
City Hall—Shared Vision Room, 3989 Central Ave NE
Monday, April 01, 2024
5:30 PM
AGENDA
ATTENDANCE INFORMATION FOR THE PUBLIC
Members of the public who wish to attend may do so in -person, or by using Microsoft Teams and
entering meeting ID 278 254 427 462 and passcode pfepBS. 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.
CALL TO ORDER/ROLL CALL
WORK SESSION ITEMS
1. Executive Session: Discussion of Labor Negotiation Strategy. Closed per Minn. Stat.
13D.03. (20 Minutes)
ATTENDANCE INFORMATION: Move to recess to Closed Session pursuant to Minnesota
Statutes Section 13D.03, members of the public will not be able to attend the executive
session portion of the meeting. For questions regarding this notice, please contact City
Administration at 763.706.3610.
2. MnDOT / Metro Transit update of Central Avenue. (30 Minutes)
3. Presentation and Discussion on Proposals for Public Safety Funding Expenditures. (30
Minutes)
4. Winter Parking and Snow Plowing. (20 Minutes)
5. Massage Therapy Licensing. (20 Minutes)
6. Update to 9.106 General Development Standards to Include Tree Preservation. (10
Minutes)
7. Discussion on Park Dedication. (10 Minutes)
8. Council Corner. (10 Minutes)
Updates from council regarding schedules, information sharing and prio rities for continued
education.
a. Updating Chapter 8 Public Health and Safety, Article I: Animals to Address Urban
Chickens.
1
City of Columbia Heights AGENDA April 01, 2024
City Council Work Session Page 2
9. Old Buisness. (5 Minutes)
Follow up from Interim City Manager on items needing further resolution from the March
Work Session.
ADJOURNMENT
2
ITEM: Executive Session: Discussion of Labor Negotiation Strategy. Closed per Minn. Stat. 13D.03.
DEPARTMENT: Administration / Public Works BY/DATE: Kevin Hansen 3/25/2024
CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below)
X Healthy and Safe Community
_Equitable, Diverse, Inclusive, and Friendly
_Trusted and Engaged Leadership
_Thriving and Vibrant Destination Community
X Strong Infrastructure and Public Services
_Sustainable
CLOSED EXECUTIVE SESSION SCRIPT:
May I hear a motion to close the executive session to discuss Agenda Item 1 pursuant to Minnesota Statue
13D.03?
Is there a second?
I have a motion by Councilmember ___________________
And a second by Councilmember ____________________
All in favor? Any opposed? That motion carries.
At this time I will close the meeting pursuant to Minnesota Statute 13D.03 so the Council can discuss
upcoming labor negotiation strategy.
At this time I will ask all attendees to leave the room. I will also note that at the conclusion of this closed
session we will resume the regular work session meeting.
Now that the discussion for Agenda Item 1 is completed, can I hear a motion to reconvene the open session?
Is there a second?
I have a motion by Councilmember ___________________
And a second by Councilmember ____________________
All in favor? Any opposed? That motion carries.
We will now re convene the open session.
CITY COUNCIL WORK SESSION MEETING
AGENDA SECTION WORK SESSION ITEM
MEETING DATE APRIL 1, 2024
3
Item 1.
ITEM: MnDOT - Central Avenue Future Planning And Funding.
DEPARTMENT: Public Works BY/DATE: Interim City Manager / March 26, 2024
CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below)
_Healthy and Safe Community
_Equitable, Diverse, Inclusive, and Friendly
_Trusted and Engaged Leadership
_Thriving and Vibrant Destination Community
X Strong Infrastructure and Public Services
_Sustainable
BACKGROUND:
The Minnesota Department of Transportation (MnDOT) has spearheaded a comprehensive planning study
over approximately the past four years, encompassing Central Avenue and University Avenue. The finalization
of the report for this study is anticipated by May.
Concurrently, Metro Transit is actively engaged in the design phase of a new bus rapid transit line, known as
the F Line, slated to traverse Columbia Heights via Central Avenue. Initially projected to commence
construction in 2026, the F Line represents a significant transit initiative.
Collaboratively, MnDOT, Metro Transit, and the City of Columbia Heights are diligently wo rking together to
delineate the future trajectory of Central Avenue.
SUMMARY OF CURRENT STATUS:
Chris Bower, MnDOT North Area Engineer, and Alicia Valenti, Metro Transit Senior Project Coordinator, have
been invited to share a strategy for next steps on improving Central Avenue.
STAFF RECOMMENDATION:
None – information only.
RECOMMENDED MOTION(S):
None – information / discussion only.
CITY COUNCIL WORK SESSION MEETING
AGENDA SECTION WORK SESSION ITEM
MEETING DATE APRIL 1, 2024
4
Item 2.
ITEM: Presentation and discussion on proposals for Public Safety Funding expenditures.
DEPARTMENT: Police and Fire BY/DATE: Captain Erik Johnston, March 27th, 2024
CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below)
_Healthy and Safe Community
_Equitable, Diverse, Inclusive, and Friendly
_Trusted and Engaged Leadership
_Thriving and Vibrant Destination Community
x_Strong Infrastructure and Public Services
_Sustainable
BACKGROUND:
In December, 2023 the city of Columbia Heights received $956,556 in state funding for public safety purposes
under the following conditions:
A county, Tribal government, or local unit must use the aid under this section to provide public safety,
including but not limited to community violence prevention and intervention programs, community
engagement, mental health crisis responses, victim services, training programs, first responder
wellness, or to pay other personnel or equipment costs.
Proceeds may not be used for employer contributions to the public employee’s police and fire fund if
the entity received police state aid in the year immediately prior, or any costs associated with alleged
wrongdoing or misconduct.
Proceeds may not be used for the purchase of an armored or tactical vehicle.
Proceeds may not be used for the purchase of tear gas, chemical munitions, or substantially similar
items.
Proceeds may not be used for construction, reconstruction, remodeling, expansion, or improvement of
a police station, including related facilities. For purposes of this clause, "related facilities" includes
access roads, lighting, sidewalks, and utility components on or adjacent to the property on which the
police station is located that are necessary for safe access to and use of the building.
Leadership from the police and fire departments have worked together to prepare recommendations based
on department needs and in line with the funding goals. We will present these recommendations to the
council and seek direction on next steps.
SUMMARY OF CURRENT STATUS:
A presentation will be made on funding recommendations.
STAFF RECOMMENDATION:
CITY COUNCIL WORK SESSION MEETING
AGENDA SECTION WORK SESSION ITEM
MEETING DATE APRIL 1, 2024
5
Item 3.
City of Columbia Heights - Council Letter Page 2
RECOMMENDED MOTION(S):
MOTION: No motion
ATTACHMENT(S):
none
6
Item 3.
ITEM: Winter Parking and Snow Plowing.
DEPARTMENT: Public Works BY/DATE: Interim City Manager / March 27, 2024
CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below)
_Healthy and Safe Community
_Equitable, Diverse, Inclusive, and Friendly
_Trusted and Engaged Leadership
_Thriving and Vibrant Destination Community
X Strong Infrastructure and Public Services
_Sustainable
BACKGROUND:
The relationship between snow plowing, snow removal and winter parking have come up in discussions with
the Council from time to time. In 2023 changes were made to the established beginning and ending times
shortening the time period for enforcement. As this was the first year – staff suggested this be done on a pilot
project basis and evaluate the effectiveness of the change. Attached please find a report from Captain
Johnston providing data on the 2023/24 snow season to date.
SUMMARY OF CURRENT STATUS:
Our snow plowing and snow removal operations is detailed in the City’s Snow and Ice Control Policy, attached.
It provides the who/what/when/where for our winter operations. Our manpower and type of equipment are
directly related to the process we have established for winter operations providing the high level of service to
the community.
Last fall, Councilmember Spriggs had some questions related to parking/enforcement/snow triggers for our
operations, and what other Cities do. Attached is his email and staff’s response. Also attached is a survey of
other Cities winter parking ban. Councilmember Spriggs had asked that this item be placed on a future work
session for Council discussion.
STAFF RECOMMENDATION:
None – discussion only.
RECOMMENDED MOTION(S):
None – information / discussion only.
CITY COUNCIL WORK SESSION MEETING
AGENDA SECTION WORK SESSION ITEM
MEETING DATE APRIL 1, 2024
7
Item 4.
Winter Parking Season 2023-2024
8
Item 4.
Background
Current city ordinance prohibits parking vehicles on city streets between 2am and 6am between
November 1st and March 31st. Additionally, parking on city streets is prohibited when there is 3 1/2” or
more of snow until the streets have been plowed curb to curb (note: the city ordinance has 3” in some
places and 3 ½” in others and should be clarified).
The police department views our role as supporting Public Works plowing and street clearing operations
through the enforcement of parking regulations and towing vehicles during snow events. Many of the
snow events in which Public Works deploys snow removal crews do not involve 3 ½ of snow so having
the benefit of fewer vehicles on road during the overnight hours significantly aids in snow removal
operations.
Changes Made for the 2023-2024 Season
As a pilot project the police department worked with the mayor (on behalf of the city council) to try out
shortening the parking enforcement period. For the 2023 -2024 season parking enforcement was not
started until November 15th and ended on March 15th, shortening the period for two-weeks on each end.
This change was advertised through social media and via postcards placed on vehicles.
The 2023-2024 season saw record low amounts of snow and snow removal events which makes the
impact of this change hard to evaluate from a police and public works standpoint. Public Works did note
there was an early snow event in October in which there were a high number of vehicles on the road
making snow removal challenging.
Permit Results
Season Approved Denied
2022-2023 213 90
2023-2024 243 99*
Below is a breakdown of the denials for the 2023-2024 season. During this season the police department
accepted all applications for review, and then evaluated them based on our established criteria. Reasons
that may result in denial include:
Having enough off-street parking based on the number of vehicles and drivers.
Not a Columbia Heights resident (based on vehicle and driver’s license address)
No season-long permits for visitors (unless caregiver, e,g, nurse)
Rental property is given higher scrutiny with an expectation that parking is provided by the
landlord.
* Items of note in the denial analysis:
The denials involved 99 vehicles at 71 unique addresses.
Of those 71 addresses 20 had at least one permit approved (they had applied for more than one
vehicle permit)
51 addressed were denied any permits and 28 of those were identified as rental.
Having enough space was the most common reason for permit denial.
9
Item 4.
ADDRESS RENTAL Approved Denied Total Denial Reason
1041 49TH AVE NE N 0 3 3 Enough space
1202 44TH AVE N 0 1 1 Enough space
1214 43RD AVE NE N 0 5 5 Enough space
1220 42 1/2 AVE NE N 0 1 1 Enough space
1229 44TH AVE NE N 0 1 1 Does not register to address
1306 45 1/2 AVE NE Y 0 2 2 Enough space
1450 47TH AVE Y 0 1 1 Rental
1655 40TH AVE NE Y 0 1 1 Enough space
3720 PIERCE ST N 0 1 1 Enough space
3723 JACKSON ST N 0 3 3 Enough space
3811 2 1/2 ST NE N 0 1 1 Enough space
3859 TYLER ST N 0 2 2 Enough space
3916 2ND ST NE Y 0 2 2 Rental
3923 MAIN ST NE Y 0 1 1 Does not register to address
3939 TYLER ST NE Y 0 2 2 Enough space
3977 QUINCY ST N 0 1 1 Enough space
4023 6TH ST NE LOWER N 0 2 2 Enough space
4050 4TH ST NE Y 0 1 1 Does not register to address
4060 4TH ST NE # 104 Y 0 1 1 Enough space
4120 4TH ST NE Y 0 1 1 Rental
4208 WASHINTON ST NE Y 0 1 1 Enough space
4221 QUINCY ST NE N 0 1 1 Does not register to address
4226 4TH ST NE Y 0 3 3 Rental
4229 CENTRAL AVE NE # 8 Y 0 1 1 Rental
4314 JEFFERSON ST NE N 0 1 1 Enough space
4326 MADISON ST NE N 0 1 1 Enough space
4358 3RD ST NE Y 0 1 1 Enough space
4411 MADISON ST NE N 0 1 1 Enough space
4415 MAIN ST NE N 0 1 1 Enough space
4426 JACKSON ST NE Y 0 1 1 Enough space
4513 TAYLOR ST Y 0 1 1 Does not register to address
4522 5TH ST NE Y 0 2 2 Enough space
4545 MADISON ST NE #2 Y 0 1 1 Rental
4605 POLK ST NE Y 0 1 1 Enough space
4631 PIERCE ST NE N 0 1 1 Enough space
4635 WASHINGTON ST NE Y 0 1 1 Does not register to address
4641 TAYLOR ST NE Y 0 1 1 Enough space
4644 PIERCE ST NE Y 0 1 1 Junk Vehicle - not legal to park
4650 JOHNSON ST NE Y 0 1 1 Rental
4707 UNIVERSITY AVE NE Y 0 1 1 Rental
4800 JEFFERSON ST NE N 0 1 1 Enough space
4850 MADISON ST N 0 1 1 Enough space
4900 4TH ST NE Y 0 2 2 Enough space
4922 4TH ST NE N 0 1 1 Enough space
5000 JEFFERSON ST N 0 1 1 Enough space
502 37TH AVE NE UNIT B Y 0 3 3 Minneapolis Address
5103 6TH ST NE Y 0 1 1 Enough space
636 40TH AVE NE Y 0 1 1 Enough space
800 42ND AVE N 0 1 1 Enough space
909 GOULD AVE NE Y 0 5 5 Rental
3732 2ND ST NE N 1 1 2 Enough space
3800 3RD ST NE Y 1 1 2 Enough space
3828 JACKSON ST NE Y 1 1 2 Does not register to address
4105 4TH ST NE Y 1 1 2 Enough space
4220 VAN BUREN ST NE Y 1 1 2 Enough space
4257 5TH ST NE N 1 1 2 Enough space
4330 3RD ST NE Y 1 2 3 Does not register to address
4404 MADISON ST NE Y 1 1 2 Enough space
10
Item 4.
4413 2ND ST N 1 1 2 Enough space
4437 4TH ST NE N 1 1 2 Enough space
5136 4TH ST NE N 1 2 3 Enough space
627 51ST AVE NE Y 1 1 2 Enough space
665/667 51ST AVE NE N 1 2 3 Enough space
1342 45TH AVE NE Y 2 1 3 Does not register to address
3828 2ND ST NE Y 2 1 3 Enough space
4201 2ND ST NE N 2 1 3 Does not register to address
4255 MONROE ST NE N 2 1 3 Enough space
4441 MAIN ST NE N 2 1 3 Enough space
4624 WASHINGTON ST NE Y 2 2 4 Enough space
5101 6TH ST NE Y 2 1 3 Does not register to address
3919 TYLER ST NE N 4 2 6 Enough space
Citation and Tow Results
Below is a summary of the citation numbers as well as the towing numbers for each season. For the 2023-
2024 season the officers were redirected off the parking details during parts of January and February in
response to a significant increase in overnight break-ins of vehicles.
Season 2-6 am citations Snow event tows
2020-2021 1155 4
2021-2022 431 30
2022-2023 958 31
2023-2024 838 1
Notes on parking fines:
2-6am Parking citations in Columbia Heights are currently $25 and the amount has not changed
for over 20 years.
Nearby cities charge the following fine amounts:
o Fridley: $35
o Coon Rapids: $35
o Blaine: $45
o Champlin: $30 plus court fees
o New Brighton: $25 plus court fees
With a fine amount of $25, 1000 citations would represent up to $25,000 in fine revenue. These
fines are directed to the city general fund and are not allocated to the police department.
o Staff expense to issue the citations is approximately 20-30% of fine revenue.
There is currently no cost to apply for or receive a parking permit and there is significant staff
time involved.
Overnight parking is allowed in the city owned Van Buren ramp, and there is no fee or permit
required.
11
Item 4.
CITY OF COLUMBIA HEIGHTS
PUBLIC WORKS DEPARTMENT
SNOW AND ICE CONTROL POLICY
2023/2024
12
Item 4.
SNOWPLOWING AND ICE CONTROL POLICY
1. Introduction:
The City of Columbia Heights believes that it is in the best interest of the residents for the
City to assume basic responsibility for control of snow and ice on city streets. Reasonable
ice and snow control is necessary for routine travel and emergency services. The City
strives to provide such control in a safe and cost effective manner, keeping in mind safety,
budget, personnel and environmental concerns. The City will use city employees,
equipment and /or private contractors to provide this service. This policy does not relieve
the operator of private vehicles, pedestrians, property owners, residents and all others
that may be using public streets of their responsibility to act in a reasonable, prudent and
cautious manner, given the prevailing street conditions.
The City of Columbia Heights has a winter parking ordinance. This ordinance makes it
unlawful to park any vehicle on any street within the City between the hou rs of 2:00 and
6:00 AM from November 1 through March 31 unless a parking permit has been issued for
that vehicle. All parking permits are subject to suspension for snow removal or other
emergencies.
Furthermore, no parking is allowed on city streets after a 3” snowfall until the street is
plowed curb-to-curb.
1. When will city start snow and ice control operations?
The Director of Public Works or assigned representative will decide when to begin snow
or ice control operations. The criteria for that decision are:
A. Snow accumulation of three (3) inches or more;
B. Drifting of snow that causes problems for travel;
C. Icy conditions which seriously affect travel;
D. Time of snowfall in relationship to heavy use of streets;
E. Weather forecast, temperature, type of snow, duration and intensity of storm
The Police Department assists Public Works Maintenance in monitoring street conditions
and notifies Public Works Maintenance personnel of snow and ice conditions needing
immediate attention. Maintenance personnel are notified in accordance with the Public
Works Department policy for emergency calls.
2. How snow will be plowed?
Snow will be plowed in a manner so as to minimize traffic obstructions. The center of the
roadway will be plowed first. The snow shall then be pushed from centerline to curb on two -
way streets. On one-way streets or where there is a center boulevard, snow may be pushed
in either direction. Discharge shall go onto the boulevard area. Generally, operations shall
continue until all roads are passable. There may be instances when this is not possible
depending on storm conditions and other circumstances.
13
Item 4.
Priorities and schedule of streets plowing and snow removal.
The city has classified city streets based on the street function, traffic volume and importance
to the welfare of the community. Some priorities are performed simultaneously depending
on conditions and existing situations.
Priority #1 - Main thoroughfares, low volume residential and commercial streets, Public
Safety building parking lots and accesses, alleys, cul-de-sacs, dead ends, pump and lift station
accesses.
Priority #2 - Municipal building parking lots and sidewalks, pedestrian bridges, designated
sidewalk routes.
Priority #3 - (Business District, parking lots, widening streets, etc.) Snow removal as needed.
Priority #4 - Central Avenue (streetscape district only - 37th to 43rd Avenues). Snow removal
around bus benches as needed
Priority #5 - Park pathways, skating rinks and hockey rinks
Priority #6 - Industrial and school hydrants – snow removal as needed
Priority #7 - Residential hydrants – snow removal as needed – Assist Adopt-a-Hydrant
Program.
Priority #8 - Murzyn Hall, City Hall, Library. Check for plugged drains and open as needed.
During significant and severe storms, the city must be prepared to move personnel and
equipment to maintain priority routes first. In fulfilling the need to have all priority streets
safe and passable, when resources are limited, plowing of all other streets may be stopped
at any time so resources can be shifted to priority routes.
Unforeseeable circumstances may cause delays in completing assigned plow routes. Such
circumstances may include weather conditions that endanger the safety of snowplow
operators and/or safe and effective operation of equipment, commuter traffic, disabled
vehicles, poor visibility conditions, parked cars along streets, assistance to emergency
response vehicles, equipment breakdown, and personnel shortages.
3. Snow Removal
The Director of Public Works or assigned representative will determine if and when snow will
be removed from the area by truck. Such snow removal will occur in areas where there is no
room on the boulevard for snow storage and in areas where accumulated piles of snow create
a hazardous condition. Snow removal operations will not commence until other snowplowing
operations have been completed. Snow removal operations may also be delayed depending
on weather conditions, personnel and budget availability. The snow will be removed and
14
Item 4.
hauled to a snow storage area. The snow storage area will be located so as to minimize
environmental problems.
4. Work schedule for snowplow operators.
Snow plow operators will be expected to work eight-hour shifts. In severe snow emergencies,
operators sometimes have to work in excess of eight – hour shifts. Safety of the plow
operators and the public is important. Therefore, if additional qualified snow plow operators
are not available snow plowing/removal operations may be terminated after 12 hours to
allow personnel adequate time for rest. Any decision to suspend operations shall be made
by the Director of Public Works and shall be based on the conditions of the storm.
5. Traffic Regulations
The city recognizes that snowplow operators are exempt from traffic regulations set forth in
Minnesota Statutes, Chapter 169 while actually engaged in work on streets, except for
regulations related to driving while impaired and the safety of school children. Pursuant to
this authority, snowplow operator engaged in snow removal or ice control on city streets
have discretion to disregard traffic laws set forth in Chapter 169, except for laws relating to
impaired driving and school children safety, when in their judgment, it is safe to disregard
such laws. The privileges granted herein to operators of snow removal and ice control
vehicles shall apply only if the vehicle is equipped with one lighted lamp displaying a flashing,
oscillating, or rotating amber light placed in such a position on the vehicle as to be visible
throughout an arc of 360 degrees.
6. Weather Conditions
Snow and ice control operations will be conducted only when weather conditions do not
endanger the safety of the snowplow operators and equipment. Factors that may delay snow
and ice control operations include but are not limited to: severe cold, significant winds, and
limited visibility.
7. Use of Sand, Salt, and other Chemicals
The city will use sand, salt, and other chemicals when there area hazardous ice or slippery
conditions. The city is concerned about the effect of such chemicals on the environment and
will limit its use for that reason.
8. Sidewalks
The city will maintain some of the sidewalks in the city. The list of those sidewalks is attached.
It is the responsibility of the resident and/or property owner to remove all accumulated snow
from all other sidewalks along public streets adjoining their property. This includes any snow
plowed from public streets onto the sidewalk.
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Item 4.
9. Mailboxes
Coming into contact with a mailbox is a common obstacle snowplow operators face during
storm activities. The city will conduct a review of each mailbox incident to determine whether
the city will replace or provide reimbursement for the mailbox. Only mailboxes actually hit
by a snowplow will be the responsibility of the city. The city will not be responsible for
damage to mailboxes or support posts caused by snow or ice coming into contact the mailbox.
At the mailbox owner’s request, the city will replace the mailbox with a standard size, non-
decorative metal mailbox and replace the support post as necessary with a 4”x 4”, decay
resistant wood support post, both installed by the city. Alternatively, the city will reimburse
the mailbox owner $75.00 for the replacement of the mailbox and post by others.
10. Landscape
The city will not repair/replace sod damaged due to the application of sand, salt or other
deicing chemicals.
The city will repair sod damaged by snow plow during snow removal operations with black
dirt and grass seed.
Property owners who install decorative materials in the right -of-way do so at their own risk.
Damage within the public right-of-ways is the responsibility of the property owner, including
but not limited to: trees, shrubs, bushes, landscape materials, decorative rock, retaining
walls, fences and irrigation systems.
11. Deviation From Policy
The Director of Public works or appointed representative may deviate from this policy when
in his or her judgment it is in the best interest of the city or is necessary because of budget
needs or other circumstances. Changes in priorities (lasting more the 4 hours ) will be
documented as to what caused such actions, why the change was necessary, and for how
long the change is to be in effect. Those city employees and/or contractors affected will be
notified immediately by radio or cell phone of such changes with all communications logged.
Information logged will include the time and date of the communic ation, name of the
employee contacted, and how they were contacted. Any changes of priorities lasting more
that 24 hours should be made in a written record and the public should be informed of such
changes through normal methods used by the city for emergency notifications.
12. Complaint Procedures
Complaints will be recorded on telephone logs. Calls requiring service will be transferred to
a work request and forwarded to the appropriate supervisor for scheduling. Emergency
complaints will be handled in an expeditious manner as resources are available.
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Item 4.
13. Driveways
One of the most frequent and challenging problems during snow removal from public streets
is the snow deposited in driveways during plowing operations. Snow accumulated on the
plow blade has no place to go but in the boulevard areas, which includes driveways. The
snow plow operators make every attempt to minimize the amount of snow deposited in
driveways but the amount can still be significant. Regardless, the City does not possess
resources to attempt to provide private driveway cleaning after plowing public roads.
14. Access to Mail Boxes
The snow plow operators make every effort to remove snow as close to the curb line as
practical and to provide access to mailboxes for the postal service. However, it is not possible
to provide perfect conditions and minimize damage to mailboxes due to the size and type of
equipment the City operates. Therefore, the final clearing adjacent to mailboxes is the
responsibility of each resident and subject to the delivery requirements of the United States
Postal Service.
15. Review and Modification of Policy
The Director of Public Works or appointed representative shall keep on file all comments and
complaints received regarding this policy. The policy will be reviewed periodically. Any
review will consider comments and complaints since the last review and any other factors
affecting the policy or its implementation.
17
Item 4.
PLOWING EMERGENCY - PERSONNEL & EQUIPMENT
A. Assignments by department
1. The Street Department shall remove snow according to the following priorities:
a. Assign personnel as necessary for street plowing and ice control operations.
b. Remove snow from main thoroughfares and apply salt and/or sand.
c. Remove snow from residential streets and alleys and apply salt and/or sand.
d. Remove snow from municipal parking lots.
e. Clean up alley openings, intersections and the deposits of snow left by
windrows. Follow up on complaints from the public and others. Any personnel
that become available will be assigned to help others wherever needed. They
may have to widen streets again the next day.
2. The Sewer and Water Department shall remove snow according to the following
priorities:
a. Furnish personnel as necessary for street plowing operations.
b. Plow entrances and areas around the water tower, pump houses, and lift
stations.
c. Clean sidewalks and entrances at the Library before it opens and, if necessary,
in the afternoon. Personnel shall assist others who are hand shoveling other
areas.
d. Personnel shall assist the Fire Department in digging out hydrants as needed.
Certain hydrants have been designated as critical and will witnessed by
reflective hydrant markers.
3. The Park Department shall remove snow according to the following priorities:
a. Furnish personnel as necessary for street plowing operations.
b. Clear snow and deice all City Hall, Public Safety building, and JPM sidewalks and
entrances. Public Safety building: For snow conditions of three (3) inches or
more the Fire Department shall initially clear all doorways, stairs, and open
the walks around the Public Safety Building. If there is only one person in the
Fire Department, they will contact Public Works who will supply one person
to help them. After all other work is accomplished; Public Works shall finish
widening the walkways.
JPM maintenance personnel: Responsible for clearing snow from sidewalks
and entrances on weekends, holidays and evenings.
c. Remove snow from municipal sidewalks.
Central Avenue and 49th Avenue - Pedestrian Bridge
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Item 4.
Public Safety Building
City Hall and upper JPM parking lot
Recreation and JPM – Mill Street sidewalk-front, back & side entrances
Library – 3939 Central Avenue
900 40th Avenue (Van Buren Street – parking lot) - perimeter sidewalk
3982 Central Avenue – sidewalk on south side, Central Avenue to parking
lot
4020 –4024 Central Avenue – sidewalk from Central Avenue to alley
Jefferson Street Divide sidewalk (46th Avenue and Jefferson Street)
Liquor Store Top Valu #1 - 4950 Central Avenue –Sidewalk on Central
Avenue adjacent to street.
Liquor Store Top Valu #2 - 2105 37th Avenue – Sidewalks on 37th Avenue &
Hart Blvd. adjacent to street
d. Remove snow from miscellaneous designated sidewalks.
West side
49th Avenue, University Avenue to Monroe Street
5th Street, 47th – 48th Avenue, east side sidewalk
Jackson Street, 41st Avenue to 42nd Avenue (east side)
42nd Avenue – Jackson Street to Van Buren Street (south side)
Central Avenue 4022 and 4024 (between buildings)
42nd and University (walk bridge) west side
40th Avenue, University Avenue bus stop, 3rd Street to University
Avenue
3942 Van Buren Street (storm water overflow area)
East Side
37th Avenue, north side, Reservoir Blvd. to first alley east
40th Avenue, Central Avenue to Hayes Street
44th Avenue (Tyler Street to Reservoir Boulevard)
e. Remove snow from park sidewalks.
Huset east and west, Jefferson Street
Jackson Pond, south end sidewalk
Edgemoor Park, 2nd Street sidewalk
Ostrander Park, Tyler Street sidewalk and front entrance sidewalk
Wargo Park, exterior sidewalk
Gateway Park, exterior and interior sidewalk
f. Remove snow from park pathways.
Huset West pathway
University Avenue Bike path – 40th to 45th Avenue
19
Item 4.
McKenna Park pathway
Sullivan Lake Park pathway
Curt Ramsdell Park pathway
Silver Lake Beach
LaBelle Park pathway
Prestemon Park pathway
Keyes Park pathway
37th pathway
Stinson Boulevard McKinley pathway
g. Remove snow from sidewalks on Community Development properties.
West side
3982 Van Buren Street
670 40th Avenue
828 40th Avenue
230 40th Avenue
East Side
3841 Central Avenue
4441 Central Avenue
1002 40th AVE
h. Remove snow from skating areas and park parking lots.
i. Roof Maintenance JPM, City Hall, Library.
Unplug roof drains
4. The Utilities Department personnel shall hand-shovel the pedestrian bridge and
spread deicer.
Furnish personnel as necessary for street plowing operations
42nd and University Avenue (walk bridge)
5. The Engineering Department Techs shall remove snow and de-ice the walks and
steps around the Municipal Service Center building, parking lots and assist the Sign
Department in the removal of snow from the pedestrian bridge.
20
Item 4.
Drivable Equipment Used in Snow Emergencies:
Heavy Equipment
#11 926M Caterpillar front-end loader with front plow (two stage snow blower - used for
snow removal)
#14 Caterpillar front-end loader with front plow and wing plow
Dump Trucks
#82 35,000 GVW International dump truck with reversible front plow, underbody plow,
wing plow and sander. (NE Quadrant)
#83 35,000 GVW International with reversible front plow, underbody plow, wing plow,
and sander. (NW Quadrant)
#84 35,000 GVW International with reversible front plow, underbody plow, wing plow,
and sander. (Alley, and Parking Lots)
#85 35,000 GVW Western Star 4700 dump truck with reversible front plow, underbody
plow,wing and sander (SE Quadrant)
#86 35,000 GVW Western Star 4700 dump truck with reversible front plow, underbody
plow,wing and sander (SW Quadrant)
#250 14,000 GVW Ford dump truck with front plow
Pickups
#008 4 x 4 1 ton Ford pickup with plow
#102 4 x 4 V-plow
#114 4 x 4 ¾ ton Ford pickup with plow
#117 4 x 4 1 ton Ford pickup with plow
#137 4 x 4 1 ton Ford pickup with plow
#202 4 X 4 V-plow
#234 4 x 4 1 ton Ford pickup with plow (designated for Park use)
#181 4 x 4 1 ton Ford pickup with plow
Misc. Equipment
#200 MT Trackless
#004 Hi Jet Mini Truck equipped with an adjustable V-plow
#232 Toro Groundsmaster 4 x 4 (with broom attachment)
#280 Caterpillar 247 Skid Steer (with snow bucket attachment)
#296 MT Trackless (with snow blower, plow and broom)
#040 272D3 CAT Skid loader with Kage Snow Fire plow
#214 Ventrac Tractor
Street Plowing Routes
Maps of main thoroughfares, quadrants, dead-end alleys and cul-de-sacs, thru alleys, parking lots
and snow removal areas are available from the Engineering Department.
1. Main thoroughfares – Dump trucks assigned to quadrants
21
Item 4.
2. Quadrants SW, NW, SE, NE – dump trucks
3. Thru-alleys - #84 dump truck with adjustable V- plow
4. Dead-end alleys and cul-de-sacs – Pickups, Front End Loader and 1 ton dump trucks
5. Parking lots – Case front end loader (#11)
6. MSC, SACA, Library, load sand trucks backhoe Caterpillar (#128)
7. #14 front end loader – 37th Avenue to 40th Avenue from University to Central – Central
Avenue from 37th Avenue to 43rd Avenue (bump outs and pork chops). 37th Avenue to
45th Avenue from Main Street to University Avenue.
Main Thoroughfares: Quadrants
Four dump truck plows - each operator is assigned to a specific quadrant.
SW Quadrant. This area is from 37th Avenue to 45th Avenue (University Avenue to
Central Avenue). Plow main thoroughfares first. 40th Avenue, 44th Avenue, and 45th Avenue
(University Avenue, 45th to 42nd) and Jefferson Street. (40th Avenue to 45th Avenue)
NW Quadrant This area includes University Avenue to Central from 45th Avenue
to 53rd Avenue exclusive of the City of Hilltop. Again, this quadrant has five main arterials
to be plowed first, that being Jefferson Street; University Avenue Service Road; 49th Avenue,
51st Avenue and 53rd Avenue (Fridley plows 53rd Avenue, Columbia Heights does ice
control). The operator in this quadrant will start on the west end one time and the east end
another time in order to equalize the complaint of always being plowed last. When the
operator has finished plowing their own area, they will combine to finish whatever area is
not completed. Alternate starting points may be used each time.
SE Quadrant. This area includes 37th Avenue to 44th Avenue between Central
Avenue and Stinson Boulevard. This quadrant has seven main arterials to be plowed first
which include Reservoir Boulevard, 39th Avenue, 40th Avenue, Arthur Street, Hart Boulevard,
Stinson Boulevard, 37th Place, and Benjamin Street (43rd Avenue to 45th Avenue). After the
main arterial have been completed, plowing starts at Tyler Street from 37 th Avenue N and
then works avenues from 37th to 44th, then streets easterly to Stinson Boulevard. When this
has been accomplished, the plow will work the streets between Central Avenue and
Reservoir Boulevard. When the operator has finished plowing their own area, they will
combine to finish whatever area is not completed. Alternate starting points may be used
each time.
Note: We share the responsibility of plowing 37th Avenue from Stinson Boulevard to Main
Street with the City of Minneapolis. 37th Avenue is divided into two segments - (1) Main
Street to Central Avenue and (2) Central Avenue to Stinson Boulevard. Per agreement, we
alternate segments each year. The agreement period is October 1st to October 1st . For
2023/2024 Columbia Heights maintains 37th Avenue from Central Avenue to Stinson
Boulevard.
NE Quadrant: This area includes 44th Avenue to 51st Avenue from Central Avenue
to Stinson Boulevard. This quadrant has main arterials to be plowed first which include 44th
22
Item 4.
Avenue, Central Avenue to Reservoir Boulevard; 45th Avenue, Central Avenue to 44th
Avenue; 47th Avenue, Central Avenue to Fillmore; Fillmore, 45th to 49th Avenue; 49th Avenue,
Central Avenue to Fairway Drive; Fairway Drive, West Upland Crest to Stinson Boulevard;
Stinson Boulevard, Silver Lake Beach to Argonne Drive; Arthur Street, 44th Avenue to 45th
Avenue; 45th Avenue, Chatham Road to Stinson Boulevard; Chatham Road, 45th Avenue to
49th Avenue; Reservoir Boulevard, 44th Avenue to Fillmore Street. We will either begin
plowing Mathaire Addition or Sheffield Addition, depending on the time of day an d the
number of cars that could be in the Sheffield Addition. Whichever way, we will pick up the
Hilltop Addition, Innsbruck Addition and the Heritage Heights Addition. When the operator
has finished plowing their own area, they will combine to finish wh atever area is not
completed. Alternate starting points may be used each time.
Thru-Alleys
The alley "V" plow is pushed by a dump truck. This plow usually starts on the west side of
town being California Street to University Avenue, 37th to 45th Avenue and works its way
east. Alternate starting points may be used each time. Equipment problems and weather
conditions may require the use of 4-wheel drive vehicles to clear alleys.
Dead-end Alleys and Cul-de-Sacs
The 4-wheel drive vehicle operators each receive a map showing all the cul-de-sacs, dead
end alleys, and hard-to-get at places. When operators have completed their own
designated areas, they will check with the other operators and will help each other finish
plowing where needed.
They may assist the "V" plow operator in finishing his alley routes if assigned by the
Superintendent. When alleys are finished, operators will clean intersections in their
assigned area.
Parking Lots
Plow route for #011 front-end loader:
1. Administration Building (590 40th Avenue), (559 Mill Street) and (555 Mill Street) lots.
Note: Remove snow from 40th Avenue curb line from alley east to Mill Street.
Note: 555 Mill Street parking lot can be used for temporary snow storage.
Note: Plow Mill Street from 40th Avenue to 5th Street. Remove snow from curb
line in front of JPM & City Hall.
2. JPM (530 Mill Street) upper and lower lots.
3. Van Buren lot south of 40th Avenue (900 40th Avenue).
Parking Lots
Plow route for #181 – 4-wheel drive pickup
23
Item 4.
1. Public Safety Building (825 41st Ave.)
2. Madison Street – 37th Avenue to dead-end
3. SACA (627 38th Avenue)
4. Heights Liquor Store - 5225 University Avenue (Liquor Store #3)
5. Liquor Store Top Valu 1 - 4950 Central Avenue
6. Liquor Store Top Valu 2 - 2105 37th Avenue
7. Municipal Service center yard (637 38th Avenue) and parking areas.
ICE CONTROL
When there is a potential for or accumulation of snow or ice, it is normally necessary to perform
ice control operations using salt or a salt/sand mixture. This function will proceed un der the
discretion of the Public Works supervisor. This function begins with communication between the
Police Department, Public Works personnel, and Anoka County Central Dispatch, in no special
order.
The duty person organizes the ice control operation based on the Superintendent's standing
instructions. Main thoroughfares, emergency routes, controlled intersections, and hills are given
priority. Police reports of slippery conditions are also considered. Application is limited on low
volume streets and cul-de-sacs.
Salt sand will be furnished for residents in the designated area outside the Recycling Center (3801
Madison Street).
SNOW REMOVAL
Certain actions and areas were designated by the City Council on January 11, 1982, and amended
from time to time, for services. These services are other than normal street plowing and ice
control that the City may perform depending upon the amount of snow accumulation.
When accumulated piles of snow in the business areas, around schools, and public buildings
indicate hazardous conditions, the Street Department begins loading and hauling to storage
areas. Snow is to be hauled for storage to 1) Huset Park East- Quincy Street parking lot (Note:
restricted to daytime use) and 2) Huset Park East –Huset Parkway parking lot.
Snow Removal at Library
A. Parking Lot:
The Library parking lot will be cleared in accordance with the priorities established in this
policy. The lot will be cleared in conjunction with the other municipal lots after snow
plowing has been completed on the streets, Police and Fire areas and the pump and lift
station accesses.
24
Item 4.
B. Sidewalks:
During the work week, two members of the Sewer & Water Department will remove snow
and ice from the sidewalks and entrances to the Library before the Lib rary opens and, if
necessary, in the afternoon. Note that there is a snow melting system for the sidewalk at
both entrances.
The weekend duty person will be responsible for clearing snow and ice from the sidewalks
and entrances before opening of the Library on Saturday mornings (currently 10:00 a.m.).
Library personnel are responsible for snow and ice clearing on Saturdays after opening and,
if conditions warrant, may call out the weekend duty person for assistance.
25
Item 4.
PLOWING/ICE CONTROL INFORMATION
1. 3" ACCUMULATION REQUIRED BEFORE SNOW EMERGENCY FULL CITY PLOWING
APPLY ICE CONTROL IN CONJUNCTION WITH PLOWING OPERATIONS
2. SNOW DEPTH 1” TO 3” – PLOW DRIVING LANES AND APPLY ICE CONTROL
3. FIRST PRIORITY - ARTERIALS AND RESIDENTIAL AREAS
4. ALLEY PLOWING:
THRU-ALLEYS PLOWED WITH “V” PLOW
DEAD END ALLEYS PLOWED WITH PICK-UPS
5. POLICE REQUEST FOR ICE CONTROL/SPECIFIC AREAS AND ARTERIALS
1 OR 2 ICE CONTROL TRUCKS DEPENDING UPON EXISTING CONDITIONS
6. POLICE REQUEST FOR ICE CONTROL/CITY WIDE
4 ICE CONTROL TRUCKS - STREETS ONLY (ARTERIALS FIRST FOLLOWED BY
RESIDENTIAL)
ICE CONTROL OPERATIONS IN ALLEYS WILL BE CONDUCTED DURING NORMAL
WORK HOURS
7. 53RD AVENUE FROM UNIVERSITY TO CENTRAL: FRIDLEY PLOWS - COLUMBIA HEIGHTS –
ICE CONTROL
8. STINSON BOULEVARD FROM 37TH TO 40TH: ST ANTHONY PLOWS - COLUMBIA HEIGHTS ICE
CONTROL
9. 37TH AVENUE MAINTENANCE:
MAIN STREET TO CENTRAL AVENUE
CENTRAL AVENUE TO STINSON BOULEVARD
SHARED BETWEEN THE CITIES OF COLUMBIA HEIGHTS AND MINNEAPOLIS ON A FIRST-COME
FIRST-PLOW BASIS.
26
Item 4.
SAND BARRELS
WEST SIDE:
Qty. 3 637 38th Avenue - outside of fence for Recycling Center.
Qty. 1 Behind 4059 Monroe Street at NW corner of alley and 41st Avenue - next
to utility pole.
Qty. 1 4707 Jefferson Street - driveway north side - next to utility pole.
Qty. 1 46-1/2 Avenue east of Jefferson - next to utility pole.
EAST SIDE:
Qty. 1 Alley behind 3813-15 Pierce Street - next to hydrant.
Qty. 1 4464 Stinson Boulevard – secured to pole.
Qty. 1 41st Avenue and Stinson Boulevard on SW corner.
27
Item 4.
From: Kevin Hansen
Sent: Thursday, November 30, 2023 5:01 PM
To: Justice Spriggs <JSpriggs@columbiaheightsmn.gov>
Subject: RE: 11/06/23 Draft City Council work Session Agenda
Justice:
I had not forgotten about this but sorry it took so long to get back to you. I did sit down with David
Cullen and would like to provide the following (focused on all of the bullet points):
Timeline Change: We sat down this summer and reviewed the request with the Mayor. I had suggested
that we make the change only from an administrative perspective initially to be able to gauge the
outcome/impact of removing effectively 4 weeks out of the time period – and then on that basis bring a
recommended ordinance amendment to the Council for consideration – really getting a snow season
under our belt for evaluation. But you are correct – to make permanent the Council does need to
approve.
Thank you for raising this important question about the correlation between snowfall and our plowing
operations. It's crucial to understand that while yearly snowfall data can indicate general trends, it
doesn't always directly align with the specifics of city snow clearing operations. The primary weather
station we rely on for data is located in Bloomington, and weather events can vary significantly even
over short distances. This means that the data, which only reflects the day of snowfall, doesn't fully
capture the nuances of our operations.
Our snow plowing operations are often more extensive than what the raw snowfall data might suggest.
We will be out applying anti-icing (an ice bond break) prior to a forecasted event. Depending on the rate
of accumulation, we will often plow/scrap main drags and hills in advance of a full snow plowing by City
crews. After a snow event, plowing can take multiple days, and this is often followed by several days of
additional snow clearing operations, especially if we're dealing with the aftermath of multiple storms.
This extended effort is crucial for maintaining safe and navigable streets.
Given these operational realities, it's not to the benefit of the city to have cars parked on the streets
during these operations. Cars significantly hinder our ability to efficiently and safely clear the snow. The
correlation between parked cars and the quality of snow removal is a critical consideration in our
operational planning. Our goal is to provide the best possible service to the community, and managing
the challenges posed by parked cars is a key part of achieving this objective.
If I were to suggest any parking regulation changes, I would, based on my experience as a plow operator
for the City of Columbia Heights, propose considering the triggering snowfall amount from 3-1/2 inches
to 2 inches in the winter months. This would greatly enhance our ability to respond quickly and
effectively to snow events, ensuring safer, equable, and more accessible streets for everyone.
Furthermore, to provide a firsthand understanding of the challenges and complexities of our snow-
plowing operations, I would like to propose a ride-along for you!!! This experience would offer valuable
first hand insights into the intricacies of our work and the impact of parked cars on our operations.
Thank you for bringing up the topic of exploring new ideas for snow plowing and parking, including
practices like one-sided parking as seen in cities like Minneapolis and St. Paul. Before delving into the
28
Item 4.
specifics, I believe the most crucial question for the City Council is to determine where you place higher
value: on street parking or efficient snow plowing. These two aspects are, in many ways, in opposition to
each other, and understanding our priorities is key to making informed decisions.
Drawing from my personal experience as a long-time resident of Saint Paul, I have observed that snow
plowing has been a contentious issue there. I recall instances from my childhood where deep snow ruts
made navigating the streets challenging if not impossible, and in 2018, I experienced streets on the east
side of Saint Paul becoming impassable due to inadequate plowing that multiple large motor graders
were needed just to make the streets drivable after back-to-back 1.5” snow storms the fell underneath
the city snow plowing trigger.
The challenge with one-sided parking and/or designated snow emergency routes is that plowing typically
occurs several hours after a storm has ended. By then, the snow is compacted by vehicle traffic, making it
difficult for plows to effectively remove it. This leads to a cycle of snow becoming hard-packed when the
sun goes down , then loosened into thick, wet slush by deicing chemicals when the sun comes back up,
only to be compacted again. This also can have an impact on accelerating the degradation of bituminous
streets over time.
Additionally, our current fleet of plow trucks, equipped with rear wings and belly plows, is designed for
our existing operations. These plows extend up to 12 feet from the passenger side of the dump truck ,
making them unsuitable for narrower, one-sided parking streets. Switching to one-sided parking would
necessitate significant changes to our equipment and staffing, increasing costs and complexity.
Our current operations allow us to plow the entire city in under 8 hours for a 3-6 inch snowstorm. This
efficiency has led to a noticeable decrease in complaints over the years. In fact, for some storms, we've
received zero complaints city-wide – a remarkable achievement considering the volume of complaints we
used to receive.
In conclusion, while it's valuable to consider new ideas and approaches, we must also recognize the
successes of our current methods. Changing our approach could potentially be a step backward, reducing
the efficiency and effectiveness of our snow removal operations. I believe it's essential to weigh these
factors carefully before considering any significant changes to our current practices.
Please let me know if I have answered your questions or you would like to discuss further – once we get
some snow, I’ll have David check on your availability for a ride along.
Sincerely,
Kevin Hansen | Interim City Manager
City of Columbia Heights | Administration
3989 Central Avenue NE | Columbia Heights, MN 55421
khansen@columbiaheightsmn.gov
Direct: 763-706-3609 | Main: 763-706-3600
29
Item 4.
From: Justice Spriggs <JSpriggs@columbiaheightsmn.gov>
Sent: Monday, November 6, 2023 1:32 PM
To: Kevin Hansen <KHansen@columbiaheightsmn.gov>
Cc: Aaron Chirpich <AChirpich@columbiaheightsmn.gov>; Lenny Austin
<LAustin@columbiaheightsmn.gov>
Subject: Re: 11/06/23 Draft City Council work Session Agenda
My questions/comments are:
I know the timeline of the winter parking ordinance was cut down two weeks on each side,
which I think is a good idea. How was this done without a new ordinance or making an
amendment? I was under the impression that the council would have to formally take action to
make a change.
Regarding permits, I have heard from residents that some years there have been (or at least it
appeared to them) that there were a set number of permits for the city, and once they were out
they would be out of luck in regards to parking. How many long term permits are available and
what is our decision criteria for approval or denial?
Residents have shared data about in previous years, stating that days with amount of snow to
trigger everyone being off the street was approximately 20-30% of the duration of the old ban. I
know that plows are out much more than just days we get 2-3” or more of snow, but I would be
interested to see/hear about how often plows are out during the season in regards to this.
In my opinion, having a less restrictive parking ordinance would allow our police force to one,
focus on other pressing issues, and two, have greater enforcement when a ban was actually in
effect as opposed to it being every single day of the season
I would be interested in hearing from other council members and staff about different ideas
they have or their feelings on new ideas in other cities - like one sided parking in Minneapolis
and St Paul
Thanks,
Justice
Justice Spriggs, M.D. (he/him) I Councilmember - City of Columbia Heights
3989 Central Ave NE, Columbia Heights, MN, 55421
Email: jspriggs@columbiaheightsmn.gov
Direct: 763-706-3617 I Main: 763-706-3600
http://columbiaheightsmn.gov
Sign up for CodeRED Alerts for the City of Columbia Heights here.
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30
Item 4.
Surrounding City’s Winter Parking Bans
Fridley:
Parking on Fridley streets is prohibited between the hours of 2 a.m. and 6 a.m. from November 1 through April 1
(Chapter 506 (Unattended Vehicle ordinance). In addition, there is no street parking anytime while snow
removal is in progress. Vehicles parked on streets during this time may be tagged and towed at your expense.
This expedites and improves the snow plowing activities by City crews.
New Brighton:
City Code Section 29-32 – regarding No Parking After Snowfall states: No person shall park or leave standing
any vehicle on any street or roadway after a snowfall of at least three inches. Parking may be resumed on the
streets or roadways after the snow has been removed or plowed to the curb line. (Code 1966; Ord. No. 249, 2-
11- 69; Ord. No. 535, 12-10-85; Code of 1988; Code of 2001)
Section 29-20 and Section 29-21 of the City Code restrict daytime parking on streets to 6 hours between
5:00 a.m. and 2:00 a.m., and night time parking to 30 minutes between 2:00 a.m. and 5:00 a.m.
Cars that are parked in violation of the Ordinance are plowed in. After the snowfall is over and the streets are
cleared, the cars that have been plowed in are usually gone and the remaining snow can be removed. Cars that
are not removed within a reasonable period of time are towed by the Police Department.
City of St. Anthony:
(A) No person shall park a vehicle on any city street for a period of 48 hours, commencing immediately after
2 inches or more of continuous snowfall, or until snow removal has been completed curb to curb.
(B) Whenever it is necessary to the proper direction control, regulation of traffic, plowing and/or the
removal of snow, ice, or waste, or maintenance or improvement of any highway or street to remove any vehicle
standing on a highway or street in the city, then any police officer is authorized to provide for the removal of the
vehicle and have the same removed to the nearest convenient garage or other place of safety. The cost of
removal and storage of the vehicle will be charged to the owner of the vehicle, and to the person causing the
violation.
(C) If any vehicle is left standing for a period in excess of 24 hours, then the vehicle may be deemed a traffic
impediment, and a police officer is authorized to provide for the removal of the vehicle.
Brooklyn Park:
Regardless of weather conditions, between October 15 to April 15 vehicles may not be parked on city streets
between 2 a.m. to 5 a.m. Vehicles left on city streets between 2 a.m. to 5 a.m. will be ticketed and towed.
City of Crystal / Snow Parking Restrictions
On-street parking is prohibited between 2 a.m. and 5 a.m. After a snowfall of at least 1½ inches in the city,
parking is prohibited on public streets and alleys until the street or alley has been plowed and the snow
removed to the curb line. Parking violations should be reported to the police by calling 911. When the city gets
1.5 inches of snow or more, it does a full plow of all city streets and alleys. If there is less than 1.5 inches in
accumulation, the city may send out trucks to salt main roads and hills.
Brooklyn Center:
27-120 Parking Restricted and Prohibited 1) No person in charge of any vehicle shall park or permit such vehicle
to stand upon the roadway of any highway or street in the City of Brooklyn Center between the hours of 2 a.m.
31
Item 4.
and 6 a.m., nor for more than six consecutive hours at any other time. No person in charge of any vehicle shall
park or permit such vehicle to stand upon any alley in the City of Brooklyn Center at any time.
Street snow removal operations will begin when there has been a snowfall of more than 2.5 inches or if other
conditions warrant plowing. No parking is allowed on any City street between 2:00 am and 6:00 am or for more
than 6 consecutive hours at any other time. Try not to park on streets, especially during and after a snowfall.
Coon Rapids:
The winter parking ban is in effect from November 1 through April 1. No parking is allowed on the street from 2
a.m. to 6 a.m. Parking is also prohibited on public streets when there is an expected snow accumulation of 3
inches or more, or until the street has been plowed from curb-to-curb.
Blaine:
Sec. 82-151 states: No owner of any vehicle or person in charge of any vehicle shall park or permit such vehicle
to stand upon any highway, street, or alley in the city for more than 48 consecutive hours at any time. From
November 1 to April 1, no person shall park or permit to be parked any vehicle on any highway, street, or alley
between the hours of 2AM and 7AM without an emergency parking permit issued by the police department.
Any vehicle parked in violation of this section may be removed as provided by section 82-61. The term "highway,
street, or alley" shall be construed to mean the entire width of the right-of-way.
Arden Hills:
No parking on city streets between 2:00 am and 6:00 am. No parking on city streets after the accumulation of
two or more inches of snow until plowing has been completed.
Shoreview:
No one can have their vehicle curbside in Shoreview between the hours of 2:00 a.m. and 5:00 a.m
Woodbury:
To facilitate plowing, parking on city streets is banned between 2 a.m. and 6 a.m. from Nov. 1 through April 1.
City ordinance No. 14-122 also prohibits on-street parking any time two or more inches of snow have
accumulated, until after the street has been completely plowed. The two-inch guideline applies to any hour of
the day, any time of the year.
Wayzata:
The City of Wayzata ordinance 303.1A states that no person shall park or leave standing any vehicle on any
public street in the City of Wayzata commencing at 2:00 A.M. after a snowfall of 2" or more in depth has fallen.
The parking ban shall remain in effect until the snow has been removed or plowed to the curb line.
32
Item 4.
ITEM: Massage Therapy Licensing
DEPARTMENT: Community Development BY/DATE: CD Director/Assistant City
Manager/March 20, 2024
CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below)
X Healthy and Safe Community
_Equitable, Diverse, Inclusive, and Friendly
_Trusted and Engaged Leadership
_Thriving and Vibrant Destination Community
_Strong Infrastructure and Public Services
_Sustainable
BACKGROUND:
At a recent work session meeting, the Council asked staff to investigate proposed state legislation related to
the regulation of massage therapy businesses, as the Council had received information that there was a bill
proposed that seeks to regulate the industry at the state level. Following the meeting, staff reached out to the
City’s contracted lobbyists at Lockridge Grindal Nauen to see what information they could find regarding the
legislation.
SUMMARY OF CURRENT STATUS:
Staff from Lockridge Grindal Nauen have informed staff that a bill (HF 973) was introduced in the 2023
legislative session that addresses the regulation of massage therapy and Asian bodywork therapy businesses
statewide. The bill did not pass during the 2023 session but is still alive this biennium. At the time of this
report, the bill had not received a hearing, but staff from Lockridge Grindal Nauen plan to monitor its progress
during the remainder of the session to see if there is any movement with the bill.
STAFF RECOMMENDATION:
Staff would like the Council to review the bill and determine if the goals of the legislation are in alignment with
feedback the Council has received from community members. Staff will continue to monitor the progress of
the bill and report back to the Council at the end of the 2024 session.
ATTACHMENT(S):
HF 973
CITY COUNCIL WORK SESSION MEETING
AGENDA SECTION WORK SESSION ITEM
MEETING DATE APRIL 1, 2024
33
Item 5.
1.1 A bill for an act
1.2 relating to health occupations; establishing licensure for massage therapy and
1.3 Asian bodywork therapy; establishing fees; providing criminal penalties; amending
1.4 Minnesota Statutes 2022, sections 146A.01, subdivision 4; 146A.06, subdivision
1.5 3; 146A.09, by adding a subdivision; proposing coding for new law in Minnesota
1.6 Statutes, chapter 148.
1.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 ARTICLE 1
1.9 MASSAGE THERAPY AND ASIAN BODYWORK THERAPY
1.10 Section 1. [148.635] CITATION.
1.11 Sections 148.635 to 148.6363 may be cited as the "Minnesota Massage Therapy and
1.12 Asian Bodywork Therapy Act."
1.13 Sec. 2. [148.6351] DEFINITIONS.
1.14 Subdivision 1.Applicability.For purposes of sections 148.635 to 148.6363, the terms
1.15 defined in this section have the meanings given them.
1.16 Subd. 2.Advisory council."Advisory council" means the Massage Therapy Advisory
1.17 Council established under section 148.6362.
1.18 Subd. 3.Applicant."Applicant" means an individual who has submitted an application
1.19 to the board according to sections 148.635 to 148.6363.
1.20 Subd. 4.Asian bodywork therapy.(a) "Asian bodywork therapy" means therapy based
1.21 upon Chinese medical principles with the intent of promoting, maintaining, and restoring
1.22 health and well-being by affecting the body and emotions.
1Article 1 Sec. 2.
REVISOR AGW/HL 23-0057312/08/22
State of MinnesotaThis Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 973NINETY-THIRD SESSION
Authored by Pinto, Schomacker, Elkins, Kiel, Hollins and others01/30/2023
The bill was read for the first time and referred to the Committee on Public Safety Finance and Policy
34
Item 5.
2.1 (b) Asian bodywork therapy may use any of the following techniques:
2.2 (1) pressing;
2.3 (2) soothing;
2.4 (3) kneading;
2.5 (4) vibration;
2.6 (5) friction;
2.7 (6) passive stretching within the client's physiological range of motion;
2.8 (7) active assistive and resistive movement;
2.9 (8) stretching; and
2.10 (9) tapping, movement, exercising, or manipulation of the soft tissues.
2.11 (c) Methods of assessment and evaluation for Asian bodywork therapy may include a
2.12 health history and intake interview; observation; listening; questioning; palpation; and with
2.13 the client's permission or if the client is a minor, the permission of the client's legal guardian
2.14 or parent, consultation with the client's other health care providers.
2.15 Subd. 5.Board."Board" means the Board of Nursing established under section 148.181.
2.16 Subd. 6.Client."Client" means a recipient of massage therapy services or Asian
2.17 bodywork therapy services.
2.18 Subd. 7.Contact hours."Contact hours" means the number of hours during which a
2.19 student is engaged in learning activities provided by a board-approved training program.
2.20 Contact hours include synchronous or asynchronous distance learning and in-person learning.
2.21 Subd. 8.Credentialing examination."Credentialing examination" means an examination
2.22 approved by the board that meets recognized psychometric principles and standards and is
2.23 administered by a national testing organization.
2.24 Subd. 9.Licensed Asian bodywork therapist."Licensed Asian bodywork therapist"
2.25 or "Asian bodywork therapist" means an individual who meets the qualifications in sections
2.26 148.635 to 148.6363 for the practice of Asian bodywork therapy and is licensed by the
2.27 board.
2.28 Subd. 10.Licensed massage therapist."Licensed massage therapist" or "massage
2.29 therapist" means an individual who meets the qualifications in sections 148.635 to 148.6363
2.30 for the practice of massage therapy and is licensed by the board.
2Article 1 Sec. 2.
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Item 5.
3.1 Subd. 11.Massage therapy.(a) "Massage therapy" means the manual manipulation of
3.2 the soft tissues of the body to promote, maintain, and restore health and well-being.
3.3 (b) Massage therapy may use any of the following techniques:
3.4 (1) stroking;
3.5 (2) gliding;
3.6 (3) lifting;
3.7 (4) kneading;
3.8 (5) jostling;
3.9 (6) vibration;
3.10 (7) percussion;
3.11 (8) compression;
3.12 (9) friction;
3.13 (10) holding;
3.14 (11) passive stretching within the client's physiological range of motion;
3.15 (12) movement or manipulation of the soft tissues;
3.16 (13) active assistive and resistive movement; and
3.17 (14) stretching.
3.18 (c) Methods of assessment for massage therapy may include a health history and intake
3.19 interview; observation of posture and movement; palpation; range of motion assessment;
3.20 and with the client's permission or if the client is a minor, the permission of the client's legal
3.21 guardian or parent, consultation with the client's other health care providers.
3.22 Subd. 12.Municipality."Municipality" means a county, town, or home rule charter or
3.23 statutory city.
3.24 Sec. 3. [148.6352] DUTIES OF THE BOARD.
3.25 The board, in consultation with the advisory council, shall:
3.26 (1) issue licenses to qualified applicants according to sections 148.635 and 148.6363;
3.27 (2) adopt rules, including standards of practice and a professional code of ethics, necessary
3.28 to implement the provisions of sections 148.635 to 148.6363;
3Article 1 Sec. 3.
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4.1 (3) assign duties to the advisory council that are necessary to implement the provisions
4.2 of sections 148.635 to 148.6363;
4.3 (4) approve a credentialing examination;
4.4 (5) establish educational requirements, approve massage therapy and Asian bodywork
4.5 therapy schools or programs, and conduct or provide for surveys of schools, programs, and
4.6 courses;
4.7 (6) enforce sections 148.635 to 148.6363 and investigate violations of section 148.636
4.8 by a licensee or applicant;
4.9 (7) impose discipline as described in section 148.636;
4.10 (8) maintain a record of names and addresses of licensees; and
4.11 (9) distribute information regarding massage therapy and Asian bodywork therapy
4.12 standards, including applications and forms necessary to carry out the provisions of sections
4.13 148.635 to 148.6363.
4.14 Sec. 4. [148.6353] LIMITATIONS ON PRACTICE; DATA PRACTICES.
4.15 Subdivision 1.Limitations.The practice of massage therapy and Asian bodywork
4.16 therapy does not include:
4.17 (1) performing examinations for the purpose of diagnosis;
4.18 (2) providing treatments that are outside the scope of massage therapy or Asian bodywork
4.19 therapy practice;
4.20 (3) attempts to adjust, manipulate, or mobilize any articulation of the body or spine by
4.21 the use of high-velocity, low-amplitude thrusting force;
4.22 (4) attempts to stimulate various points of the body by needle insertion or interruption
4.23 of the cutaneous integrity by needle insertion to secure therapeutic relief of symptoms;
4.24 (5) prescriptive exercise;
4.25 (6) manual or mechanical traction when applied to the spine or extremities for the
4.26 purposes of joint mobilization or manipulation;
4.27 (7) injection therapy;
4.28 (8) laser therapy;
4.29 (9) microwave diathermy;
4.30 (10) electrical stimulation;
4Article 1 Sec. 4.
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5.1 (11) ultrasound;
5.2 (12) iontophoresis; or
5.3 (13) phonophoresis.
5.4 Subd. 2.Referrals to other health care providers.If a reasonably prudent licensed
5.5 massage therapist or Asian bodywork therapist finds a client's medical condition is beyond
5.6 the scope of practice established by sections 148.635 to 148.6363 or by rules of the board
5.7 for a licensed massage therapist or Asian bodywork therapist, the therapist must refer the
5.8 client to a licensed health care provider. Nothing in this subdivision prohibits the massage
5.9 therapist or Asian bodywork therapist from continuing to comanage a client's care.
5.10 Subd. 3.Data practices.All client records maintained by a licensed massage therapist
5.11 or Asian bodywork therapist are subject to sections 144.291 to 144.298.
5.12 Sec. 5. [148.6354] UNLICENSED PRACTICE PROHIBITED; PROTECTED TITLES
5.13 AND RESTRICTIONS ON USE.
5.14 Subdivision 1.Unlicensed practice prohibited; protected titles.Effective January 1,
5.15 2024, no person shall practice or attempt to practice massage therapy or Asian bodywork
5.16 therapy or use any of the terms or titles "licensed massage therapist," "LMT," "licensed
5.17 Asian bodywork therapist," "LABT," or any other term or title that may lead the public to
5.18 believe that the person is engaged in the practice of massage therapy or Asian bodywork
5.19 therapy unless the person is licensed under sections 148.635 to 148.6363 as a licensed
5.20 massage therapist or licensed Asian bodywork therapist.
5.21 Subd. 2.Penalty.Any person found to be in violation of subdivision 1 is guilty of a
5.22 gross misdemeanor.
5.23 Sec. 6. [148.6355] EXEMPTIONS; OTHER HEALTH CARE PROVIDERS.
5.24 Subdivision 1.Other professions.Nothing in sections 148.635 to 148.6363 shall be
5.25 construed to prohibit, restrict, or regulate the practice of any profession or occupation
5.26 licensed or registered in the state by an individual licensed or registered to practice the
5.27 profession or occupation or to perform any act that falls within the scope of practice of the
5.28 profession or occupation.
5.29 Subd. 2.Complementary and alternative health care practitioner.(a) Nothing in
5.30 sections 148.635 to 148.6363 shall be construed to prohibit, restrict, or regulate the practice
5.31 of any individual who is engaged in providing complementary and alternative health care
5.32 practices as defined in section 146A.01, subdivision 4, provided that the practitioner does
5Article 1 Sec. 6.
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Item 5.
6.1 not advertise or imply that the practitioner is licensed according to sections 148.635 to
6.2 148.6363 and the practices are not designated or implied to be massage therapy or Asian
6.3 bodywork therapy.
6.4 (b) This subdivision includes any complementary and alternative health care practitioner
6.5 who is recognized by or meets the established standards of either a professional organization
6.6 or credentialing body that represents or certifies the respective practice based on a minimum
6.7 level of training, demonstration of competency, and adherence to ethical standards, and:
6.8 (1) uses touch, words, and directed movement to deepen awareness of existing patterns
6.9 of movement as well as to suggest new possibilities of movement;
6.10 (2) uses energy or superficial touch to affect the energy systems of the human body;
6.11 (3) uses touch to effect change in the structure of the body while engaged in the practice
6.12 of structural integration; or
6.13 (4) practices reflexology.
6.14 Subd. 3.Other exemptions.Nothing in sections 148.635 to 148.6363 shall be construed
6.15 to prohibit, restrict, or regulate individuals providing:
6.16 (1) massage emergency response team services working in conjunction with disaster
6.17 relief officials;
6.18 (2) massage therapy services or Asian bodywork therapy services provided by out-of-state
6.19 massage therapists or Asian bodywork therapists that are incidental to a specific event, such
6.20 as an amateur sports competition, dance performance or event, or other similar athletic
6.21 events;
6.22 (3) instruction of education courses in massage therapy or Asian bodywork therapy if
6.23 the instruction does not involve the direct delivery of massage therapy services or Asian
6.24 bodywork therapy services;
6.25 (4) massage therapy services or Asian bodywork therapy services provided as an
6.26 employee of the United States government or any federal government entity while acting
6.27 in the course and scope of such employment;
6.28 (5) massage therapy services or Asian bodywork therapy services provided by massage
6.29 therapy students or Asian bodywork therapy students practicing under supervision as part
6.30 of a school-sanctioned activity; or
6.31 (6) massage therapy services or Asian bodywork therapy services provided without
6.32 remuneration to family members.
6Article 1 Sec. 6.
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Item 5.
7.1 Sec. 7. [148.6356] REQUIREMENTS FOR LICENSURE.
7.2 Subdivision 1.General licensure requirements.(a) To be eligible for licensure as a
7.3 massage therapist or Asian bodywork therapist according to sections 148.635 to 148.6363,
7.4 an applicant must submit to the board:
7.5 (1) a completed application on a form provided by the board that includes:
7.6 (i) the applicant's name, Social Security number, home address and telephone number,
7.7 and business address and telephone number;
7.8 (ii) a list of credentials held by the applicant in this state or in any other jurisdiction;
7.9 (iii) a description of any jurisdiction's refusal to license or credential the applicant;
7.10 (iv) a description of all professional disciplinary actions initiated against the applicant
7.11 in this state or any other jurisdiction;
7.12 (v) any history of drug or alcohol abuse;
7.13 (vi) any misdemeanor, gross misdemeanor, or felony convictions; and
7.14 (vii) any other additional information requested by the board;
7.15 (2) proof, as required by the board, that the applicant has satisfactorily completed a
7.16 postsecondary massage therapy program or Asian bodywork therapy program through a
7.17 school or program that:
7.18 (i) is licensed by or registered with the Minnesota Office of Higher Education or has
7.19 conditional approval for a registered school and provisional license from the Minnesota
7.20 Office of Higher Education;
7.21 (ii) has institutional accreditation from an agency recognized by the United States
7.22 Department of Education; and
7.23 (iii) meets the education and training requirements described under subdivision 2 or 3;
7.24 (3) proof of successful passage of a credentialing examination approved by the board;
7.25 (4) proof, as required by the board, of current professional liability insurance coverage
7.26 or school liability insurance coverage as applicable with at least $2,000,000 of coverage
7.27 per occurrence and $6,000,000 annual aggregate; and
7.28 (5) any applicable fees as specified in section 148.6363.
7Article 1 Sec. 7.
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8.1 (b) The applicant must submit to a criminal background check conducted in accordance
8.2 with section 214.075 and pay any fees associated with conducting the criminal background
8.3 check.
8.4 (c) The applicant must sign the application certifying that the information in the
8.5 application is true and correct to the best of the applicant's knowledge and authorizing the
8.6 board to obtain access to the applicant's records in this state or any other jurisdiction in
8.7 which the applicant has engaged in the practice of massage therapy or Asian bodywork
8.8 therapy.
8.9 Subd. 2.Education and training requirements for massage therapy licensure.(a)
8.10 An applicant for licensure as a massage therapist under subdivision 1 whose application is
8.11 received by the board before January 1, 2027, must submit to the board proof of satisfactorily
8.12 completing a postsecondary program that meets the requirements in subdivision 1, paragraph
8.13 (a), clause (2), and includes education and training in:
8.14 (1) anatomy;
8.15 (2) physiology;
8.16 (3) pathology;
8.17 (4) massage therapy;
8.18 (5) massage therapy history, theory, and research;
8.19 (6) professional ethics;
8.20 (7) therapeutic interpersonal communications and standards of practice;
8.21 (8) business and legal practices related to massage therapy; and
8.22 (9) supervised practice demonstrating safe use of equipment and supplies.
8.23 (b) An applicant for licensure as a massage therapist under subdivision 1 whose
8.24 application is received by the board on or after January 1, 2027, must submit to the board
8.25 proof of satisfactorily completing a postsecondary massage therapy program that meets the
8.26 requirements in subdivision 1, paragraph (a), clause (2), and either:
8.27 (1) has programmatic accreditation for massage therapy training programs from an
8.28 agency recognized by the United States Department of Education; or
8.29 (2) includes at least 625 contact hours of education and training composed of 500 contact
8.30 hours of instruction in the areas listed in paragraph (a) and 125 contact hours of student
8.31 clinical practice.
8Article 1 Sec. 7.
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9.1 (c) A program may require more than 625 total contact hours of education and training,
9.2 and may require more than 125 hours of supervised clinical practice, if at least 500 contact
9.3 hours are devoted to instruction in the subjects listed in paragraph (a).
9.4 (d) A student shall not begin a supervised clinical practice of massage therapy without
9.5 student or professional liability insurance coverage of up to $2,000,000 per occurrence and
9.6 $6,000,000 annual aggregate. The school or program may offer the student or professional
9.7 liability insurance coverage required under this paragraph to the student.
9.8 Subd. 3.Education and training requirements for Asian bodywork therapy
9.9 licensure.(a) An applicant for licensure as an Asian bodywork therapist under subdivision
9.10 1 whose application is received by the board before January 1, 2027, must submit to the
9.11 board proof of satisfactorily completing a postsecondary program that meets the requirements
9.12 in subdivision 1, paragraph (a), clause (2), and includes education and training in:
9.13 (1) anatomy;
9.14 (2) physiology;
9.15 (3) pathology;
9.16 (4) Asian bodywork therapy;
9.17 (5) traditional Chinese medicine theory;
9.18 (6) Asian bodywork history, theory, and research;
9.19 (7) professional ethics;
9.20 (8) therapeutic interpersonal communications and standards of practice;
9.21 (9) business and legal practices related to Asian bodywork therapy; and
9.22 (10) supervised practice demonstrating safe use of equipment and supplies.
9.23 (b) An applicant for licensure as an Asian bodywork therapist under subdivision 1 whose
9.24 application is received by the board on or after January 1, 2027, must submit to the board
9.25 proof of satisfactorily completing a postsecondary program that meets the requirements in
9.26 subdivision 1, paragraph (a), clause (2), and either:
9.27 (1) has programmatic accreditation for Asian bodywork therapy training programs from
9.28 an agency recognized by the United States Department of Education; or
9.29 (2) includes at least 625 contact hours of education and training composed of 500 contact
9.30 hours of instruction in the areas listed in paragraph (a) and 125 contact hours of student
9.31 clinical practice.
9Article 1 Sec. 7.
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10.1 (c) An Asian bodywork therapy school or program may require more than 625 total
10.2 contact hours of education and training, and may require more than 125 hours of supervised
10.3 clinical practice, if at least 500 contact hours are devoted to instruction in the subjects listed
10.4 in paragraph (a).
10.5 (d) A student shall not begin a supervised clinical practice of Asian bodywork therapy
10.6 without providing proof to the Asian bodywork therapy school or program of professional
10.7 liability insurance coverage of up to $2,000,000 per occurrence and $6,000,000 annual
10.8 aggregate. The school or program may offer the professional liability insurance coverage
10.9 required under this paragraph to the student.
10.10 Subd. 4.Licensure by endorsement.(a) To be eligible for licensure by endorsement,
10.11 an applicant must:
10.12 (1) meet the requirements for licensure in subdivision 1 with the exception of subdivision
10.13 1, paragraph (a), clauses (2) and (3);
10.14 (2) provide proof as required by the board that the massage therapy training program or
10.15 Asian bodywork therapy training program at the time of the applicant's enrollment met the
10.16 postsecondary education requirements in the jurisdiction in which the program was provided;
10.17 and
10.18 (3) provide proof as required by the board of a current and unrestricted equivalent
10.19 credential in another jurisdiction that has qualifications at least equivalent to the requirements
10.20 of sections 148.635 to 148.6363.
10.21 (b) Licenses issued by endorsement expire on the same schedule and must be renewed
10.22 by the procedures described under section 148.6357, subdivision 2.
10.23 Subd. 5.Licensure by prior experience.(a) To be eligible for licensure by prior
10.24 experience, an applicant must submit to the board:
10.25 (1) the requirements for licensure in subdivision 1, with the exception of subdivision 1,
10.26 paragraph (a), clauses (2) and (3); and
10.27 (2) proof of experience, as required by the board, in the practice of massage therapy or
10.28 Asian bodywork therapy for at least two of the previous five years immediately preceding
10.29 the licensure application date.
10.30 (b) Licenses issued under this subdivision expire on the same schedule and must be
10.31 renewed by the procedures described under section 148.6357, subdivision 2, unless the
10.32 license is canceled due to nonrenewal under section 148.6357, subdivision 8, in which case
10Article 1 Sec. 7.
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11.1 the individual must apply for a new license under the initial licensure requirements in
11.2 subdivision 1.
11.3 (c) The application for licensure by prior experience under this subdivision must be
11.4 received by the board before January 1, 2024.
11.5 Subd. 6.Temporary permit.(a) The board may issue a temporary permit to practice
11.6 massage therapy or Asian bodywork therapy to an applicant eligible for licensure under this
11.7 section if the application for licensure is complete, all applicable requirements have been
11.8 met, and applicable fees have been paid. The temporary permit remains valid until the board
11.9 takes action on the applicant's application, or 90 days from the temporary permit's issuance,
11.10 whichever is sooner.
11.11 (b) A temporary permit holder is considered a licensee for purposes of sections 148.6359
11.12 and 148.636.
11.13 (c) Practicing without a temporary permit is a violation of section 148.6359.
11.14 Sec. 8. [148.6357] LICENSE RENEWAL.
11.15 Subdivision 1.Licensure expiration.Licenses issued according to sections 148.635 to
11.16 148.6363 expire biennially.
11.17 Subd. 2.Renewal.To be eligible for licensure renewal, an applicant must biennially,
11.18 or as determined by the board, submit to the board:
11.19 (1) a completed renewal application on a form provided by the board;
11.20 (2) any applicable fees as specified in section 148.6363;
11.21 (3) proof of current professional liability coverage with at least $2,000,000 of coverage
11.22 per occurrence and $6,000,000 annual aggregate; and
11.23 (4) any additional information requested by the board to clarify information presented
11.24 in the renewal application. The applicant must submit the information within 30 days after
11.25 the board's request, or the renewal request is canceled.
11.26 Subd. 3.Change of address.A licensee or applicant who changes addresses must inform
11.27 the board in writing within 30 days of the change of address. Notices or other correspondence
11.28 mailed to or served on a licensee or applicant at the licensee or applicant's current address
11.29 on file are considered received by the licensee or applicant.
11Article 1 Sec. 8.
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12.1 Subd. 4.Licensure renewal notice.(a) At least 60 days before the licensure expiration
12.2 date, the board shall send out a renewal notice to the last known address of the licensee.
12.3 The notice must include:
12.4 (1) a renewal application;
12.5 (2) a notice of fees required for renewal; and
12.6 (3) information stating that licensure will expire without further action by the board if
12.7 an application for licensure renewal is not received before the deadline for renewal.
12.8 (b) The licensee's failure to receive the renewal notice does not relieve the licensee of
12.9 the obligation to meet the deadline and other requirements for licensure renewal. Failure to
12.10 receive the notice is not grounds for challenging expiration of licensed status.
12.11 Subd. 5.Renewal deadline.The renewal application and fee must be received by the
12.12 board or must be postmarked before the license's expiration date. If the postmark is illegible,
12.13 the application is timely if received by the third working day after the deadline.
12.14 Subd. 6.Inactive status and return to active status.(a) A license may be placed in
12.15 inactive status upon application to the board by the licensee and upon payment of an inactive
12.16 status fee as specified in section 148.6363. Failure to pay the annual inactive status fee shall
12.17 result in a lapse of licensure.
12.18 (b) A licensee seeking licensure restoration to active status from inactive status must:
12.19 (1) apply to the board for licensure renewal according to subdivision 2; and
12.20 (2) submit the applicable reactivation fee as specified in section 148.6363.
12.21 (c) If the license has been in inactive status for more than five years, the applicant must
12.22 also receive a passing score on a credentialing examination before the restoration of the
12.23 license to active status.
12.24 Subd. 7.Licensure following lapse for two years or less.To regain active licensure
12.25 status for a license that has lapsed for two years or less, the applicant must:
12.26 (1) apply to the board for licensure renewal according to subdivision 2; and
12.27 (2) submit all applicable renewal fees for the period not licensed, including the fee for
12.28 late renewal.
12.29 Subd. 8.Cancellation due to nonrenewal.The board shall not renew, reissue, reinstate,
12.30 or restore a license that has lapsed and has not been renewed within two years. An individual
12.31 whose license is canceled for nonrenewal must obtain a new license by applying for licensure
12Article 1 Sec. 8.
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13.1 and fulfilling all requirements under section 148.6356, subdivision 1, for initial licensure
13.2 as a massage therapist or Asian bodywork therapist.
13.3 Sec. 9. [148.6358] BOARD ACTION ON APPLICATIONS.
13.4 Subdivision 1.General.(a) The board must act on each application for licensure or
13.5 renewal according to this section.
13.6 (b) The board shall determine if the applicant meets the requirements for licensure or
13.7 renewal under section 148.6356 or 148.6357. The board may investigate information provided
13.8 by an applicant to determine whether the information is accurate and complete and may
13.9 request additional information or documentation.
13.10 (c) The board shall notify each applicant in writing of action taken on the application,
13.11 the grounds for denying licensure if licensure is denied, and the applicant's right to review
13.12 under paragraph (d).
13.13 (d) An applicant denied licensure may make a written request to the board within 30
13.14 days of the board's notice to appear before the advisory council and for the advisory council
13.15 to review the board's decision to deny licensure. After reviewing the denial, the advisory
13.16 council shall make a recommendation to the board as to whether the denial must be affirmed.
13.17 Each applicant is allowed only one request for review per licensure period.
13.18 Subd. 2.Licensure prohibited.(a) Except as provided in paragraph (b), the board shall
13.19 deny an application for licensure if an applicant:
13.20 (1) has been convicted in this state of any of the following crimes or of equivalent crimes
13.21 in another state:
13.22 (i) labor or sex trafficking under section 609.281, 609.282, 609.283, or 609.322;
13.23 (ii) criminal sexual conduct under sections 609.342 to 609.3451 or 609.3453; or
13.24 (iii) a violent crime as defined under section 611A.08, subdivision 6;
13.25 (2) is a registered sex offender under section 243.166;
13.26 (3) has been subject to disciplinary action under section 146A.09, if the board determines
13.27 that such denial is necessary to protect the public; or
13.28 (4) is charged with or under investigation for a complaint in this state or any other
13.29 jurisdiction that would constitute a violation of statutes or rules established for the practice
13.30 of massage therapy or Asian bodywork therapy in this state and the charge or complaint
13.31 has not been resolved in favor of the applicant.
13Article 1 Sec. 9.
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14.1 (b) The board may establish criteria whereby an individual convicted of an offense listed
14.2 in paragraph (a) may become licensed if the criteria:
14.3 (1) utilize a rebuttable presumption that the applicant is not suitable for licensing or
14.4 credentialing;
14.5 (2) provide a standard for overcoming the presumption; and
14.6 (3) require that a minimum of ten years has elapsed since the applicant was released
14.7 from incarceration or supervisory jurisdiction related to the offense.
14.8 (c) The board shall not consider an application under paragraph (b) if the board determines
14.9 that the victim involved in the offense was a client of the applicant at the time of the offense.
14.10 Sec. 10. [148.6359] GROUNDS FOR DISCIPLINARY ACTION.
14.11 Subdivision 1.Grounds listed.(a) The board may deny, revoke, suspend, limit, or
14.12 condition the licensure of a licensed massage therapist or licensed Asian bodywork therapist
14.13 or may otherwise discipline a licensee. The fact that massage therapy or Asian bodywork
14.14 therapy may be considered a less customary approach to health care must not by itself
14.15 constitute the basis for disciplinary action.
14.16 (b) The following are grounds for disciplinary action regardless of whether injury to a
14.17 client is established:
14.18 (1) failing to demonstrate the qualifications or to satisfy the requirements for licensure
14.19 under sections 148.635 to 148.6363 or rules of the board. In the case of an applicant, the
14.20 burden of proof is on the applicant to demonstrate the qualifications or satisfy the
14.21 requirements;
14.22 (2) advertising in a false, fraudulent, deceptive, or misleading manner, including but not
14.23 limited to:
14.24 (i) advertising or holding oneself out as a "licensed massage therapist," "LMT," "licensed
14.25 Asian bodywork therapist," "LABT," or any abbreviation or derivative thereof to indicate
14.26 such a title, when such licensure is not valid or current for any reason;
14.27 (ii) advertising or holding oneself out as a "licensed massage therapist," "licensed Asian
14.28 bodywork therapist," or any abbreviation or derivative thereof to indicate such a title, except
14.29 if the individual holds a license in another state or jurisdiction and does not provide services
14.30 in Minnesota;
14.31 (iii) advertising a service, the provision of which would constitute a violation of this
14.32 chapter or rules established by the board; and
14Article 1 Sec. 10.
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15.1 (iv) using fraud, deceit, or misrepresentation when communicating with the general
15.2 public, health care providers, or other business professionals;
15.3 (3) falsifying information in a massage therapy or Asian bodywork therapy licensure or
15.4 renewal application or attempting to obtain licensure, renewal, or reinstatement by fraud,
15.5 deception, or misrepresentation, or aiding and abetting any of these acts;
15.6 (4) engaging in conduct with a client that is sexual or may reasonably be interpreted by
15.7 the client as sexual, or engaging in any verbal behavior that is seductive or sexually
15.8 demeaning to a client, or engaging in sexual exploitation of a client, without regard to who
15.9 initiates such behaviors;
15.10 (5) committing an act of gross malpractice, negligence, or incompetency, or failing to
15.11 practice massage therapy or Asian bodywork therapy with the level of care, skill, and
15.12 treatment that is recognized by a reasonably prudent massage therapist or Asian bodywork
15.13 therapist as being acceptable under similar conditions and circumstances;
15.14 (6) having an actual or potential inability to practice massage therapy or Asian bodywork
15.15 therapy with reasonable skill and safety to clients by reason of illness, as a result of any
15.16 mental or physical condition, or use of alcohol, drugs, chemicals, or any other material.
15.17 Being adjudicated as mentally incompetent, mentally ill, a chemically dependent person,
15.18 or a person dangerous to the public by a court of competent jurisdiction, inside or outside
15.19 of this state, may be considered evidence of an inability to practice massage therapy or
15.20 Asian bodywork therapy;
15.21 (7) being the subject of disciplinary action as a massage therapist or Asian bodywork
15.22 therapist in another state or jurisdiction if the board or advisory council determines that the
15.23 cause of the disciplinary action would be a violation under this state's statutes or rules of
15.24 the board had the violation occurred in this state;
15.25 (8) failing to notify the board of revocation or suspension of a credential, or any other
15.26 disciplinary action taken by this or any other state, territory, or country, including any
15.27 restrictions on the right to practice; or the surrender or voluntary termination of a credential
15.28 during a board investigation of a complaint, as part of a disciplinary order, or while under
15.29 a disciplinary order;
15.30 (9) conviction of a crime, including a finding or verdict of guilt, an admission of guilt,
15.31 or a no-contest plea, in any court in Minnesota or any other jurisdiction in the United States,
15.32 reasonably related to engaging in massage therapy practices or Asian bodywork therapy
15.33 practices. Conviction, as used in this clause, includes a conviction for an offense that, if
15.34 committed in this state, would be deemed a felony, gross misdemeanor, or misdemeanor
15Article 1 Sec. 10.
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16.1 regardless of its designation elsewhere, or a criminal proceeding where a finding or verdict
16.2 of guilty is made or returned but the adjudication of guilt is either withheld or not entered;
16.3 (10) if a licensee is on probation, failing to abide by terms of probation;
16.4 (11) practicing or offering to practice beyond the scope of the practice of massage therapy
16.5 or Asian bodywork therapy;
16.6 (12) managing client records and information improperly, including but not limited to
16.7 failing to maintain adequate client records, comply with a client's request made according
16.8 to sections 144.291 to 144.298, or furnish a client record or report required by law;
16.9 (13) revealing a privileged communication from or relating to a client except when
16.10 otherwise required or permitted by law;
16.11 (14) providing massage therapy services or Asian bodywork therapy services that are
16.12 linked to the financial gain of a referral source;
16.13 (15) obtaining money, property, or services from a client, other than reasonable fees for
16.14 services provided to the client, through the use of undue influence, harassment, duress,
16.15 deception, or fraud;
16.16 (16) engaging in abusive or fraudulent billing practices, including violations of federal
16.17 Medicare and Medicaid laws or state medical assistance laws;
16.18 (17) failing to consult with a client's health care provider who prescribed a course of
16.19 massage therapy treatment or Asian bodywork therapy treatment if the treatment needs to
16.20 be altered from the original written order to conform with standards in the massage therapy
16.21 or Asian bodywork therapy field or the licensee's level of training or experience;
16.22 (18) failing to cooperate with an investigation of the board or its representatives, including
16.23 failing to: respond fully and promptly to any question raised by or on behalf of the board
16.24 relating to the subject of the investigation; execute all releases requested by the board;
16.25 provide copies of client records as reasonably requested by the board to assist in its
16.26 investigation; and appear at conferences or hearings scheduled by the board or its staff;
16.27 (19) interfering with an investigation or disciplinary proceeding, including by willful
16.28 misrepresentation of facts or by the use of threats or harassment to prevent a person from
16.29 providing evidence in a disciplinary proceeding or any legal action;
16.30 (20) violating a statute, rule, order, or agreement for corrective action that the board
16.31 issued or is otherwise authorized or empowered to enforce;
16.32 (21) aiding or abetting a person in violating sections 148.635 to 148.6363;
16Article 1 Sec. 10.
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17.1 (22) failing to report to the board other massage therapists or Asian bodywork therapists
17.2 who commit violations of sections 148.635 to 148.6363; and
17.3 (23) failing to notify the board in writing of the entry of a final judgment by a court of
17.4 competent jurisdiction against the licensee for malpractice of massage therapy or Asian
17.5 bodywork therapy, or any settlement by the licensee in response to charges or allegations
17.6 of malpractice of massage therapy or Asian bodywork therapy. The notice must be provided
17.7 to the board within 60 days after the entry of a judgment or date of settlement, and must
17.8 contain the name of the court, case number, and the names of all parties to the action.
17.9 Subd. 2.Evidence.In disciplinary actions alleging a violation of subdivision 1, a copy
17.10 of the judgment or proceeding under the seal of the court administrator or of the
17.11 administrative agency must be admissible into evidence without further authentication and
17.12 must constitute prima facie evidence of the violation.
17.13 Subd. 3.Examination; access to medical data.The board may take the actions described
17.14 in section 148.261, subdivision 5, if the board has probable cause to believe that grounds
17.15 for disciplinary action exist under subdivision 1, paragraph (b), clause (6). The requirements
17.16 and limitations described in section 148.261, subdivision 5, must apply.
17.17 Sec. 11. [148.636] DISCIPLINE; REPORTING.
17.18 For purposes of sections 148.635 to 148.6363, massage therapists or Asian bodywork
17.19 therapists and applicants for licensure are subject to sections 148.262 to 148.266.
17.20 Sec. 12. [148.6361] EFFECT ON MUNICIPAL ORDINANCES.
17.21 Subdivision 1.License authority.Effective January 1, 2024, the provisions of sections
17.22 148.635 to 148.6363 preempt the licensure and regulation of massage therapists or Asian
17.23 bodywork therapists by a municipality, including, without limitation, conducting a criminal
17.24 background investigation and examination of a massage therapist or Asian bodywork
17.25 therapist, or applicant for a municipality's credential to practice massage therapy or Asian
17.26 bodywork therapy.
17.27 Subd. 2.Municipal regulation.Sections 148.635 to 148.6363 do not limit a municipality
17.28 from:
17.29 (1) requiring a massage therapy or Asian bodywork therapy establishment to obtain a
17.30 business license or permit to conduct business in the municipality; or
17.31 (2) regulating other professions or occupations.
17Article 1 Sec. 12.
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Item 5.
18.1 Sec. 13. [148.6362] MASSAGE THERAPY ADVISORY COUNCIL.
18.2 Subdivision 1.Creation; membership.(a) The Massage Therapy Advisory Council is
18.3 created and is composed of five members appointed by the board. All members must have
18.4 resided in this state for at least three years immediately preceding appointment. The advisory
18.5 council consists of:
18.6 (1) two public members, as defined in section 214.02; and
18.7 (2) three members who are licensed under sections 148.635 to 148.6363, two of whom
18.8 must be licensed as massage therapists.
18.9 (b) No more than one member of the advisory council may be an owner or administrator
18.10 of a massage therapy education provider.
18.11 Subd. 2.Administration.The advisory council is established and administered under
18.12 section 15.059.
18.13 Subd. 3.Chair.The advisory council shall elect a chair from among its members.
18.14 Subd. 4.Staffing.The board shall provide meeting space and administrative support
18.15 for the advisory council.
18.16 Subd. 5.Duties.The advisory council shall:
18.17 (1) advise the board on establishing standards of practice and a code of ethics for licensed
18.18 massage therapists or Asian bodywork therapists;
18.19 (2) advise the board on distributing information regarding massage therapy or Asian
18.20 bodywork therapy practice standards;
18.21 (3) review applications and make recommendations for granting or denying applications
18.22 for licensure or licensure renewal;
18.23 (4) advise the board on issues related to receiving and investigating complaints,
18.24 conducting hearings, and imposing disciplinary action in relation to complaints filed against
18.25 licensed massage therapists or Asian bodywork therapists; and
18.26 (5) perform other duties authorized for advisory councils under chapter 214, as directed
18.27 by the board.
18.28 Subd. 6.Expiration.Notwithstanding section 15.059, the advisory council does not
18.29 expire.
18Article 1 Sec. 13.
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Item 5.
19.1 Sec. 14. [148.6363] FEES.
19.2 Subdivision 1.Fees.Fees are as follows:
19.3 (1) initial licensure with application fee must not exceed $285;
19.4 (2) biennial licensure renewal fee must not exceed $185;
19.5 (3) duplicate licensure certificate, $15;
19.6 (4) late fee, $50;
19.7 (5) annual inactive status, $50;
19.8 (6) inactive to active status reactivation, $50;
19.9 (7) temporary permit, $50; and
19.10 (8) returned check, $35.
19.11 Subd. 2.Late renewal fee.An application for licensure renewal submitted after the
19.12 deadline must be accompanied by a late fee in addition to the required fees.
19.13 Subd. 3.Nonrefundable fees.All of the fees in this section are nonrefundable.
19.14 Subd. 4.Deposit.Fees collected by the board under this section must be deposited into
19.15 the state government special revenue fund.
19.16 Sec. 15. INITIAL MASSAGE THERAPY ADVISORY COUNCIL.
19.17 Subdivision 1.Initial member appointments.The Board of Nursing shall make the
19.18 initial appointments to the Massage Therapy Advisory Council authorized under Minnesota
19.19 Statutes, section 148.6362, by October 1, 2023. The initial therapist members appointed to
19.20 the advisory council need not be licensed under Minnesota Statutes, sections 148.635 to
19.21 148.636, prior to initial appointment, but must be a practicing massage therapist or Asian
19.22 bodywork therapist with at least five years experience in the practice of massage therapy
19.23 or Asian bodywork therapy. A massage therapist or Asian bodywork therapist initially
19.24 appointed to the advisory council must obtain licensure under Minnesota Statutes, sections
19.25 148.635 to 148.6363, by January 1, 2025. If the massage therapist member does not obtain
19.26 licensure by January 1, 2025, the member must be removed from the advisory council by
19.27 the board and a new member who is licensed under Minnesota Statutes, sections 148.635
19.28 to 148.6363, must be appointed by the board.
19.29 Subd. 2.First advisory council meeting; initial chair.The Board of Nursing shall
19.30 designate one member from the initial appointments to call the first meeting of the advisory
19Article 1 Sec. 15.
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Item 5.
20.1 council. The first meeting must be convened by November 15, 2023. The advisory council
20.2 shall elect a chair from its members at the first advisory council meeting.
20.3 Sec. 16. APPROPRIATION.
20.4 $....... in fiscal year 2024 and $....... in fiscal year 2025 are appropriated from the state
20.5 government special revenue fund to the Board of Nursing to implement Minnesota Statutes,
20.6 sections 148.635 to 148.6363. The base for this appropriation is $........
20.7 Sec. 17. EFFECTIVE DATE.
20.8 Sections 1 to 16 are effective July 1, 2023.
20.9 ARTICLE 2
20.10 CONFORMING AMENDMENTS
20.11 Section 1. Minnesota Statutes 2022, section 146A.01, subdivision 4, is amended to read:
20.12 Subd. 4.Complementary and alternative health care practices.(a) "Complementary
20.13 and alternative health care practices" means the broad domain of complementary and
20.14 alternative healing methods and treatments, including but not limited to: (1) acupressure;
20.15 (2) anthroposophy; (3) aroma therapy; (4) ayurveda; (5) cranial sacral therapy; (6) culturally
20.16 traditional healing practices; (7) detoxification practices and therapies; (8) energetic healing;
20.17 (9) polarity therapy; (10) folk practices; (11) healing practices utilizing food, food
20.18 supplements, nutrients, and the physical forces of heat, cold, water, touch, and light; (12)
20.19 Gerson therapy and colostrum therapy; (13) healing touch; (14) herbology or herbalism;
20.20 (15) homeopathy; (16) nondiagnostic iridology; (17) body work, massage, and massage
20.21 therapy somatic movement therapy and movement education, structural integration practices,
20.22 and reflexology practices; (18) meditation; (19) mind-body healing practices; (20)
20.23 naturopathy; (21) noninvasive instrumentalities; and (22) traditional Oriental practices, such
20.24 as Qi Gong energy healing.
20.25 (b) Complementary and alternative health care practices do not include surgery, x-ray
20.26 radiation, administering or dispensing legend drugs and controlled substances, practices
20.27 that invade the human body by puncture of the skin, setting fractures, the use of medical
20.28 devices as defined in section 147A.01, any practice included in the practice of dentistry as
20.29 defined in section 150A.05, subdivision 1, or the manipulation or adjustment of articulations
20.30 of joints or the spine as described in section 146.23 or 148.01.
20Article 2 Section 1.
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Item 5.
21.1 (c) Complementary and alternative health care practices do not include practices that
21.2 are permitted under section 147.09, clause (11), or 148.271, clause (5).
21.3 (d) This chapter does not apply to, control, prevent, or restrict the practice, service, or
21.4 activity of lawfully marketing or distributing food products, including dietary supplements
21.5 as defined in the federal Dietary Supplement Health and Education Act, educating customers
21.6 about such products, or explaining the uses of such products. Under Minnesota law, an
21.7 unlicensed complementary and alternative health care practitioner may not provide a medical
21.8 diagnosis or recommend discontinuance of medically prescribed treatments.
21.9 EFFECTIVE DATE.This section is effective January 1, 2024.
21.10 Sec. 2. Minnesota Statutes 2022, section 146A.06, subdivision 3, is amended to read:
21.11 Subd. 3.Exchanging information.(a) The office shall establish internal operating
21.12 procedures for:
21.13 (1) exchanging information with state boards; agencies, including the Office of
21.14 Ombudsman for Mental Health and Developmental Disabilities; health-related and law
21.15 enforcement facilities; departments responsible for licensing health-related occupations,
21.16 facilities, and programs; and law enforcement personnel in this and other states; and
21.17 (2) coordinating investigations involving matters within the jurisdiction of more than
21.18 one regulatory agency.
21.19 (b) The procedures for exchanging information must provide for the forwarding to the
21.20 entities described in paragraph (a), clause (1), of information and evidence, including the
21.21 results of investigations, that are relevant to matters within the regulatory jurisdiction of
21.22 the organizations in paragraph (a). The data have the same classification in the hands of the
21.23 agency receiving the data as they have in the hands of the agency providing the data.
21.24 (c) The office shall establish procedures for exchanging information with other states
21.25 regarding disciplinary action against unlicensed complementary and alternative health care
21.26 practitioners.
21.27 (d) The office shall forward to another governmental agency any complaints received
21.28 by the office that do not relate to the office's jurisdiction but that relate to matters within
21.29 the jurisdiction of the other governmental agency. The agency to which a complaint is
21.30 forwarded shall advise the office of the disposition of the complaint. A complaint or other
21.31 information received by another governmental agency relating to a statute or rule that the
21.32 office is empowered to enforce must be forwarded to the office to be processed in accordance
21.33 with this section.
21Article 2 Sec. 2.
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22.1 (e) The office shall furnish to a person who made a complaint a description of the actions
22.2 of the office relating to the complaint.
22.3 (f) The office shall report to the Board of Nursing all final disciplinary actions against
22.4 individuals practicing massage therapy or Asian bodywork therapy as unlicensed
22.5 complementary and alternative health care practitioners. Upon request by the Board of
22.6 Nursing, the office must share all complaint, investigatory, and disciplinary data regarding
22.7 a named individual who has practiced or is practicing massage therapy or Asian bodywork
22.8 therapy as an unlicensed complementary and alternative health care practitioner.
22.9 EFFECTIVE DATE.This section is effective January 1, 2024.
22.10 Sec. 3. Minnesota Statutes 2022, section 146A.09, is amended by adding a subdivision to
22.11 read:
22.12 Subd. 8.Licensed massage therapists.A person whose licensure as a massage therapist
22.13 or Asian bodywork therapist under sections 148.635 to 148.6363 has been suspended or
22.14 revoked by the Board of Nursing must not practice as an unlicensed complementary and
22.15 alternative health care practitioner under this chapter during a period of suspension or
22.16 revocation.
22.17 EFFECTIVE DATE.This section is effective January 1, 2024.
22Article 2 Sec. 3.
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Item 5.
ITEM: Update to 9.106 General Development Standards to Include Tree Preservation
DEPARTMENT: Community Development BY/DATE: Andrew Boucher, City Planner
April 1, 2024
CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below)
X Healthy and Safe Community
_Equitable, Diverse, Inclusive, and Friendly
_Trusted and Engaged Leadership
_Thriving and Vibrant Destination Community
_Strong Infrastructure and Public Services
X Sustainable
BACKGROUND:
Tree preservation, landscaping, and the urban canopy have been identified by the City of Columbia Heights
through 2040 Comprehensive Plan goals per Land Use and Redevelopment Goals and Policies to provide a
natural buffer between uses and promote community health . However, the current Zoning Code does not
specifically address tree preservation or planting standards and should include measures to ensure the long-
term health and safety are maintained during the development process and so trees can mature in a way that
they are productive and beneficial to the urban canop y.
The City’s 2040 Comprehensive Plan identifies community resilience, climate adaptation, public health, equity,
and sustainability as Emerging Topics. One of the key land use goals identified in the 2040 Comprehensive Plan
includes enhancing community gateways, prioritizing landscaping and other forms of buffering between uses,
and continuing the City’s participation in Tree City USA. By using the most recent versions of the ANSI A300
and ISA Best Management Practices for tree management during construction as well as the MN DNR “Pocket
Guide to Planting Trees”, the amendment to City Code (9.106 General Development Standards) to include
tree preservation language and planting standards i n the Landscaping and Screening section would reflect
industry and agency standards and best practices.
Columbia Heights can maintain and enhance the urban canopy by:
Applying preservation, protection, and replacement standards of Protected Trees to all permits that
require a survey and including the City Forester in the review process to approve tree inventory and
protection plans as well as conducting inspections.
Establishing standards for the removal of protected and removable trees as well as newly planted and
replacement trees to ensure diversity and resiliency of the canopy, soil volume requirements and
formulas for calculating soil volume, and defining protected tree varieties.
Defining replacement requirements based on size and plantings in accordance with the standards set
forth in the MN Department of Natural Resources publication “Pocket Guide to Planting Trees”
Adjusting the letter of credit or other security, as acceptable to the city, from 10% of the tree,
landscaping, and screening estimated cost to an amount equal to the estimated cost. The letter of
CITY COUNCIL WORK SESSION MEETING
AGENDA SECTION WORK SESSION ITEM
MEETING DATE APRIL 1, 2024
56
Item 6.
City of Columbia Heights - Council Letter Page 2
credit or other security as acceptable to the city, or portions, thereof, shall be forfeited to maintain
and/or replace materials for a period of time to include at least two growing seasons. A portion of the
letter of credit or other security as acceptable to the City may be released after one growing season;
after two growing seasons, the security can be released minus costs incurred through damage or
replacement.
SUMMARY OF CURRENT STATUS:
At the time, staff felt it was necessary to amend the existing ordinances to establish a process to include the
City Forester in development review and adopt standards aligned with industry and agency best practices as
well as reflecting the securities and letter of credit language that is seen across municipalities. The ordinance
currently does not reflect the most up-to-date information, standards, or processes that ensure successfully
mature tree canopies or preservation of the existing canopy.
The 6th U.S. Circuit Court of Appeals in F.P. Development, LLC vs. Charter Township of Canton, Michigan found
that, Canton’s ordinance classification of certain trees as “significant trees”, created permitting requirements,
restricted tree removal, and required mitigation for removal. A property owner that removed trees was
required to either pay into a town fund or replant trees; the town enforced action against a developer that
removed 159 trees and argued that, under the ordinance, the developer had to replant trees or pay the town
approximately $50,000. The 6th Circuit found that the ordinance violated the Fifth Amendment’s
“unconstitutional conditions” doctrine, if a permit is conditioned on the waiver of constitutional rights, then
the local government permitting may be found unconstitutional.
Local governments may choose whether and how a permit applicant mitigates developmental impacts, but
they must establish an “essential nexus and rough proportionality to those impacts” and “make some sort of
individualized determination that the required mitigation is related both in nature and extent to the impact of
the proposed development.”
Tree preservation ordinances were examined by peer-reviewing other cities such as Fridley, New Hope,
Shakopee, St. Anthony’s Village, Maple Grove, and Minneapolis for key components. Fridley, St. Anthony’s
Village, and Minneapolis do not have tree preservation ordinances. Additionally, staff has consulted with the
League of Minnesota Cities and the City Forester for their guidance on what a model ordinance should include.
STAFF RECOMMENDATION:
Staff recommends that the City Council direct staff on whether to pursue a tree preservation and planting
standards ordinance and have the City Attorney review the proposed language for purposes of determining if
the ordinance establishes an essential nexus and rough proportionality and documents an individualized
determination process after applying the standards.
ATTACHMENT(S):
Existing Code
Proposed Code
Tree Preservation – League of Minnesota Cities
New Hope Tree Preservation and Replacement Ordinance
Shakopee Tree Preversation Ordinance
Maple Grove Tree
57
Item 6.
Existing City Code
(M) Landscaping and screening.
(1) Purpose. Landscaping and screening requirements are established to buffer
non-compatible land uses, screen unsightly views, reduce noise and glare, minimize
storm water runoff, and generally enhance the quality and appearance of development
within the community.
(2) Landscape plan required. A landscape plan is required for all new commercial,
industrial, institutional and multi-family development. For development having an
anticipated construction value in excess of $750,000, the landscape plan must be
prepared by a landscape architect registered in the State of Minnesota. Said landscape
plan shall include the location, size, quantity and species of all existing and proposed
plant materials.
(3) Design considerations. The following design concepts and requirements should
be considered when developing a landscape plan for submittal to the city:
(a) To the maximum extent possible, the landscape plan shall incorporate
existing vegetative features on the site.
(b) The overall composition and location of landscaped areas should
complement the scale of the development and its surroundings.
(c) Landscaped areas should be of adequate size to allow proper plant growth,
protect plantings from both pedestrian and vehicular traffic, and provide adequate area
for plant maintenance.
(d) A variety of trees and shrubs should be used to provide visual interest year
round. No more than 50% of the required number of trees or shrubs may be comprised
of any one species. No less than 25% of the required number of trees shall be over-
story deciduous trees and no less than 25% shall be coniferous.
(e) Final slopes greater than 3:1 will not be permitted without special treatment
such as terracing, retaining walls or special ground covers.
(f) All plant materials shall meet the following minimum size standards:
Plant Type Minimum Size at Planting
Plant Type Minimum Size at Planting
Trees
Evergreen 6 feet in height
Deciduous–over-story 2.5 inches diameter, measured 2 feet from
base
Deciduous–ornamental 2 inches diameter, measured 2 feet from base
Shrubs
Evergreen 2 feet in height
Deciduous 2 feet in height
58
Item 6.
Existing City Code
Screening shrubs–either 3 feet in height
(4) Landscaping requirements. Landscaping shall be provided in accordance with
the following requirements:
(a) All required setbacks shall be landscaped with turf grass, native grasses,
trees, shrubs, vines, perennial flowering plants, or other pervious ground cover.
(b) A minimum of one tree shall be planted for every 50 feet of street frontage or
fraction thereof. The trees shall be planted within the front yard and may be arranged in
a cluster or placed at regular intervals to best complement existing landscape design
patterns in the area.
(c) A minimum of four trees shall be planted for every one acre of lot area
covered by buildings, parking areas, loading areas, exterior storage areas and othe r
impervious surfaces.
(d) Parking areas shall have a minimum of 100 square feet of landscape area
and one over- story tree for each 20 spaces or, fraction thereof. The remainder of the
landscape area shall be covered with turf grass, native grasses, trees, shrubs, vines,
perennial flowering plants, or other pervious ground cover.
(5) Screening requirements. Screening shall be provided in accordance with the
following requirements:
(a) All off-street parking areas containing six or more parking spaces and located
adjacent to a residential or residentially zoned property, the parking area shall be
screened along the boundary with the residential use. Where any commercial or
industrial use is located adjacent to or across a public alley from a residential or a
residentially zoned property, the commercial or industrial use shall be screened along
the boundary with the residential use.
(b) Exterior storage of materials or equipment, except for allowed retail sales and
temporary placement of equipment, shall be screened from all adjacent non-industrial
uses and from the public right-of-way.
(c) Required screening shall consist of a fence, wall, earthen berming and/or
vegetation no less than six feet in height and no less than 80% opaque on a year round
basis. Said screening shall be located as close to the property line as practicable and
no closer than 15 feet from the edge of a public right -of-way.
(6) Installation and maintenance. The following regulations shall govern the
installation and maintenance of landscaping and screening materials.
(a) All landscaping materials and screening materials shall be installed in
conjunction with site development and prior to issuance of a final certificate of
occupancy.
59
Item 6.
Existing City Code
(b) A letter of credit or other security as acceptable to the city shall be deposited
with the Zoning Administrator, in an amount equal to 10% of the estimated cost of
landscaping and/or screening. The letter of credit or other security as acceptable to the
city, or portions thereof, shall be forfeited to maintain and/or replace materials for a
period of time to include at least two growing seasons. A portion of the letter of credit or
other security as acceptable to the city may be released after one growing season as
determined by the Zoning Administrator.
(c) The property owner shall be responsible for continued maintenance of
landscaping and screening materials to remain in compliance with the requirements of
this section. Plant materials that show signs of disease or damage shall be promptly
removed and replaced within the next planting season.
(7) Screening of parking areas from adjacent properties. All parking and loading
areas (including drive-through facilities, pump island service areas and stacking spaces)
abutting a public street or sidewalk shall provide:
(a) A landscaped frontage strip at least five feet wide along the public street or
sidewalk. If a parking area contains over 100 spaces, the minimum required landscaped
frontage strip shall be increased to eight feet in width.
(b) Screening consisting of either a masonry wall, fence, berm or hedge or
combination that forms a screen a minimum of three feet in height, a maximum of four
and one half feet in height, and not less than 50% opaque on a year-round basis. For
reasons of personal safety and security, parking lot screening should allow clear
visibility of pedestrians above the three-foot high viewing range.
(c) Trees shall be planted at regular intervals of no greater than 50 feet within the
frontage strip.
60
Item 6.
DRAFT Landscaping and Screening amendment
(M) Tree Preservation and Planting Standards for Landscaping and Screening.
(1) Purpose. The City of Columbia Heights recognizes the great value trees,
landscaping, and screening provide to all residents of the City. A healthy,
resilient, and robust urban forest enhances the aesthetic, environmental,
and economic well-being of the City. Tree preservation and planting
standards, landscaping and screening requirements are established to buffer
non-compatible land uses, screen unsightly views, reduce noise and glare,
minimize storm water runoff, and generally enhance the quality and appearance
of development within the community.
a. Preserve and increase the tree canopy cover of Columbia Heights by
protecting mature trees throughout the City.
b. Protect and enhance property values by conserving trees.
c. Improve quality of life for all stakeholders, including residents,
visitors, and wildlife.
d. Preserve and increase the environmental services provided by the
urban forest including sequestration of CO2, erosion and stormwater
mitigation, reduction of air pollutants, reduction of the urban heat
island effect, and reduction of noise pollution.
e. Protect and maintain healthy trees in the development and building
permit process. Protect and maintain healthy trees by ensuring best
tree protection practices during construction and development.
(2) Preservation, protection, and replacement of Protected Trees:
a. This ordinance applies to all demolition, building permit applications,
and land alteration permits, public or private, that require a survey.
b. Definitions:
i. Protected Tree: Any tree variety on the List of Protected Tree
Varieties as maintained and published by City staff with a
diameter of 6” or greater as measured at 4.5’ above ground
(DBH, Diameter at Breast Height). The List of Protected Tree
Varieties may be amended from time to time.
ii. Removable Tree: Any tree not defined as a Protected Tree.
iii. City-Owned Tree: Any tree originating within the City right-of-
way or originating from a City park or City-owned property.
c. Demolition and building permit applications must include a
construction tree inventory plan indicating the location, species, and
diameter of the trunk at 4.5’ above the ground (DBH) for all Protected
Trees on the property and City-Owned Trees on or adjacent to the
construction site. The plan must also indicate any Protected Trees
that are proposed to be removed, as well as their replacement tree(s)
location, species, and size. Applications must also include a tree
protection plan describing in detail how Protected Trees and City-
Owned Trees will be preserved and protected during construction.
The tree protection plan shall follow the standards as presented in
the most recent version of the following publications:
i. ANSI A300 Part 5- Management of Trees and Shrubs During
Site Planning, Site Development, and Construction
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ii. ISA Best Management Practices- Managing Trees During
Construction
d. The construction tree inventory plan and tree protection plan must
be reviewed and approved by the City Forester. Approved tree
protection measures shall be fully installed and inspected by City
staff prior to commencement of any construction activities or
vehicular traffic on site.
e. During the demolition and building process, the permit holder shall
not leave any Protected Tree or adjacent City-owned tree without
sufficient guards and protections to prevent injury to the protected
tree during construction. Tree protection shall follow the standards
as presented in the publications listed above (3.b.). City Forestry
Staff monitoring is required for all projects with affected Protected
Trees and/or replacement trees. Replacement trees will be monitored
for three (3) years to ensure proper establishment.
f. Protected Tree varieties that are less than 6” in caliper must be
moved to another location on the property if possible. Exceptions
must be granted in writing by the City Forester.
g. If a Protected Tree is removed, except as allowed for in paragraph 5
below, it is subject to a size-based replacement policy.
i. Protected trees with DBH 6”-15” are subject to a 2:1, “two for
one” replacement requirement.
ii. Protected trees with DBH 15”-20” are subject to a 3:1, “three
for one” replacement requirement.
iii. Protected trees with DBH 20”-25” are subject to a 4:1, “four
for one” replacement requirement.
iv. Protected trees with DBH >25” are subject to a 5:1, “five for
one” replacement requirement.
v. Replacement trees must be varied by species and are subject
to approval by the City Forester.
vi. Replacement trees are subject to the size and diversity
requirements as outlined below.
vii. A payment of $400 for each tree may be made to the City in
lieu of planting replacement trees where sufficient space
does not exist on the property. Payments will support the
planting of replacement trees by City staff on City property.
viii. Replacement trees shall be planted according to the
standards set forth in the MN Department of Natural
Resources publication “A Pocket Guide to Planting Trees”.
All replacement trees are subject to inspection by City staff
for a period of 2 years beginning the day of planting. Any
trees determined to be unhealthy or poorly established
during this period shall be subject to replacement.
(3) Removal of Protected and Removable Trees:
a. Protected Trees may be removed in the following areas:
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i. Within the footprint of the building pad of a new or remodeled
building, or within a 10’ radius of the footprint.
ii. Within driveways and parking areas meeting all other City
ordinance requirements.
b. Protected Trees removed in accordance with sections (i.) and (ii.)
above are required to be replaced at a rate of 1:1, “one for one.”
Replacement trees are subject to all requirements listed in
paragraph (3.) above.
c. Removable Trees may be removed for any development or building
permit without replacement.
d. If Protected Trees are dead, diseased, or hazardous their removal
must be approved in writing by the City Forester before removal.
Dead, diseased, or hazardous trees are not subject to replacement
requirements.
(4) Exemptions from Tree Preservation Ordinance: Tree removal on property
with an existing building or structure that is not being modified is exempt
from this ordinance.
(5) Standards for Newly Planted Trees and Replacement Trees
a. Landscaping and screening.
i. Landscape plan required. A landscape plan is required for all new
commercial, industrial, institutional, and multi-family development.
For development having an anticipated construction value in
excess of $750,000, the landscape plan must be prepared by a
landscape architect registered in the State of Minnesota. Said
landscape plan shall include the location, size, quantity, and
species of all existing and proposed plant materials.
ii. Design considerations. The following design concepts and
requirements should be considered when developing a landscape
plan for submittal to the city:
1. To the maximum extent possible, the landscape plan shall
incorporate existing vegetative features on the site.
2. The overall composition and location of landscaped areas
should complement the scale of the development and its
surroundings.
3. The City of Columbia Heights is committed to enhancing the
diversity and resiliency of its urban forest. A variety of trees
and shrubs shall be used to provide visual interest year-
round and meet diversity requirements. No more than 10%
of the required number of trees or shrubs may be comprised
of any one species, no more than 15% from any one genus,
and no more than 20% from any one family. No less than
50% of the required number of trees shall be over-story
deciduous trees and no less than 10% shall be coniferous.
New trees and replacement trees shall be planted according
to the standards set forth in the MN Department of Natural
Resources publication “A Pocket Guide to Planting Trees”.
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All replacement trees are subject to inspection by City staff
for a period of 3 years beginning the day of planting. Any
trees determined to be unhealthy or poorly established
during this period shall be subject to replacement.
4. Final slopes greater than 3:1 will not be permitted without
special treatment such as terracing, retaining walls or
special ground covers.
5. All plant materials shall meet the minimum size standards
listed in Table 1; all planting locations shall meet the soil
volume requirements for the plant material listed in
Table 2. Soil volume requirements must be met by
contiguous, uncompacted soil suitable for the plant
type. Soil depth beyond 3 feet shall not be counted
towards soil volume requirements. Landscaped areas
should be of adequate size to allow proper plant growth,
protect plantings from both pedestrian and vehicular
traffic, and provide adequate area for plant
maintenance. Definitions and rules for calculating soil
volume provided in Appendix B.
Table 1: Plant Size Requirements
Table 2: Soil Volume Requirements
Plant Type Minimum Size at Planting
Trees
Evergreen-over-story 6 feet in height
Evergreen—ornamental 6 feet in height
Deciduous–over-story 2.5 inches diameter, measured 2 feet
from base
Deciduous–ornamental 2 inches diameter, measured 2 feet from
base
Shrubs
Evergreen 2 feet in height
Deciduous 2 feet in height
Screening shrubs–either 3 feet in height
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Expected Tree Size at Maturity Minimum Soil Volume Requirement
(ft3)
Small trees: 10-25 ft crown spread, 8-12”
mature DBH
400
Medium trees: 25-35 ft crown spread,
12-18” mature DBH
800
Large trees: 35+ ft crown spread, 18”+
mature DBH
1200
Appendix A: List of Protected Tree Varieties
Common Name Botanical Name
Birch Betula spp.
Buckeye, Ohio Aesculus glabra
Catalpa, Northern Catalpa speciosa
Cedar, Eastern Red Juniperus virginiana
Cedar, Northern White Thuja occidentalis
Elm (except Siberian/Asian elms) Ulmus spp. (Except U. pumila)
Fir, White Abies concolor
Hackberry Celtis occidentalis
Hemlock, Eastern Tsuga canadensis
Hickory Carya spp.
Honey locust Gleditsia triacanthos
Ironwood Ostrya virginiana
Kentucky coffee Gymnocladus dioica
Linden Tilia spp.
Maple, Black Acer nigrum
Maple, Red Acer rubrum
Maple, Sugar Acer saccharum
Mountain ash Sorbus spp.
Oak Quercus spp.
Pine, Red Pinus resinosa
Pine, White Pinus strobus
Spruce, Norway Picea abies
Spruce, White Picea glauca
Walnut, Black Juglans nigra
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Appendix B: Definitions and Rules for Calculating Soil Volume
The following definitions apply to soil media for newly planted trees in the City of
Columbia Heights:
Open soil. Exclusively refers to either uncompacted native soils (no greater than
80% Proctor), or amended soils meeting the Minnesota Department of
Transportation standards for approved topsoil, that are not covered by hardscape
or paved surfaces.
Available open soil. The uncovered length by width of a planting bed, multiplied
by depth of preparation up to 36 inches deep. Most unprepared urban subgrade is
highly compacted and does not qualify as available.
Covered soil. Soil volume provided below hardscape or paved surfaces in the
form of suspended soil cells or structural soil. Only 25% of the volume of
structural soils may be counted towards soil volume requirements.
Shared soil. Soil media shared by more than one tree in a planting bed sharing
open soil, or an individual tree in a planting bed that is connected to other open
soils via Soil Cells or Structural Soil. Areas of shared soil must have a continuous
root path that does not restrict to less than 4 feet wide or 2 feet deep.
Isolated soil. Soil media in a tree well or small enclosed planting bed that is not
connected to other prepared soil volumes and is totally isolated by hardscape
such as driveways, sidewalks, or vaults.
Connected soil. Two or more areas of open soil that are connected below
hardscape with either soil cells or structural soil. These connected beds can now
qualify as shared soil.
The following standards and exceptions apply to calculating soil volumes:
1) The total soil volume provided for a tree shall be calculated in cubic feet
by adding the available open soil volume to the available covered soil
volume within a 50-foot radius of the tree.
2) When total soil volume consists of more than one planter bed or open
soil area, those areas must be connected by continuous root paths at
least 4 feet wide and 2 feet deep.
3) Soil volumes for covered soil shall be calculated by using only the
space available to roots and may not include the components providing
structure. 90% of the volume of cell-type hardscape suspension
systems may be counted towards total soil volume; 25% of the volume
of structural soils may be counted towards total soil volume. A
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maximum depth of 36” may be used when calculating total soil volume;
depths beyond 36” may not be counted towards soil volume
requirements.
(6) Landscaping requirements. Landscaping shall be provided in accordance with
the following requirements:
a. All required setbacks shall be landscaped with turf grass, native grasses,
trees, shrubs, vines, perennial flowering plants, or other pervious ground
cover.
b. A minimum of one tree shall be planted for every 50 feet of street frontage
or fraction thereof. The trees shall be planted within the front yard and
may be arranged in a cluster or placed at regular intervals to best
complement existing landscape design patterns in the area.
c. A minimum of four trees shall be planted for every one acre of lot area
covered by buildings, parking areas, loading areas, exterior storage areas
and other impervious surfaces.
d. Parking areas shall have a minimum of 100 square feet of landscape area
and one over- story tree for each 20 spaces or, fraction thereof. The
remainder of the landscape area shall be covered with turf grass, native
grasses, trees, shrubs, vines, perennial flowering plants, or other pervious
ground cover.
(7) Screening requirements. Screening shall be provided in accordance with the
following requirements:
a. All off-street parking areas containing six or more parking spaces and
located adjacent to a residential or residentially zoned property, the
parking area shall be screened along the boundary with the residential
use. Where any commercial or industrial use is located adjacent to or
across a public alley from a residential or a residentially zoned property,
the commercial or industrial use shall be screened along the boundary
with the residential use.
b. Exterior storage of materials or equipment, except for allowed retail sales
and temporary placement of equipment, shall be screened from all
adjacent non-industrial uses and from the public right-of-way.
c. Required screening shall consist of a fence, wall, earthen berming and/or
vegetation no less than six feet in height and no less than 80% opaque on
a year round basis. Said screening shall be located as close to the
property line as practicable and no closer than 15 feet from the edge of a
public right-of-way.
(8) Installation and maintenance. The following regulations shall govern the
installation and maintenance of landscaping and screening materials.
a. All landscaping materials and screening materials shall be installed in
conjunction with site development and prior to issuance of a final
certificate of occupancy.
b. A letter of credit or other security as acceptable to the city shall be
deposited with the Zoning Administrator, in an amount equal to 10% of the
estimated cost of landscaping and/or screening. The letter of credit or
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other security as acceptable to the city, or portions thereof, shall be
forfeited to maintain and/or replace materials for a period of time to
include at least two growing seasons. A portion of the letter of credit or
other security as acceptable to the city may be released after one growing
season as determined by the Zoning Administrator.
c. The property owner shall be responsible for continued maintenance of
landscaping and screening materials to remain in compliance with the
requirements of this section. Plant materials that show signs of disease or
damage shall be promptly removed and replaced within the next planting
season.
(9) Screening of parking areas from adjacent properties. All parking and loading
areas (including drive-through facilities, pump island service areas and stacking
spaces) abutting a public street or sidewalk shall provide:
a. A landscaped frontage strip at least five feet wide along the public street
or sidewalk. If a parking area contains over 100 spaces, the minimum
required landscaped frontage strip shall be increased to eight feet in
width.
b. Screening consisting of either a masonry wall, fence, berm or hedge or
combination that forms a screen a minimum of three feet in height, a
maximum of four and one half feet in height, and not less than 50%
opaque on a year-round basis. For reasons of personal safety and
security, parking lot screening should allow clear visibility of pedestrians
above the three-foot high viewing range.
c. Trees shall be planted at regular intervals of no greater than 50 feet within
the frontage strip.
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New Hope
4.3 c. Tree preservaƟon and replacement. Landscape plans associated with commercial, industrial,
mulƟple family, or insƟtuƟonal uses shall include measures to preserve or replace significant, preferred
trees within any site development or redevelopment projects whenever possible, in accordance with this
secƟon of the New Hope City Code.
1. InspecƟon. With submission of a development applicaƟon, the tree inspector shall conduct a site
inspecƟon and idenƟfy significant, preferred trees that may be impacted or lost due to site
improvements, grading, and/or uƟlity work associated with the project.
2. PreservaƟon measures. The applicant shall include tree preservaƟon measures on the landscape
measures that will be put in place during site construcƟon to protect significant, preferred trees,
including:
a. Snow fencing or polyethylene laminar safety neƫng placed at the drip line or criƟcal
root zones.
b. InstallaƟon of signage at all tree protecƟon areas that instructs workers to stay out.
c. Erosion control methods.
d. Tree removal procedures including direcƟonal felling away from exisƟng trees to be
saved and trenching to separate root systems prior to bulldozing trees or stumps.
e. CoordinaƟon of uƟlity planning with tree preservaƟon plan to strategically extend uƟlity
connecƟons from the street to the building in a manner that protects trees intended to
be saved.
f. Measures for prevenƟng changes in soil chemistry due to concrete wash-out and leakage
or spillage of toxic materials such as fuels or paints.
g. No soil disturbance shall occur within the lot unƟl the tree preservaƟon plan is approved
and tree protecƟon measures are in place.
h. Builders, contractors, or others working on site shall not fill, stockpile materials, or store
equipment or vehicles against the trunk of the tree, in the criƟcal root zone, or under
the drip line of a tree to be saved.
3. Replacement.
a. No tree replacement is required for the following:
i. Removal of non-significant, preferred trees.
ii. Removal of non-preferred trees/invasive vegetaƟon, nuisance plants or trees
that are diseased or dead.
iii. Removal of significant, preferred trees within 15 feet of the building footprint of
a proposed building or building addiƟon.
b. Tree replacement will be required for the loss of any significant, preferred trees from the
site due to site grading, construcƟon of parking lots, loading areas, open outdoor storage
areas, or stormwater management features.
c. The City will require the replacement of all trees at a one-inch to 0.5-inch raƟo.
d. Replacement trees shall consist of tree(s) from the preferred tree list as defined in
secƟon 4-2(b) of the City Code and shall meet the minimum size requirements as set
forth in subsecƟon (d)(4)b.1. of this secƟon.
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e. The site landscape plan shall idenƟfy tree locaƟons, species, and sizes for replacement
trees being planted on site. If the site plan does not offer space for the required number
of replacement trees, the city may permit off-site replacement trees planted on public
property.
f. Any replacement tree which is not alive or healthy, as determined by the tree inspector,
or which subsequently dies due to construcƟon acƟvity within two years aŌer the date
of project closure, shall be removed by the applicant and replaced with a new healthy
tree meeƟng the same minimum size requirements.
4. Compliance with plan. The applicant shall implement the tree preservaƟon plan prior to and
during any construcƟon. The tree protecƟon measures of the plan shall remain in place unƟl all
grading and construcƟon acƟvity is terminated, or unƟl a request is made to and approved by
the city. The city shall have the right to inspect the development and/or building site in order to
determine compliance with the approved tree preservaƟon plan. The city shall determine
whether compliance with the tree preservaƟon plan has been met.
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Shakopee
151.113 Tree Preservation Regulations
1. Purpose. The city regards natural features such as woodlands and bluffs as part of the
community's identity, attracting residents and businesses to the area, City Council
recognizes that not protecting these assets would have a quantifiable economic, social,
and environmental loss. An objective of the city's Comprehensive Plan is to preserve,
enhance, and maintain natural wooded areas within the city. This section aims to
achieve this objective by encouraging responsible land development through rewarding
those who use creative site design and minimize the impact to existing landscape and
neighborhood character.
2. Regulations. The following requirements and standards shall apply to any tree removal
including, a preliminary plat, final plat, minor subdivision, building permit, demolition
permit, conditional use permit variance, or grading permit is required by the city on any
parcel of land containing a significant tree. The city is authorized to deny or revoke any
permits extended by the city for individuals or organizations in violation of this section.
3. Applicability. The following developments are exempt from the requirements for tree
replacement:
1. Any alteration of the tree canopy taking place on a residential property less than
two and a half acres in size other than for an initial dwelling;
2. Home gardens or an individual's home landscaping, repairs, and maintenance
work;
3. Existing agricultural, horticultural, or silvicultural operations. Expansions of
existing agricultural operations will be subject to the requirements for tree
replacement;
4. Emergency work to prevent or alleviate immediate damages to life, limb,
property, or natural resources. In such event, if tree replacement had been
required but for emergency, the obligations of this division (C) shall apply and
shall be performed at the earliest reasonable time thereafter;
5. Maintenance of existing infrastructure by the city is exempt from the
requirements of this section.
4. Definitions. For the purpose of this section, the following definitions shall apply unless
the context clearly indicates or requires a different meaning.
APPLICANT. Any person submitting an application to the city for any activity for which
a preliminary plat, final plat, minor subdivision, building permit, demolition permit,
conditional use permit, variance, or grading permit is required on land containing a
significant tree.
BASIC INFRASTRUCTURE. Includes roads, streets, sidewalks, rights-of-way, sanitary
sewer, storm sewer, septic tanks, dram fields, water, natural gas, electric, cable
television service, drainage ways, and storm ponds.
BUILDABLE LAND. Any land not considered a wetland or easement as defined in the
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City Code or a bluff impact zone as defined in the design criteria.
BUILDING PARAMETER. The footprint of a building or structure with a distance not to
exceed 20 feet in each direction thereof. The area of disturbance on either side of a
driveway, when added together, shall not exceed 20 feet.
CALIPER INCH. The measurement of a tree trunk measured at 4.5 feet above the root
ball.
COMMON TREE. Any of the following trees: poplar; red maple; ash; elm; cedar; mulberry;
balsam fir; birch; pine; spruce; tamarack; black locust; or other fast growing deciduous
trees not listed as an exceptional tree. Trees that are not included in overall tree
inventory and are not required to be replaced are ash, buckthorn, willow, fruit trees,
cottonwood.
CONTIGUOUS WOODLAND. A contiguous tree canopy greater than 2 acres regardless of
land ownership.
CRITICAL ROOT ZONE or CRZ. A radius of 1½ feet for every 1 inch of DBH for the tree
trunk of the tree being preserved. Example: If a tree's DBH is 10 inches, its CRZ is 15 feet
(10 x 1 1/2 = 15).
DEVELOPMENT. Any activity for which a preliminary plat, final plat, minor
subdivision, building permit, demolition permit, conditional use permit, variance, fence
permit, or grading permit is required on land containing a tree.
DIAMETER AT BREAST HEIGHT or DBH. The diameter of the trunk of a tree measured
in inches 4 1/2 feet above the ground from the uphill side of the tree.
DIAMETER AT ROOT COLLAR or DRC. Used for measuring multi-stem trees. Trees are
examined to see if they have a unified crown and are counted at each stem and
multiplied by .6. Single trees are measured individually if there is no shared canopy.
EXCEPTIONAL TREE. Any of the following trees: oak; hickory; basswood; sugar maple;
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black maple; cherry; catalpa; walnut; hackberry; hornbeam; coffee tree; butternut;
buckeye; or horse chestnut.
FORESTRY SPECIALIST. A state registered land surveyor, civil engineer, landscape
architect, forester, or certified arborist, who is capable of identifying a tree by species.
Only an arborist can identify and classify trees that are in poor health or considered
hazardous.
HAZARD TREE. A tree posing a threat to property or people that has visible hazardous
defects such as dead wood, cracks, weak branch unions, decay, cankers, root problems,
or poor tree architecture as defined by the U.S. Department of Agriculture, Forest Service,
Northeastern Area's publication How to Recognize Hazardous Defects in Trees (NA-FR-
01-96).
HIGH PRIORITY AREA. A group of three or more exceptional trees ten inches DBH or
greater with near contiguous canopies or group of any trees that provide a buffer or
screening along an adjacent property or street.
HIGH PRIORITY TREE. An exceptional tree 15 inches DBH or greater, or any tree the city
has a strong desire to preserve and is declared healthy by the city's staff.
MULTI-STEM TREE. A group of trees that share both a unified crown and common root
stock. The diameter is recorded as the diameter at root collar.
REPLACEMENT TREE. A tree that replaces diameter inches of a removed tree. The
number of replacement trees required is based off the number of replacement inches
calculated with the "remove:replace" ratio.
RESIDENTIAL BUILDING PERMIT. A building permit required for the building of an
initial dwelling.
SIGNIFICANT TREE. A living specimen of a woody plant species that is either an
exceptional tree whose diameter is 4 inches or greater DBH; a common tree whose
diameter is six inches or greater DBH, or a multi-stem tree with 2 or more stems
measuring four inches or greater in diameter measured above the root collar.
TREE PRESERVATION PLAN. The tree inventory, site plan, and tree replacement sheet
for a site where an applicant proposes to remove a significant tree.
TREE PROTECTION FENCE. Orange snow fencing or polyethylene laminate safety
netting placed at the critical root zone of a tree to be preserved.
TREE REPLACEMENT ESTIMATE. The city's cost for a three inch balled and burlapped
tree for the current year. The city is required to get three quotes per year and post the
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chosen quote in the current fee schedule.
WOODLAND ALTERATION. Any private or public infrastructure and utility installation,
building construction, excavation, grading, clearing, filling, or other earth change on
any parcel of land, where any cutting, removal, or killing of a significant tree on any
parcel of land will occur. Residential parcels of land less than two and a half acres in
size are subject to the requirements in this section only if the WOODLAND ALTERATION
for an initial dwelling.
WOODLAND ALTERATION PERMIT. A permit to allow woodland alteration.
5. Tree preservation plan requirements.
1. Requirements generally. All applicants are required to submit and follow the
approved tree preservation plan.
2. Requirements of the tree preservation plan. The tree preservation plan must be
completed by a forestry specialist and meet the following requirements.
1. Tree inventory.
1. The tree inventory must include every significant tree on buildable
land on the property where the permit is being applied for. In
addition to trees on said property, significant trees on adjacent
property which have CRZ overlapping onto said property must be
inventoried. Each inventoried tree must be tagged with a unique
identification number.
2. In circumstances where larger areas of the site are not being
altered/graded or have no flexibility in planning around
significant trees, the applicant may request permission from the
city's Planning Department to use a stratified random sample with
a fixed area plot to calculate an estimated tree DBH and species for
each stratum. The survey results must be within less than 10% of
standard error for each stratum. Plots must be marked to allow for
replication of survey if necessary.
3. The applicant must provide a working digital copy and hard copy
spreadsheet displaying the following information for each
inventoried tree:
1. Identification number;
2. Tree size (DBH or DRC);
3. Tree species;
4. Tree type (common, exceptional, or high priority);
5. On-site or off-site (adjacent property);
6. Critical root zone (if being preserved);
7. Removed or preserved;
8. Whether the tree is within a contiguous woodland or high
priority area; and
9. The total diameter inches of both high priority trees and
significant trees inventoried must be displayed.
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2. Site plan.
1. Generally. A scaled drawing of the site including:
1. The location, identification number, and tree type
(common, exceptional, or high priority) of all inventoried
trees;
2. Proposed trees to remove and preserve:
3. High priority areas and contiguous woodland area;
4. Critical root zones of all trees being preserved along with
any area within critical root zone that will be impacted;
5. Proposed construction/grading limits, lot lines, building
parameter, basic infrastructure, buildable land, and
building footprint/elevation;
6. Locations of tree protection fence and silt fence; and
7. Soil stockpile and parking locations during construction.
2. Additional requirements.
1. A survey of the lot meeting all possible requirements of the
tree inventory and site plan must be provided to the builder
of the lot. The city must be provided a digital copy of the tree
survey for each individual lot.
2. Note areas with oak wilt, Dutch elm disease. Emerald Ash
Borer, invasive plants such as buckthorn or others listed on
the current year's State Department of Agriculture's
noxious weed list.
3. Tree replacement sheet.
1. The tree replacement sheet is a scaled drawing of the site depicting
where the replacement trees will be planted.
2. The plan must include:
1. Calculations for determination of required replacement
trees and landscaping required by division (H) below;
2. Locations of all trees and other plants being installed on-
site;
3. Plant list including species, size, and stock type of installed
plants;
4. Planting details that meet the city's tree planting
specifications; and
5. Easements, right-of-ways, construction limits, building
pads, driveways, and basic infrastructure.
3. Residential building permit tree preservation plan. The applicant
must complete the city's "residential building-tree preservation
plan" as their tree preservation plan which includes a survey
meeting all requirements of this division (E) to the city.
4. Permit prerequisites. No woodland alteration, grading, or building
permits shall be issued by the city until the applicant has installed
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any required tree protection fencing and it has been inspected and
approved by the city.
5. Changes to tree preservation plan. Any changes to the tree
preservation plan shall be submitted in writing to the city by the
applicant for approval. If the change includes any additional
significant tree removal, an additional inspection and approval by
the city of the tree protection fencing will be required.
6. Current tree preservation plan. All information contained in the
tree preservation plan must not be more than two years old at the
time of submittal. City staff may grant reasonable exceptions to
this requirement for residential builders of an individual lot.
7. Removal of significant trees. Significant trees required to be
removed pursuant to § 130.17, shall be identified as removed on the
tree preservation plan and must be removed. Significant trees that
are removed for this reason are exempt from the replacement
requirements of this division (E).
6. Allowable tree removal.
1. Generally.
1. Developers and builders are required to save as many trees as feasible
when grading or building a site.
2. When developing the site plan the developer or builder shall:
1. Identify high priority trees and areas (using the tree inventory)
that are most worthy of preservation;
2. Locate roads, buildings, utilities, parking areas, or other
infrastructure so as to minimize their impacts on exceptional and
high priority trees;
3. Preserve trees in groves or clusters recognizing that survivability
is greater for groups of trees than individuals;
4. Manipulate proposed grading and the limits of disturbance by
changing the elevation/location of building pads, parking lots, and
streets, and consider the use of retaining walls to reduce the
impact of the trees; and
5. Review all construction factors that influence tree survivability.
2. Standards for site developments.
Type of
Development
Permitted
Removal
Caliper Inches
Significant Trees
Above Permitted
Removal
Caliper
Inches
High
Priority
Trees
Excluded Trees
and Trees
Health
Classified
"Poor"/Hazard
Trees
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Residential
buildings 6
units or less
during
subdivision
30% of
inventoried DBH
1:1 DBH
inventoried
1:1.5
(remove:
replace)
None
Residential 6
units or less
after
subdivision
100% DBH
within building
parameter
None None None
Commercial.
industrial > 6
unit residential
buildings
60% of
inventoried DBH
1:1 DBH
inventoried
1:1.5
(remove:
replace)
None
Redevelopment 60% of
inventoried DBH
1:1 DBH
inventoried
1:1.5
(remove:
replace
None
1. Tree removal beyond the lot being built on is allowed only for the
installation of basic infrastructure. 15% of the inventoried DBH on the
buildable land for that lot may be removed without replacement; and
2. Removal in excess of this 15% requires replacement of 1:1.5 DBH (remove:
replace).
3. For any applicant proposing redevelopment of a lot, 30% of the inventoried DBH
on the buildable land for the lot being redeveloped is allowed to be removed
without replacement. Removal in excess of this 30% requires replacement of 1:1.5
DBH (remove:replace).
4. Proposal to remove more than 35% of high priority trees. If an applicant proposes
to remove more than 35% of the high priority trees or 25% of a contiguous
woodland, based on DBH, the city must be shown site plan alternatives
considered by the applicant as evidence an attempt to remove less than said
amount of trees was made and an explanation as to why this plan does not work.
7. Tree preservation requirements.
1. The applicant must preserve all trees identified to be preserved on the tree
preservation plan.
2. For grading being done between the dates of April 1 and July 31, the CRZ for an
oak tree may be increased due to threat of oak wilt. During this time, wound
dressing will be applied immediately after damage of an oak tree takes place.
3. A tree shall be considered removed if:
1. More than 30% of the CRZ is compacted over 80% of Standard Proctor or
200 PSI, cut, filled, or paved;
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2. More than 30% of the circumference of the trunk is damaged;
3. The hydrology in the area of preserved trees changes due to site grading;
or
4. Severe damage to an oak tree takes place between April 1 and July 31.
4. Tree protection fence shall be placed outside of the CRZ of trees being preserved.
If fencing is not possible, covering and maintaining the CRZ with geotextile
fabric and six plus inches of wood-chip mulch will suffice.
5. There may be no construction activity within the CRZ of a significant tree located
on an adjacent property.
8. Tree replacement standards.
1. A replacement tree shall not be any species presently under disease or insect
epidemics, considered invasive, or a species that composes a high percentage of
the city's urban forest without prior written approval from the city.
Recommended species can be found in the city's Forestry Specification Manual.
2. Replacement trees must meet the planting size requirements for required
landscaping.
3. All replacement trees must be installed during appropriate season for that
planting stock.
4. Replacement trees are not to be installed until exterior construction activities are
complete in that area.
5. If there are greater or equal to 30 trees that are required, they shall be composed
of no more than 10% of one species, 20% of one genus, and 30% of one family. If
there are less than 30 trees are required, one species shall make up no more than
25% of the total.
6. Replacement trees shall not be planted in a location that will interfere with other
infrastructure or be in extreme competition for resources with other trees at
maturity.
7. The city may accept other vegetative or environmental alternatives proposed by
an applicant if those alternatives are monetarily or ecologically equivalent to the
value of the replacement trees required by this section.
8. Replacement trees shall be planted not more than 18 months from the date of the
final approved tree replacement sheet as part of the tree preservation plan.
Extensions may be requested in writing to the city.
9. If the number of replacement trees cannot be met on-site, the following is
required:
1. A cash payment of $400 per replacement tree shall be provided to the city
for the planting of trees that are as close as possible to the site that
payment was received for or to subsidize trees sold to the city's residents;
2. Trees may be planted in city-owned or managed land as approved by the
city;
3. Replacement trees may be installed on other properties owned by the
applicant within the city. If a buffer area as defined by the natural
resource corridor map is on said property, replacement trees shall be
planted in this area first.
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9. Unauthorized significant tree removal .
1. Any person, firm, or corporation who removes or causes the loss of a significant
tree identified to be preserved on an approved tree preservation plan or without
a permit allowing woodland alteration, shall be required to complete 1 of the
following as determined by the city:
1. Installation of replacement trees within the same development at a 1:2
DBH (remove:replace); or
2. Payment to the city of $500 for every one inch of significant tree removed
that was unauthorized. Measurement of each tree will be at DBH or
diameter of the stump, whichever is readily available. This amount may
be taken by the city from the financial security posted by the applicant for
tree replacement, if any. A minimum of $15,000 payment will be required
if measurements are unavailable.
2. This provision also applies to a conservation easement area that is disturbed
during or after development as well as removing a publicly managed tree of any
size without written city authorization.
3. The city may withhold permits from any person, firm, or corporation who fails
to complete the requirements above.
10. Financial security.
1. The applicant shall provide the city with a cash escrow, or other form of security
that the city deems acceptable, in the amount of 150% of the total tree
replacement estimate.
1. Formula. Number of replacement trees x tree replacement estimate x
150%= financial security due.
2. The financial security required for the replacement trees is due prior to the
issuance of the grading permit or the commencement of any woodland
alteration activity.
3. All replacement trees must be warrantied to guarantee survival. The warranty
period shall begin upon inspection and acceptance by city staff of the installed
trees for proper planting, size, species, health, and location. If at any time during
the warranty period replacement trees are found to be unhealthy by city staff
they are required to be replaced with the same size and species by the applicant
at the soonest appropriate planting time.
1. For commercial/industrial sites and residential developers, up to 75% of
the financial security may be returned upon inspection and acceptance
by the city of installed trees and the submittal of a city-approved two year
warranty from the landscape contractor who installed the trees. This
warranty must cover tree health issues relating to excess or insufficient
water. The remaining financial security will be held by the city for 2
years. When reducing the financial security, 75% will be returned unless
city staff feels the trees have a heightened risk of failure.
2. For builders of individual residential lots within a subdivision who
receives a one-year warranty from the landscape contractor who
installed the trees, 100% of the financial security will be returned upon:
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1. Inspection and acceptance of installed trees by the city; and
2. Providing the lot buyer with the copy of the two-year warranty
from the landscape contractor and contact information to make a
claim on the warranty.
4. If the financial security has not been returned in full after the inspection of the
installed trees, at the end of a 2-year warranty period, the applicant shall
schedule a final inspection with city staff.
1. Prior to scheduling the inspection, the applicant shall confirm the
following conditions are met:
1. All trees have 1 dominate leader, are free of deadwood, and injured
branches;
2. All tree wrap is removed;
3. All stakes and wires are removed; and
4. Trees are in leaf.
2. At the time of final inspection the city shall decide to:
1. Refund the financial security in full; or
2. Require the planting of new trees to replace the replacement trees
which do not survive or are declared unhealthy by city staff. If 25%
or more of the replacement trees are required to be replaced, the
appropriate amount of financial security will be held for an
additional 2 years for said trees.
5. The financial security will be used by the city only if the applicant does not
install the initial or subsequent replacement trees required in this chapter.
6. Any trees required to be removed per § 130.17 from a site, shall be removed and
disposed of according to § 130.17 prior to release of the financial security.
7. The city shall be exempt from the financial security requirement of this section.
11. General regulations.
1. If the applicant disagrees with the city staff's decision with respect to the
interpretation or enforcement of this chapter, the applicant may appeal that
decision by following the procedure established in § 151.016.
2. Land previously planted for commercial tree farm purposes shall be subject to
tree replacement requirements as determined appropriate by the city with the
maximum requirement being the current allowable tree removal requirements
of division (F) above.
3. Inspections required in this chapter will be conducted by staff from the city's
Natural Resources Department or other city staff as assigned.
12. Effective Date. This section becomes effective from and after its passage and
publication.
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Maple Grove: DIVISION 6. - T TREE PRESERVATION DISTRICT
Sec. 36-728. - Tree preservaƟon standards associated with site development.
SHARE LINK TO SECTIONPRINT SECTIONDOWNLOAD (DOCX) OF SECTIONSEMAIL SECTION
Unless provided otherwise in an approved forest management plan set forth in secƟon 36-727, the
condiƟons following the submission requirements in this secƟon shall apply to removal of trees having a
trunk diameter of eight inches or more DBH.
1) ApplicaƟon. Any person desiring to develop all or part of any property within a T-zone shall submit
an applicaƟon (subdivision, site plan, planned unit development, among others) to the city's
community and economic development department together with a filing fee as set forth in chapter
16, arƟcle XI, of this Code. Accompanying the appropriate applicaƟon shall be the following:
a) Tree inventory. Tree inventory shall include the species, diameter, condiƟon and locaƟon of
all trees at least eight DBH inches and shall be prepared by a forester, natural resources
specialist, cerƟfied arborist, landscape architect or another qualified individual. Such qualified
individual shall require approval by the community development director.
b) Tree preservaƟon plan. The tree preservaƟon plan shall show and specify:
i) Total diameter inches and species composiƟon of trees at least eight DBH inches to
be preserved;
ii) Total number of diameter inches of trees at least eight DBH inches to be removed;
iii) Limits of tree clearing, tree protecƟon zones and fencing;
iv) LocaƟon, size and species of replacement trees required in secƟon;
v) ConstrucƟon staging areas for parking and material storage including concrete washout
areas;
vi) LocaƟon of all underground uƟliƟes;
vii) Dripline analysis showing the approximate locaƟon of the dripline from each tree. If a clear
dripline cannot be established, said analysis shall esƟmate the dripline using a 1½-foot radius
for the dripline for each inch of tree diameter;
viii) Root cuƫng with a vibratory plow, trencher or other device approved by the director of
community and economic development must be conducted along the limits of clearing
adjacent to tree preservaƟon areas and a root cuƫng detail shall be provided;
ix) Grading in the dripline shall be no more than one-third the radius of the es Ɵmated dripline
or the tree shall be counted as removed in the plan. Said grading shall be only on one side of
the tree.
x) Fencing detail for any fencing required under secƟon 36-730.
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xi) Signage details for any required signage under secƟon 36-730.
xii) All tree removal shall be accounted for with the iniƟal plan and include proposed grading for
all lots in a development.
xiii) For single-family detached residenƟal property, trees within 20 feet of the building pad may
be preserved but shall not count as preserved on the retenƟon schedule.
c) Sequencing plan. The sequencing plan shall show the following sequencing schedule:
i) Root cuƫng;
ii) InstallaƟon of tree protecƟon fence and signage;
iii) Grading.
2) Standards of preservaƟon during development. Development means part of a development proposal
under review such as, but not limited to, a planned unit development or subdivision review.
a.
Development Type Removal limit before replacement is
required (in DBH inches)
ResidenƟal (PUD or
otherwise)
50%
Industrial (non-
PUD)
70%
Commercial (non-
PUD)
80%
Industrial and
Commercial PUD's
70%
3) Replacement table for planned unit developments: The replacement for planned unit developments
has a replacement raƟo that gets higher as removal gets higher and puts a limit on removal. The
intent is to limit removal and provide more replacement with more removal.
ResidenƟal PUD Replacement Table Replacement RaƟo
(replacement inches to
removal inches)
Removal up to 50% of DBH inches 0:0
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ResidenƟal PUD Replacement Table Replacement RaƟo
(replacement inches to
removal inches)
Removal over 50—55% of DBH inches 2:1
Removal over 55—60% of DBH inches 3:1
Removal over 60—65% of DBH inches 4:1
Removal over 65—70% of DBH inches 5:1
No removal allowed over 70%
Commercial and Industrial PUD
Replacement Table
Replacement RaƟo
Removal up to 70% of DBH inches 0:0
Removal over 70—75% of DBH inches 2:1
Removal over 75—80% of DBH inches 3:1
Removal over 80—85% of DBH inches 4:1
Removal over 85—90% of DBH inches 5:1
No removal allowed over 90%
The replacement raƟo shall apply to the enƟre replacement. For example, removal in a residenƟal PUD
of 60 percent would have a 3:1 replacement raƟo, 61 percent removal would trigger at 4:1 replacement
raƟo.
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4) Density bonus and transfer for residenƟal development. As an incenƟve to retain trees, density
bonuses can be considered for preservaƟon. Density bonuses are based on the percentage
of trees retained over 50 percent and apply to the area of a project that is in a T-zone. Density
bonuses for T-zone preservaƟon can be in addiƟon to any density bonuses in the PUD secƟon.
a. For each net acre, or porƟon thereof, above 50 percent of the T-zone area that
is preserved, a density bonus may be considered. Wetland and floodplain areas will not
count toward the calculated area of preservaƟon as these areas already have
protecƟons.
b. The density bonus shall be based on two Ɵmes the maximum density of the underlying
land use guiding in the comprehensive plan.
c. At least 55 percent of the inches must be retained before the density bonus shall apply.
d. To calculate the total number of units allowed on a site, the bonus units would be added
to the number of units using the base density mulƟplied by the net acres of the site for
the parƟcular land use category. The base densiƟes are as follows and are based on
historical averages for these land uses:
i. Low-Medium Density: 2.5 units per acre.
ii. Medium Density: 6.75 units per acre.
iii. High Density: 18 units per acre.
iv. Mixed Use High Density: 22 units per acre.
e. Example table for a low-medium density guided site:
Total T-zone Acres 10.0
Percent of T-zone acres preserved 60%
Acres over 50% preserved 1.0
Base Density 2.5 units per acre
Max Density in Comprehensive plan 4.0 units per acre
Density Bonus 8.0 units per acre
Bonus units (1 acre above 50% x Density
Bonus)
8
Base units 25
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Total Units with Bonus Units 33
Net Density 3.3 units per acre
f. The addiƟonal units can be transferred to the remainder of the site or an alternaƟve site
subject to city approval.
g. The city may consider flexibility with regard to unit types and lot sizes to accommodate
the greater amount of open space that would occur with greater tree preservaƟon. For
example, smaller single-family lots or more aƩached housing in the low-medium
residenƟal areas could be considered.
h. For sites that have both T-zone areas and non-T-zone areas, density bonuses shall be
calculated independently from each other. Open space preservaƟon bonuses would only
be gained if open space was created in the non-T-zone area above what is required by
code.
i. The maximum density in low-medium residenƟal guided land may not be exceeded.
5) Standards of preservaƟon when not connected with a development review. This secƟon shall
govern the development of individual vacant lots and/or new construcƟon in a T-zone in which
removal was not previously accounted for through some other review process such as, but not
limited to, planned unit development or subdivision review. Note that exisƟng homes proposing
addiƟons, or other such improvements, will be subject to the requirements of secƟon 36-731.
a. Single-family detached and two-family dwellings. The builder shall be responsible for
working with the community development department for the protecƟon of the trees to
be preserved on a parƟcular lot.
i. The building pad shall include an area from the front lot line to a line 85 feet
behind the front lot line.
ii. The building pad shall extend across the enƟre width of the lot.
iii. The builder shall be required to replace trees removed from within the building
pad on a basis of one-half inch of replacement for each DBH inch of removal.
iv. Trees protected within the building pad may count toward replacement at a
raƟo of two inches of replacement for every DBH inch of trees protected.
v. If trees are removed from the area outside the building pad, they shall be
replaced at a raƟo of two inches of replacement for each DBH inch removed.
b. Other development types:
Development Type Removal limit before replacement is required (in DBH inches)
AƩached single-family
dwellings and apartments
50%
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Development Type Removal limit before replacement is required (in DBH inches)
Industrial 70%
Commercial 80%
c. Trees removed in excess of the removal limit above shall be replaced at a raƟo of two
inches of replacement for each DBH inch removed.
6) Standards of preservaƟon in all other circumstances. Whenever trees are removed under any
circumstances other than those idenƟfied in subsecƟons (2) and (5) of this
secƟon, preservaƟon and replacement raƟos set forth in subsecƟon (5) shall apply.
Sec. 36-729. - Replacement standards.
a) As shown on a tree preservaƟon plan required in secƟon 36-728 (1)b, replacement shall occur in
the following order:
i) In the area from which the trees are removed. For single-family residenƟal developments, or
other types of development as determined by the city council, said area shall be common
areas, outlots or other lots other than private, individually owned lots.
ii) If this is not desirable for the health or survival of the replacement trees, the trees shall be
replanted elsewhere within the T-zone from which the trees were removed. For single-family
residenƟal developments, or other types of development as determined by the city council,
said area shall be common areas, outlots or other lots other than private, individually owned
lots.
iii) If this is also undesirable for the health or survival of the replacement trees, then the
replanƟng may occur outside of the designated T-zone but shall occur within the
development. For single-family residenƟal developments, or other types of development as
determined by the city council, said area shall be common areas, outlots or other lots other
than private, individually owned lots.
iv) If this is not desirable for the health or survival of the replacement trees, then the
landowner shall consult and work with the city to determine a beƩer alternaƟve planƟng
locaƟon for the replacement trees.
v) Otherwise, at the discreƟon of the city council, the tree conservaƟon fee shall be paid to the
city in an amount as is set forth by the city council in the adopted fee schedule. Funds
received by the tree conservaƟon fee will be maintained within a separate account and used
to replant trees on public lands or within forest preservaƟon lands.
b) Any replanƟng shall be done with overstory trees of the primary species of the affected forest.
No more than 20 percent of the replacement trees shall be composed of any one genus. At
planƟng, the trunks of deciduous trees shall be at least 2½ inches DBH. Coniferous trees shall be
at least five feet in height.
c) Replacement trees shall be idenƟfied as such unƟl they are eight inches in DBH, shall be
considered at least eight inches in DBH regardless of size and shall be treated accordingly for
purposes of this division.
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d) A coniferous tree replacement shall be counted at a raƟo of one inch DBH for every two feet in
height of the coniferous tree.
e) If any replanƟng is to occur outside the limits of the T-zone, the parcel on which the replanƟng
occurs shall be rezoned so as to be governed by the provisions of the T-zone.
f) Any replacement tree required to be planted by secƟon 36-728 shall be in addiƟon
to trees required to be planted on any residenƟal lot, including single-family detached, two-
family or any lot needing to comply with the requirements of secƟon 36-831, Required
landscaping.
Sec. 36-730. - Requirements before and during construcƟon.
a) Tree protecƟon and preservaƟon standards.
i) Trees designated for preservaƟon shall be protected by a highly visible fence or other
temporary structure deemed acceptable by the city. The protecƟon area shall be defined by
the projecƟon of the tree dripline downward to the ground. If less protecƟon is necessary
due to the proximity of building structures or infrastructure, such reduced protecƟon area
shall require approval by the city prior to any construcƟon acƟvity taking place.
ii) The locaƟon and means of tree protecƟon shall require inspecƟon and approval by the city
prior to any construcƟon acƟvity taking place, including any grading work on the site. The
city shall also inspect the construcƟon site during construcƟon. The tree protecƟon shall
remain in place unƟl the city has conducted an inspecƟon of the lot and has approved the
removal of the fencing.
iii) No equipment, chemicals, soil deposits or construcƟon materials shall be placed within a
protecƟve barrier.
iv) Any landscaping acƟvity subsequent to the removal of the barriers shall be accomplished
with hand labor.
v) If, during construcƟon, acƟviƟes take place in areas designated for preservaƟon in violaƟon
of the above standards, trees in the impacted area may be deemed removed and subject to
the penalƟes in secƟon 36-722 and any necessary replacement requirements.
vi) Any tunneling under trees for uƟliƟes should be a minimum of two feet underground from
the top of the tunnel to minimize root loss.
b) Site signage.
(1) Prior to any tree being removed pursuant to subsecƟons 36-728(2) or (3), the property
owner shall cause to be posted on the perimeter of the site involved in the
development, subdivision, excavaƟon or construcƟon acƟvity signs readily visible to and
understandable by the public idenƟfying the trees and acƟvity on the site as being
subject to the provisions of T-zone regulaƟons of the city.
(2) Such signs will be provided by the city, shall be placed in proximity to planned entrances
to the development and shall remain in place unƟl the acƟvity has passed final approval
by the city departments monitoring it.
(3) In addiƟon, the property owner shall securely aƩach signs to the tree protecƟon fence
required under secƟon 36-730 every 50 feet of protecƟon fencing or porƟon thereof.
Such signs will be provided by the city.
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(4) All site acƟvity that would impact trees shall cease if signage and/or fencing are not in
place, unƟl said signage and fencing are deemed adequate by the monitoring city
departments.
c) Performance guarantee.
1) Based upon the replacement trees idenƟfied in secƟon 36-729, and prior to any
construcƟon acƟvity taking place, the applicant shall submit a cash escrow, leƩer of
credit or other surety acceptable to the city in the amount of 100 percent of the cost of
the replacement trees proposed for the project area. Such surety shall remain in force
for two full growing seasons following installaƟon of the replacement trees to guarantee
survival. At the end of the second growing season or subsequent two-year period, the
city shall review the project area in coordinaƟon with the applicant and shall make a
determinaƟon to:
a. Refund the appropriate performance surety; or
b. Require the planƟng of new trees to replace the replacement trees which did
not survive the iniƟal or subsequent two full growing seasons or subsequent
periods unƟl such Ɵme as the replacement trees have survived two full growing
seasons.
2) For purposes of this secƟon, all trees shall be alive and in saƟsfactory growing condiƟon
at the end of two full growing seasons. The growing season shall include the period May
1 through September 30. The two-year guarantee period for plant materials installed
aŌer the growing season ends shall commence the following year.
d) Survey of trees prior to issuance of building permit. Prior to the issuance of a building permit by
the city for a lot within a development subject to the requirements of this sec Ɵon, the applicant
for such building permit shall provide a cerƟfied survey of the lot or lots for which the building
permit is to be issued idenƟfying the locaƟon, size and species of all trees eight inches DBH or
larger in size. Such survey shall indicate trees that are to be removed, those that are to be saved
and any required replacement trees. Diagrams of protecƟve fencing shall be shown on the
survey consistent with secƟon 36-730. If required by the city, a tree replacement plan shall be
provided complying with the provisions of this secƟon.
e) Survey of trees prior to approval of occupancy. Prior to the city approving final occupancy for any
structure contained within a T-zone, the applicant for such occupancy shall provide a cerƟfied
survey of the lot verifying the informaƟon required in subsecƟon (e) of this secƟon. If the city
determines that addiƟonal tree inches are removed aŌer the compleƟon of site improvements
based on the survey, the city shall require addiƟonal tree replacement.
f) Further requirements during subdivision are set forth in chapter 30, pertaining to subdivisions,
and include, but are not limited to, secƟon 30-16(3)m.
Sec. 36-731. - Tree preservaƟon standards aŌer site development.
a) For all development types, except for single-family detached homes, the tree preservaƟon plan
associated with that development shall govern and addiƟonal tree removal shall be compared
with the removal in the original approval. Any required replacement shall be subject to the
requirements of this chapter.
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b) For single-family detached homes, aŌer a cerƟficate of occupancy has been granted, addiƟonal
removal of trees eight inches in diameter at breast height (DBH) shall require the replacement of
one tree for each tree removed. Replacement trees shall meet the requirements of secƟon 36-
729.
Sec. 36-732. - ExcepƟons.
The provisions of this division shall not apply to:
1) The removal of trees from commercial nurseries or horƟcultural properƟes, such as tree farms,
orchards or commercial forests. This excepƟon shall not be interpreted to include lumber
harvesƟng incidental to imminent development of the land.
2) The removal of trees on public rights-of-way conducted by or on behalf of a federal, state,
county, municipal, or other governmental agency in pursuance of its lawful ac ƟviƟes or funcƟons
in the construcƟon or improvement of public rights-of-way.
3) The removal of trees deemed to be diseased, dying, or dead. Said determinaƟon shall be made
by a cerƟfied arborist, landscape architect or other natural resource professional.
4) The removal of any tree which has become or threatens to become a danger to human life or
property.
5) The removal of any tree by a public uƟlity when such tree has the reasonable potenƟal of
endangering the faciliƟes operated by the uƟlity.
92
Item 6.
ITEM: Discussion on Park Dedication
DEPARTMENT: Community Development BY/DATE: Andrew Boucher, City Planner; April 1,
2024
CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below)
X Healthy and Safe Community
_Equitable, Diverse, Inclusive, and Friendly
_Trusted and Engaged Leadership
_Thriving and Vibrant Destination Community
X Strong Infrastructure and Public Services
X Sustainable
BACKGROUND:
Staff examined existing City Code 9.116 Subdivision Regulations with regards to park dedication to determine
consistency with current State Statute 462.358 Official Controls, Subdivision Regulation, and Dedication. Staff
also reviewed proposed SF No. 4051 clarifying how a statutory or home rule charter city may impose
dedication and dedication fees in relation to accessory dwelli ng units, affordable housing, sacred
communities, and senior housing. To comply with the subdivision statute (MN Statute, section 462.358), cities
may impose park dedication fees rather than requiring land dedication for public use as long as certain crite ria
are met. The fee may be “based on the average fair market value of the unplatted land for which park fees
have not already been paid” as long as there is an essential nexus between the fees and the municipal purpose
sought to be achieved by the fee; and the fee must bear a rough proportionality to the need created by the
proposed subdivision or development.
Additionally, staff analyzed the League of Minnesota Cities’ amicus brief and MN Supreme Court’s decision on
Almir Price v. City of Burnsville regarding the initial recommendation of $37,804 for park dedication fees and
the subsequent recalculation of the fees reducing the amount to $11,700 after recognizing that the residential
land value of the property was significantly lower than that of the commercial land which is what the property
was zoned as. The court held that the city made an individualized determination by recalculating the fee using
the fair market value of the specific property rather than applying the city’s blanket dedication formula based
on the average cost per acre by zoning district. The court found the fee to be legal, but dedications must
qualify as proportional to the effect of the development, even if it is a percentage or flat fee.
Staff reviewed the following other peer cities’ ordinances to establish a base minimum, but also determine
whether a proportionality study and appeal process are necessary as shown in the attached analysis.
SUMMARY OF CURRENT STATUS:
CITY COUNCIL WORK SESSION MEETING
AGENDA SECTION WORK SESSION ITEM
MEETING DATE APRIL 1, 2024
93
Item 7.
City of Columbia Heights - Council Letter Page 2
Current city code appears to be consistent with the existing 462.358 and purposed SF No. 4051 with staff
requesting clarification from the City Attorney on the following inquiries before any changes are made.
STAFF RECOMMENDATION:
Staff recommends updating the existing Parks Master Plan and that the City Attorney review 9.116 Subdivision
Regulations to determine:
1. Does the existing city code language (9.116 (b)5a-b), as written, establish a logical connection and
“essential nexus between the fees and municipal purpose sought to be achieved by the fee” as well as
“the fee must bear a rough proportionality to the need created by the proposed subdivision or
development”?
2. Should the existing city code language (9.116 (b)(5e) be revised to include a process for “individualized
determination” or appeal process to comply with the “rough proportionality” requirement of the
subdivision or does the “sole discretion/may consider a combination of area dedication/cash
contribution to total the 10% park dedication contribution” satisfy that requirement?
ATTACHMENT(S):
City Code Analysis
State Statute 462.358
SF No. 4051
Andover
Big Lake
Maple Grove
Minneapolis
Minnetoka
Richfield
Roseville
St. Paul
94
Item 7.
Existing City Code – 9.116 Subdivision Regulations
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.
Staff analysis of existing code and consistency with current state statute 462.358 and proposed SF No.
4051:
Buildable area is defined in City Code as area of the lot remaining after the minimum yard or setback
requirements have been established; ordinance also includes language stating that any land that has
been dedicated or obtained as easements for stormwater retention, drainage, roadway, and other utility
purposes. Subdivision regulation states that the dedication shall be an area not less than 10% of the total
proposed area to be subdivided.
- City Code is consistent.
The City has a capital improvement budget plan and has a parks, trails, and open space component to
the 2040 Comprehensive Plan; Planning Commission and City Council must create a logical connection
and establish the “essential nexus and rough proportionality” of the dedication/fee being requested
based upon ordinance, then make an individualized determination of the development’s effect on the
surrounding area.
95
Item 7.
City Code references considering proposed location in relation to existing or contemplated
recreational and park sites in other parts of the community and suitability in meeting the
requirements of the city’s comprehensive plan. City Code also references the ability to waive this
requirement for one of the following reasons; enforcement of the provision would create an extreme
hardship to the owner, size of the tract involved, topography, or previously already dedicated
comparable areas in other subdivisions by the same owner. Other reasons include owner contribution
to the Parks Capital Improvement Fund of a cash equivalent representing 10% of the market value of
the tract in an underdeveloped state on the date the preliminary plat is presented to the city; as well
as a combination of an area dedication and cash contribution to total the 10% park dedication
contribution.
- 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, or the owner has
already dedicated comparable areas in other subdivisions in the city.
- 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
represented to the city.
- The city, at its sole discretion, may consider a combination of an area dedication and cash
contribution to total the 10% park dedication contribution.
Staff recommends seeking clarification from the City Attorney on whether the current park dedication
code language is consistent with current state statute 462.358 and proposed SF No. 4051, specifically
with consideration to 9.116 Subdivision Regulation (b)(5b, d ii, e):
- Does this code language (9.116 (b)5b) establish “an essential nexus between the fees and
the municipal purpose sought to be achieved by the fee; the fee must bear a rough
proportionality to the need created by the proposed subdivision or development”?
- Should this code language (b)(5e) include a process for an “individualized determination”
to comply with the “rough proportionality” requirement of the subdivision or does the
sole discretion/may consider a combination of area dedication/cash contribution to total
the 10% park dedication contribution satisfy that requirement?
96
Item 7.
MN Statute 462.358 Official Controls; Subdivision Regulation; Dedication
Subd. 2a. Terms of regulations.
The standards and requirements in the regulations may address without limitation: the size, location,
grading, and improvement of public areas, trails, walkways, and the planning and design of sites. The
regulations may permit the municipality to condition its approval on the construction and installation of
utilities and improvements or, in lieu thereof, on the receipt by the municipality of a cash deposit,
certified check, irrevocable letter of credit, bond, or other financial security in an amount and with
surety and conditions sufficient to assure the municipality that the utilities and improvements will be
constructed or installed according to the specifications of the municipality. A municipality may require
that an applicant establish an escrow account or other financial security for the purpose of reimbursing
the municipality for direct costs relating to professional services provided during the review, approval,
and inspection of the project. A municipality may only charge the applicant a rate equal to the value of
the service to the municipality. Services provided by municipal staff or contract professionals must be
billed at an established rate.
Subd. 2b.Dedication.
(a) The regulations may require that a reasonable portion of the buildable land, as defined by municipal
ordinance, of any proposed subdivision be dedicated to the public or preserved for public use as streets,
roads, sewers, electric, gas, and water facilities, stormwater drainage and holding areas or ponds and
similar utilities and improvements, parks, recreational facilities as defined in section 471.191,
playgrounds, trails, wetlands, or open space. The requirement must be imposed by ordinance or under
the procedures established in section 462.353, subdivision 4a.
(b) If a municipality adopts the ordinance or proceeds under section 462.353, subdivision 4a, as required
by paragraph (a), the municipality must adopt a capital improvement budget and have a parks and open
space plan or have a parks, trails, and open space component in its comprehensive plan subject to the
terms and conditions in this paragraph and paragraphs (c) to (i).
(c) The municipality may choose to accept a cash fee as set by ordinance from the applicant for some or
all of the new lots created in the subdivision, based on the average fair market value of the unplatted
land for which park fees have not already been paid that is, no later than at the time of final approval or
under the city's adopted comprehensive plan, to be served by municipal sanitary sewer and water
service or community septic and private well as authorized by state law. For purposes of redevelopment
on developed land, the municipality may choose to accept a cash fee based on fair market value of the
land no later than the time of final approval. "Fair market value" means the value of the land as
determined by the municipality annually based on tax valuation or other relevant data. If the
municipality's calculation of valuation is objected to by the applicant, then the value shall be as
negotiated between the municipality and the applicant, or based on the market value as determined by
the municipality based on an independent appraisal of land in a same or similar land use category.
(d) In establishing the portion to be dedicated or preserved or the cash fee, the regulations shall give due
consideration to the open space, recreational, or common areas and facilities open to the public that the
applicant proposes to reserve for the subdivision.
97
Item 7.
(e) The municipality must reasonably determine that it will need to acquire that portion of land for the
purposes stated in this subdivision as a result of approval of the subdivision.
(f) Cash payments received must be placed by the municipality in a special fund to be used only for the
purposes for which the money was obtained.
(g) Cash payments received must be used only for the acquisition and development or improvement of
parks, recreational facilities, playgrounds, trails, wetlands, or open space based on the approved park
systems plan. Cash payments must not be used for ongoing operation or maintenance of parks,
recreational facilities, playgrounds, trails, wetlands, or open space.
(h) The municipality must not deny the approval of a subdivision based solely on an inadequate supply of
parks, open spaces, trails, or recreational facilities within the municipality.
(i) Previously subdivided property from which a park dedication has been received, being resubdivided
with the same number of lots, is exempt from park dedication requirements. If, as a result of
resubdividing the property, the number of lots is increased, then the park dedication or per-lot cash fee
must apply only to the net increase of lots.
§Subd. 2c.Nexus.
(a) There must be an essential nexus between the fees or dedication imposed under subdivision 2b and
the municipal purpose sought to be achieved by the fee or dedication. The fee or dedication must bear a
rough proportionality to the need created by the proposed subdivision or development.
(b) If a municipality is given written notice of a dispute over a proposed fee in lieu of dedication before
the municipality's final decision on an application, a municipality must not condition the approval of any
proposed subdivision or development on an agreement to waive the right to challenge the validity of a
fee in lieu of dedication.
(c) An application may proceed as if the fee had been paid, pending a decision on the appeal of a dispute
over a proposed fee in lieu of dedication, if (1) the person aggrieved by the fee puts the municipality on
written notice of a dispute over a proposed fee in lieu of dedication, (2) prior to the municipality's final
decision on the application, the fee in lieu of dedication is deposited in escrow, and (3) the person
aggrieved by the fee appeals under section 462.361, within 60 days of the approval of the application. If
such an appeal is not filed by the deadline, or if the person aggrieved by the fee does not prevail on the
appeal, then the funds paid into escrow must be transferred to the municipality.
98
Item 7.
Land
Dedication/
Rate
Park System
Plan Referenced
Waiver/
Modify
Appeal process Outlines process
for combination
of cash and land
Minneapolis Per unit/per
employee
fee; .01 acres
per
household for
neighborhood
and
community
parks and 100
sq. ft. per
employee;
$1,500 per
non-exempt
unit for
residential
development;
$200 per
development
employee
Yes; Parks and
Open Space
goals and
policies of the
comprehensive
plan and park
system plan.
Waiver
– no,
modify -
yes
No No
St. Paul 9% residential
or mixed-
used; 4%
commercial
Yes;
Comprehensive
Plan
Yes No No
Roseville 10%
residential;
5% other
Yes; Parks and
Recreation
System Master
Plan, Pathways
Master Plan,
and
Comprehensive
Plan
No No No
Minnetonka 10% for land;
cash
contributions
are made
according to a
fee schedule:
Single
dwellings:
$5,000.00/lot
Yes; approved
park system in
Comprehensive
Plan
Yes Yes; with
County District
Court
No
99
Item 7.
two-family or
multiple
dwellings:
$5,000.00/
unit
office or
industrial
$7,000.00/
acre
commercial
$8,000.00/
acre
Richfield Reasonable
portion
No Yes No No
Big Lake 10%
residential;
4%
commercial
Yes;
Comprehensive
Plan
No Yes; applicant
may request
the prepare (at
the applicant’s
expense) an in-
depth study of
the effect of
the subdivision
on the park
and trail
system and an
estimate of
that effect in
money and/or
land. No
application
shall be
deemed
complete until
that
determination
is made.
Yes
Andover 10% of land Yes; Andover
Park System
Plan;
Comprehensive
Plan and
Yes;
Council
may
vary
from
Yes Yes
100
Item 7.
Comprehensive
Park System
Plan
these
require
ments if
a
develop
ment
demons
trates
unique
attribut
es
sufficien
t for
parks
and
open
space
included
in the
develop
ment
Maple
Grove
10%; for 9
and more
dwelling units
per gross acre
– 11% plus an
additional 1%
for each
additional
dwelling unit
per acre over
9; allows for
reductions
based on
affordable
units, senior
living, higher
density;
dedication
requirements
are also
broken down
by use
categories
Yes;
comprehensive
plan and official
map
Yes;
based
on
descripti
ons of
lands
No Yes
101
Item 7.
Maple Grove:
The city may require the subdivider or developer to make a combination cash and land dedication
pursuant to the following formula:
The amount of land which could be required shall be calculated and from the total, minus the actual
amount of land the city determines to be needed to fulfill the purposes of the ordinance.
The balance arrived at under the total minus the needed shall be converted into a cash contribution in
lieu of land dedication pursuant to a standard formula established by the city, which formula takes into
consideration such things as, but not necessarily limited to, the fair market value of the property in the
plat, subdivision or development and the percentage of the total park dedication obligation represented
by such balance.
Big Lake:
City may elect at sole discretion to receive cash or a combination of cash, land, and development of the
land for park and/or trail use calculated based upon the following:
At the time of subdivision, a calculation will be conducted to determine the average fair market value of
the land to be subdivided, based on annual tax valuation or other relevant data. The average fair market
value of the land will be multiplied by the appropriate dedication percentage. The result of this
calculation is equal to the total cash value of the park dedication for the project.
1) The formula is outlined as follows:
a. Average Fair Market Value of Land to be Subdivided x Percent of Land to be Dedicated =
Total Cash Value of Park Dedication for the Subdivision.
2) The value of the land dedication, if any, is determined based upon the following formula:
a. Total Land Dedication Acres x Cash Value of Park Dedication for the Subdivision =
Dedicated Land Value.
3) To determine the combined land and cash dedication requirement, the following formula should
be used:
a. Total Cash Value of Park Dedication for the Subdivision – Dedicated Land Value = Cash
Dedication Requirement.
Andover:
If a combination of cash and land dedication is required, the cash contribution to the city would be
determined as follows for residential zoned property:
1. Total acreage of plat multiplied by ten percent (10%) (minimum required land dedication) yields
the required land to be dedicated.
2. "Total park dedication fee" will be determined by establishing the ultimate number of residential
lots that can be achieved (if no park land was dedicated) multiplied by the park dedication fee
per unit as per the fee schedule.
102
Item 7.
3. Divide the "total park dedication fee" from Step 2 by the required land to be dedicated from
Step 1. This yields the "fee per acre".
4. Multiply the "fee per acre" from Step 3 by the acres of park to be dedicated, which is to include
one half (1/2) of the street rightof-way adjacent to the park. The land must be exclusive of
wetlands, slopes exceeding 12% ponding areas, or other features unsuitable for park land. This
yields the dollar value of credit for land and for the right-of-way being dedicated.
5. The “total park dedication fee: from Step 2 minus the dollar value of credit for land and right-of-
way being dedicated from Step 4 yields the dollar amount and/or balance due in park dedication
fee.
6. Credit will be given towards the park dedication fee that is required for areas within the park
that were required to be improved by the City and agreed to by the developer or owner. Those
improvements may include grading of the park, which must be graded a minimum of two feet
above the 100-year flood elevation or three feet above mottled soil or highest anticipated water
level, whichever is higher. Improvements may also include, but are not limited to, installation of
playground equipment, installation of individual sanitary sewer and water service (not the main
lateral lines), and any other item that would relate to development of the park.
Richfield:
Subd. 3. Park dedication. In appropriate plats or subdivisions to be developed for residential uses, the
Council may require that a reasonable portion of such land of sufficient size and character be set aside
and dedicated to the public for public use as parks and playgrounds. The City has the option to require
cash contribution in lieu of accepting dedication of land or the City may require a combination of land
dedication and cash payment. Any cash contribution received by the City will be placed in a special fund
and used only for the acquisition of land for parks and playgrounds or other lawful purposes.
103
Item 7.
MN Statute 462.358 Official Controls; Subdivision Regulation; Dedication
Subd. 2a. Terms of regulations.
The standards and requirements in the regulations may address without limitation: the size, location,
grading, and improvement of public areas, trails, walkways, and the planning and design of sites. The
regulations may permit the municipality to condition its approval on the construction and installation of
utilities and improvements or, in lieu thereof, on the receipt by the municipality of a cash deposit,
certified check, irrevocable letter of credit, bond, or other financial security in an amount and with
surety and conditions sufficient to assure the municipality that the utilities and improvements will be
constructed or installed according to the specifications of the municipality. A municipality may require
that an applicant establish an escrow account or other financial security for the purpose of reimbursing
the municipality for direct costs relating to professional services provided during the review, approval,
and inspection of the project. A municipality may only charge the applicant a rate equal to the value of
the service to the municipality. Services provided by municipal staff or contract professionals must be
billed at an established rate.
Subd. 2b.Dedication.
(a) The regulations may require that a reasonable portion of the buildable land, as defined by municipal
ordinance, of any proposed subdivision be dedicated to the public or preserved for public use as streets,
roads, sewers, electric, gas, and water facilities, stormwater drainage and holding areas or ponds and
similar utilities and improvements, parks, recreational facilities as defined in section 471.191,
playgrounds, trails, wetlands, or open space. The requirement must be imposed by ordinance or under
the procedures established in section 462.353, subdivision 4a.
(b) If a municipality adopts the ordinance or proceeds under section 462.353, subdivision 4a, as required
by paragraph (a), the municipality must adopt a capital improvement budget and have a parks and open
space plan or have a parks, trails, and open space component in its comprehensive plan subject to the
terms and conditions in this paragraph and paragraphs (c) to (i).
(c) The municipality may choose to accept a cash fee as set by ordinance from the applicant for some or
all of the new lots created in the subdivision, based on the average fair market value of the unplatted
land for which park fees have not already been paid that is, no later than at the time of final approval or
under the city's adopted comprehensive plan, to be served by municipal sanitary sewer and water
service or community septic and private well as authorized by state law. For purposes of redevelopment
on developed land, the municipality may choose to accept a cash fee based on fair market value of the
land no later than the time of final approval. "Fair market value" means the value of the land as
determined by the municipality annually based on tax valuation or other relevant data. If the
municipality's calculation of valuation is objected to by the applicant, then the value shall be as
negotiated between the municipality and the applicant, or based on the market value as determined by
the municipality based on an independent appraisal of land in a same or similar land use category.
(d) In establishing the portion to be dedicated or preserved or the cash fee, the regulations shall give due
consideration to the open space, recreational, or common areas and facilities open to the public that the
applicant proposes to reserve for the subdivision.
104
Item 7.
(e) The municipality must reasonably determine that it will need to acquire that portion of land for the
purposes stated in this subdivision as a result of approval of the subdivision.
(f) Cash payments received must be placed by the municipality in a special fund to be used only for the
purposes for which the money was obtained.
(g) Cash payments received must be used only for the acquisition and development or improvement of
parks, recreational facilities, playgrounds, trails, wetlands, or open space based on the approved park
systems plan. Cash payments must not be used for ongoing operation or maintenance of parks,
recreational facilities, playgrounds, trails, wetlands, or open space.
(h) The municipality must not deny the approval of a subdivision based solely on an inadequate supply of
parks, open spaces, trails, or recreational facilities within the municipality.
(i) Previously subdivided property from which a park dedication has been received, being resubdivided
with the same number of lots, is exempt from park dedication requirements. If, as a result of
resubdividing the property, the number of lots is increased, then the park dedication or per-lot cash fee
must apply only to the net increase of lots.
§Subd. 2c.Nexus.
(a) There must be an essential nexus between the fees or dedication imposed under subdivision 2b and
the municipal purpose sought to be achieved by the fee or dedication. The fee or dedication must bear a
rough proportionality to the need created by the proposed subdivision or development.
(b) If a municipality is given written notice of a dispute over a proposed fee in lieu of dedication before
the municipality's final decision on an application, a municipality must not condition the approval of any
proposed subdivision or development on an agreement to waive the right to challenge the validity of a
fee in lieu of dedication.
(c) An application may proceed as if the fee had been paid, pending a decision on the appeal of a dispute
over a proposed fee in lieu of dedication, if (1) the person aggrieved by the fee puts the municipality on
written notice of a dispute over a proposed fee in lieu of dedication, (2) prior to the municipality's final
decision on the application, the fee in lieu of dedication is deposited in escrow, and (3) the person
aggrieved by the fee appeals under section 462.361, within 60 days of the approval of the application. If
such an appeal is not filed by the deadline, or if the person aggrieved by the fee does not prevail on the
appeal, then the funds paid into escrow must be transferred to the municipality.
105
Item 7.
1.1 A bill for an act
1.2 relating to local government; authorizing cities to impose a public park dedication
1.3 fee on certain new property developments; proposing coding for new law in
1.4 Minnesota Statutes, chapter 430.
1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [430.16] PUBLIC PARK DEDICATION FEE.
1.7 Subdivision 1.Definitions.(a) For purposes of this section, the terms in this subdivision
1.8 have the meanings given.
1.9 (b) "Accessory dwelling unit" means a secondary dwelling unit to a principal
1.10 single-family dwelling within or attached to a single-family dwelling or in a detached
1.11 accessory building on the same zoning lot.
1.12 (c) "Affordable housing" means housing targeted at households with incomes at or below
1.13 60 percent of the area median income, adjusted for household size, as determined by the
1.14 United States Department of Housing and Urban Development.
1.15 (d) "Sacred community" means a residential settlement established on or contiguous to
1.16 the grounds of a religious institution's primary worship location primarily for the purpose
1.17 of providing permanent housing for chronically homeless persons, extremely low-income
1.18 persons, and designated volunteers.
1.19 (e) "Senior housing" means housing intended and operated for occupancy by senior
1.20 households with at least 80 percent of the units occupied by senior households and for which
1.21 there is publication of and adherence to policies and procedures that demonstrate an intent
1.22 by the owner or manager to provide housing for seniors.
1Section 1.
24-05851 as introduced02/15/24 REVISOR KRB/NH
SENATE
STATE OF MINNESOTA
S.F. No. 4051NINETY-THIRD SESSION
(SENATE AUTHORS: BOLDON)
OFFICIAL STATUSD-PGDATE
Introduction and first reading1170202/22/2024
Referred to State and Local Government and Veterans
106
Item 7.
2.1 Subd. 2.Dedication.(a) A statutory or home rule charter city may require that a
2.2 reasonable portion of land be dedicated to the public or may impose a dedication fee in
2.3 conjunction with the construction permit required for new housing units within existing
2.4 subdivisions and any other development that creates a proportional impact on the park
2.5 system in the city, wherever located, for public parks, playgrounds, recreational facilities,
2.6 wetlands, trails, or open space. The dedication of land or dedication fee must be imposed
2.7 by an ordinance enacted by the city council or other chief governing body of the city.
2.8 (b) The ordinance may establish how federal or state housing tax credits available for
2.9 single-family affordable housing developments are distributed.
2.10 (c) The ordinance may exempt developments for senior housing units, accessory dwelling
2.11 units, or sacred community units from the dedication of land or the dedication fee
2.12 requirements under this section.
2.13 (d) Units meeting affordable housing thresholds in developments for affordable housing
2.14 are exempt from the dedication of land or the dedication fee requirements under this section.
2.15 Subd. 3.Dedication fee.(a) An ordinance enacted under subdivision 2 may set a
2.16 dedication fee based on current land prices at the time the permit is issued or set a flat fee
2.17 rate per net new housing unit or other standard basis as an essential nexus between the fees
2.18 or dedication imposed on the proposed development and the municipal purpose sought to
2.19 be achieved by the fee or dedication. The fee or dedication must bear a rough proportionality
2.20 to the need created by the proposed development.
2.21 (b) The ordinance may specify when the dedication fee must be paid, but the ordinance
2.22 must specify that payment is due no later than the date the construction permit is issued.
2Section 1.
24-05851 as introduced02/15/24 REVISOR KRB/NH
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the city deems it necessary in those areas that can be served in the
future.
M. Wetland/Stormwater Pond Buffer: Pursuant to Title 13, Chapter 6 of this
code a one rod (16.5 feet or 5 meters) wide area abutting a wetland and/or
storm water pond that shall be left undisturbed or in its natural condition
during the development, building and landscaping phases. The buffer strip
shall not be included within the preceding one hundred ten foot (110')
buildability requirement. (Ord. 273, 9-2-2003; Amended 9/18/07, Ord.
355))
11-3-7: PARKS, PLAYGROUNDS, OPEN SPACE AND PUBLIC USES:
A. Lands For Public Use Required: Pursuant to Minnesota Statutes Section
462.358, as amended, the City Council of the City of Andover shall require
all owners or developers, as a prerequisite to approval of a plat,
subdivision or development of land, to convey to the City or dedicate to
the public use for park or playground purposes, a reasonable portion of
the area being platted, subdivided or developed as hereinafter specified.
Said portion to be approved and acceptable to the City, or in lieu thereof,
the owners or developers shall, at the option of the City, pay to the City for
the use in the acquisition of public parks, open space and playgrounds,
development of existing public park and playground sites, and debt
retirement in connection with land previously required for public parks and
playgrounds. Any park cash contributions for commercial/industrial zoned
property is to be determined as identified in Subsection C. Any park cash
contributions for residential zoned property are to be determined as
identified in Subsection C of this section. The form of contribution (cash or
land) shall be decided by the City based upon need and conformance with
the approved City Park Comprehensive Plans. (Amended 9/18/07, Ord.
355; Amended 1/2/08; Ord. 361))
B. Dedicated Lands:
1. Requirements: Any land to be dedicated as a requirement of this
section shall be reasonably adaptable for use for active park and
recreation purposes and shall be at a location convenient to the people to
be served. Factors used in evaluating the adequacy of proposed park
and recreation areas shall include size, shape, topography, geology, tree
cover, access and location.
Also land dedication shall be selected based on the parkland need defined
by the Andover Park System Plan. Active parkland areas shall be
exclusive of wetlands, slopes exceeding twelve percent (12%), ponding
areas, or other features unsuitable for active park development. The City
may accept natural open space or passive park containing unique natural
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environmental features as part of the parkland dedication. Selection of
park land for dedication shall be at the discretion of the City Council,
based on the policies and recommendations of the Comprehensive Plan
and the Comprehensive Park System Plan. The Council may vary from
these requirements if a development demonstrates unique attributes
sufficient for parks and open space included in the development.
(Amended 9/18/07, Ord. 355)
2. Maximum Area of Dedicated Land: Developers of land within the City
of Andover shall be required to dedicate 10% of land to the city for park, or
open space and playground purposes. (Amended 9/18/07, Ord. 355)
C. Cash Contribution In Lieu Of Lands:
1. Amount Determined:
a. In lieu of land dedication, the City may require from the
developer or owner a cash contribution which is based on a fee per
lot/unit basis for the development of residentially zoned property. In
the case of the development of commercial/industrial zoned
property, the City may require a cash contribution from the
developer or owner which is based on a rate that is commensurate
with single family residential (using three units per acre times the
current fee per lot unit). These fees1 are established and adopted
by the City Council and are effective for any plat that has not
received preliminary plat approval after the date of publication of
this title. The fees would also apply to plats that have received
preliminary plat approval, but have not received final plat approval
by the City Council. If an extension is requested of the preliminary
plat beyond the twelve (12) months, the fee that is in effect at the
time of the extension is the fee that is to be contributed. Park cash
contributions are to be paid to the city prior to the recording of the
final plat at the county. The City Council may require the payment
at a later time under terms agreed upon in the development
agreement. Delayed payment may include interest at a rate set by
the city. (Amended 9/18/07, Ord. 355; Amended 1/2/08, Ord. 361)
b. If the applicant or developer does not believe that the fees
contained in the city fee schedule (pursuant to this park dedication
analysis) fairly and accurately represent the effect of the
subdivision on the park or trail system of the city, the applicant or
developer may request that the city prepare an in -depth study of
the effect of the subdivision on the park and trail system and an
estimate of that effect in money and/or land. All costs of said study
1 See subsection 1-7-3G of this code.
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shall be borne by the developer or applicant. If the developer or
applicant requests the preparation of such a study, a plat
application may proceed as if the fee had been paid, pending a
decision on the appeal of dispute over the proposed fee in lieu of
dedication if:
1. The applicant puts the City on written notice of the
proposed fee in lieu of dedication.
2. Prior to the City’s final decision on the application, the fee
in lieu of dedication is deposited in escrow, and
3. The applicant appeals under Minnesota State Statute
462.361 within 60 days of approval of the application.
If such appeal is not filed by the deadline, or the applicant does not
prevail on the appeal, then the funds paid into the escrow must be
transferred to the City. (Amended 9/18/07, Ord. 355)
c. If a combination of cash and land dedication is required, the cash
contribution to the city would be determined as follows for
residential zoned property:
Step 1: Total acreage of plat multiplied by ten percent (10%)
(minimum required land dedication) yields the required land to be
dedicated.
Step 2: "Total park dedication fee" will be determined by
establishing the ultimate number of residential lots that can be
achieved (if no park land was dedicated) multiplied by the park
dedication fee per unit as per the fee schedule. (Amended 9/18/07,
Ord. 355)
Step 3: Divide the "total park dedication fee" from Step 2 by the
required land to be dedicated from Step 1. This yields the "fee per
acre". (Amended 9/18/07, Ord. 355)
Step 4: Multiply the "fee per acre" from Step 3 by the acres of park
to be dedicated, which is to include one half (1/2) of the street right-
of-way adjacent to the park. The land must be exclusive of
wetlands, slopes exceeding 12% ponding areas, or other features
unsuitable for park land. This yields the dollar value of credit for
land and for the right-of-way being dedicated. (Amended 9/18/07,
Ord. 355)
Step 5: The “total park dedication fee: from Step 2 minus the dollar
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value of credit for land and right-of-way being dedicated from Step
4 yields the dollar amount and/or balance due in park dedication
fee. (Amended 9/18/07, Ord. 355)
Step 6: Credit will be given towards the park dedication fee that is
required for areas within the park that were required to be improved
by the City and agreed to by the developer or owner. Those
improvements may include grading of the park, which must be
graded a minimum of two feet above the 100 -year flood elevation or
three feet above mottled soil or highest anticipated water level,
whichever is higher. Improvements may also include, but are not
limited to, installation of playground equipment, installation of
individual sanitary sewer and water service (not the main lateral
lines), and any other item that would relate to development of the
park. (Amended 9/18/07, Ord. 355)
D. Density And Open Space Requirements: Land area so conveyed or
dedicated for park, open space and playground purposes may not be used
by an owner or developer as an allowance for development as set out in
the city zoning code. The land shall be in addition to and not in lieu of,
open space requirements for Planned Unit Developments pursuant to Title
13, Chapter 3 of this code. (Amended 9/18/07, Ord. 355)
E. Metes And Bounds Lot Splits: The Park and Recreation Commission
may recommend to the City Council a cash payment in lieu of park land
on metes and bounds lot splits less than twenty (20) acres in size.
Where a cash contribution is required, the owner will be requested to
contribute on a fee per lot or fee per unit as required by City Code 1-7-4
for the lot that is being split. The City will have the right to require park
dedication for any future subdivision of the property. Credit shall be
given for previously paid park dedication. (Amended 9/18/07, Ord. 355)
11-3-8: TRAILS:
Cash Contribution for Trails: The City shall have the authority to require
a trail fee that will be charged at the time of subdivision. The fee shall
be established annually with the City Fee Ordinance and is separate and
distinct from the park dedication fee. The fee’s intent is to fund regional
trails as shown in the Comprehensive Plan. (Amended 9/18/07, Ord.
355)
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ITEM: 8.106 - Chickens
DEPARTMENT: Community Development BY/DATE: Andrew Boucher, City Planner
April 1, 2024
CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below)
X Healthy and Safe Community
_Equitable, Diverse, Inclusive, and Friendly
_Trusted and Engaged Leadership
_Thriving and Vibrant Destination Community
_Strong Infrastructure and Public Services
X Sustainable
BACKGROUND:
The City of Columbia Heights has received numerous calls or inquiries regarding City restrictions on the raising
of chickens going back to 2012. The Zoning Code and Municipal Code do not specifically address this issue and
the City Attorney’s interpretation of the existing code is that chickens are livestock and can be placed in the
same category as cows, horses, sheep, pigs, etc. These animals are allowed only in agriculturally zoned
properties, and since Columbia Heights does not have any agriculturally zoned property, then they (including
chickens) would not be allowed unless the existing ordinances were modified.
The City’s 2040 Comprehensive Plan identifies healthy food access and community resilience as an Emerging
Topic. One of the key land use goals identified in the 2040 Comprehensive Plan includes increasing access to
affordable healthy food options through establishing and maintaining community food assets to bring food
closer to under-resourced consumers. By including food, equity and health-related policy and systems changes
in city codes, communities in Minnesota can establish:
•Affordable, safe, and reliable transportation to food sources.
•Support for local, small-sized food enterprises.
•Zoning that supports healthy food infrastructure.
•Access to and preservation of land for food production.
•Development of community food assets (community gardens, pollinator -habitats, local chickens).
SUMMARY OF CURRENT STATUS:
At the time, staff felt it was necessary to amend the existing ordinances to clarify whether chickens should or
shouldn’t be allowed in residential zones, but there was no follow -up action taken, so the ordinance currently
does not allow for the raising of chickens. A Minnesota court has found that, unless specifically included in the
definition, chickens and roosters do not fall under the regulation of ordinances that reference livestock. If the
city would like to include chickens in this category, it may do so by de fining the term to include chickens,
poultry, fowl, or other similar descriptions.
CITY COUNCIL WORK SESSION MEETING
AGENDA SECTION WORK SESSION ITEM
MEETING DATE APRIL 1, 2024
139
Item 8. a.
City of Columbia Heights - Council Letter Page 2
Urban chicken ordinances were examined by peer-reviewing other cities such as Fridley, New Hope, Shakopee,
St. Anthony’s Village and Minneapolis for key components. Additionally, staff have consulted with the League
of Minnesota Cities and the University of Minnesota Extension program for their guidance on what a model
ordinance should include.
Small-scale keeping of chickens is different than a business that raises hens for eggs and meat as those
businesses are regulated differently than residents who want to keep a few chickens in their backyards. There
are no state laws that address urban chickens or keeping of chickens in cities, so it is up to the city council to
decide if it wants to regulate the keeping of chickens. The city may choose to allow, allow if a permit is
obtained from the city, or prohibit urban chickens. The city can do this in a number of ways, including
regulation under the general animal or farm animal ordinance or by passing an ordinance specific to keeping
chickens. If the city chooses to regulate the keeping of urban chickens, some common requirements include;
•Licensing and education requirements.
•Allowing only hens (no roosters) and limiting the number of hens allowed.
•Maintaining coops or runs in a sanitary and humane condition.
•Keeping chickens contained or under control at all times.
•Locating coops a certain distance from property lines and other structures like houses.
•Inclusion of an inspection and property maintenance code compliance.
The University of Minnesota’s Extension program also identifies additional information that would be
beneficial in the consideration of a proposed ordinance to ensure that chickens are properly cared for in a
healthy, clean environment. An enclosed, quality coop must provide protection from the weather and
predators and should include;
•A well-insulated area with a light bulb or heat lamp for the winter months as well as ventilation for
fresh air.
•Each bird should have a minimum of 3-5 sq. ft. including outdoor space.
•Ensure that the coop is free of small holes, woodpiles, or equipment as they attract predators.
•Chickens need to be fed and water changed daily as well as being let out of the coop each morning and
put into the coop at dusk with eggs picked up twice a day.
•A sanitation plan shall be prepared showing how the food will be secured and the coop and pen will be
cleaned out weekly to maintain sanitation and odor control.
STAFF RECOMMENDATION:
Staff recommends that the City Council direct staff on whether to pursue an urban chicken ordinance and
consider providing feedback on the following items: licensure, permitting, and education requirements;
location and size of coop/run; development conditions, and inspection/compliance requirements.
ATTACHMENT(S):
Animal Regulation in Cities – League of Minnesota Cities
LMC and University of Minnesota Extension Guidance
Fridley Chicken Ordinance
New Hope Chicken Ordinance
Shakopee Chicken Ordinance
St. Anthony’s Village Chicken Ordinance
Minneapolis Chicken Ordinance 140
Item a.
RELEVANT LINKS:
League of Minnesota Cities Information Memo: 12/12/2022
Animal Regulation in Cities Page 32
Minn. Stat. 609.833, subd.4.
“Service Animals,”
Minnesota Council on
Disability.
Second and subsequent violations are a misdemeanor. A sign may be
posted in places of public accommodation advising the pubic of this law.
C.Farm animals
Farm animals generally include animals that live on farms, such as cattle,
sheep, goats, pigs, and horses. A city can define “farm animals” in its
ordinance to include whatever animals it wishes.
Section III-A, Minnesota Pet
and Companion Animal
Welfare Act.
In addition to the Animal Welfare Act requirements, cities take different
approaches in how they regulate farm animals in their communities. Some
cities will only allow farm animals in certain zoning districts, such as land
zoned for agricultural uses. Other cities allow some farm animals
anywhere in the city as long as the requirements in the ordinances are met,
such as having a lot over a specified size. It is important to be clear what
animals the ordinance covers and to provide clear definitions.
1.Farm animals at large
Minn. Stat. § 346.16.
Stewart v. Frisch, 381
N.W.2d 1 (Minn. Ct. App.
1986).
If any person herds cattle, horses, asses, mules, sheep, swine, or goats on
land over the protest of the land owner, the animals are considered to be
running at large. Court opinions have determined that “at large” means
when animals are not restrained or confined. Any person who knowingly
allows animals to run at large is liable for damage caused.
2.Chickens
Like other animals, cities take different approaches for regulating
chickens. Some cities include chickens in the same regulations that apply
to other farm animals or livestock. Other cities have ordinances that allow
chickens in the city under certain circumstances. However the city decides
to regulate chickens, it is important to be clear about the regulations.
State v. Nelson, 499 N.W.2d
512 (Minn. Ct. App. 1993). A Minnesota court has found that, unless specifically included in the
definition, chickens and roosters do not fall under the regulation of
ordinances that reference livestock. If the city would like to include
chickens in this category, it may do so by defining the term to include
chickens, poultry, fowl, or other similar descriptions. The bottom line here
is that if the city wants to regulate chickens, it should make sure that
chickens are covered by the ordinance.
“Backyard Chicken Basics,”
University of Minnesota
Extension, Small Farms.
“Urban chickens,” also called “city chickens,” are becoming a more
common issue in cities across the state and country. The urban chicken
“movement” is often linked to the increased desire for people to be closer
to their food sources. Urban chickens allow people to raise chickens at
their homes to have access to fresh eggs on a regular basis.
141
Item a.
RELEVANT LINKS:
League of Minnesota Cities Information Memo: 12/12/2022
Animal Regulation in Cities Page 33
This small-scale keeping of chickens is different than a business that raises
hens for eggs and meat. Those businesses are regulated differently than
residents who want to keep a few chickens in their backyards.
“Backyard Poultry,” Centers
for Disease Control and
Prevention (Nov. 16, 2022).
Contact the LMC Research
Department for sample
ordinances.
There are no state laws that address urban chickens or keeping of chickens
in cities, so it is up to the city council to decide if it wants to regulate the
keeping of chickens. The city may choose to allow, allow if a permit is
obtained from the city, or prohibit urban chickens. The city can do this in a
number of ways, including regulation under the general animal or farm-
animal ordinance or by passing an ordinance specific to keeping chickens.
If the city chooses to regulate the keeping of urban chickens, some
common requirements include:
•Allowing only hens (no roosters).
•Limiting the number of hens allowed.
•Maintaining coops or runs in a sanitary and humane condition.
•Keeping chickens contained or under control at all times.
•Locating coops a certain distance from property lines and other
structures like houses.
3.Farm animals as pets
It is not uncommon for a resident to want to keep a farm animal, such as a
miniature horse or potbelly pig, as a pet. Some city ordinances would not
allow for these animals as pets because the ordinance includes them as
farm animals and prohibits them in residentially zoned areas. Other cities
may allow for these types of animals by specific ordinance provisions,
sometimes requiring a permit from the city. Given that these animals have
been gaining in popularity, it is a good idea for the city to consider the
issue and have an ordinance in place.
D.Insects and bugs
Insects and bugs are a part of life in Minnesota. While cities cannot
regulate where insects and bugs choose to live, there are some things a city
can do, such as regulating beekeeping or abating mosquitoes.
1.Beekeeping
“Apiary Program
Information,” Minnesota
Department of Agriculture.
Minn. Stat. § 17.445.
“Beekeeping Help,”
University of Minnesota Bee
Lab.
Since 2006, beekeeping is no longer regulated by state law, except for
apiary inspection services related to the transportation of bees to other
states. Cities may choose to regulate beekeeping within city limits. Some
cities prohibit the practice while others allow it after obtaining a permit or
allow it outright.
142
Item a.
Urban Chickens – Other Cities Ordinances
LMC - Chickens
Like other animals, cities take different approaches for regulating chickens. Some cities include chickens
in the same regulations that apply to other farm animals or livestock. Other cities have ordinances that
allow chickens in the city under certain circumstances. However the city decides to regulate chickens, it
is important to be clear about the regulations.
A Minnesota court has found that, unless specifically included in the definition, chickens and roosters do
not fall under the regulation of ordinances that reference livestock. If the city would like to include
chickens in this category, it may do so by defining the term to include chickens, poultry, fowl, or other
similar descriptions. The bottom line here is that if the city wants to regulate chickens, it should make
sure that chickens are covered by the ordinance.
“Urban chickens,” also called “city chickens,” are becoming a more common issue in cities across the
state and country. The urban chicken “movement” is often linked to the increased desire for people to
be closer to their food sources. Urban chickens allow people to raise chickens at their homes to have
access to fresh eggs on a regular basis. This small-scale keeping of chickens is different than a business
that raises hens for eggs and meat. Those businesses are regulated differently than residents who want
to keep a few chickens in their backyards. There are no state laws that address urban chickens or keeping
of chickens in cities, so it is up to the city council to decide if it wants to regulate the keeping of chickens.
The city may choose to allow, allow if a permit is obtained from the city, or prohibit urban chickens. The
city can do this in a number of ways, including regulation under the general animal or farm animal
ordinance or by passing an ordinance specific to keeping chickens. If the city chooses to regulate the
keeping of urban chickens, some common requirements include;
•Allowing only hens (no roosters).
•Limiting the number of hens allowed.
•Maintaining coops or runs in a sanitary and humane condition.
•Keeping chickens contained or under control at all times.
•Locating coops a certain distance from property lines and other structures like houses.
UMN – Extension: Chickens
Housing
An enclosed, quality coop is essential to backyard chicken production. Coops must provide protection
from the weather and predators. There should be a well-insulated area with a light bulb or heat lamp for
the winter months as well as ventilation for fresh air. Be sure to have a minimum of 3 to 5 square feet
per bird, including outdoor space. Ensure that the coop is free of small holes for predators to sneak in.
The space should be free of unnecessary objects like woodpiles or equipment, as they attract predators.
Chickens need to be fed and water changed daily. They need to be let out of the coop each morning and
put into the coop at dusk each night to protect them from predators. Eggs should be picked up twice a
day. The coop and pen should be cleaned out weekly to maintain sanitation and odor control.
Sanitation
143
Item a.
Urban Chickens – Other Cities Ordinances
To maintain a clean, healthy environment, the coop and outdoor area should be cleaned out weekly or
as needed to control manure and odor build up. Feeders and waterers should be regularly cleaned and
disinfected. Dust baths should be available, as they help control mites. It is important that at least once a
year, usually in the spring, a thorough cleaning is done on the coop and yard. Also cleaning before
introducing new birds to the area will limit the spread of disease.
A fall cleaning is also helpful with mite control over winter. Rake and clean out the yard. All feeders
should be removed and bedding completely cleared out. It is important to remove dust and cobwebs
from corners of the coop. The inside of the coop needs to be disinfected — including troughs, perches
and nests. To disinfect, use one-tablespoon chlorine bleach to one gallon boiling water.
Manure management
Chicken manure is made up of feed residue, intestinal bacteria, digestive juices, mineral by-products
from metabolic processes, and water. In fact, 85 percent of chicken droppings, by weight, is water. This
leads to issues with humidity and odor. So what are the options for managing manure?
•One option is to complete thorough cleanings of the coop more than once a year. This will
control the odor and fly populations.
•Another option is to pasture the chickens. Moveable shelters are a valuable tool for pasturing
chickens and reducing cleaning time. Simply move the location of the house when manure
begins to build up. It offers new space for chickens to graze and peck, and it provides free
fertilizer for the lawn!
•A third option is composting. Composting can be done right in the chickens' bedding. To start this
process, lay down about 4 inches of bedding. Regularly stir up the bedding to prevent clumping,
and add fresh bedding until it is 10 inches deep by winter. Continue this process until the
bedding gets 12 to 15 inches deep. At this depth, composting actively begins and after 6 months
can kill harmful bacteria. This composting releases heat, which keeps chickens warm in cooler
months and attracts natural fly predators. To maintain the compost, it must be stirred regularly
to prevent crusting. The same process can be done outside of the coop in a separate bin.
Regulations
There are several regulations that you may encounter with chicken ownership. Raising chickens in the
backyard may require a permit from your city, and each has different requirements and restrictions. It is
not legal in some cities to keep poultry. Some cities may also limit the number of animals you can keep.
If you begin selling eggs or meat, you will encounter additional regulations. The Minnesota Department
of Agriculture Dairy and Food Inspection Division manages and enforces these.
144
Item a.
Draft Ordinance
8.106 – Chickens
Columbia Heights – Chicken ordinance
1)Purpose. “Urban chickens” or “city chickens,” are becoming more common in cities across the state
and country due to the desire for people to be closer to their food sources. Urban chickens allow
people to raise chickens at their homes to have access to fresh eggs on a regular basis. This small-
scale keeping of chickens is different than a business that raises hens for eggs and meat. Residents
who want to keep chickens in their backyards shall do so in a manner and under such conditions as
described by this section.
2)License (if desired to be an annual renewal)/Permit (one-time and runs with the property) Required
a.No person may keep, harbor, maintain or allow the keeping of poultry on any property in the
City without an approved license. If the applicant is a tenant, they must also provide proof of
approval by the property owner permitting the keeping of poultry on the property.
b.Education and training on how to raise poultry is required for the individual prior to the
issuance of the initial license by the City. At the time of application for licensing, the
individual must submit proof of completion of an approved educational course on the care
and keeping of poultry.
c.The application for licensing must be upon a form provided by the City. The applicant must
pay for a license fee as set forth in the Fees chapter of the Code. All required information
must be complete, including the number and breed of poultry, a diagram or photograph of
the proposed coop and run, description of sanitation control and a description on how
poultry feed will be maintained or stored.
d.A site plan of the property showing the location, size, and setback requirements of the
proposed poultry coop and run is required.
e.The property must be in compliance with all other applicable City regulations in order to
receive approval and renewal.
f.If the licensee fails to maintain the conditions set forth below subsequent to issuance of the
license, the City Manager or their designee license may revoke the license.
g.The license term, license fee, license renewal fee, and impound fee are established in the
Fees chapter of the Code.
h.An applicant or licensee may appeal the denial, revocation, or non-renewal of a license
issued under this Section pursuant to the procedures set forth in Section 300.22 of this
Chapter.
3)Location and Size of Coop and Run
a.Residents on properties zoned R-1, Single Family Residential; R-2A and R-2B, Two-Family
Residential, and R-3, Limited Multiple-Family Residential and R-4, Multiple-Family Residential
districts may be permitted to keep and raise poultry as a hobby with a license and be limited
to a maximum combination of six poultry per property. This does not apply to multifamily
buildings containing three or more units.
b.Coop and run area must be located in the backyard and must be located a minimum of 10
feet from all adjacent property lines and shall be situated closer to the chicken owner’s
dwelling than to any of the neighboring dwellings.
c.Coop and covered run area is limited to no more than 120 square feet and shall not exceed 6
feet in height.
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Item a.
Draft Ordinance
d.Coop size must not be less than three square feet per bird, be weatherproof and fully
enclosed.
e.The coop must comply with current zoning and building codes. The coop must be
constructed with architecturally appropriate building materials including exterior grade
siding and either a metal, composite or shingled roof. In the alternative, coop may be
purchased from a commercial source that constructs structures specifically to be used as
coops for poultry.
f.The run must have a fence around the enclosure and must be securely constructed with
mesh type material to prevent the poultry from roaming freely and to protect them from
other animals.
g.If the keeping of poultry has been discontinued for more than 12 consecutive months, the
licensee must remove the coop and run and restore the site within five business days.
4)Conditions
a.No roosters will be permitted.
b.No poultry are to be allowed or kept inside of any residential garage or dwelling unit.
c.Poultry must be secured inside of a shelter from sunset to sunrise each day to prevent
nuisance noise and attraction of predators.
d.Poultry must be confined to the coop and run area and may not roam free on the property.
e.Housing facilities and grounds must be maintained in a clean and sanitary condition and kept
in good repair. Flies, rodents, and noxious odors must be controlled. Facilities must be kept
free of fecal matter and collected fecal matter must be properly stored and disposed of
weekly.
f.If poultry are to be maintained during the winter months, the coop must be winterized to
protect the birds in cold weather.
g.Poultry must be fed within the confines of the coop or run area. Feed must be stored in leak-
proof containers with a tight-fitting cover to prevent attracting vermin.
h.The raising of poultry for breeding purposes is prohibited on residentially used or zoned
properties.
i.There will be no slaughtering or butchering of any poultry on residential properties within
the City.
5)Inspection
a.As a part of the initial license application or annual renewal each resident must allow an
inspection of the coop and run area by the City. The City Manager or their designee has the
right to inspect any coop and run for the purpose of ensuring compliance with this Section
upon providing prior notice to the owner of the property. In the case of a complaint
regarding the coop and run, the site may be inspected by the City without prior notice. In
the event the licensee moves to a new residential lot within the City , the licensee is
required to complete a new license application for the new location.
6)Sale of eggs. Owners must comply with all requirements and performance standards for home
enterprises in the city code and all Minnesota Department of Agriculture requirements for the sale
of eggs.
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Item a.
300.05 Poultry
1.Purpose. The keeping of chickens or ducks on a small scale for the purpose of raising such animals
to have access to fresh eggs, meat, or feathers is of growing interest in the community. This section
addresses the City’s desire to protect the health and safety of such animals and residents.
2. License Required
(a)No person may keep, harbor, maintain or allow the keeping of poultry on any property in the
City without an approved license. If the applicant is a tenant, they must also provide proof of
approval by the property owner permitting the keeping of poultry on the property.
(b)Education and training on how to raise poultry is required for the individual prior to the issuance
of the initial license by the City. At the time of application for licensing, the individual must submit
proof of completion of an approved educational course on the care and keeping of poultry.
(c)The application for licensing must be upon a form provided by the City. The applicant must pay
for a license fee as set forth in the Fees chapter of the Code. All required information must be
complete, including the number and breed of poultry, a diagram or photograph of the proposed
coop and run, description of sanitation control and a description on how poultry feed will be
maintained or stored.
(d)A site plan of the property showing the location, size, and setback requirements of the proposed
poultry coop and run is required.
(e)The property must be in compliance with all other applicable City regulations in order to receive
approval and renewal.
(f)If the licensee fails to maintain the conditions set forth below subsequent to issuance of the
license, the City Manager or their designee license may revoke the license.
(g)The license term, license fee, license renewal fee, and impound fee are established in the Fees
chapter of the Code.
(h)An applicant or licensee may appeal the denial, revocation, or non-renewal of a license issued
under this Section pursuant to the procedures set forth in Section 300.22 of this Chapter.
3. Location and Size of Coop and Run
(a)Residents on properties zoned R-1, Single Family Residential may be permitted to keep and
raise poultry as a hobby with a license and be limited to a maximum combination of six poultry per
property.
(b)Coop and run area must be located in the backyard and must be located a minimum of 10 feet
from all adjacent property lines and 30 feet from any neighboring structure.
(c) Coop and covered run area is limited to no more than 120 square feet.
(d) Coop size must not be less than three square feet per bird, be weatherproof and fully enclosed.
(e)The coop must comply with current zoning and building codes. The coop must be constructed
with architecturally appropriate building materials including exterior grade siding and either a metal,
147
Item a.
(f)The run must have a fence around the enclosure and must be securely constructed with mesh
type material.
(g)The run must have protective overhead netting or fencing to prevent the poultry from roaming
freely and to protect them from other animals.
(h)If the keeping of poultry has been discontinued for more than 12 consecutive months, the
licensee must remove the coop and run and restore the site within five business days.
4. Conditions
(a) No more than six poultry may be kept on site at any one time.
(b) No roosters will be permitted.
(c) No poultry are to be allowed or kept inside of any residential garage or dwelling unit.
(d)Poultry must be secured inside of a shelter from sunset to sunrise each day to prevent nuisance
noise and attraction of predators.
(e) Poultry must be confined to the coop and run area and may not roam free on the property.
(f)Housing facilities and grounds must be maintained in a clean and sanitary condition and kept in
good repair. Flies, rodents, and noxious odors must be controlled. Facilities must be kept free of
fecal matter and collected fecal matter must be properly stored and disposed of weekly.
(g)If poultry are to be maintained during the winter months, the coop must be winterized to protect
the birds in cold weather.
(h)Poultry must be fed within the confines of the coop or run area. Feed must be stored in leak-
proof containers with a tight-fitting cover to prevent attracting vermin.
(i)The raising of poultry for breeding purposes is prohibited on residentially used or zoned
properties.
(j)There will be no slaughtering or butchering of any poultry on residential properties within the
City.
5. Inspection
As a part of the initial license application or annual renewal each resident must allow an inspection of
the coop and run area by the City. The City Manager or their designee has the right to inspect any
coop and run for the purpose of ensuring compliance with this Section upon providing prior notice to the
owner of the property. In the case of a complaint regarding the coop and run, the site may be
inspected by the City without prior notice. In the event the licensee moves to a new residential lot
within the City , the licensee is required to complete a new license application for the new location.
HISTORY
Adopted by Ord. 1349 on 11/27/2017
Amended by Ord. 1388 on 4/26/2021
Amended by Ord. 1406 on 4/10/2023
148
composite or shingled roof. In the alternative, coop may be purchased from a commercial sourceItem a
that constructs structures specifically to be used as coops for poultry.
149
Item a.
(1)
(2)
(3)
(4)
a.
1.
2.
3.
4.
5.
6.
7.
8.
9.
It shall be a public nuisance and unlawful to allow, permit, keep, maintain, sell or harbor animals
within the city, in violation of the following regulations:
Dogs. No more than three dogs over six months old, up to a limit of ten dogs if the
additional dogs are puppies under six months old, unless a kennel license is obtained.
Cats. No more than three cats over six months old, up to a limit of ten cats if the
additional cats are kittens under six months old, unless a kennel license is obtained.
Other household pets. No more than three other domesticated household pets of any
kind or combination thereof kept for companionship and pleasure, including, but not
limited to, small caged animals in the rodent family, members of the lagomorph family,
domesticated ferrets, caged birds in the parrot or finch families, non-venomous reptiles
less than six feet in length and non-poisonous amphibians. This limitation shall not apply
to non-game fish sold at retail in pet shops for the purpose of being kept in an aquarium.
Chickens. No more than four chickens. No roosters of any kind are permitted within the
city by this section.
Shelter requirements. Chickens shall be properly protected from the weather and
predators in a shelter or coop, and have access to the outdoors in an enclosed or
fenced area. The shelter and/or enclosure shall meet all of the following requirements:
Applicable building, property maintenance and zoning requirements of the city
code;
All electrical work shall be done according to applicable codes and with
appropriate permits;
The shelter shall be situated closer to the chicken owner's dwelling than to any of
the neighboring dwellings, and in no case closer than ten feet to the lot line;
Shelter and enclosure must be located in the rear yard;
Screening from abutting residential properties in the form of a solid privacy fence
of at least four feet in height constructed according to the fence standards of the
city code shall be provided for the shelter and enclosure;
A shelter shall not exceed 120 square feet in size and shall not exceed six feet in
height;
An enclosure or fenced area for chickens shall not exceed 20 square feet per bird
and shall not exceed six feet in height and shall have protected overhead netting
to prevent attracting predators;
An enclosure or fenced area may be constructed with wood and/or woven wire
materials that allow chickens to contact the ground; and
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Code of Ordinances
150
Item a.
b.
1.
2.
3.
4.
5.
6.
c.
(5)
(6)
(7)
(1)
a.
b.
The structure must be properly constructed and of quality materials to deter rodents and predators.
Prevention of nuisance conditions. Owners shall care for chickens in a humane
manner and shall prevent nuisance conditions by ensuring the following conditions
are met:
The shelter and enclosure are maintained in good repair, and in a clean and
sanitary manner free of vermin and objectionable odors;
Feces and discarded feed is regularly collected and stored in a leak-proof
container with a tight-fitting cover to prevent nuisance odors and the attraction of
vermin until it can be disposed of properly;
Chicken feed shall be stored in a leak-proof container with a tight-fitting cover to
prevent attracting vermin;
Chickens shall be secured inside of a shelter from sunset to sunrise each day to
prevent nuisance noise and attracting predators;
Chickens shall remain in either the shelter or enclosure at all times and shall not
run at large; and
The shelter shall be winterized to protect the chickens in cold weather.
Sale of eggs. Owners must comply with all requirements and performance standards
for home enterprises in the city code and all Minnesota Department of Agriculture
requirements for the sale of eggs.
Wild animals. No live wild animals of any kind.
Hoofed animals. No horses, cows, sheep, goats, pigs or any kind of other hoofed animals
with the exception of one pot-bellied pig.
[Nuisance animals.] No combination of animals and/or chickens of any age referred to in
subsections (1) through (6) above kept in such numbers or under such conditions which
unreasonably annoy, injure, or endanger the health, safety, comfort, repose or welfare of
the public or of said animals or chickens.
(Ord. No. 15-23, § 2, 10-26-2015; Ord. No. 21-04, § 1, 9-13-2021)
Sec. 7-7. - Exempt animals.
The provisions of this Code shall not apply to the following circumstances:
Owners or possessors of wild animals where such animals are exhibited in the city for the
education and entertainment of the public by a person authorized by either federal law or
Minn. Stat. § 97A.041 provided the following conditions are met:
The animals are not permanently sheltered, kept or maintained in the city.
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Code of Ordinances
151
Item a.
Urban Chickens – Other Cities Ordinances
Minneapolis – Chicken Ordinance
63.90. - Fowl.
1.No person shall keep, harbor, or maintain care, custody, or control over any fowl such as a chicken,
turkey, duck, or pigeon, without obtaining a permit. Any person desiring a permit shall make written
application to MACC. Approval of application is subject to reasonable conditions prescribed by
MACC. Failure to adhere to permit conditions shall constitute cause for adverse action against the
permit and shall be a violation of this section.
2.MACC may grant a permit pursuant to this section only after the applicant has met any educational
requirements as established and published by MACC and has provided evidence of notification to all
immediately adjacent property owners, in a format supplied by or approved by and to the
satisfaction of MACC. If the applicant is a renter, approval from the property owner shall be required.
Neighbor notification will be the responsibility of the property owner, though it may be carried out
by the applicant.
3.Fowl must be purchased or acquired in accordance with Minn. Statute Sections 70.40 and 74.100
and any other applicable law.
4.The requirements of this section shall not prohibit the adoption of fowl to the public by any releasing
agency, private shelter, rescue group, or public sheltering agency provided the adoption contract
specifies that the animal cannot be sold, transferred, or otherwise disposed of for a period of six (6)
months following the adoption without written consent of the releasing agency, except for
euthanization by a licensed veterinarian to prevent pain and suffering or disease transmission.
5.No person having the care, custody, and control of any fowl shall abandon said fowl or allow any fowl
to run at large off the property of its owner or custodian.
6.All permits shall expire twelve (12) months from the date of issuance unless sooner revoked. The
application fees for such permits shall be as established in the license fee schedule and shall be
payable upon application. MACC may inspect the premises annually or as deemed necessary.
7.Permits shall be classified into three (3) tiers, with Tier I consisting of one (1) to six (6) hens, Tier II of
seven (7) to fifteen (15) hens, and Tier III of sixteen (16) to thirty (30) hens, with associated fees as
established in the license fee schedule.
8.Standards of care, practice, restrictions, and enclosure requirements include the following:
a.Residential coops, pens or other structures shall be limited to six (6) fowl of any kind per
permit. Permits in excess of the allowable number shall need to be approved by MACC and
may require additional conditions.
b.Location of coop, run, or pen must be in compliance with all zoning code requirements and
enclosed to ensure fowl are confined to permittee's property. The enclosure must be of
proper size for the number and type of fowl being housed as prescribed by MACC.
c.Residential coops, pens, or other structures shall be an allowed accessory to a dwelling
subject to the following:
i.The use shall be located not less than twenty (20) feet from any habitable building
on an adjacent property.
ii.The use shall be visually screened from any adjacent residential use.
iii.The use shall be constructed of durable materials and shall be compatible with the
principal structure and adjacent residential properties.
iv.The use shall be located entirely to the rear of the principal residential structure.
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Item a
Urban Chickens – Other Cities Ordinances
v.Fecal waste or litter shall be removed at such reasonable times to prevent odors
from emitting over property lines. Such waste or litter must be double bagged and
disposed of in city garbage or composted provided the method used and the
location does not present a public nuisance or health issue.
vi.Slaughter of any kind shall be prohibited within the City of Minneapolis.
vii.Roosters shall be prohibited without special permit.
viii.A permit to keep more than six (6) fowl or to keep roosters shall require the written
consent of at least eighty (80) percent of the occupants of the several descriptions of
real estate situated within one hundred (100) feet of the applicant's real estate. Such
written consent shall be required on the initial application and as often thereafter as
MACC deems necessary.
ix.Any coop found to be a public nuisance provided notice to abate the issues has
failed to correct the issue within a reasonable time is prohibited and all permits
associated with the coop may be revoked or denied. The coop and all fowl shall be
removed by the property owner within forty-eight (48) hours of notice of the
revoked or denied permit at the expense of the permit holder or applicant.
x.MACC may deny, suspend, revoke or take other authorized adverse action against
any permit applied for or granted pursuant to this section if any condition or
requirement is violated or if the keeping of fowl becomes a public nuisance or for
other good cause.
xi.Public nuisance for the purpose of coops includes, without limitation, any chicken
coop that on three (3) or more occurrences in a twelve (12) month period receives
complaints of noise, odor, or any other violation from more than one complainant,
provided the complaints are founded and established by MACC.
xii.No person, business, or entity shall maintain or cause to be maintained any
commercial business related to the keeping of fowl on residential property unless
otherwise permitted by the City of Minneapolis. If so permitted, commercial coops
must:
1.Maintain any applicable business license, health department permit, zoning
permit, and permit issued by the MACC.
2.Be limited to thirty (30) fowl of any kind with at least four (4) square feet
provided for each fowl housed inside the physical coop and ten (10) square
feet for each fowl while housed in outside run.
3.Be maintained in such a manner as to prevent a public nuisance.
4.Comply with all zoning and health regulations as well as any other applicable
law.
5.Be properly identified as required by MACC.
6.Provide adequate care, as defined in this title.
7.Provide adequate safeguards to protect the fowl from animals and to
prevent unauthorized access to the fowl by general members of the public.
8.Be kept in good repair, maintained in a clean and in a sanitary condition, and
free of any vermin, obnoxious smells, and substances. ( Ord. No. 2016-009 ,
§ 1, 2-12-16)
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Item a.
b. Whenever the city can determine the person owning, possessing or harboring the
animal that has bitten the human being, the city may permit the owner to impound
such animal for a period of 10 days separate and apart from other animals under
the supervision of a licensed veterinarian until it is determined whether the animal
had or has rabies. If the animal is rabid, it shall be destroyed. In all cases, the city
shall make the determination of how the animal shall be impounded, and shall
base its decision upon the owner’s ability to properly impound the animal, and the
current rabies vaccination status of the animal.
2.Animal bites animal. Any animal known to have been bitten or exposed to rabies shall be
impounded or destroyed; provided, however, that such animal may be immediately
destroyed, if with reasonable effort it cannot first be taken up and impounded. If such an
animal is impounded, it shall not be destroyed if the owner makes provision for suitable
quarantine for a period of not less than 6 months, or proof of immunization is furnished
and booster injections are given by a licensed veterinarian at the expense of the owner.
H.Hen chickens.
1. No more than 5 hen chickens are allowed on any parcel of land in the city.
2. Every person who owns, controls, keeps, maintains, or harbors hen chickens must keep
them confined on the premises at all times in a chicken coop or chicken run. Hen
chickens are not allowed in any part of a house or garage.
3. Any chicken coop or chicken run must comply with all applicable building and zoning
codes and regulations.
4. No chicken coop or run shall be constructed on any parcel of land before construction of
the principal building.
5. A chicken coop or run cannot be located in the front or side yard.
6. A chicken coop or run must be setback at least 50 feet from any residential structure on
any adjacent lot and at least 10 feet from the property line.
7. A chicken coop or run must be screened from view with a solid fence or landscaped
buffer with a minimum height of 4 feet.
8. A chicken coop can be no larger than 10 square feet per chicken and cannot exceed 6
feet in height. A chicken run cannot exceed 20 square feet per chicken and the fencing
cannot exceed 6 feet in height. A chicken run may be enclosed with wood or woven wire
materials, and may allow chickens to contact the ground. A chicken run must have a
protective overhead netting to keep the chickens separated from other animals.
9. A chicken coop must be elevated a minimum of 12 inches and a maximum of 24 inches
above grade to ensure circulation beneath the coop.
10. Chicken grains and feed must be stored in rodent-proof containers.
11. No chicken may be kept or raised in a manner as to cause injury or annoyance to
persons on other property in the vicinity by reason of noise, odor, or filth.
12. Any chicken running at large may be impounded by the city and, after being impounded
for 3 days or more without being reclaimed by the owner, may be destroyed or sold. A
person reclaiming any impounded chicken must pay the cost of impounding and keeping
the same.154
returned to the owner provided the owner shall first pay for the cost of keepingtem a.
said animal. If the owner does not claim or retrieve the animal, the animal may be
disposed of as provided in this code of ordinances.
Animals 23
§91.46 REPORT OF DOG BITE.
Any person knowing of a human being bitten by a dog shall immediately notify the Police
Department and the dog shall then be confined and kept under observation for a period of 10 days before
being disposed of, if necessary.
(Ord. 08-007, passed 12-8-2008)
ANIMALS PROHIBITED AS NUISANCES
§91.55 HABITUAL BARKING.
(A)It shall be unlawful for any person to keep or harbor a dog which habitually barks or cries.
Habitual barking shall be defined as barking for repeated intervals of at least 5 minutes with less than 1
minute of interruption. The barking must also be audible off of the owner’s or caretaker’s premises.
(B)The animal control officer or police officer shall not enter the property of the owner of an animal
described in this section unless the officer has first obtained the permission of the owner to do so or has
obtained a warrant issued by a court of competent jurisdiction, as provided for in § 10.20, to search for
and seize the animal.
Penalty, see § 10.99
§91.56 KEEPING OF CERTAIN ANIMALS.
No person may keep farm animals or wild animals as defined in this Code, nor more than 2 dogs or 3
dogs allowed under § 91.01 through 91.05 or fowl, within the city nearer than 500 feet to any human
habitation or platted land, without approval of the City Council. The City Council may, before
approving or denying any request for approval, request a report from the Health Officer concerning the
effect on public health.
(1993 Code, § 1210.02) Penalty, see § 10.99 (Am. Ord. 2022-07, adopted 10-11-22)
§91.57 FEEDING OF WILD ANIMALS.
1) No person shall intentionally feed wild animals within the City. Intentional feeding means the
provision of any grain, fruit, vegetables, nuts, salt licks, or any other food that attracts wild animals.
a) Living food sources such as trees and other live vegetation shall not be considered
food for wild animals.
2) Feeding Songbirds. The feeding of songbirds is permitted under the following conditions:
a) Feeding is done from a bird feeder that is designed to prevent other wild animals from
feeding and is placed at least 5 feet above the ground.
b) The bird feeder does not become an attractive nuisance to other wild animals.
c) Songbird feeding occurs on private property owned or controlled by the person
responsible for the feeder.
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Item a.