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HomeMy WebLinkAbout02-24-2025 City Council MtgPacket CITY COUNCIL MEETING Mayor Amáda Márquez Simula Councilmembers Connie Buesgens Rachel James Justice Spriggs Laurel Deneen City Manager Aaron Chirpich City Hall—Council Chambers, 3989 Central Ave NE Monday, February 24, 2025 6:00 PM AGENDA ATTENDANCE INFORMATION FOR THE PUBLIC Members of the public who wish to attend may do so in-person, or by using Microsoft TeamsMeeting at columbiaheightsmn.gov/joinameeting: ID 221 852 033 166, Passcode HD9W8xR6. Additionally, members of the public may view the meeting live at columbiaheightsmn.gov/watch. For questions, please call the Administration Department at 763-706-3610. 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. WELCOME/CALL TO ORDER/ROLL CALL MISSION STATEMENT Columbia Heights is a vibrant, healthy and connected City. We are her e to actively support the community, deliver equitable services, build and strengthen connections, improve upon our past, and uphold our successes. We strive to be better and ensure Columbia Heights is a great place for everyone, today and in the future. PLEDGE OF ALLEGIANCE "I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all." APPROVAL OF AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items submitted after the agenda preparation deadline.) PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. School Breakfast Week Proclamation. Receiving Proclamation: Michelle Pettway and Jessica Medearis, Columbia Heights School Board Members. B. Women's History Month / International Women's Day Proclamation. Receiving Proclamation: Grace Gee, Co-Chair of League of Women Voters - New Brighton Area C. National Developmental Disability Awareness Month Proclamation. Receiving Proclamation: Tim Dickie, CEO of Rise 1 City of Columbia Heights AGENDA February 24, 2025 City Council Meeting Page 2 COMMUNITY FORUM The Community Forum is the public’s opportunity to address the Council regarding any matter that is not scheduled for a public hearing later in the meeting. Speakers that are in-person are asked to complete a Speaker Form and submit it to the City Clerk. Once called to the podium, the speaker should state their name and connection to Columbia Heights. Speakers attending virtually should send a request to speak as well as their address and connection to Columbia Heights to the moderator using the chat function and wait to be called on to speak. When speaking, virtual attendees should turn their camera on. All speakers should limit their comments to five (5) minutes. Personal attacks, threats, the use of profanity, and other disrespectful comments are prohibited. The City Council will listen to the public comments, ask clarifying questions, and if needed, request staff to follow up or direct the matter to be added to an upcoming agenda. Generally, the City Council will not take official action on items raised at the Community Forum at the meeting on which they are raised. CONSENT AGENDA These items are considered to be routine by the City Council and will be enacte d as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business. (The City Council will make motion to approve the Consent Agenda following the statement of all items.) 1. Approve February 10, 2025 City Council Meeting Minutes. MOTION: Move to approve the February 10, 2025 City Council meeting minutes. 2. Second Reading of Ordinance No. 1711, an Ordinance to Amend Chapter 9 - Land Use: 9.101 Purpose, 9.103 Definitions, 9.106 General Development Standards, 9.107 Specific Development Standards, 9.109 Residential Districts, 9.110 Commercial Districts, 9.111 Industrial Districts, 9.113 Planned Unit Development Districts, 9.114 Overlay Districts, and 9.115 Public and Open Space Districts. MOTION: Move to waive the reading of Ordinance No. 1711, there being ample copies available to the public. MOTION: Move to approve Ordinance 1711, being an ordinance to amend Chapter 9 - Land Use: 9.101 Purpose, 9.103 Definitions, 9.106 General Development Standards, 9.107 Specific Development Standards, 9.109 Residential Districts, 9.110 Commercial Districts, 9.111 Industrial Districts, 9.113 Planned Unit Development Districts, 9.114 Overlay Districts, and 9.115 Public and Open Space Districts, and direct staff to send the summary ordinance for publication in the legal newspaper. 2 City of Columbia Heights AGENDA February 24, 2025 City Council Meeting Page 3 3. Adopt Resolution 2025-25 to Amend the 411 Budget for City Hall Betterments. MOTION: Move to waive the reading of Resolution 2025-25, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2025-25 amending the Fund 411 budget to authorize the betterments from the listed vendors. 4. Adopt Resolution 2025-26 Authorizing Staff to Apply for Minnesota Department of Natural Resources Outdoor Recreation Grant Program. MOTION: Move to waive the reading of Resolution 2025-26, there being ample copies available to the public. MOTION: Move to adopt Resolution 2025-26, being a resolution authorizing staff to apply for grant funding to repair, resurface, and improve the Sullivan Lake walking trail under the DNR Outdoor Recreation Grant Program. 5. Adopt Resolution 2025-27 Approving Plans and Specifications And Ordering Advertisement For Bids For 2025 Concrete Alley Construction, P roject 2506. MOTION: Move to waive the reading of Resolution 2025-27, there being ample copies available to the public. MOTION: Move to adopt Resolution 2025-27 approving Plans and Specifications and ordering Advertisement for Bids for 2025 Concrete Alley Construction, City Project 2506. 6. Adopt Resolution 2025-28 Declaring the Intent to Bond for 2025 Alley Construction, City Project 2506. MOTION: Move to waive the reading of Resolution 2025-28, there being ample copies available to the public. MOTION: Move to adopt Resolution 2025-28 being a resolution approving the declaration for the official intent of the City of Columbia Heights to bond for 2025 Alley Construction, City Project 2506. 7. Adopt Resolution 2025-30, Approving the Assignment of TIF Note and Redevelopment Agreement for Ratio Apartments Refinance. MOTION: Move to waive the reading of Resolution 2025-30, there being ample copies available to the public. MOTION: Move to approve Resolution 2025-30, a resolution approving an assignment of TIF note and redevelopment agreement. 8. Renew Microsoft O365 Contract and Award to New Vendor. MOTION: Move to approve the renewal of Microsoft Office 365 software for an additional 3-year term at an annual cost of $43,966.82 through Dell Marketing. 9. Renew Connect Anoka County Internet Services Agr eement. MOTION: Move to approve the renewal of Connect Anoka County services for an additional 5-year term at an annual cost of $2,700.00. 3 City of Columbia Heights AGENDA February 24, 2025 City Council Meeting Page 4 10. License Agenda. MOTION: Move to approve the items as listed on the business license agenda for February 24th, 2025, as presented. 11. Rental Occupancy Licenses for Approval. MOTION: Move to approve the items listed for rental housing license applications for February 24, 2025, in that they have met the requirements of the Property Maintenance Code. 12. Review of Bills. MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has reviewed the enclosed list to claims paid by check and by electronic funds transfer in the amount of $2,169,207.78. PUBLIC HEARINGS This is the public’s opportunity to speak regarding this matter. Speakers that are in -person are asked to complete a Speaker Form and submit it to the City Clerk. Speakers attending virtually should send a request to speak with this information to the moderator using the chat function and wait to be called on to speak. When speaking, virtual attendees should turn their camera on. Speakers should limit their comments to five (5) minutes. Any comments made after the public hearing is closed will not be considered by the City Council and will not be included as part of the formal record for this matter as the item will have been voted on and the item formally closed by the Council. No Public Hearings. ITEMS FOR CONSIDERATION Ordinances and Resolutions 13. Consideration of Resolution 2025-29 Approving Closing of City Hall Condominium Transfer Agreement and Related Insurance Agreement MOTION: Move to waive the reading of Resolution 2025-29, there being ample copies available to the public. MOTION: Move to approve Resolution 2025-29, a resolution approving closing of transfer agreement which recites terms for conveyance to City of City Hall component and providing authority to sign necessary and customary closing documentation. Bid Considerations No Bid Considerations. New Business and Reports No New Business or Reports. CITY COUNCIL AND ADMINISTRATIVE REPORTS 4 City of Columbia Heights AGENDA February 24, 2025 City Council Meeting Page 5 Report of the City Council Report of the City Manager ADJOURNMENT Auxiliary aids or other accommodations for individuals with disabilities are available upon request when the request is made at least 72 hours in advance. Please contact Administration at 763-706-3610 to make arrangements. 5 PROCLAMATION National School Breakfast Week: March 3-7, 2025 The School Breakfast Program has served our nation admirably since it was permanently established in 1975. The School Breakfast Program is dedicated to the health and well-being of our nation’s children. The School Breakfast Program joins and has been joined through the years by many other excellent child nutrition programs; and recent research shows students are receiving their healthiest meals at school. There is evidence of the continuation of the need for nutrition education and awareness of the value of school nutrition programs NOW, THEREFORE, be it resolved that I, Amáda Márquez Simula, Mayor of Columbia Heights, do hereby proclaim the week of March 3-7, 2025, as NATIONAL SCHOOL BREAKFAST WEEK and I encourage all residents to become aware of the benefits of the School Breakfast Program and support good nutrition habits for their children, in the hope of achieving a more healthful citizenry for today and the future. ________________________________ Amáda Márquez Simula, Mayor February 24, 2025 6 Item A. PROCLAMATION Women’s History Month & International Women’s Day: March 2025 The City of Columbia Heights recognizes and celebrates the invaluable contributions of women throughout history and in our community today. Women have played and continue to play vital roles in our social, economic, cultural, and political spheres, shaping the world through their leadership, resilience, and advocacy for justice and equality. International Women's Day, celebrated annually on March 8th since the early 1900s, honors women's achievements and serves as a call to action for gender equality. It is a time to celebrate progress while acknowledging the persistent challenges women face, including the gender pay gap, underrepresentation in leadership, and violence against women. Women’s History Month, officially recognized in 1987, builds on this celebration by amplifying the voices and stories of women who have fought for suffrage, civil rights, labor protections, and social justice. Women have led movements that have shaped our country and continue to push for equity across all aspects of life. Women have paved the way for a more just society, from the early garment workers' strikes to the activism of abolitionists and labor leaders. Historically, women have been the backbone of communities, providing essential labor inside and outside the home, volunteering in charitable organizations, and serving courageously in the military. Despite systemic barriers, women of all races, cultures, gender identities, and socioeconomic backgrounds have made lasting contributions to our nation’s progress. The City of Columbia Heights is proud to honor women's history and achievements and reaffirm our commitment to gender equity and inclusion. We encourage all residents to celebrate the contributions of women, uplift their voices, and continue the work toward a future where everyone has equal opportunities to thrive. NOW, THEREFORE, I, Amáda Márquez Simula, Mayor of Columbia Heights, do hereby proclaim March 2025 as Women’s History Month and March 8, 2025, as International Women’s Day in the City of Columbia Heights, County of Anoka, State of Minnesota, U.S.A. Let us honor the women of the past, support the women of today, and empower the women of the future. Together, we build a more just and equitable world for all. ________________________________ Amáda Márquez Simula, Mayor February 24, 2025 7 Item B. PROCLAMATION National Developmental Disability Awareness Month: March 2025 Disability is a social construct. The "problem" is not the medical condition that resides within the individual; the "problem" is that society does not create welcoming, supportive environments, policies, or systems for all. We observe Developmental Disability Awareness Month in March, a time to celebrate the contributions and accomplishments of people with disabilities and to promote a better understanding of the challenges they face. The most effective way to increase awareness is through everyone’s openness to learn about and acknowledge the systemic barriers that oppress those with disabilities so that policies are developed, attitudes are reshaped, and equitable experiences are offered to all individuals, including those with disabilities. Society misses out on the rich talents and experiences those with disabilities have to offer their communities, citizens should do all in their power to:  Recognize the barriers presented to those with disabilities.  Recognize the value of the experiences those with disabilities have in our lives and the valued role they play in our rich diversity.  Create ways to include everyone, especially those with disabilities, in all aspects of community life.  Understand the losses (whether that be financial, spiritual, human rights, contributions to the community, or otherwise) when our communities segregate and create barriers for those with disabilities. The city of Columbia Heights is committed to increasing public awareness and understanding of disability-related issues, as well as ensuring that all individuals, regardless of disability, have equal access to and full participation in community life. NOW, THEREFORE, I, Mayor Amada Márquez Simula, on behalf of the City of Columbia Heights, do hereby proclaim March 2025, as Developmental Disability Awareness Month in the City of Columbia Heights, County of Anoka, State of Minnesota, U.S.A. and encourage all citizens to support and participate. ________________________________ Amáda Márquez Simula, Mayor February 24, 2025 8 Item C. CITY COUNCIL MEETING Mayor Amáda Márquez Simula Councilmembers Connie Buesgens Rachel James Justice Spriggs Laurel Deneen City Manager Aaron Chirpich City Hall—Council Chambers, 3989 Central Ave NE Monday, February 10, 2025 6:00 PM MINUTES The following are the minutes for the Meeting of the City Council held at 6:00 pm on Monday, February 10, 2025, in the City Council Chambers, City Hall, 3989 Central Avenue NE, Columbia Heights, Minnesota WELCOME/CALL TO ORDER/ROLL CALL Mayor Márquez Simula called the meeting to order at 6:00 pm. Present: Mayor Márquez Simula; Councilmember Buesgens; Councilmember Deneen; Councilmember Spriggs; Councilmember James Also Present: Andrew Boucher, City Planner; Grant Dickinson, Fire Fighter; Aaron Chirpich, City Manager; Kevin Hansen, Public Works Director; Sara Ion, City Clerk; Joseph Kloiber, Finance Director; Jason Lutz, City Attorney; Dan O’Brien, Fire Chief; Matthew Reynolds, Fire Fighter; Brad Roddy, Assistant Fire Chief; Mohamed Abdulle, City resident; Dean Beyer, City resident; MISSION STATEMENT Columbia Heights is a vibrant, healthy and connected City. We are here to actively support the community, deliver equitable services, build and strengthen connections, improve upon our past, and uphold our successes. We strive to be better and ensure Columbia Heights is a great place for everyone, today and in the future. PLEDGE OF ALLEGIANCE "I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all." APPROVAL OF AGENDA Motion by Councilmember Deneen, seconded by Councilmember Spriggs, to approve the Agenda as presented. All Ayes, Motion Carried 5-0. ITEM FOR CONSIDERATION Continuation of Consideration of 2025 Concrete Alley Construction, Project 2506. 1. Consideration of Resolution 2025-017, Ordering Improvements For 2025 Concrete Alley Construction, Project 2506. Public Works Director Hansen explained the item was before the Council as a public hearing during the January 27th meeting. The Council continued to discuss the item during the February 3rd work session. During the January 27th meeting the Council opened and closed the public hearing. The Alley program began in 1999 when the Council adopted a 9 Item 1. City of Columbia Heights MINUTES February 10, 2025 City Council Meeting Page 2 policy that focused on how to reconstruct the alley and how to pay for it. The policy provided general criteria for how the alleys would be reconstructed and identified concrete as being the material type. The policy also developed the assessment policy. The City pays for 55% of the cost of the alley and pays 45% of the assessment costs. The City uses a Resident Equivalent Unit system by looking at the size of the lot from a benefit perspective. The goal is that all of the lots benefit the same. Public Works Director Hansen explained that in 1999-2000 the City reconstructed 15 alleys, in 2014 they did three alleys, in 2020 they did three alleys and in 2024 they did five alleys. He mentioned that the City is recommending six alleys for this year. He mentioned that there are 17 miles of alleys in the City. Public Works Director Hansen reviewed the previous rates. In 2014 it was $2,050 per parcel, in 2020 they were $2,871, in 2024 it was $3,990, and the proposed rate for this year is $4,365. He explained that the system has not changed but the cost of materials has increased. If the construction costs are lower than the assessment rates are reduced to reflect the lowered amount. The City does not know what those costs will be until the Council adopts the Resolution. Public Works Director Hansen explained that if the Council decides to move forward on the project then the project will go to the final design and public bidding. A contractor reconstructs the alleys instead of City staff. Once the alleys are complete, the City develops the final rates based on the construction costs. In October there will be an assessment hearing and the Council will be informed about the rates that were developed. Residents will be able to either pay off the full amount, a portion, or none of it. If there is a remaining balance, it will be on the property owner's property tax for the next 10 years. Each year the interest is reduced. The balance can be paid off in any year without future interest being paid. Public Works Director Hansen recognized that it is a big investment into the City’s infrastructure. He added that the worst-condition alleys will be completed first. Councilmember James mentioned that community members have asked how they would do the financing for the City portion and the resident portion if there was no interest. Public Works Director Hansen explained that there is a portion that the City pays for. Typically the City would finance the resident portion. However, the City does not have the funds for that and would have to get a loan. The interest rate is typically determined based on what it is bonded at during that year. Councilmember James addressed that residents are wondering if the project could be put off a year. She mentioned that construction costs went up 10% in one year and residents would be better off doing this year's rates and paying what they can and then paying it off over time in case the construction costs jump another 10% next year. 10 Item 1. City of Columbia Heights MINUTES February 10, 2025 City Council Meeting Page 3 Mayor Márquez Simula mentioned that the City held an alley assessment meeting where many people expressed their concerns. The Council continued to discuss the item and brought it forth to the current meeting so that Councilmember Spriggs could be in attendance since the item requires a 4-5 vote in order to pass. She added that the Council has continued to receive additional information on the item. Many people mentioned that they wished they knew the project was affecting them sooner so they could get the finances in order. She suggested having a better process to communicate with residents sooner. Mayor Márquez Simula agreed with Councilmember James’ previous comments regarding being able to pay off the project early without having to pay off additional interest. She added that the cost for residents will not be more after the Resolution is passed. If the bids come back higher the City would pay the additional costs. Mayor Márquez Simula noted that the Council has all received any emails that were sent to the City regarding the alley project. Motion by Councilmember Buesgens, seconded by Councilmember James, to waive the reading of Resolution 2025-017, there being ample copies available for the public. All Ayes, Motion Carried 5-0. Motion by Councilmember Buesgens, seconded by Councilmember James, to adopt Resolution 2025-017, being a resolution ordering improvements and preparation of plans for 2025 Concrete Alley Construction, City Project 2506. Mayor Márquez Simula mentioned that it has been brought up to the City that City-wide assessments have been brought up as a way to fund the project. She stated that she is in favor of looking into City-wide assessments but at this time, it would take too much time to do and alleys could continue to damage City property due to the state som e of them are in. Councilmember Deneen thanked Mayor Márquez Simula for bringing that up in order to look for ways for the City to be more equitable. She added the importance of having equitable and compassionate policies and looked forward to discussing it further. All Ayes, Motion Carried 5-0. COMMUNITY FORUM Dean Beyer, City resident, expressed his concern regarding the garbage and recycling can ordinance. He mentioned that there are many cans on the street and not put away. The cans in the street cause plows to go around them and pedestrians to have to walk around them into the street. He added that he did not know what could be done about them but it looks trashy. Mayor Márquez Simula agreed. Public Works Director Hansen stated that they would work with the Communications Department to get more messaging out there. He added he would work with the refuse coordinator to look at ways to remind residents to take in their garbage cans after their garbage has been picked up. 11 Item 1. City of Columbia Heights MINUTES February 10, 2025 City Council Meeting Page 4 Mayor Márquez Simula asked if they could include garbage cans not being put back in the report a problem page on the City’s website. City Manager Chirpich replied that it could be reported there. He added that it would also fall in the proactive code enforcement category under property maintenance. Mayor Márquez Simula suggested googling “Report a problem Columbia Heights”. She noted a website will come up where community members can report issues that get directed to City staff. She added that people can report potholes, broken swings, or broken trails. Mohamed Abdulle, City resident, stated he was asking for the release of the amendment of a deed restriction which is outlined in section 15f for an agreement. He added he purchase d a house about eight years ago and the deed was apparently for 10 years ago. He mentioned that they purchased the land before it was developed. A deed was placed by the developer through Columbia Heights. He was not aware of the deed until recently and is now held accountable for two more years of the deed. He wanted to see how he could get it released or amended. City Manager Chirpich explained a number of years ago the City purchased foreclosed homes, tore down the homes, and sold the lots. The lots were sold to developers at a discount with restrictions included. In this case, the property could not be sold as a rental property for a period of ten years. The development agreement is then passed onto the purchaser. A deviation of the development agreement would take a large discussion and would include a policy conversation and include the EDA. Mayor Márquez Simula asked City Manager Chirpich if he would be able to follow up with Mr. Abdulle regarding the timeline of when discussions would happen with the EDA. City Manager Chirpich mentioned that the Community Development staff have been in communication with Mr. Abdulle. Mr. Abdulle explained that they are hoping for a final resolution because his understanding is that Ci ty staff do not want to allow a deviation. He added that they are hoping to get a final decision. Mayor Márquez Simula explained that the EDA would have the authority to make the decision. She mentioned she would not be able to give him a resolution on it now but it was good that he brought it up during the meeting so it is on the radar of discussion items. Mr. Abdulle asked if they would be able to sit down with the EDA to have a discussion. City Manager Chirpich explained that it is a large policy discussion that staff will need to present to the Council and EDA. He added that it was possible that the EDA could discuss it during their next meeting at the beginning of March. He stated he would have to do some research regarding the legal process. Mayor Márquez Simula noted the next EDA meeting would be on March 3rd at 5:00 pm. City Planner Boucher mentioned that he would help with communication with Mr. Abdulle while Community Development Director Forney is on vacation. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Introduction of New Assistant Fire Chief Brad Roddy. 12 Item 1. City of Columbia Heights MINUTES February 10, 2025 City Council Meeting Page 5 Fire Chief O’Brien introduced the new Assistant Fire Chief Brad Roddy. He explained that Assistant Fire Chief Roddy came from the Lake Johanna Fire Department where he served as a Fire Captain. He added that Assistant Fire Chief Roddy grew up in Columbia Heights and graduated from Columbia Heights High School. Assistant Fire Chief Roddy’s father was the Police Captain with Columbia Heights years ago. He mentioned that Assistant Fire Chief Roddy and his twin brother joined the Fire Department in 2003 and worked w ith the department while attending school for law enforcement. Both of the brothers became police officers in Mankato. Assistant Fire Chief Roddy became a dual firefighter and police officer in Woodbury and after the program ended in Woodbury, he became the Fire Captain in Lake Johanna. Assistant Fire Chief Roddy thanked the Council for the opportunity and for Fire Chief O’Brien for bringing him along. He mentioned that the City staff have been welcoming and that he has been looking forward to this opportunity. He noted that it is rewarding to come back to Columbia Heights where he was originally invested as a 20-year-old. B. Demonstration by Fire Department of New Life Safety Equipment. Fire Chief O’Brien mentioned that during the Council work session, he did a presentation regarding the purchase of equipment for the Fire Department. He added that the equipment was purchased with funds from the Public Safety Aid account. He noted that approval for the funds allocation for the purchases is number nine on the Consent Agenda. Fire Chief O’Brien showed the Council which items would be purchased for the Fire Department. These items were demonstrated by Fire Fighter Matthew Reynolds. The items include the SCBA which is a breathing apparatus that would protect firefighters from breathing toxic gasses. The second piece of equipment is a rapid intervention pack or a RAT pack. It is essentially a backup system to save other firefighters. It has a universal connection that can connect to any make or model of SCBA’s. He noted that they are looking to purchase three rapid intervention packs to put on all of the fire engines. The third purchase equipment is technical rope rescue-related equipment. The fire departments in Anoka County maintain a specialized rescue team. He explained that they were looking to purchase ropes, some carabiners, and some other harness equipment. The equipment would help rescue and save people immediately instead of being delayed. Firefighters Grant Dickinson added that the rope rescue equipment can be used in many situations such as a confined space, a structural collapse, trench rescue, and swift water. Three years ago the Fire Department joined a team to get harnesses and helmet s but have had to wait to get the full equipment, which has made a response time of 30-40 minutes. Mayor Márquez Simula asked what the training entails to get certified in using the rescue ropes. Fire Fighter Dickinson replied they train two days every month which has a different emphasis each month. He added that a special certification is not required to be on the team. 13 Item 1. City of Columbia Heights MINUTES February 10, 2025 City Council Meeting Page 6 CONSENT AGENDA Councilmember James referenced item 8 of the Consent Agenda and noted that Police Chief Markham came up with the idea of creating the position of a Deputy Police Chief. The Deputy Police Chief would be working on internal affairs, professional standards, accountability, administrative support, and general leadership and command. The position will be filled internally. She explained she is in support of the idea because it ensures a high degree of accountability and responsibility. Mayor Márquez Simula agreed. She commended Police Chief Markham for his work during his first year despite all of the staffing changes and the SRO contract with the school district. Motion by Councilmember Spriggs, seconded by Councilmember James, to approve the Consent Agenda as presented. All Ayes, Motion Carried 5-0. 1. Approve January 27, 2025 Special City Council Meeting Minutes. MOTION: Move to approve the January 27, 2025 Special City Council meeting minutes. 2. Approve January 27, 2025 City Council Meeting Minutes. MOTION: Move to approve the January 27, 2025 City Council meeting minutes. 3. Approve February 3, 2025 City Council Work Session Meeting Minutes. MOTION: Move to approve the February 3, 2025 City Council Work Session meeting minutes. 4. Accept January 6, 2025, Regular EDA Meeting Minutes. MOTION: Move to accept the January 6, 2025 EDA meeting minutes. 5. Accept January 7, 2025 Planning Commission Meeting Minutes. MOTION: Move to accept the January 7, 2025 Planning Commission meeting minutes. 6. Accept January 8, 2025 Library Board Minutes. MOTION: Move to accept the January 8, 2025 Library Board meeting minutes. 7. Accept January 22, 2024 Regular HRA Meeting Minutes. MOTION: Move to accept the January 22, 2024 Regular HRA meeting minutes. 8. Change in Police Department Organizational Structure. MOTION: Move to approve a change in the police department organizational structure to add the position of Deputy Police Chief. 9. Allocate Use of Funds and Authorize Expenditures Using 2023 Public Safety Aid. MOTION: Move to allocate 2023 Public Safety Aid funds in the amount of $72,000 for the expenses as listed in the Summary of Current Status section. MOTION: Move to authorize the purchases as outlined in the Summary of Current Status section. 10. Second Reading of Ordinance 1710, an Ordinance Amending Chapter 5A Property Maintenance Code, to Include the Removal of Discriminatory Covenants. MOTION: Move to waive the reading of Ordinance No. 1710, there being ample copies 14 Item 1. City of Columbia Heights MINUTES February 10, 2025 City Council Meeting Page 7 available to the public. MOTION: Move to approve Ordinance 1710, being an ordinance to amend Chapter 5A Property Maintenance Code and direct staff to send the summary ordinance for publication in the legal newspaper. 11. Consideration of a Rental License Exemption Extension for 4302 2nd Street NE. MOTION: Move to waive the reading of Resolution 2025-024, there being ample copies available to the public. MOTION: Move to approve Resolution 2025-024, a resolution approving the single-family rental exemption request for the rental application at 4302 2nd Street NE, Columbia Heights, MN 55421. 12. Rental Occupancy Licenses for Approval. MOTION: Move to approve the items listed for rental housing license applications for February 10, 2025, in that they have met the requirements of the Property Maintenance Code. 13. License Agenda. MOTION: Move to approve the items as listed on the business license agenda for February 10, 2025, as presented. 14. Review of Bills. MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has reviewed the enclosed list to claims paid b y check and by electronic funds transfer in the amount of $1,248,790.77. ITEMS FOR CONSIDERATION Ordinances and Resolutions 15. First Reading of Ordinance No. 1711, an Ordinance to Amend Chapter 9 - Land Use: 9.101 Purpose, 9.103 Definitions, 9.106 General Development Standards, 9.107 Specific Development Standards, 9.109 Residential Districts, 9.110 Commercial Districts, 9.111 Industrial Districts, 9.113 Planned Unit Development Districts, 9.114 Overlay Districts, and 9.115 Public and Open Space Districts. City Planner Boucher stated staff discussed potential updates to City Zoning Code – Chapter 9 Land Use at the January 7, 2025, Planning Commission Workshop based on the work related to the City’s efforts to implement a Complete Streets Policy for public and private development, SolSmart technical review and progress through their designation program, and incorporating these along with other recent zoning code updates into the City’s Design Standards. These amendments are described in each applicable zoning section as follows: A. 9.101 Purpose, Authority and Jurisdiction (B) Purpose amended to include (B)(11) “Encourage and strengthen solar development and use of renewable energy while protecting public health, safety, and welfare of its residents and furtherin g progress 15 Item 1. City of Columbia Heights MINUTES February 10, 2025 City Council Meeting Page 8 towards specific community goals and plans.”; amend (B)(2) to reflect other specific goals defined in plans such as the Energy Action Plan and other guiding documents. B. B. 9.103 Definitions amended to include the following definitions: a. Amending Accessory Building/Structure, Building and Structure definitions to explicitly state that solar equipment and installations are not considered to be structures. b. Adding Community-scale solar energy system: A solar photovoltaic system that qualifies for the Community Solar Gardens identified by the State of Minnesota Commerce Department’s Energy and Utilities. c. Adding Grid-connected solar energy system: A solar photovoltaic system that is connected to an electric circuit served by an electric utility company. d. Adding Ground-mounted solar energy system (Accessory Use): A solar photovoltaic system mounted on a rack or pole that is ballasted on, or is attached to, the ground and the system is accessory to the primary use. e. Adding Ground-mounted solar energy system (Primary Use): A solar photovoltaic system mounted on a rack or pole that is ballasted on, or is attached to, the ground and is the primary land use for the parcel(s) on which it is located. Primary use systems are permitted through a discretionary approval process. f. Adding Roof-mounted solar energy system: A solar photovoltaic system mounted on a rack that is ballasted on, or is attached to, the roof of a building or structure. Roof-mount systems are accessory to the primary use. g. Adding Solar energy system: A device, array of devices, or structural design feature, the purpose of which is to provide for generation or storage of electricity from sunlight, or the collection, storage, and distribution of solar energy for space heating or cooling, daylight for interior lighting, or water heating. h. Adding Solar photovoltaic system: A solar energy system that converts solar energy directly into electricity, the primary components of which are solar panels, mounting devices, inverters, and wiring. C. 9.106 General Development Standards amended to include the following provisions: a. Removing language from (B) Lot Controls (13) Height limitations establishing a roof area maximum for mechanical and electrical equipment and adding language to include solar and other renewable energy equipment to allow equipment to exceed the maximum height limitation by up to 50%. b. Amending (C) Accessory uses and structures (1)(c) to include solar and other renewable energy equipment are subject to the setback requirements for accessory structures, but are not considered buildings or structures. c. Amending (H) Performance Standards (1) Purpose to exempt solar and renewable energy equipment and installations from performance standards. d. Amending (P) Sign Regulations to include (8) Sign Design Standards Table containing standards related to types of signage allowed by zoning district, maximum area, height, illumination, setbacks, and any other applicable information in a form-based table. 16 Item 1. City of Columbia Heights MINUTES February 10, 2025 City Council Meeting Page 9 e. Including (S) Table of Uses showing the permitted, conditional, and accessory uses for all residential, commercial, industrial, and public districts. D. 9.107 Specific Development Standards amended to include the following provisions: a. Including Roof-mounted solar energy system as a use and including as a specific development standard that the system “shall comply with applicabl e state and local fire codes to ensure emergency access to the roof, provide pathways to specific areas of the roof, provide areas for smoke ventilation, and provide emergency egress from the roof. b. Include Ground-mounted solar energy systems (accessory use) as a use and including as a specific development standard that “if the area under the system contains vegetative ground cover such as grass, native planting and vegetations, or pollinator habitats as the tilt and spacing allows for precipitation to drain into the pervious ground cover.” E. 9.109 Residential Districts, 9.110 Commercial Districts, 9.111 Industrial Districts, and 9.115 Public and Open Space Districts are all amended to remove the permitted, conditional, and accessory uses and relocating these into a form-based table in 9.106 General Development Standards (S) Table of Uses. F. 9.113 Planned Unit Development amended to include “solar, renewable energy systems, and beneficial electrification” as part of (C) Areas of Flexibility as well as (D) Review Procedure to include references to guiding documents in Planned Unit Development consideration. G. 9.114 Overlay Districts (D) Design Overlay District is amended to include reference in (1) Purpose, supporting the goals of the comprehensive plan, Energy Actio n Plan, Safe Streets for All, and the City’s Complete Streets Policy. Other amendments included are to (2) Establishment and (3) Design Guidelines of the Design Overlay Districts to read as follows: a. Central Avenue Design District. The Central Business District, extending from 37th to 42nd Avenues, includes a number of historic or architecturally interesting buildings, including the Heights Theatre. Most office and storefront buildings meet the sidewalk, while shopping centers and franchise buildings are set back behind parking lots. Architectural styles are diverse, from historic commercial or Mediterranean Revival (the theater) to 20th century modern. Several off-street ramps help to reduce the need for surface parking. Recent streetscape improvements and developments of the Public Safety building as well as the mixed use City Hall redevelopment project have enhanced the pedestrian character of this district. This district contains numerous neighborhood oriented multi-tenant shopping centers including restaurants, personal and professional services, retail, and multi- family developments. Redevelopment of the City’s Public Safety and City Hall has contributed to the character of this district. b. 40th Avenue Design District. Fortieth Avenue has its own character, combining housing with institutions such as City Hall John P. Murzyn Hall, smaller commercial businesses including restaurants, multi-tenant buildings with professional and personal services, as well as housing and places of worship. Commercial buildings tend to be single-story, set back 5 to 10 feet 17 Item 1. City of Columbia Heights MINUTES February 10, 2025 City Council Meeting Page 10 from the sidewalk, and have extremely limited parking options that causes some properties to have legal nonconforming status. Housing is predominantly single-family, although additional townhouse and multifamily development is envisioned in the Downtown Master Plan (2000). Future redevelopment and reconfiguration of 40th should take into consideration of the parking needs of the existing businesses and seek opportunities to enhance street parking. c. Highway Design District. The Highway District extends along Central Avenue from 42nd Avenue north to the City boundary. This segment has a distinctly different character than the CBD: most buildings are set far back from the street behind large parking lots or along frontage roads. Central Avenue is a six-lane highway through most of this area, and the road width and traffic speeds combine to make the area less pedestrian-friendly. The Highway District has issues related to stormwater quality and quantity that are apparent when there is significant or torrential rainfalls. With these conditions in mind for future redevelopment and reconfiguration of Central Avenue, Complete Streets elements shall be implemented when these are feasible and there are identified conflict points, stormwater issues, areas that are “under-lit”, barriers to pedestrian/bicyclist movements, or referenced in guiding documents such as Complete Streets, ADA Transition Plan, and Safe Streets for All. Councilmember Buesgens expressed her excitement that solar was included in the City’s zoning. She thanked City Planner Boucher for his work. Councilmember Deneen thanked City Planner Boucher and the Planning Commission for being forward-thinking and how to equip the City to deal with renewable energy. Councilmember Spriggs mentioned that the zoning language includes that solar panels do not just have to be on rooftops and asked if that was typical for a City like Columbia Heights. City Planner Boucher mentioned one of the Planning Commissioners has a background in renewable energy. The process of installing solar can be restricting so the City wanted to be in alignment with the best practices of the industry. Mayor Márquez Simula asked if the zoning amendments would be qualified for the Green Step Cities. City Planner Boucher replied that he would have to do some more research. Mayor Márquez Simula explained that Green Step Cities is a part of the Voluntary Improvement Program. Motion by Councilmember Deneen, seconded by Councilmember Buesgens, to waive the reading of Ordinance No. 1711, there being ample copies available to the public . All Ayes, Motion Carried 5-0. Motion by Councilmember Deneen, seconded by Councilmember Buesgens, to set the second reading of Ordinance 1711, being an ordinance to amend Chapter 9 - Land Use: 9.101 Purpose, 9.103 Definitions, 9.106 General Development Standards, 9.107 Specific 18 Item 1. City of Columbia Heights MINUTES February 10, 2025 City Council Meeting Page 11 Development Standards, 9.109 Residential Districts, 9.110 Commercial Districts, 9.111 Industrial Districts, 9.113 Planned Unit Development Districts, 9.114 Overlay Districts, and 9.115 Public and Open Space Districts., in the City of Columbia Heights for February 24, 2025 at approximately 6:00pm. All Ayes, Motion Carried 5-0. 16. Resolution 2025-083 Updating the Delegation of Purchasing to the City Manager. Finance Director Kloiber stated Section 56 of the City Charter assigns all purchasing to the City Manager, subject to approval by the City Council when a purchase or contract exceeds a dollar limit set by City Council resolution. However, the City Charter only delegates the authority to award a purchase or contract to a vendor. It does not delegate the authority to make resources available (a budget) for that purchase. Only the City Council can establish a budget, through its appropriation process. Finance Director Kloiber mentioned to be both effective and efficient, the dollar limit for the City Manager’s award of contracts and purchases should be based on the City C ouncil’s judgment of the relative tradeoffs between internal controls designed to prevent deviation from the City Council’s objectives before an award has been made, versus internal controls designed to detect deviation from the City Council’s objectives after an award has been made. Limiting contracts awarded by the City Manager to a dollar threshold is an example of a preventive internal control. Project progress reports and reviews of paid bills are examples of detective internal controls. Finance Director Kloiber noted the dollar limit for most purchases awarded by the City Manager is set at $15,000 by Resolution 2003-03. The Consumer Price Index (CPI) has increased 75% since that resolution was adopted. The equivalent limit in 2025 dollars would be approximately $26,000. In addition to this general limit of $15,000; Resolution 2003-03 states that liquor store inventory purchased for resale can be purchased in any amount by the City Manager. Resolution 2003-03 does not explicitly address the City Manager’s authority for any of the following:  Change orders for contracts awarded by the City Council.  Change orders for contracts awarded by the City Manager for which the change order results in cumulatively exceeding the general dollar limit.  Purchases too urgent to wait for the next available City Council meeting. Mayor Márquez Simula mentioned that the Council discussed the item in depth during a work session. She noted that Councilmember Deneen has experience in contracts and was able to ask a lot of helpful questions. Mayor Márquez Simula explained that the Council needs to do things in a transparent way where to public has access to the information. Motion by Councilmember Spriggs, seconded by Councilmember Deneen, to waive the reading of Resolution 2025-083, there being ample copies available to the public. All Ayes, Motion Carried 5-0. 19 Item 1. City of Columbia Heights MINUTES February 10, 2025 City Council Meeting Page 12 Motion by Councilmember Spriggs, seconded by Councilmember Buesgens, to adopt Resolution 2025-083, being a resolution updating the delegation of purchasing to the City Manager. All Ayes, Motion Carried 5-0. CITY COUNCIL AND ADMINISTRATIVE REPORTS Report of the City Council Councilmember James thanked the Recreation Department for hosting the Winter Ski Day. She met with Community Development and attended the State of the Region Address with Councilmember Buesgens. She mentioned she attended SnowBLAST and thanked Will Rottler, the events and communications team, the Columbia Heights Lions Club, HeightsNext, the Columbia Heights Athletic Booster, Heights Church, and the Key Club. She noted she attended the EDA meeting, the Council work session, the Central Avenue discussion, the resource fair at the Columbia Heights public school with Mayor Márquez Simula, and met with the chair of the bonding committee. She mentioned that she is participating in the Winter Reads program at the library. She wrote a letter with other elected of ficials across the US to join a coalition to ask Congress to preserve clean energy tax credits. Councilmember Buesgens stated she attended an online workshop for the National League of Cities Conference. She added that she attended the Region Metro Council with Councilmember James, the craft night at Murzyn Hall, the public open house for MnDOT, the pinning ceremony for the new Assistant Fire Chief, and the pet bed prep with HeightsNext. She thanked her husband and neighbor for filling in for her at SnowBLAST since she was not able to attend due to being sick. Councilmember Deneen noted she attended the Anoka County Local Officials meeting with Mayor Márquez Simula and volunteered with Every Meal and SnowBLAST. She mentioned she served as the Council liaison for the Planning Commission meeting. She attended the badging ceremony for Assistant Fire Chief Roddy. Councilmember Spriggs stated he attended SnowBLAST, the Council work session, the MnDOT virtual open house, and the Multicultural Advisory Committee. Mayor Márquez Simula noted she attended the Anoka County Elected meeting with Councilmember Deneen, the BOWMAC training with the Police Department and firefighters, the SnowBLAST event, the Ancestorial Connection at the library, the EDA meeting, the alley assessment meeting, and the resource fair at the school district. She mentioned during the rotary meeting Metro Blooms presented. She noted that she attended the virtual Public Works tour for bonding and work at the pet bed event. She stated she attended the Regional Council of Mayor’s meeting . She thanked the Public Works Department for attending to the streets with the plows during the last snowfall. She reminded residents to move their cars and garbage cans off the street so the plows could get through. She announced that the City’s Police Department is not a part of Homeland Security and they do not take part in ICE or any deportation. She clarified that the City’s police are here to protect all the people in the City’s boundaries. She mentioned that there will be a board game and puzzle swap on Thursday, February 13th at Murzyn Hall at 6:30 pm. CoHi Con is coming up, which is a gaming and cosplay convention. It will occur on March 1st and tickets can be purchased at cohiconmn.com. 20 Item 1. City of Columbia Heights MINUTES February 10, 2025 City Council Meeting Page 13 Report of the City Manager City Manager Chirpich stated the spring newsletter is being finalized and will be sent to be printed. He mentioned that staff would like to thank all of those who attended SnowBLAST. It is estimated that 400 people attended the event. He provided an update on the Mapping Prejudice Project and mentioned that the City is hosting two events on February 13 th and February 20th. The first event will cover racial covenants and the second event will cover mapping activities and more information on how to discharge covenants. It is recommended to bring a laptop for the second event. City Manager Chirpich mentioned that applications are open for the Boards and Commissions and the deadline to apply is February 28th. The applications can be found on the City’s website, at City Hall, or by contacting the City Clerk at 763-706-3611. The current openings include three Planning Commission spots, two on the Library Board, two on the Parks and Recreation Commission, two on the Sustainability Commission, and Youth Commissioners are accepted on a rolling basis. City offices will be closed on Monday, February 17th in observance of President’s Day. Mayor Márquez Simula showed the Police trading cards and mentioned that community members can ask police officers for a trading card. The Buy Nothing event will occur on Saturday at 10:00 am until 12:00 pm at First Lutheran Church. ADJOURNMENT Motion by Councilmember James, seconded by Councilmember Buesgens, to adjourn. All Ayes, Motion Carried 5-0. Meeting adjourned at 7:33 pm. Respectfully Submitted, ______________________________________ Sara Ion, City Clerk/Council Secretary 21 Item 1. CITY COUNCIL MEETING AGENDA SECTION CONSENT AGENDA MEETING DATE FEBRUARY 24, 2025 ITEM: Second Reading of Ordinance No. 1711, an Ordinance to Amend Chapter 9 - Land Use: 9.101 Purpose, 9.103 Definitions, 9.106 General Development Standards, 9.107 Specific Development Standards, 9.109 Residential Districts, 9.110 Commercial Districts, 9.111 Industrial Districts, 9.113 Planned Unit Development Districts, 9.114 Overlay Districts, and 9.115 Public and Open Space Districts. DEPARTMENT: Community Development BY/DATE: Andrew Boucher, City Planner, February 11, 2025 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 X Trusted and Engaged Leadership _Thriving and Vibrant Destination Community _Strong Infrastructure and Public Services _ Sustainable INTRODUCTION: Staff discussed potential updates to City Zoning Code – Chapter 9 Land Use at the January 7, 2025 Planning Commission Workshop based on the work related to the City’s efforts to implement a Complete Streets Policy for public and private development, SolSmart technical review and progress through their designation program, and incorporating these along with other recent zoning code updates into the City’s Design Standards. These amendments are described in each applicable zoning section as follows: A. 9.101 Purpose, Authority and Jurisdiction (B) Purpose amended to include (B)(11) “Encourage and strengthen solar development and use of renewable energy while protecting public health, safety, and welfare of its residents and furthering progress towards specific c ommunity goals and plans.”; amend (B)(2) to reflect other specific goals defined in plans such as the Energy Action Plan and other guiding documents. B. 9.103 Definitions amended to include the following definitions: a. Amending Accessory Building/Structure, Building and Structure definitions to explicitly state that solar equipment and installations are not considered to be structures. b. Adding Community-scale solar energy system; Grid-connected solar energy system; Ground- mounted solar energy system (Accessory Use) and (Primary Use); roof-mounted solar energy system; Solar energy system; and Solar photovoltaic system. C. 9.106 General Development Standards amended to include the following provisions: a. Amending (B) Lot Controls (13) Height limitations adding language to include solar and other renewable energy equipment to allow equipment to exceed the maximum height limitation by up to 50%. b. Amending (C) Accessory uses and structures (1)(c) to include solar and other renewable energy equipment are subject to the setback requirements for accessory structures but are not considered buildings or structures. 22 Item 2. Page 2 c. Amending (H) Performance Standards (1) Purpose to exempt solar and renewable energy equipment and installations from performance standards. d. Amending (P) Sign Regulations to include (8) Sign Design Standards Table containing standards related to types of signage allowed by zoning district, maximum area, height, illumination, setbacks, and any other applicable information in a form-based table. e. Including (S) Table of Uses showing the permitted, conditional, and accessory uses for all residential, commercial, industrial, and public districts. D. 9.107 Specific Development Standards amended to include the following provisions: a. Including Roof-mounted solar energy system as a use and including as a specific development standard that the system “shall comply with applicable state and local fire codes to ensure emergency access to the roof, provide pathways to specific areas of the roof, provide areas for smoke ventilation, and provide emergency egress from the roof. b. Include Ground-mounted solar energy systems (accessory use) as a use and including as a specific development standard that “if the area under the system contains vegetative ground cover such as grass, native planting and vegetations, or pollinator habitats as the tilt and spacing allows for precipitation to drain into the pervious ground cover.” E. 9.109 Residential Districts, 9.110 Commercial Districts, 9.111 Industrial Districts, and 9.115 Pub lic and Open Space Districts are all amended to remove the permitted, conditional, and accessory uses and relocating these into a form-based table in 9.106 General Development Standards (S) Table of Uses. F. 9.113 Planned Unit Development amended to include “solar, renewable energy systems, and beneficial electrification” as part of (C) Areas of Flexibility as well as (D) Review Procedure to include references to guiding documents in Planned Unit Development consideration. G. 9.114 Overlay Districts (D) Design Overlay District is amended to include reference in (1) Purpose, supporting the goals of the comprehensive plan, Energy Action Plan, Safe Streets for All, and the City’s Complete Streets Policy. Other amendments included are to (2) Establishment and (3) Design Guidelines of the Design Overlay Districts to read as follows: a. Central Avenue Design District. The Central Business District, extending from 37th to 42nd Avenues, includes a number of historic or architecturally interesting buildings, including the Heights Theatre. Most office and storefront buildings meet the sidewalk, while shopping centers and franchise buildings are set back behind parking lots. Architectural styles are diverse, from historic commercial or Mediterranean Revival (the theater) to 20th century modern. Several off-street ramps help to reduce the need for surface parking. Recent streetscape improvements and developments of the Public Safety building as well as the mixed - use City Hall redevelopment project have enhanced the pedestrian character of this district. This district contains numerous neighborhood oriented multi-tenant shopping centers including restaurants, personal and professional services, retail, and multi-family developments. Redevelopment of the City’s Public Safety and City Hall has contributed to the character of this district. b. 40th Avenue Design District. Fortieth Avenue has its own character, combining housing with institutions such as City Hall John P. Murzyn Hall, smaller commercial businesses including restaurants, multi-tenant buildings with professional and personal services, as well as housing and places of worship. Commercial buildings tend to be single -story, set back 5 to 10 feet from the sidewalk, and have extremely limited parking options that causes some properties to have 23 Item 2. Page 3 legal nonconforming status. Housing is predominantly single-family, although additional townhouse and multifamily development is envisioned in the Downtown Master Plan (2000). Future redevelopment and reconfiguration of 40th should take into consideration of the parking needs of the existing businesses and seek opportunities to enhance street parking. c. Highway Design District. The Highway District extends along Central Avenue from 42nd Avenue north to the City boundary. This segment has a distinctly different character than the CBD: most buildings are set far back from the street behind large parking lots or along frontage roads. Central Avenue is a six-lane highway through most of this area, and the road width and traffic speeds combine to make the area less pedestrian-friendly. The Highway District has issues related to stormwater quality and quantity that are apparent when there is significant or torrential rainfall. With these conditions in mind for future redevelopment and reconfigu ration of Central Avenue, Complete Streets elements shall be implemented when these are feasible and there are identified conflict points, stormwater issues, areas that are “under -lit”, barriers to pedestrian/bicyclist movements, or referenced in guiding documents such as Complete Streets, ADA Transition Plan, and Safe Streets for All. (3)(c). Support the implementation of city-wide guiding documents and standards. The Planning Commission held a public hearing on the proposed zoning text amendment on February 4, 2025, and gave a positive recommendation (4-0) as presented. The City Council approved the First Reading of Ordinance 1711 (5-0) at their February 10, 2025, Council meeting. RECOMMENDATION Staff recommends approval of Ordinance No. 1711, on first consideration: RECOMMENDED MOTION(S): MOTION: Move to waive the reading of Ordinance No. 1711, there being ample copies available to the public. MOTION: Move to approve Ordinance 1711, being an ordinance to amend Chapter 9 - Land Use: 9.101 Purpose, 9.103 Definitions, 9.106 General Development Standards, 9.107 Specific Development Standards, 9.109 Residential Districts, 9.110 Commercial Districts, 9.111 Industrial Districts, 9.113 Planned Unit Development Districts, 9.114 Overlay Districts, and 9.115 Public and Open Space Districts, and direct staff to send the summary ordinance for publication in the legal newspaper. ATTACHMENT(S): Ordinance No. 1711 Summary Ordinance No, 1711 24 Item 2. Ordinance No.1696 ORDINANCE NO. 1711 AN ORDINANCE AMENDING CHAPTER 9 – LAND USE OF THE CITY CODE OF 2005 TO AMEND 9.101 PURPOSE, 9.103 DEFINITIONS, 9.104 ADMINISTRATION AND ENFORCEMENT, 9.106 GENERAL DEVELOPMENT STANDARDS, 9.107 SPECIFIC DEVELOPMENT STANDARDS , 9.109 RESIDENTIAL DISTRICTS, 9.110 COMMERCIAL DISTRICTS, 9.111 INDUSTRIAL DISTRICTS, 9.113 PLANNED UNIT DEVELOPMENT DISTRICTS, 9.114 OVERLAY DISTRICTS, AND 9.115 PUBLIC AND OPEN SPACE DISTRICTS. The City of Columbia Heights does ordain: Section 1 The following language for Purpose, Authority, and Jurisdiction is amended as provided in Section 9.101 of the City Code of 2005, and hereby established to read as follows: (A) Title. This article shall be known, cited and referred to as the Columbia Heights Zoning and Development Ordinance, except as referred to herein, where it shall be known as “this article.” (B) Purpose. The City Council of the City of Columbia Heights, Minnesota, adopts this article to accomplish the following: (1) Protect the public health, safety, morals, aesthetics, comfort, convenience and gene ral welfare of the community and its people; (2) Implement the goals and policies included in the city's comprehensive plan , Energy Action Plan, and other guiding documents; (3) Divide the city into districts restricting and regulating therein the location, construction, reconstruction, alteration and use of structures and land; (4) Protect the stability and character of residential, commercial, industrial and public areas of the city and promote the orderly development of those areas; (5) Provide and protect adequate light, air, privacy and convenience of access to property; (6) Provide a safe and efficient traffic circulation system for all modes of transportation and limit congestion in the public rights-of-way; (7) Prevent overcrowding of land and undue concentration of structures by regulating the use of land and buildings and the bulk of buildings in relation to the land and buildings surrounding them; (8) Provide for the compatibility of different land uses and the most appropriate use of land throughout the city; (9) Provide for the effective administration of this article, including powers and duties of officers and bodies, procedures and standards for land use approvals, and procedures for enforcement; (10) Establish a continuing system of review of this article to ensure it will be amended to meet the changing needs of the city; (11) Encourage and strengthen solar development and uses of renewable energy while protecting public health, safety, and welfare of its residents and furthering progress towards specific community goals and plans. (C) Authority. This article is enacted under the authority granted to the City of Columbia Heights by the Municipal Planning Act, M.S. §§ 462.351 to 462.365, as they may be amended from time to time. If those statutes are amended to restrict or enlarge the authority delegated to the city, those amendments shall be incorporated into this a rticle. (D) Jurisdiction. This article governs the use of all land and structures within the corporate limits of the City of Columbia Heights, unless such regulation is specifically pre -empted by state or federal law or regulation. 25 Item 2. City of Columbia Heights – Ordinance 1711 Page 2 (E) Violations. Any violation of any provision of this article shall be considered a misdemeanor and shall be subject to a fine and/or a jail term under state law plus the cost of prosecution. Each day a violation exists shall constitute a separate violation for the purposes of this section. Section 2 The following definitions are amended or added as provided in Section 9.103 of the City Code of 2005, is hereby established to read as follows: For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ABANDONMENT. To discontinue a use or activity for any reason, but excluding temporary interruptions to the use during periods of building or remodeling where a valid building permit has been issued or during periods of routine seasonal closure. ACCESSORY BUILDING OR STRUCTURE. A building or structure or portion of a structure subordinate to and serving the principal structure on the same lot. Solar equipment and renewable energy installations are not considered to be structures. ACCESSORY USE. A use that is reasonably necessary and incidental to the conduct of the primary use of the principal building or buildings. ADDITION. Any change or modification in construction or occupancy of an existing structure. The enclosure of an existing screened porch, deck, roofed deck, patio, or roofed patio shall be considered an addition. ADJACENT or CONTIGUOUS. Bordering, touching or adjoining. If two lots are separated by a public street, they shall not be deemed adjacent. If two lots are separated by a public walkway, they shall be deemed adjacent. ADULT USE. Adult uses include adult bookstores, adult motion picture theaters, adult motion picture sales/rental, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of “specified sexual activities” or “specified anatomical areas” which are capable of being seen by members of the public. Activities classified as obscene as defined by M.S. § 617.241, as it may be amended from time to time, are not included. ADULT USE, ACCESSORY. The offering of retail goods for sale which are classified as adult uses on a limited scale and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of such items include the sale of adult magazines, the sale or rental of adult motion pictures, the sale of adult novelties, and the like. ADULT USE, PRINCIPAL. The offering of goods and/or services which are classified as adult uses as a primary or sole activity of a business or establishment and include, but are not limited to adult body painting studios, adult bookstores, adult cabarets, adult companionship establishments, adult conversation parlors, adult health clubs, adult theaters, adult modeling studios, and adult saunas and massage parlors. ALLEY. A public right-of-way or private way that affords a secondary means of access to abutting property. ANNEXATION. The incorporation of a land area into the city with a result ing change to the corporate limits of the city. ASSISTED LIVING. A facility licensed by the MnDOH where individualized home care aide services or home management services are provided to residents either by management or by providers under contract with the management. 26 Item 2. City of Columbia Heights – Ordinance 1711 Page 3 AUTO REDUCTION YARD. A lot or yard where one or more unlicensed motor vehicles or the remains thereof are kept for the purpose of dismantling, sale of parts, sale as scrap, storage or abandonment. AUTO AND TRUCK SALES LOT. Buildings and premises for automobile/truck sales and show rooms with incidental and accessory sales and service facilities also permitted but not required. AUTO AND TRUCK SALES LOT, USED. Any land used or occupied for the purpose of buying and selling secondhand passenger cars or trucks, and the storing of such vehicles prior to sale. AUTOMOBILE, USED. Any secondhand, previously owned passenger vehicle, car, or truck. AVERAGE EXISTING GRADE. The average existing grade is measured as the existing elevation (prior to any construction alterations) at each corner of the structure and calculating an average. AVERAGE FINISHED GRADE. The average finished grade is measured by taking the finished elevation (after any construction alterations) at each corner of the structure and calculating an average; see example images below: BANNER, FLAG or PENNANT. A sign made of a flexible material, such as cloth, paper, or plastic, however and wherever affixed. 27 Item 2. City of Columbia Heights – Ordinance 1711 Page 4 BANQUET HALL. A building for the purpose of hosting a party, banquet, wedding, reception or other social events. BASEMENT. A portion of a building located partially, up to 50% underground or below grade. BAY. Cantilevered portion of a building. BED AND BREAKFAST RESIDENCE. An owner-occupied, single-family residence that provides lodging and meals to registered guests. BEDROOM. Any room used principally for sleeping purposes and does not contain separate kitchen and sanitary facilities. BOARD OF ADJUSTMENTS. The Columbia Heights Planning Commission. BOARDING HOUSE. A building other than a motel or hotel where, for compensation and by pre - arrangement for definite periods, meals and/or lodgings are provided for three or more persons, but not to exceed eight persons. BREW PUB. A restaurant that conducts the retail of on-sale malt liquor consumed and brewed on the premise. BREWER TAPROOM. A facility on the premises of, or adjacent to, a malt liquor manufacturer intended for on -sale and consumption of malt liquor produced by the brewer. BUFFER. A landscaped area intended to separate and/or partially obstruct the view of adjacent land uses or properties from one another. BUILDABLE AREA. The area of the lot remaining after the minimum yard or setback requirements of this article have been established. BUILDING. Any roofed structure that may provide shelter or enclosure of persons, animals or chattel. Solar equipment and renewable energy installations are not considered to be structures. BUILDING LINE. A line parallel with the street right-of-way, or any property line, at the foundation level of a building and representing the distance which the building is set back from the street right -of-way or other property line. BULK REGULATIONS. Standards and controls that establish the maximum size of structures and the buildable area within which the structure can be located, including height, floor area ratio, gross floor area, lot area, lot coverage, impervious surface area and yard requirements, but excluding residential density regulations . BUSINESS. Any occupation, employment, or enterprise wherein merchandise is exhibited, rented or sold or which occupies time, attention labor and/or materials or where services or goods are offered for compensation. BUSINESS FRONTAGE. The property lines or lease lines at the front of the building or the location of the main public entrance of said building. CANOPY, AWNING or MARQUEE. A projection or extension of a structure, building or place of assembly, erected in such a manner as to provide a shelter or cover over the approach to any entrance of such structure, building, or place of assembly. CARPORT. An automobile shelter having one or more sides open. CARWASH. A building that provides facilities for washing and cleaning motor vehicles, which may use production line methods with a conveyor, blower, or other mechanical devices, and which may employ some hand labor. CERTIFICATE OF OCCUPANCY. A document issued by the Building Official allowing for the occupancy or use of a building, and certifying that the structure or use has been constructed or will be used in compliance with all the applicable codes and ordinances. CLINIC, MEDICAL. A place used for the diagnosis and treatment of sick, ailing, infirm, injured persons, and those persons who are in need of medical attention. Overnight care facilities are not provided at the clinic. CLINIC, VETERINARY. A place used for the diagnosis and treatment of sick or injured animals and those animals in need of medical attention. COFFEE SHOP. An establishment engaged principally in the sale of coffee and other non-alcoholic beverages for consumption on the premises or for carryout, which may also include the sale of a limited number of food items. COLOR. Any hue or combination of values of these. Black and white, shall not be considered colors. COMMERCIAL USE. A use of land, building or structure intended, designed or arranged for a business, occupation, trade, or profession, including entertainment, services or sale of goods. 28 Item 2. City of Columbia Heights – Ordinance 1711 Page 5 COMMUNITY CENTER. An establishment operated by a non-profit organization or government agency, which includes recreational facilities, meeting rooms, social service facilities, and public health facilities, or any combination thereof. Community-scale solar energy system. A solar photovoltaic system that qualifies for the Community Solar Gardens identified by the State of Minnesota Commerce Department’s Energy and Utilities. COMPREHENSIVE PLAN. The policies, statements, goals and interrelated plans for private and public use of land and water, transportation, and community facilities including recommendations for plan execution, documented texts, ordinances, maps which constitute the guide for the future development of the city. CONDITIONAL USE PERMIT. A permit specially and individually granted by the City Council after public hearing thereon by the Planning Commission for any conditional use so permitted in any use district. CONVENIENCE STORE. A retail establishment, having a maximum gross floor area of 7,500 square feet, offering for sale prepackaged food products, household items and other goods commonly associated with this type of store. This use may also be combined with a motor vehicle service station. COUNCIL. The Columbia Heights City Council. CURB. A stone, asphalt or concrete boundary marking the edge of a roadway or paved area. CURB LEVEL. The grade elevation as established by the city, of the curb in front of the center of the building. Where no curb level has been established, the City Engineer shall determine a curb level or its equivalent for the purpose of this article. CURB LINE. The line at the face of the curb nearest the street or roadway. In the absence of a curb, the curb line shall be established by the City Engineer. DAY CARE, ADULT. A facility that provides care to functionally impaired adults on a regular basis for periods of less than 24 hours in a structure that is not the residence of the person being served or the facility operator. DAY CARE, FAMILY. A facility that provides care, protection and supervision of children in a private residence for periods of less than 24 hours. The size of the outdoor play area, the maximum number of children who may be served, and the number and qualifications of required outside teachers and helpers are set forth in Minnesota Statutes. This use may be licensed by other agencies. DAY CARE, GROUP. A non-residential facility where child care, protection and supervision services are provided on a regular basis for periods of less than 24 hours. A group day care facility may also be referred to as a NURSERY. DECK, ATTACHED. A structure six feet or more attached to the main building that may or may not have a railing or access to the ground, but does not have a roof or contain wall s. DECK, DETACHED. A free-standing structure that is directly adjacent or attached to the principal building that may or may not have a railing, but does not have a roof or contain walls. DENSITY. The number of dwellings or principal buildings or uses permitted per net acre of land. Net acre of land shall not include any land required for public streets or other rights -of-way. DEVELOPMENT. All structures and other human modifications of the landscape. DRINKING ESTABLISHMENT. Any premise where alcohol or non-alcoholic beverages are sold at retail for consumption on the premises. DRIP LINE. A vertical line extending from the outermost branches of a tree to the ground. DRIVE-IN FACILITY. Any portion of a building from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle. Such use may also be referred to as a drive -through. DRIVEWAY. A private way used by vehicles to gain access to an individual lot or parcel of land. For one- and two- family dwellings, the driveway shall be defined as the length and width of a driving surface that is used to gain access to a private garage. DWELLING. A building or one or more portions thereof occupied or intended to be occup ied exclusively by a family, but not including rooms in motels, hotels, nursing homes, boardinghouses, nor trailers, tents, cabins, or trailer coaches. 29 Item 2. City of Columbia Heights – Ordinance 1711 Page 6 DWELLING, ATTACHED. A dwelling that is joined to another dwelling on one or more sides by a common wall. DWELLING, DETACHED. A dwelling that is surrounded by open space on the same lot. DWELLING, MULTIPLE. A building so designed as to contain three or more dwellings as the principle use. DWELLING, TOWNHOUSE. Attached dwelling units, each with a separate entrance to front and rear yards. EASEMENT, UTILITY. A grant by a property owner for the use of a portion or strip of land for the purposes of constructing and maintaining utilities, including, but not limited to, sanitary sewers, water mains, electric liners, telephone lines, storm sewers or storm drainage ways, and gas lines. EMERGENCY SHELTER. A non-profit, charitable, or religious organization providing boarding and/or lodging and ancillary services on the premises primarily to indigent, needy, homeless or transient persons. EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of encroachment lines so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. This as determined by considering the effect of encroachment on the hydraulic efficiency of the flood plain along both sides of a stream for a significant reach. ESSENTIAL SERVICE. Underground or overhead gas, electrical, steam, or water distribution systems; collection, communication, supply or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants or other similar equipment and accessories in conjunction therewith; but not including telecommunication towers. FACADE. The exterior wall of a building exposed to public view. FAMILY. An individual, or two or more persons each related by blood, marriage or adoption, living together as a single housekeeping unit; or a group of not more than four persons not so related, maintaining a common household and using common cooking and kitchen facilities. FENCE. A fence is any partition, structure, wall or gate erected as a dividing marker along property lines or within the required yard. FILLING. The placement of sand, gravel, earth or other materials of any composition on a parcel of land. FIREARM. Any device, designed to be used as a weapon, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive or other form of combustion, but excluding a stud or nail gun used in the construction industry or a toy gun. FLOOD. A temporary rise in stream flow or stage that results in inundation of the areas adjacent to the channe l. FLOOD FREQUENCY. The average frequency, statistically determined, for which it is expected that a specific flood state or discharge may be equaled or exceeded. FLOOD FRINGE. That portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term floodway fringe used in the Flood Insurance Study. FLOOD PLAIN. The areas adjoining a watercourse that have been or hereafter may be covered by the regional flood. FLOOD PROOFING. A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages. FLOODWAY. The channel of the watercourse and those portions of the adjoining flood plain that is reasonably required to carry and discharge the regional flood. FLOOR AREA, GROSS. The sum of the gross horizontal areas of the several floors measured to the outside of exterior walls. FLOOR AREA, NET. The sum of the gross horizontal areas of the several floors of a building including interior balconies, mezzanines and basements, but excepting that area primarily devoted to window display, fitting rooms, stairs, escalators, unenclosed porches, dead storage, heating and utility rooms, inside off-street parking or loading space. Measurements shall be made from the outside of exterior walls. FLOOR AREA RATIO. The numerical value obtained through dividing the gross floor area of a building or buildings by the lot area on which such building or buildings are located. 30 Item 2. City of Columbia Heights – Ordinance 1711 Page 7 FRONTAGE. The distance for which a lot line coincides with the right -of-way line of a public street or the boundary of a private street. FUNERAL HOME. A building or part of a building thereof used for human funeral services. Such building may contain space and facilities for embalming and other services used to prepare the dead for burial, performance of autopsies, storage of caskets, funeral urns and other related funeral supplies and the storage of other funeral supplies, but excluding crematoriums. GARAGE, PRIVATE. A detached accessory building or portion of principal building, including a carport, which is used primarily for storing passenger vehicles, trailers or one truck of a rate capacity not in excess of 9,000 pounds. GARAGE SALE. Any display of used goods and/or salesmen samples and sale of said goods on a property used primarily as a dwelling. The person conducting the sale shall be a member of the family occupying the dwell ing. GLARE, DIRECT. That part of the visible light reaching an observer directly in a straight line from the source of its principal diffuser and/or its associated focusing reflector. GLARE, INDIRECT. Light described in the definition for direct glare, but reaching an observer by reflection from a surface or surfaced which either: (1) Move periodically under power of the wind, electricity, burning fossil fuel, or similar energy source; or (2) Reflect 70% or more of the light incident u pon them; or (3) Produce by imaging the effect of the conditions of subdivision (a) above. GRADE. The elevation or level of the street closest to the building, structure or sign to which reference is made, measured at the street's centerline. GRAPHICS. An illustration or rendering which is not for an advertising purpose and which is applied directly to a building or structure. GRID-CONNECTED SOLAR ENERGY SYSTEM. A solar photovoltaic system that is connected to an electric circuit served by an electric utility company. Ground-mounted solar energy system (Accessory Use): A solar photovoltaic system mounted on a rack or pole that is ballasted on, or is attached to, the ground and the system is accessory to the primary use. Ground-mounted solar energy system (Primary Use): A solar photovoltaic system mounted on a rack or pole that is ballasted on, or is attached to, the ground and is the primary land use for the parcel(s) on which it is located. Primary use systems are permitted through a discretionary approval process. HEIGHT, BUILDING. Building height is measured as the distance from the average finished grade to the tallest point of a flat roof; or the peak of a pitched or mansard roof; or the highest point on all other roof types. HEIGHT, SIGN. Sign height is measured as the distance from the average existing grade to the tallest point on the structure or sign, whichever is taller. For pylon signs, the average existing grade is taken from the elevation where the pole meets the existing grade. HEIGHT, STRUCTURE. Structure height is measured as the distance from the average finished grade to the tallest point on the structure. HOME OCCUPATION. Any gainful occupation or profession engaged in by an occupant of a dwelling unit. Such use must be clearly incidental and secondary to the principal use of the dwelling for residential purposes and shall not change the residential character of the dwelling or have an adverse effect on adjacent properties nor constitute a nuisance or safety hazard. HOTEL. A building containing eight or more guest rooms in which lodging is provided with or without meals for compensation and which is open to transient, permanent guests or both, and where no provision is made for cooking in any guest room, and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge. IMPERVIOUS SERVICE. A surface that is occupied by buildings or structures, or has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. 31 Item 2. City of Columbia Heights – Ordinance 1711 Page 8 INDUSTRIAL USE. The use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities or other wholesale items. JUNK YARD. An area where used, waste, discarded or salvaged materials are bought, sold, exchanged, stored baled, cleaned, packed, disassembled or handled including but not limited to scrap, iron, and other metals, paper, rags, rubber products, bottles and lumber. Storage of such material in conjunction with a permitted manufacturing process when within an enclosed area or building shall not be included. KENNEL. Any premises where three or more non-caged domestic animals over six months of age are kept, except for an animal hospital, pet shop or veterinary clinic. LAND ALTERATION. Depositing or removing 400 cubic yards or more of material after the effective date of this article so as to modify the existing grade, excluding excavations for the placement of footin gs or the construction of basements. LOT. A parcel of land occupied or used or intended for occupancy or use by a use permitted in this article, abutting on a public street, and of sufficient size to provide the yard required by this article. LOT AREA. The area of a lot in a horizontal plan bounded by the lot lines, but not including any area occupied by the waters of a duly recorded lake or area which has been dedicated as a public right - of-way. LOT AREA PER DWELLING UNIT. The number of square feet of lot area required per dwelling unit. LOT, CORNER. A lot situated at the junction of, and abutting on two or more intersecting streets or other public rights-of-way, or a lot at the point of deflection in alignment of a continuous street, the inter ior angle of which does not exceed 135 degrees. LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line of a lot. LOT, INTERIOR. A lot other than a corner lot. LOT LINE. A lot line is the property line bounding a lot except that where any portion of a lot extends into the public right-of-way or a proposed public right-of-way shown on a recorded official map, the line of such public right-of-way shall be deemed the lot line. LOT LINE, FRONT. That boundary of a lot that abuts a public street. In the case of a corner lot it shall be the shortest dimension on a public street. If the dimensions of a corner lot are equal, the front lot line shall be designated by the owner and filed with the city. LOT LINE, REAR. That boundary of a lot that is opposite the front lot line. If the rear lot line is less than ten feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten feet in length within the lot, paralle l to, and at the maximum distance from the front lot line. LOT LINE, SIDE. Any boundary of a lot that is not a front lot line or a rear lot line. LOT OF RECORD. Any lot which is one unit of a plat heretofore or hereafter duly approved and filed, or one unit of an auditor's subdivision or a registered land survey, or a parcel of land not so platted, subdivided or registered for which a deed, auditor's subdivision or registered land survey has been recorded in the office of the Register of Deeds or Registrar of Titles for Anoka County, Minnesota prior to the effective date of this article. LOT, SUBSTANDARD. A lot or parcel of land that has less than the required minimum area or width as established by this article as a buildable parcel. LOT, THROUGH. A lot which has a pair of opposite lot lines abutting two substantially parallel streets, and which is not a corner lot. On a through lot, both street lines shall be front lot lines for applying this article. LOT WIDTH. The minimum horizontal distance between the side lot lines as measured at the median point of the front yard setback line. MANUFACTURED HOME. A manufactured home means a factory-built structure or structures equipped with the necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear and designed to be used as a dwelling unit or units without a permanent foundation. The phrase “without a permanent foundation” indicates that the support system is constructed with the intent that the mobile home placed thereon will be moved from time to time at the convenience of the owner. 32 Item 2. City of Columbia Heights – Ordinance 1711 Page 9 MANUFACTURED HOME PARK. A parcel of land so designed and improved with utilities, parking pads, walks, access roads, and other facilities to accommodate manufactured homes that are to be used as dwellings and that have received state approval. MOTEL. A building containing eight or more guest rooms in which lodging is provided with or without meals for compensation and which is open to transient, permanent guests or both, and where no provision is made for cooking in any guest room, and in which ingress and egress to and from all rooms is made directly from the outside. MOTOR FREIGHT TERMINAL. A building or area where freight arrives and/or is removed for routing in intra -state or inter-state shipment by motor truck. MOTOR FUEL STATION. A retail place of business engaged primarily in the sale of motor fuels, but may also be engaged in supplying goods and services generally required in the operation and maintenance of motor vehi cles. MOTOR FUEL STATION, MAJOR. A primarily retail place of business which may engage in major motor vehicle repair and may include auto wash or convenience store as an accessory use. MOTOR FUEL STATION, MINOR. A retail place of business which shall have no more than two service bays, and may engage in minor motor vehicle repair. MOTOR VEHICLE PARTS STORE. Any building or premise used for the purpose of selling and storing any component, product or system of an automobile, motorcycle or truck vehi cle. MOTOR VEHICLE REPAIR, MAJOR. General repair, rebuilding or reconditioning of engines, motor vehicles or trailers, including body work, frame work and major painting service. MOTOR VEHICLE REPAIR, MINOR. The replacement of any part or repair of any part including the removal of the engine head or pan, engine, transmission or differential; incidental body and fender work; minor painting and upholstering service when said service above stated is applied within an enclosed building. NONCONFORMITY. Nonconformity shall have the meaning given in the M.S. § 394.22, subd. 8, or successor statutes. NOXIOUS MATTER OR MATERIAL. Material capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects on the physical or economic well being of individuals. NURSING HOME. A place, residence, or home used for the boarding and care of elderly or infirm that are dependent upon the services of others. OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property. OFFICE. A building or portion of a building wherein services are performed involving predominantly administration, professional or clerical operations. OFFICIAL CONTROL. Means legislatively defined and enacted policies, standards, precise detailed maps, and other criteria all of which control the physical development of a municipality or a county or any part thereof or any detail thereof, and are the means of translating into ordinances all or any part of the general objections of the comprehensive plan. Such official controls may include but are not limited to ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes, housing codes and official maps. OFFICIAL MAP. Means a map adopted in accordance to Minnesota Statutes which may show existing roads and highways, future roads and highways and the area needed for widening existing public land and facilities and other land needed for future parks, playgrounds, schools, and other public buildings, civic centers, travel service facilities. OPAQUE. Impervious to the passage of light. OPEN SALES LOT. Land devoted to the display of goods for sale, rent, lease, advertising or trade where such goods are not enclosed within a building but not including new or used cars or trucks. OPEN SPACE, COMMON. Open space within or related to a development designed and intended for the common use or enjoyment of the occupants of the development or the public at large. 33 Item 2. City of Columbia Heights – Ordinance 1711 Page 10 ORDINARY HIGH WATER MARK. Shall have the meaning given in M.S. § 103G.005, subd. 14; or successor statutes. OUTSIDE STORAGE. The keeping in an unroofed area of any goods, bulk material, other material, merchandise, or products for more than 24 hours. OVERLAY DISTRICT. A zoning district that encompasses one or more primary zoning districts, or portions thereof, and that imposes additional requirements above and beyond those required by the primary zoning district. PARCEL. An area of land that may be designated by platting, by metes and bounds descriptions, by a registered land survey, by auditor's subdivision, or other acceptable means, which distinguishes it from other parcels. PARKING, JOINT. The development and use of a parking space or parking lot by two or more separate uses. PAWNBROKER. A person who loans money on deposit or pledge of personal property or other valuable items or who deals in the purchasing of personal property or other valuable items on condition of selling the same back again at a stipulated price or who loans money secured by security interest on personal property or any part thereof. PAWN SHOP. A business establishment operated by a pawnbroker. PEDESTRIAN WAY. A public or private right-of-way, across or within a block that provides access for pedestrians. PERFORMANCE STANDARD. Criterion established to control noise, odor, radiation, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings. PERSONS. Any individual, firm, partnership, corporation, company, association, joint stock association or body politic; includes any trustee, receiver, assignee, or other similar representative thereof. PLACE OF WORSHIP. A building, together with its accessory buildings and uses, where persons regularly as semble for religious worship and which buildings and uses are maintained and controlled by a religious body organized to sustain regular public worship. PLANNED UNIT DEVELOPMENT. Planned unit development means a type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent or lease, and usually involving a mix of land use, structure types and other design development details specific to the site or project goals. PLAT. A map depicting the division or subdivision of land into lots, blocks, parcels, tracts or other portions thereof. PLAT, FINAL. A drawing of a permanent nature showing the precise location and dimensions of such features as streets, lots, easements and other elements pertinent to transfer of ownership and prepared for permanent record. PLAT, PRELIMINARY. A drawing showing the proposed general pattern of streets, lots, and land uses within a tract of land to be subdivided. PRECIOUS METALS. Gold, silver or platinum. PRECIOUS METALS DEALER. Any person, partnership or corporation, either as principal or agent, who engages in the business of buying or selling secondhand items containing precious metal, including but not limited to jewelry, watches, coins, eating utensils, candlesticks, decorative objects and ingots. PRECIOUS METALS DEALERSHIP. Any business establishment operated by a precious metals dealer. PUBLIC WATERS. Public waters shall have the meaning given in M.S. § 103G.005, subd. 15, or successor statutes. RAMP. A structure attached to a principle or accessory building which is constructed at a slope that meets the Uniform Building Code requirements for the purposes of providing access to a building. REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or manmade obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. RECREATIONAL FACILITY (INDOOR AND OUTDOOR). Clubhouses, swimming pools, tennis courts, trails and similar facilities used by the general public for exercise, sports or entertainment. REGIONAL FLOOD. A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100- year recurrence interval. Regional flood is synonymous with the term base flood used in the flood insurance study. RESIDENTIAL CARE FACILITY. A licensed public or private facility, which, for gain or otherwise, regularly provides one or more dependents with 24-hour-a-day substitute for the care, food, lodging, training, supervision, rehabilitation, 34 Item 2. City of Columbia Heights – Ordinance 1711 Page 11 and treatment they need, but which for any reason cannot be furnished in the dependent’s own home. The term includes facilities that are licensed by the Minnesota Department of Health, foster homes, resid ential treatment facilities, maternity shelters, group homes, schools for challenged children, and homes for battered children or spouses. Such term shall not include any facility eligible for licensure by the Minnesota Department of Corrections. RESIDENTIAL CARE FACILITY, CORRECTIONAL. A licensed public or private facility, which, for gain or otherwise, regularly provides one or more dependents with 24-hour-a-day substitute for the care, food, lodging, training, supervision, rehabilitation, and treatmen t they need, but which for any reason cannot be furnished in the dependent’s own home. The term includes facilities that are licensed by the Minnesota Department of Health, foster homes, residential treatment facilities, maternity shelters, group homes, sc hools for challenged children, and homes for battered children or spouses. Such term shall also include any facility eligible for licensure by the Minnesota Department of Corrections. RESIDENTIAL USE BUILDING. A dwelling, boarding, lodging, rooming, fraternity or sorority house, or a dormitory unit. RESTAURANT. An establishment engaged in the preparation and retail sale of food and beverages, which is characterized by table service to customers and does not meet the definition of a fast food restauran t. RESTAURANT, FAST FOOD. An establishment whose design or principal method of operation includes at least five of the following characteristics. (1) Less than 50% of the gross floor area is devoted to customer dining. (2) A permanent menu board is provided from which to select and order food. (3) If a chain or franchised restaurant, standardized floor plans are used over several locations. (4) Customers pay for food before consuming it. (5) A self-serve condiment bar is provided. (6) Trash receptacles are provided for self-serve bussing. (7) Furnishing plan indicates hard-finished stationary seating arrangement. (8) Most main course food items are substantially cooked on the premises and packaged in individual, non- reusable containers. (9) In addition, any restaurant with a drive-through facility shall be considered a fast food restaurant. RIGHT-OF-WAY. An area or strip of land, either public or private, upon which a right -of-passage has been recorded for the use of vehicles, including trains, or pedestrians or both. ROAD. A public right-of-way affording primary access by pedestrians and vehicles to abutting properties, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, service road, place or however otherwise designated. ROOF-MOUNTED SOLAR ENERGY SYSTEM: A solar photovoltaic system mounted on a rack that is ballasted on, or is attached to, the roof of a building or structure. Roof-mount systems are accessory to the primary use. ROOF HEIGHT, FLAT. The height of a flat roof is measured as the average finished grade to the highest point on the roof (see example below): 35 Item 2. City of Columbia Heights – Ordinance 1711 Page 12 ROOF HEIGHT, PITCHED. The height of a pitched roof is measured at the average finished grade to the mean distance between the eaves and the highest point of the roof (see example below): ROOF HEIGHT, MANSARD. The height of a mansard roof is measured as the average finished grade to the highest peak on the mansard roof (see example below): 36 Item 2. City of Columbia Heights – Ordinance 1711 Page 13 ROOF HEIGHT, OTHER. All other roof heights are measured as the average finished grade to the highest point or area on the roof. ROOF LINE. The uppermost line of the roof of a building or, in the case of an extended facade, the uppermost height of said facade. ROOMER. A person who is not a member of the family occupying a room for a charge. ROOMING HOUSE. A residential structure that offers a room or rooms without kitchen facilities for rent. SAMPLING, TOBACCO. The lighting, inhalation, or combination thereof of tobacco, tobacco paraphernalia, or tobacco-related products for the purpose of testing a tobacco product prior to the sale of such product. SEMI-PUBLIC USE. The use of land by a private, non-profit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization. SETBACK. The minimum horizontal distance between a building or structure and a right -of-way, property line, ordinary high water level, or other specified facility. SEWER SYSTEM. Pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial wastes or other waste s to a point of ultimate disposal and/or treatment. SHOPPING CENTER. A group of four or more commercial uses that has either common management or ownership, or has a contiguous gross retail area of 20,000 square feet or more. SHORE IMPACT ZONE. The land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50% of the required structure setback for the applicable lake or river classification. SHORELAND. Shoreland shall have the meaning given in M.S. § 103F.205, subd. 4, or successor statutes. SIGN. A structure, device, advertisement, advertising device or visual representation intended to advertise, identify or communicate information to attract the attention of the public for any purpose and without prejudice to the generality of the foregoing. A sign includes any symbols, letters, figures, graphics, or forms painted or otherwise affixed to a building or structure intended to attract the attention of the public for any purpose. This definition includes a structural or nonstructural device that borders, illuminates, animates or projects the visual representation. (1) SIGN AREA. The entire area within a single continuous perimeter enclosing the extreme limits of such sign. Such perimeter shall, in no case, pass through or between any adjacent elements of such sign. In the case of a sign designed with more than one exterior surface, the area shall be computed as including only the maximum single 37 Item 2. City of Columbia Heights – Ordinance 1711 Page 14 display surface, which is visible from any ground position at one time. The supports, uprights, or structures on which any sign is supported, which do not form an integral part of the display, are not included in the sign area. (2) SIGN, MAXIMUM HEIGHT. Refers to the vertical distance measured from the nearest finished grade to the top of such a sign. (3) SIGN, MINIMUM HEIGHT. Shall refer to the vertical distance measured from the nearest finished grade to the lower limit of such sign. (4) SIGN STRUCTURE. The structure which supports or is capable of supporting any sign, including the framework, braces, uprights, and supports of such signs. Said definition shall not include a building to which the sign is attached. SIGN ALTERATION. A change of copy area, size, or location exclusive of routine maintenance, painting or change of the copy itself. SIGN, ANIMATED. A sign that includes action or motion effected through mechanical or electrical means or wind, exclusive of flashing, changing and indexing sign s. SIGN, AREA IDENTIFICATION. A sign identifying a shopping center or multiple dwelling units. SIGN, BILLBOARD. A non-accessory sign for the purpose of advertising a product, event, person, subject or service not entirely or directly related to the premises on which said sign is located, including a sign for the purpose of advertising the availability for rental or sale of the sign itself. SIGN, CANOPY, AWNING OR MARQUEE. A sign suspended from or forming part of the canopy, awning, or marquee that does not extend horizontally beyond such canopy, awning or marquee. SIGN, CHANGEABLE COPY. A sign employing detachable copy, letters or symbols which may be altered, substituted or rearranged to convey varying messages, regardless of method of attachment. SIGN, CHANGING. A sign which displays copy changes, such as an electronically or electrically controlled public service, time and temperature sign, message center or reader-board. SIGN, COPY. The letters, symbols, or other representatives used on a sign to convey a message. SIGN, COPY AREA. That portion of the sign which contains the copy and to which the copy is applied. SIGN, DIRECTIONAL. An on-premise sign designed to guide or direct pedestrian or vehicular traffic. SIGN, DYNAMIC LED. Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components. This includes a display that incorporates a technology or method allowing th e sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any moving, flashing, blinking, or animated display and any display that incorporates LED lights manipulated through digital input, “digital ink” or any other method or technology that allows the sign face to present a series of images or displays. SIGN, ELECTRIC. A sign that uses electrical wiring on, in or near such sign to effect illumination. SIGN, FLASHING. A sign that contains flashing lights or exhibits discernable and purposeful changes in light intensity or color. SIGN, FREE-STANDING. A permanent sign which is not affixed to any part of a building or structure and which is supported by upright brace(s) or post(s) placed in the ground. SIGN, IDENTIFICATION. A sign which is limited to the name, address and number of a building, structure, institution, or person in addition to the activity carried on in the building, structure or institution, or the occupat ion of the person. SIGN, ILLUMINATED. A sign designed to give forth or reflect any artificial light, either directly from a source of light incorporated in or connected with such sign, or indirectly from an artificial source in the immediate proximity t hereof. SIGN, INCIDENTAL. A small sign less than two square feet in area of a noncommercial nature, intended primarily for the convenience of the public, including signs designating rest areas and public telephones. SIGN, INSTITUTIONAL. A sign used by an institution. 38 Item 2. City of Columbia Heights – Ordinance 1711 Page 15 SIGN, MONUMENT. A permanent freestanding sign which is not affixed to any part of a building or structure and which is typically constructed of masonry, concrete, wood or other decorative type material to complement the surrounding area. SIGN, POLITICAL. A sign which states the name, slogan and/or picture of an individual seeking election to a public office, or which pertains to a public election or referendum, or which relates to or advocat es political views or policies. SIGN, PORTABLE. A sign that is not permanently attached to the ground or to a building or structure. SIGN, PROJECTING. A sign which extends outward from the wall of a building or structure more than 18 inches, and is supported by or suspended from such wall. SIGN, REAL ESTATE. A sign offering land and/or buildings for sale, lease or rental, located on such property. SIGN, REVOLVING. A sign, any part of which turns, rotates, or revolves. SIGN, ROOF. A sign which is painted on, affixed to, or erected upon the roof or parapet of a building or structure of which any portion in situated on or above the roof level of such building or structure and is wholly or partially supported by said building or structure. SIGN, SANDWICH BOARD. A freestanding “A” frame sign, not requiring staking to the ground, placed near the entrance of a retail store to direct pedestrians to that business. SIGN, TEMPORARY. A sign, banner, pennant, valance, or advertising device intended to be displayed for a limited period of time, whether portable or attached to the principal structure. SIGN, TIME AND TEMPERATURE. A sign that displays only time and temperature information. SIGN, VARIABLE ELECTRONIC MESSAGE. A dynamic LED sign that changes its message more frequently than once every ten seconds for commercial and industrial properties located in the LB, GB, CBD, I-1 and I-2 zoning districts and a dynamic LED sign that changes its message more frequently than once every 10 minutes for r eligious and/or educational institutions located in the R-1, R-2A, R-2B, R-3, R-4, LB and PO zoning districts. SIGN, WALL. An identification sign affixed to or painted on the wall of a building or structure with the exposed face of the sign in a plane parallel to the plane of said wall. SIGN, WINDOW. A sign painted on, placed in, or affixed to any window, exclusive of merchandise on display. SIGNIFICANT HISTORIC SITE. An archaeological site, standing structure, or other property that meets the crit eria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites or is determined to be an unplatted cemetery that falls under the provisions of the M.S. § 307.08; or successor statutes. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listi ng after review by the Minnesota State Archaeologist or the director of the Minnesota Historical Society. SMOKE SHOP. A retail establishment that has obtained an appropriate license, in which greater than 90% of the business’s gross revenue must be from the sale of tobacco, tobacco products or smoking related accessories. SOLAR ENERGY SYSTEM: A device, array of devices, or structural design feature, the purpose of which is to provide for generation or storage of electricity from sunlight, or the collection, storage, and distribution of solar energy for space heating or cooling, daylight for interior lighting, or water heating. SOLAR PHOTOVOLTAIC SYSTEM: A solar energy system that converts solar energy directly into electricity, the primary components of which are solar panels, mounting devices, inverters, and wiring. SPECIFIED ANATOMICAL AREAS. Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breasts below a point immediately above the top of the areola: and human male genitals in a discernibly turgid state, even if completely and opaquely co vered. SPECIFIED SEXUAL ACTIVITIES. Activities including: (1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or, (2) Clearly depicted human genitals in the 39 Item 2. City of Columbia Heights – Ordinance 1711 Page 16 state of sexual stimulation, arousal or tumescence; or, (3) Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; or, (4) Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or, (5) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons; or, (6) Erotic or lewd touching, fondling or other sexually -oriented contact with an animal by a human being; or, (7) Human excretion, urination, menstruation, vagin al or anal irrigation. STORY. That portion of a building included between the surface of any floor and the surface of the floor next above it; or if there is no floor above, the space between the floor and the ceiling next above. A basement shall be cou nted as a story. STREET. A public right-of-way not less than 50 feet in width which affords a primary means of access to abutting property. STRUCTURAL ALTERATION. Any change, other than incidental repairs, which would prolong the life of the supporti ng members of a building, such as bearing walls, column beams, girders, or foundations. STRUCTURE. Anything constructed or erected, the use of which requires more or less permanent location on the ground or attachment to something having a permanent location on the ground. When a structure is divided into separate parts by an unpierced wall, each part shall be deemed a separate structure. Amending Accessory Building/Structure and Structure definitions to explicitly state that solar equipment and installa tions are not considered to be structures. SUBDIVISION. Land that is divided for the purposes of sale, rent, or lease and including planned unit developments. SWIMMING POOL, ABOVE-GROUND. All swimming pools that are constructed so that the edge of the pool is greater than three and one-half feet above ground grade or has a capacity of more than 3,000 gallons of water. SWIMMING POOL, HOT TUB. All pools that are intended for hydro-therapeutic massage and relaxation purposes that have a capacity of less than 750 gallons of water, including such pools generally constructed with a filter unit(s), pump(s), water jet(s), molded seating and a heating unit(s). Any hot tub greater than 750 gallons of water shall be considered an above-ground pool for regulatory purposes. SWIMMING POOL, IN-GROUND. All swimming pools constructed so that the pool edge is level with the ground grade. SWIMMING POOL, PORTABLE. Any temporary pool designed for easy construction and removal with a maximum height of 3.5 feet or a capacity of less than 3,000 gallons of water. TWINHOME. A single-family residential dwelling on an individual lot, sharing a common wall with another single - family residential dwelling. USE. The purpose or activity for which the land, structure or building thereon is designed, arranged, or intended, or for which it is occupied or maintained. USE, CONDITIONAL. Either a public or private use as listed which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district. USE, INTERIM. A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. USE, PERMITTED. A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and performance standards of such district. USE, PRINCIPAL. The main use of land or buildings. VENDING MACHINE. Any coin operated device that dispenses a product or service without an attendant. WALL SURFACE. The total horizontal area of the building face, including windows and door areas, measured to the extreme outer limits of such wall surface. 40 Item 2. City of Columbia Heights – Ordinance 1711 Page 17 YARD. A required open space on a lot, which is unoccupied and unobstructed by a structure from its lowest ground level to the sky except as expressly permitted in this article. A yard shall extend along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located. YARD, FRONT. A yard extending along the full width of the front lot line between side lot lines and extending from the abutting front street right-of-way line to a depth required in the yard regulations for the district in which such lot is located. YARD, REAR. A yard extending along the full width of the :rear lot line between the side lot lines and extending toward the front lot line for a depth as specified in the yard regulations for the district in which such lot is located. YARD, SIDE. A yard extending along a side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which such lot is located. ZONING ADMINISTRATOR. Person appointed by the City Manager as provided by this article. ZONING DISTRICT. An area or areas within the limits of the city for which the regulations and requirements governing use are uniform. Section 3. The following language for General Development Standards is added, amended and deleted as provided in Section 9.106 of the City Code of 2005, is hereby established to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (A) General provisions. (1) Purpose. The purpose of this section is to establish regulations of general applicability to property throughout the city, to promote the orderly development and use of land, to minimize conflicts between uses of land, and to protect the public health, safety and welfare. (2) Applicability. The regulations set forth in this section shall; apply to all structures and uses of land, except as otherwise provided in this article. (B) Lot controls. (1) Purpose. Lot controls are established to provide for the orderly development and use of land, and to provide for adequate light, air, open space and separation of uses. (2) Use of lots. All lots shall be used in a manner consistent with the requirements of the zoning district in which the property is located. No part of any existing lot shall be used as a separate lot or for the use of another lot, except as otherwise provided in this article. (3) Lot divisions. No lot shall be divided into two or more lots unless all lots resulting fro m such division conform to all applicable regulations of this article. (4) Lots of record. A lot of record shall be deemed a buildable lot provided it has frontage on a public right -of- way and meets the setback and area requirements for the district in which it is located, or adjusted to conform as follows: a lot or lot of record upon the effective date of this article which is in a residential district and which does not meet the requirements of this article as to area or width, may be utilized for single-family detached dwelling purposes provided the measurements of such lot meets 100% of the front yard, side yard and rear yard setback requirements for the district in which it is located and 60% of the minimum lot area or lot width requirements for the district in which it is located. 41 Item 2. City of Columbia Heights – Ordinance 1711 Page 18 (5) Principal buildings in residential districts. There shall be no more than one principal building on a lot in any residential district, unless otherwise provided for through a mixed use planned development. (6) Principal buildings in non-residential districts. There may be more than one principal building on a lot in non- residential districts, provided each building meets all of the requirements, including setbacks, of the district in which it is located. (7) Required yards. Yard requirements shall be as specified for the zoning district in which the lot is located. No yard or other open space shall be reduced in area or dimension so as to make such yard or other open space less than the minimum required by this article. If the existing yard or other open space is less than the minimum required, it shall not be further reduced. In addition, no required yard or other open space allocated to a building or dwelling group shall be used to satisfy yard, open space, or minimum lot area requirements for any other structure or lot. (8) Setback exception in residential districts. In any residential district where the average depth of the front yard for buildings within 200 feet of the lot in quest ion and within the same block front is lesser or greater than that required by article, the required front yard for the lot in question shall be the average plus or minus 10% of the depth; however, the depth of the required front yard shall not be less than 10 feet nor more than 50 feet. (9) Corner lots. For corner lots, the shorter lot line abutting a public street shall be deemed the front lot line for purposes of this article, and the longer lot line abutting a public street shall be deemed a side lot line. (10) Through lots. For through lots, both lot lines that abut a public street or other right -of-way shall be deemed front lot lines for purposes of this article, and the required front yard shall be provided along each front lot line . (11) Yard encroachments. The following uses shall not be considered as encroachments into required yards, provided they are not located closer than one foot to the property line, except for fences: (a) Cornices, canopies, awnings, eaves, bay windows and other ornamental features, provided they do not extend more than three feet into the required yard. (b) Chimneys, air conditioning units, fire escapes, uncovered stairs, ramps and necessary landings, provided they do not extend more than four feet into the required yard. (c) Fences constructed and maintained in accordance with the applicable provisions of this article. (d) Driveways and parking areas constructed and maintained in accordance with the applicable provisions of this article. (e) Accessory buildings constructed and maintained in accordance with the applicable provisions of this article. (f) Mechanical equipment constructed and maintained in accordance with the applicable provisions of this article. (g) Signs constructed and maintained in accordance with the applicable provisions of this article. (h) Private swimming pools, tennis courts, basketball courts or other private recreational facilities constru cted and maintained in accordance with the applicable provisions of this article. (12) Traffic visibility. No planting, structure or other obstruction shall be placed or allowed to grow on corner lots in a manner that will impede vision on the intersecting rights-of-way, in accordance with the following sight triangles: 42 Item 2. City of Columbia Heights – Ordinance 1711 Page 19 (a) Street intersections. No planting or structure in excess of 30 inches above the abutting curb line shall be permitted within the sight triangle, defined as the area beginning at the intersection of the projected curb line of two intersecting streets, then 30 feet along one curb line, diagonally to a point 30 feet from the point of beginning on the other curb line, then back to a point of beginning. (b) Street and alley intersections. No planting or structure in excess of 30 inches above the abutting curb line shall be permitted within the sight triangle, defined as the area beginning at the point of intersection of the projected curb line and the alley right-of-way, then 30 feet along the street curb line, diagonally to a point 15 feet from the point of beginning along said alley right-of-way or projection of the alley right-of-way, then back to the point of beginning. (c) Alley and alley intersections. No planting or structure in excess of 30 inches above the nearest edge of the traveled right-of-way shall be permitted within the sight triangle, defined as the area beginning at the point of intersection of the two alley right-of-way lines, then 15 feet along one alley right-of-way line, then diagonally to a point 15 feet from the point of beginning along the second alley right-of-way line, then back to the point of beginning. Any structures existing within this sight triangle shall be deemed nonconform ing structures in accordance with the provisions of § 9.105. (13) Height limitations. The building and structure height limitations established for each zoning district shall apply to all buildings and structures, except that such height limitation s may be increased by 50% when applied to the following: (a) Church spires, steeples or belfries. (b) Chimneys or flues. (c) Cupolas and domes which do not contain usable space. (d) Towers, poles or other structures for essential services. (e) Flag poles. (f) Mechanical or electrical equipment, provided said equipment does not occupy more than 25% of the roof area, with exception tosolar and other renewable energy equipment. (g) Television and ham radio antennas. (h) Monuments. (i) Telecommunication towers constructed in accordance with the provisions of § 9.106(O). (C) Accessory uses and structures. (1) Accessory structures, residential uses. The following standards shall regulate the construction and maintenance of residential accessory structures: (a) Each residentially zoned parcel shall be allowed two detached accessory structures. (b) No accessory structure shall be constructed or located within any front yard. (c) Accessory structures for one- and two-family dwellings shall be set back a minimum of three feet from the side lot line, and a minimum of three feet from the rear lot line, a minimum of five feet from any other building or 43 Item 2. City of Columbia Heights – Ordinance 1711 Page 20 structure on the same lot, and behind the principal structure building line in the front yard. Solar and other renewable energy equipment are subject to the setback requirements for accessory structures, but are not considered buildings or structures. (d) An accessory structure shall be considered an integral part of the principal structure if it is connected to the principal building by a covered passageway. (e) An accessory structure, or any combination of accessory structures, storage sheds and attac hed garages, shall not exceed 1,000 square feet in area. (f) Unless a height limitation is specifically stated, the height of an accessory structure shall not exceed the lesser of: 1. The height of the principal structure; 2. 12 feet above average finished grade for flat roofs; 3. 18 feet above average finished grade for pitched roofs, mansard roofs, and all other roofs. (g) Where the natural grade of the lot is 10 feet or more above or below the established curb level at the front building setback and access from an alley is not available, an accessory structure for the storage of not more than two automobiles may be constructed within any yard, provided that at least one -half of the height is below grade level and the accessory structure is set back a minimum of 20 feet from any right-of-way. (h) The exterior color and design of an accessory structure shall be similar to the principal structure. Corrugated metal siding and roofs shall be prohibited. (i) Whenever a garage is so designed that the vehicle entry door(s) are facing a street or alley, the distance between the door(s) and the lot line shall be no less than 20 feet for lots greater than 6,500 square feet, and shall be no less than 15 feet for lots 6,500 square feet or less. (j) Accessory structures for multiple-family dwellings shall be placed in the rear yard and shall be subject to the same height and exterior finish regulations as the principal structure for the district in which it is located, in addition to the requirements of this section. (k) Any accessory structure capable of storing one or more motorized vehicle shall be provided with a hard - surfaced access driveway, no less than 12 feet in width, to an adjacent public street or alley, and shall be no less than 20 by 20 in size. (l) Accessory buildings shall not be located within any utility or drainage easement. (2) Accessory structures, non-residential uses. The following standards shall regulate the construction and maintenance of non-residential accessory structures: (a) All accessory structures shall be subject to the sane setback, height and exterior finish regulations as a principal structure for the district in which it is located. (b) The height of an accessory structure shall not exceed the height of the principal structure. (c) All multiple story and accessory structures over 200 square feet in area shall require a building permit from the city. 44 Item 2. City of Columbia Heights – Ordinance 1711 Page 21 (3) Home occupations. Home occupations are allowed in residential districts, subject to the following standards: (a) The home occupation shall be clearly incidental and subordinate to the residential use of the propert y. Exterior alterations or modifications that change the residential character or appearance of the dwelling, any accessory building or the property itself shall not be allowed. (b) Only persons residing on the premises and no more than one nonr esident employee shall be engaged in the conduct of the home occupation on the premises at any given time. (c) There shall be no outside storage of products, materials or equipment used in conjunction with the home occupation. (d) The home occupation must be conducted within the principal residential structure and/or up to 30% of the floor area of an accessory building or attached garage. (e) The required off-street parking for the residential use shall not be reduced or made unusable by the home occupation. (f) The home occupation shall not generate excessive traffic or parking that is detrimental to the character of the neighborhood. (g) Shipment and delivery of products, merchandise or supplies shall be by single rear axle straight trucks or similar delivery trucks normally used to serve residential neighborhoods. (h) There shall be no indications of offensive noise, odor, smoke, heat, glare, vibration, or electrical interference at or beyond the property line of the home occupation. (i) Signage for the home occupation shall be limited to one non-illuminated sign, not exceeding two square feet in area and attached to the wall of the residential dwelling. (j) The home occupation shall meet all applicable fire and building codes, as well as any other applicable city, state or federal regulations. (k) The following home activities shall be prohibited as home occupations: 1. The operation of any wholesale or retail business unless it is conducted entirely by mail and does not involve the sale, shipment or delivery of merchandise on the premises. The sale of products incidental to the delivery of a service is allowed. 2. Any manufacturing, welding, machine shop or similar use. 3. Motor vehicle repair, either major or minor. 4. The sale, lease, trade or transfer of firearms or ammunition. 5. Headquarters or dispatch centers where persons come to the site and are dispatched to other locations. (l) All home occupations shall be subject to a one-time registration with the city, on a form as required by the Zoning Administrator and with a fee as determined by the City Council. (4) Private swimming pools and courts. All private swimming pools, tennis courts, ball courts and other private recreational facilities are subject to the following standards: 45 Item 2. City of Columbia Heights – Ordinance 1711 Page 22 (a) The facility is not operated as a business or private club. (b) The facility is not located within any required front or side yard. (c) The facility is set back at least five feet from any property line, including any walks, paved areas or related structures or equipment. (d) For swimming pools, the pool itself, the rear yard, or the entire property shall be enclosed by a non - climbable wall, fence or combination thereof at least six feet in height, with a self - closing gate capable of being secured with a lock so as to prevent uncontrolled access by children. If the only access is through a principal or accessory structure, such point of access shall be lockable. In the case of above -ground pools, pool sides that are vertical may contribute to the required fencing, provided all points of acces s are controlled to prevent access by children, including the removal of all ladders or stairs whenever the pool is not in use. (e) For in-ground pools, the pool is set back at least six feet from the principal structure. (f) Hot tubs shall not be located within five feet of any side yard or rear lot line, or within any required front yard. Such pools may be equipped with a child-resistant, lockable cover in lieu of a six-foot tall fence. Hot tubs are permitted on attached or detached decks if it can be proven that the deck is engineered to be structurally sound enough to support the bearing load of the hot tub. (g) Portable pools shall not be located within five feet of any side or rear lot line, or within any required front yard. Such pools may be equipped with a child resistant cover in lieu of a six-foot tall fence. Any ladder or other means of entry into a portable pool shall be detachable and placed so that no child can gain entry into the pool without the owner’s consent. Portable pools shall not be in place longer than six months in a calendar year. (h) Lighting shall be so oriented so as not to cast light on adjacent properties. (i) The facility shall not be located within any drainage or utility easement. (j) Any accessory mechanical apparatus shall be located at least 30 feet from any residential structure on an adjacent lot. (k) All swimming pools containing more than 3,000 gallons or with a depth in excess of 42 inches (3.5 feet) shall require a building permit from the city. (5) Trash handling equipment. For all uses other than one- and two-family dwellings, trash and/or recycling collection areas shall be enclosed on at least three sides by an opaque screening wal l or fence no less than six feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. (6) Mechanical equipment. Mechanical equipment, other than that accessory to one- and two- family dwellings, shall be placed and/or screened so as to minimize the visual impact on adjacent properties and from public streets. Screening may be accomplished through the use of walls or other design features that are architecturally compatible with the principal structure, screening vegetation, integrated parapet walls of sufficient height, or other means as approved by the Zoning Administrator. (D) Dwellings. (1) General requirements. The following standards shall apply to all dwelling units within the city: (a) All single-family dwelling units shall be a minimum of 20 feet wide at the narrowest point. 46 Item 2. City of Columbia Heights – Ordinance 1711 Page 23 (b) No recreational vehicle shall be used at any time as a dwelling unit. (c) No basement dwelling (basements without upper floors) shall be used at any time as a dwelling unit. (2) Floor area requirements. The following floor area requirements shall apply to all dwelling units within the city: (a) One-story dwellings shall have a minimum floor area of 1,020 square feet, plus 120 square feet for each additional bedroom over three. The floor area may be reduced to 960 square feet if the lot size is 6,500 square feet or less. (b) One and one-half and two story dwellings shall have a minimum floor area of 550 square feet on the main floor, with a total above grade minimum finished floor area of 1,020 square feet. (c) Split-level dwellings shall have a minimum floor area of 1,020 square feet, plus 120 square feet for each additional bedroom over three. The floor area may be reduced to 960 square feet if the lot is 6,500 square feet or less. (d) Split entry dwellings shall have a minimum floor area of 1,020 square feet, plus 120 square feet fo r each additional bedroom over three. The floor area may be reduced to 960 square feet if the lot is 6,500 square feet or less. (e) Two-family dwellings (duplexes) and town homes shall have a minimum floor area of 750 square feet per unit, plus 120 square feet for each additional bedroom over two. (f) Efficiency apartments shall have a minimum floor area of 400 square feet per unit. (g) One-bedroom apartments shall have a minimum floor area of 600 square feet per unit. (h) Two-bedroom apartments shall have a minimum floor area of 720 square feet per unit. (i) Apartments with more than two bedrooms shall have a minimum floor area of 720 square feet per unit, plus 120 square feet for each additional bedroom over two. (3) Accessory Dwelling Units (a) An accessory dwelling unit shall only be a permitted accessory use to any lot with a detached single -family dwelling. (b) No accessory dwelling unit shall be permitted upon a lot on which more than one residential dwelling is located and no more than one accessory dwelling unit shall be permitted per lot. (c) The accessory dwelling unit shall not be sold or conveyed independently of the principal residential dwelling and may not be on a separate tax parcel or subdivided through any means. (d) Either the ADU or the principal dwelling shall be occupied by the property owner and a restriction shall be recorded against the property requiring owner occupancy for at least one of the units; a rental license for the non-owner-occupied unit is required. (e) Both the single-family dwelling and the accessory dwelling unit, together, shall provide adequate off-street parking on the lot; parking spaces may be garage spaces or paved outside parking spaces. 47 Item 2. City of Columbia Heights – Ordinance 1711 Page 24 (f) Accessory dwelling units must contain habitable space based on the adopted MN Building Code and be a minimum of 250 square feet and a maximum of 50% of the total floor area of the principal dwelling up to 1,000 square feet. (g) ADUs in Minnesota must adhere to the Minnesota State Building Code, which includes fire separation for attached units, safe egress and entrances, and proper water and sewer connections. (h) Accessory dwelling units within or attached to the principal structure shall conform to Zoning Code stand ards for single family dwellings, including but not limited to setback, height, impervious surface, curb cut and driveway, and accessory structure standards if the unit is detached. The accessory dwelling unit is subject to current Building, Plumbing, Electrical, Mechanical, and Fire Code provisions including maintaining emergency access to both units. (E) Fences. (1) General requirements. The following standards shall apply to all fences: (a) Fences may be constructed, placed or maintained in any yard or adjacent to a lot line in accordance with the requirements of this section. (b) The owner of the property upon which the fence is located shall be responsible for locating all property lines prior to constructing said fence. (c) All fence posts and supporting members shall be placed within the property lines of the property on which they are located. (d) All fences shall be situated so that they can be maintained from within the property boundaries of the property on which they are located. (e) All fences shall be constructed so that the finished side or more attractive side of the fence faces the adjacent property or right-of-way. (f) Fences, freestanding walls, and retaining walls shall be constructed in a substantial and workmanlike manner to withstand conditions of soil, weather and use, and of substantial material reasonably suited for the purpose for which the fence, freestanding wall or retaining wall is proposed to be use d. No previously used materials may be used in any fence. All fences shall be constructed of the following approved fencing materials: 1. Galvanized or vinyl coated woven fabric - minimum 11 1/2 gauge, with two-inch minimum mesh, with knuckles up and cut edge down. 2. Approved vinyl fencing materials. 3. Treated wood or wood of natural materials resistant to decay. (g) Retaining walls or freestanding walls shall be constructed in the following manner: 1. Retaining walls and cribbing shall be used to stabilize steep slopes or prevent erosion. 2. They shall be designed in accordance with sound engineering practice; including, but not limited to, a minimum four-inch concrete footing of appropriate width and drains of appropriate type, size and spacing. 48 Item 2. City of Columbia Heights – Ordinance 1711 Page 25 3. Cribbed slopes shall be appropriately planted if open-faced cribbing is used. 4. The retaining wall or freestanding wall shall be constructed in a manner that presents a finished appearance to the adjoining property where applicable. (h) All fences shall be maintained and kept in good condition. (i) Fence height shall be measured from the average grade to the top of the fence. In situations where a grade separation exists at the property line, the height of the fence shall be based on the measurement from the average point between the highest and lowest grade. (j) Barbed wire, razor wire and electric fences shall not be permitted in any zoning district. However, barbed wire may be permitted in industrially zoned districts and property used for public purposes through a Conditional Use Permit process. (k) Fences exceeding six feet in height shall require a building permit from the city. (2) Residential fences. The following standards shall apply to all fences constructed in any residential zoning district or directly adjacent to any residential zoning district: (a) No fence shall exceed seven feet in height. Fences exceeding six feet in height shall be deemed structures and shall require a Zoning Permit Review. (b) Fences along any rear property line that abut a public alley or street shall be located no closer than three feet from the alley or street right-of-way. (c) It shall be the responsibility of property owners with fences within recorded city easements to remove such fence at any time when access to the recorded city easement would require the removal of the fence. (d) A fence extending across or into the required front yard setback shall not exceed 42 inches (3.5 feet) in height; however, fences that are less than 50% opaque may be up to 48 inches (4 feet) in height. (3) Non-residential fences. The following standards shall apply to all fences constructed in any commercial or industrial zoning district: (a) No fence shall exceed eight feet in height. Fences exceeding seven feet in height shall be deemed structures and shall require a Zoning Permit Review. (b) A fence extending across or into the required front yard setback shall not exceed four feet in height. (c) A fence required to screen a commercial or industrial use from an adjacent residential use shall not exceed eight feet in height or be less six feet in height. In addition, said screening fence shall be no less than 80% opaque on a year round basis. (4) Fencing of play areas. For parks and playgrounds, either public or private and located adjacent to a public right-of-way or railroad right-of-way, a landscaped yard area no less than 30 feet in width, or a fence no less than 4 feet in height, shall be installed between the facility and th e right-of- way. (F) Essential services. (1) Purpose. The purpose of this section is to provide for the installation of essential services in a manner that does not adversely affect the public health, safety or welfare. 49 Item 2. City of Columbia Heights – Ordinance 1711 Page 26 (2) Essential services allowed by permit. The following essential services, when installed in any location in the city and installed primarily for the use of city residents, shall only require a permit from the City Engineer: (a) All communication lines. (b) Underground electrical transmission lines, overhead utility lines and electrical transmission lines intended to serve properties within the city. (c) Pipelines for distribution to individual properties within the city. (d) Substations with less than 33 KV. (e) Radio receivers and transmitters accessory to an essential service, when placed on an existing utility pole, tower or light standard. (3) Essential services requiring conditional use permit. The following essential services, when installed in any location in the city and not primarily for the use of city residents, shall require a conditional use permit in accordance with the provisions of § 9.104: (a) All overhead and underground transmission lines not required for the local distribution network. (b) All transmission pipelines. (c) Substations in excess of 33 KV. (d) Any pole or tower used exclusively for the placement of radio receivers or transmitters acces sory to an essential service. (e) Any essential service of which 75% of the service provided or produced is not intended to serve properties within the city. (f) Any essential service requiring a structure that exceeds the maximum height for the zoning district in which it is located. (g) Any essential service requiring easements other than easements granted to the public. (G) Temporary uses and structures. The following temporary uses and structures shall be permitted in all zoning districts unless specified otherwise, provided such use or structure complies with the regulations of the zoning district in which it is located and all other applicable provisions of this article: (1) Garage sales. Residential garage sales shall be limited to no more than two garage sales per property per calendar year, with the duration of each garage sale not to exceed three consecutive days at any residential location. (2) Construction sites. Storage of building materials and equipment or temporary building for construction purposes may be located on the site under construction for the duration of the construction. (3) Amusement events. Temporary amusement events, including the placement of tents for such events, may be allowed as a temporary use for a maximum of 15 days per calendar year. In residential districts, such temporary amusements shall be located on public or semi-public property only. (4) Promotional activities. Promotional activities involving the outdoor sale or display of merchandise may be allowed as a temporary use in non-residential districts for a maximum of 30 days per calendar year. 50 Item 2. City of Columbia Heights – Ordinance 1711 Page 27 (5) Other temporary uses. In addition to the temporary uses and structures listed above, the Zoning Administrator may allow other temporary uses and structures for a maximum of 15 days per calendar year, provided the said use or structure is substantially similar to the uses and structures listed herein. (H) Performance standards. (1) Purpose. These performance standards are established to minimize conflict between land uses, to preserve the use and enjoyment of property, and to protect the public health, safety and welfare. These standards shall apply to all uses of land and structures with the exception of solar and renewable energy equipment, and are in addition to any requirements applying to specific zoning districts. (2) In general. No use or structure shall be operated or occupied so as to constitute a dangerous, injurious or noxious condition because of noise, odors, glare, heat, vibration, air emissions, electromagnetic disturbance, fire, explosion or other hazard, water or soil pollution, liquid or solid waste disposal, or any other substance or condition. No use or structure shall unreasonably interfere with the use or enjoyment of property by any person of normal sensitivities. In addition, no use or structure shall be operated or occupied in a manner not in compliance with any performance standard contained in this article or any other applicable regulation. (3) Noise. All uses shall comply with the standards governing noise as adopted and enforced by the Minnesota Pollution Control Agency. (4) Odor emissions. All uses shall comply with the standards governing the odor emissions as adopted and enforced by the Minnesota Pollution Control Agency. (5) Vibration. Uses producing vibration shall be conducted in such a manner as to m ake the vibration completely imperceptible from any point along the property line. In addition, all uses shall comply with the standards governing vibrations as adopted and enforced by the Minnesota Pollution Control Agency. (6) Air emissions. All uses shall comply with the standards governing air emissions as adopted and enforced by the Minnesota Pollution Control Agency. (7) Glare and heat. Uses producing glare or heat shall be conducted within a completely enclosed building in such a manner as to make such glare and heat completely imperceptible from any point along the property line. In addition, all uses shall comply with the standards governing glare and heat as adopted and enforced by the Minnesota Pollution Control Agency. (8) Radiation and electrical emissions. All uses shall comply with the standards governing radiation and electrical emissions as adopted and enforced by the Minnesota Pollution Control Agency. (9) Waste material. All uses shall comply with the standards governing waste disposal as adopted and enforced by the Minnesota Pollution Control Agency. (10) Explosive and flammable materials. All uses involving the manufacture, storage or use of explosive or flammable materials shall comply with all applicable regulations, including, but not limited to, the Minnesota Building Code and the Uniform Fire Code, and shall meet the following requirements: (a) All uses involving the manufacture, storage or use of explosive or flammable materials shall employ best management practices and the provision of adequate safety devices to guard against the hazards of fire and explosion, and adequate fire-fighting and fire-suppression devices standard in the industry. 51 Item 2. City of Columbia Heights – Ordinance 1711 Page 28 (b) The manufacture or storage of any explosive or blasting agent, as defined in the Uniform Fire Code, shall be prohibited in all districts except the I-2, General Industrial District. (c) The storage of any flammable liquid shall be subject to the requirements established by the Uniform Fire Code and shall be reviewed by the State Fire Marshal. (11) Hazardous materials. All uses shall comply with the standards governing hazardous waste as adopted and enforced by the Minnesota Pollution Control Agency. (I) Storm water management. (1) Purpose. The purpose of this division is to promote, preserve and enhance the natural resources within the city and protect them from adverse effects occasioned by poorly sited development or incompatible activities by regulating land alterations or development activities that would have an adverse and potentially irreversible impact on water quality and unique and fragile environmentally sensitive land; by minimizing conflicts and encouraging compatibility between land alterations and development activities and water quality and environmentally sensitive lands; and by requiring detailed review standards and procedures for land alterations or development activities proposed for such areas, thereby achieving a balance between urban growth and development and protection of water quality and natural areas. (2) Definitions. For the purposes of this section, the following terms, phrases, words, and their derivatives shall have the meaning stated below. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directive. APPLICANT. Any person who wishes to obtain a building permit, preliminary plat approval or an excavation permit. CONTROL MEASURE. A practice or combination of practices to control erosion and attendant pollution. DETENTION FACILITY. A permanent natural or man-made structure, including wetlands, for the temporary storage of runoff which contains a permanent pool of water. EXCAVATION ACTIVITIES. Any excavation or filling activity as regulated by § 9.106(J). FLOOD FRINGE. The portion of the floodplain outside of the floodway. FLOODPLAIN. The areas adjoining a watercourse or water basin that have been or may be covered by a regional flood. FLOODWAY. The channel of the watercourse, the bed of water basins, and those portions of the adjoining floodplain that are reasonably required to carry and discharge floodwater and provide water storage during a regional flood. HYDRIC SOILS. Soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part. HYDROPHYTIC VEGETATION. Macrophytic plantlife growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. 52 Item 2. City of Columbia Heights – Ordinance 1711 Page 29 LAND ALTERATION. Any change of the land surface including, but not limited to, removing vegetative cover, excavating, filling, grading, and. the construction of utilities, roadways, parking areas and structures. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). The program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act (Sections 301, 318, 402, and 405) and United States Code of Federal Regulations Title 33, Sections 13 17, 1328, 1342, and 1345. PERSON. Any individual, firm, corporation, partnership, franchisee, association or governmental entity. PUBLIC WATERS. Waters of the state as defined in M.S. § 1036.005, subd. 15, as it may be amended from time to time. REGIONAL FLOOD. A flood that is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of a 100 - year recurrence interval. RETENTION FACILITY. A permanent natural or man-made structure that provides for the storage of storm water runoff by means of a permanent pool of water. SEDIMENT. Solid matter carried by water, sewage, or other liquids. STRUCTURE. Any manufactured, constructed or erected building including portable structures and earthen structures. SURFACE WATER MANAGEMENT DESIGN STANDARDS (SWMDS). Document stating the design criteria and specifications for the city’s storm water management program. WETLANDS. Lands transitional between terrestrial and aquatic: systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, wetlands must h ave the following attributes: 1. Have a predominance of hydric soils; 2. Are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and 3. Under normal circumstances support a prevalence of such vegetation. (3) Scope and effect. (a) Applicability. This section shall apply to any land alteration requiring any of the following permits or approvals: 1. A building permit for new multiple-family residential (three or more attached dwelling units), commercial, industrial, or institutional development; 2. A preliminary plat; 3. Land alteration permit as regulated by § 9.106 (J); 4. A building permit for a single-family or two-family residential dwelling except that only subdivisions (3) through (7) of this division shall apply; or 53 Item 2. City of Columbia Heights – Ordinance 1711 Page 30 5. Public improvement projects. 6. No building permit, preliminary plat, excavation permit or public improvement project shall be approved until approval of a storm water management plan has been obtained in strict conformance with the provisions of this section. 7. All projects disturbing one acre or greater of land will require the submittal of a storm water management plan. (b) Exemptions. The provisions of this section do not apply to: 1. Construction of a single-family or two-family dwelling or any structure or land alteration accessory thereto except that the provisions of subdivisions (3) through (7) of this division shall apply; 2. Any currently valid building permit, preliminary plat, excavation pe rmit, or public improvement project approved prior to the effective date of this article; 3. Construction of agricultural structures or land alterations associated with agricultural uses unless an excavation permit is required by § 9.106(J); 4. Installation of a fence, sign, telephone, and electric poles and other kinds of posts or poles; or 5. Emergency work to protect life, limb, or property. (4) Submission requirements–storm water management plan. A storm water management plan shall be submitted with all permit applications identified in § 9.106(I)(3). Storm water management plan submittal requirements are outlined in the city’s SWMDS. No building or land disturbing activity will be approved unless it includes a storm water management plan, detailing how runoff and associated water quality impacts resulting from development will be controlled or managed. (5) Plan review procedure. (a) Process. Storm water management plans meeting the req uirements of § 9.106(I) and the city’s SWMDS shall be reviewed by the Engineering Division in accordance with the standards of § 9.106(I)(6) and the city’s SWMDS. The Director of Public Works, or designee, shall approve, approve with conditions, or deny th e storm water management plan. (b) Duration. A storm water plan approved in accordance with this section shall become void if the corresponding building permit, excavation permit, preliminary plat, or public improvement project expires or becomes invalid. (c) Conditions. A storm water management plan may be approved, subject to compliance with conditions reasonable and necessary to insure that the requirements contained in this article are met. Such conditions may, among other matters, limit the size, kind or character of the proposed development, require the construction of structures, drainage facilities, storage basins and other facilities, require replacement of vegetation, establish required monitoring procedures, stage the work over time, require alteration of the site design to insure buffering, and require the conveyance, for storm water management purposes, to the city or other public entity of certain lands or interests therein. 54 Item 2. City of Columbia Heights – Ordinance 1711 Page 31 (d) Letter of credit. Prior to approval of any storm water management plan, the applicant shall submit a letter of credit or cash escrow to cover the estimated cost of site restoration. The letter of credit or cash escrow amount shall be in the amount specified by the current city SWMDS . (e) Amendment. A storm water management plan may be revised in the same manner as originally approved. (6) Approval standards. No storm water management plan which fails to meet the standards contained in this section shall be approved by the city. (a) General criteria for storm water management plans. 1. An applicant shall install or construct all storm water management facilities according the criteria outlined in the city’s SWMDS. 2. The applicant shall give consideration to reducing the need for storm water management facilities by incorporating the use of natural topography and land cover, such as wetlands, ponds, natural swales and depressions, as they exist before development, to the degree that they can accommodate the additional flow of water without compromising the integrity or quality of the wetland or pond. 3. The following storm water management practices shall be investigated in developing a storm water management plan in the following descending order of preference: a. Infiltration of runoff on-site, if suitable soil conditions are available for use; b. Flow attenuation by use of open vegetated swales and natural depressions; c. Storm water retention facilities; and d. Storm water detention facilities. 4. A combination of successive practices may be used to achieve the applicable minimum control requirements specified in subdivision 3. above. Justification shall be provided by the applicant for the method selected. (b) Specifications. At a minimum, applicants shall comply with all of the NPDES general construction storm water permit requirements. (c) Wetlands. Existing wetlands may be used for storm water management purposes, provided the following criteria are met: 1. The wetland shall not be classified as a Group I or II water within the City Water Resource Management Plan. 2. A protective buffer strip of natural vegetation, at least ten feet in width, shall surround all wetlands. 3. A sediment trapping device or area that is designed to trap sediments 0.5 millimeters in size or greater, with a trap volume size based upon a prescribed maintenance schedule, shall be installed prior to discharge of storm water into the wetlands. 4. The natural outlet control elevation of the wetlands, if it is not a DNR public water, shall not be changed, except when either i) the outlet is intended to restore the wetland to its original elevation, ii) the wetland basin is landlocked and the artificial outlet control is placed no lower than 1.5 feet below the ordinary high water mark, iii) 55 Item 2. City of Columbia Heights – Ordinance 1711 Page 32 the proposed level control is identified in the City Water Resource Management Plan, or iv) the level change is approved by a technical evaluation panel convened pursuant to the state Wetland Conservation Act of 1991 (WCA). 5. The water fluctuation from storm water shall not be increased over what occurs naturally, except as provided in subdivision 4.c. above. 6. The wetland shall not be a protected fen. 7. Wetlands shall not be drained or filled, wholly or partially, unless replaced by restoring or creating wet land areas in accordance with the WCA. When wetland replacement is required, it shall be guided by the following principles in descending order of priority: a. Avoiding the direct or indirect impact of the activity that may destroy or diminish the wetland; b. Minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation; c. Rectifying the impact by repairing, rehabilitating, or restoring the affected wetland enviro nment; d. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the activity; and e. Compensating for the impact by replacing or providing substitute wetland resources o r environments. 8. If the wetland is a DNR public water, all necessary permits from the DNR shall be obtained. (d) Models/methodologies/computations. Hydrologic models and design methodologies used for the determination of runoff and analysis of storm water management structures shall be approved by the Director of Public Works. Plans, specifications and computations for storm water management facilities submitted for review shall be sealed and signed by a registered professional en gineer. All computations shall appear on the plans submitted for review, unless otherwise approved by the Director of Public Works. (e) Watershed management plans/groundwater management plans. Storm water management plans shall be consistent with adopted watershed management plans and groundwater management plans prepared in accordance with M.S. §§ 103B.231 and 103B.255, respectively, as they may be amended from time to time, and as approved by the Minnesota Board of Water and Soil Resources in accordance with the state law. (7) Storm water management fee. (a) When required. In lieu of the storm water management facilities required in § 9.106(I), the city may allow an applicant to make a monetary contribution to the development and maintenance of community storm water management facilities, designed to serve multiple land disturbing and development activities, when consistent with the City’s Water Resource Management Plan. (b) Calculation of fee. The amount of monetary contribution shall be found in the SWMDS. For preliminary plats, an estimated impervious coverage per lot, subject to the approval of the Director of Public Works, shall be included in the total impervious surface area calculation. (c) Payment of fee. Payment of a monetary contribution shall occur as follows: 1. Building permit–upon issuance of building permit. 56 Item 2. City of Columbia Heights – Ordinance 1711 Page 33 2. Excavation permit–upon issuance of excavation permit. 3. Preliminary plat–upon approval of final plat or commencement of land alteration, whichever occurs first. (8) Inspection and maintenance. All storm water management facilities shall be designed to minimize the need for maintenance, to provide access for maintenance purposes, and to be structurally sound. In addition, the following maintenance standards shall apply: (a) All storm water detention periods shall be maintained to ensure continued effective removal of pollutants from storm water runoff. In addition, upon 50% of the pond’s original design volume being filled with sediment, the sediment shall be removed and the pond restored to its original design. (b) The Director of Public Works, or designated representative, shall inspect all storm water management facilities during construction, during the first year of operation, and at least once every five years thereafter. (c) All permanent storm water management facilities must provide a maintenance agreement with the city that documents all responsibilities for operation and maintenance of long -term storm water management facilities. Such responsibilities shall be documented in a maintenance plan and executed through a maintenance agreement. All maintenance agreements must be approved by the city and recorded at the County Recorder’s office prior to final plan approval. At a minimum, the maintenance agreement shall describe the in spection and maintenance obligations: 1. The responsible party who is permanently responsible for inspection and maintenance of the structural and nonstructural measures. 2. Pass responsibilities for such maintenance to successors in title. 3. Allow the city and its representatives the right of entry for the purposes of inspecting all permanent storm water management systems. 4. Allow the city the right to repair and maintain the facility, if necessary maintenance is not performed after proper and reasonable notice to the responsible party of the permanent storm water management system. 5. Include a maintenance plan that contains, but is not limited to, the following: a. Identification of all structural permanent storm water management systems. b. A schedule for regular inspections, monitoring, and maintenance for each practice. Monitoring shall verify whether the practice is functioning as designed and ma y include, but is not limited to, quality, temperature, and quantity of runoff. c. Identification of the responsible party for conducting the inspection, monitoring and maintenance for each practice. d. Include a schedule and format for reporting compliance with the maintenance agreement to the city. e. Right of entry. The issuance of a permit constitutes a right of entry for the city or its contractor to enter upon the construction site. The applicant shall allow the city and its authorized representatives, upon presentation of credentials, to: 57 Item 2. City of Columbia Heights – Ordinance 1711 Page 34 i. Enter upon the permitted site for the purpose of obtaining information, examining records, conducting investigations or surveys. ii. Bring such equipment upon the permitted development as is necessary to conduct such surveys and investigations. iii. Examine and copy any books, papers, records, or memoranda pertaining to activities or records required to be kept under the terms and conditions of the permit. iv. Inspect the storm water pollution control measures. v. Sample and monitor any items or activities pertaining to storm water pollution control measures. vi. Correct deficiencies in storm water, erosion and sediment control measures. (d) Storm water management facilities serving a single-family residential area or subdivision, but more than one single-family lot, shall be maintained by the city. The cost incurred by the city for maintenance of said facilities shall be assessed, levied through a special storm water taxing district against the properties contributing storm water runoff to or through the facility, or by the city’s storm water utility. (e) Storm water management facilities serving a multiple-family residential building or development; a commercial, industrial or institutional building or development; or an individual parcel shall be maintained by the property owner on which the facility is located, unless it is determined by the Director of Public Works that it is in the best interests of the city for the city to maintain such facilities. If the city is to maintain the storm water management facilities, the cost incurred by the city for the maintenance may be assessed or levied as described in subsection (d) above. (9) Penalty. Any person, firm or corporation violating any provision of this section shall be fined not less than deemed committed on each day during or on which a violation occurs or continues. (10) Other controls. In the event of any conflict between the provisions of this section and the provisions of the city code, the more restrictive standard prevails. (J) Land alterations. (1) Purpose. The purpose of this section is to manage land alterations within the city and provide for the review and approval of proposed grades prior to land alteration activities. (2) In general. No person, firm or corporation may engage in any excavation, grading or filling of any land in the city without first having secured a permit from the Public Works Director in accordance with this section. (3) Exemption. The removal of material for the purpose of constructing a basement or p lacement of footings is exempt from the provisions of this section, provided a grading plan was submitted and approved as part of the review and approval process. Grading of new subdivisions or developments is also exempt from the provisions of this section, provided a grading plan was submitted and approved as part of the review and approval process. (4) Land alteration permit required. A land alteration permit from the Public Works Director is required for any of the following activities: (a) Placement, removal or grading of more than ten cubic yards of earthen material on steep slopes adjacent to a lake or wetland, or within the shore or bluff impact zone of a lake or wetland. 58 Item 2. City of Columbia Heights – Ordinance 1711 Page 35 (b) Placement, removal or grading of more than 50 cubic yards of earthen material anywhere in the city. (c) Placement, removal or grading of earthen material within ten feet of any property line, or when such activity alters the drainage patterns of adjacent property. (d) Placement, removal or grading of any property for the purposes of installing artificial turf or other surface that may require additional review of permeability and potential for illicit discharge. (5) Conditional use permit required. A conditional use permit is required for any of the following activities: (a) Placement, removal or grading of more than 500 cubic yards of earthen material on developed property zoned R-1 or R-2. (b) Placement, removal or grading of more than 1,000 cubic yards of earthen material on undeveloped property zoned R-1 or R-2. (c) Placement, removal or grading of more than 1,500 cubic yards of earthen material on property zoned R-3, R-4 or LB. (d) Placement, removal or grading of more than 2,000 cubic yards of earthen material on property zoned GB, CBD, I-1, I-2, or MXD. (6) Submittal requirements. An application for a land alteration permit shall include the following: (a) A legal description of the land to be altered. (b) The nature of the proposed alteration and future use of the property. (c) The starting date and completion date of the land alteration. (d) The names and addresses of all the owners of all the land to be altered. (e) Scaled plans, showing the existing and proposed topography with two- foot contour intervals, and signed by a registered surveyor or engineer in the State of Minnesota. (f) A scaled plan, showing existing and proposed vegetation and ground cover. (g) An erosion and sedimentation control plan. (h) Product specification sheet showing permeability, materials used, and potential for illicit discharge. (K) Exterior lighting. (1) In general. No use shall be operated or occupied so as to create light or glare in such an amount or to such a degree of intensity as to constitute a hazardous condition or a public nuisance. Lighting shall not create a sense of brightness that is substantially greater than the ambient lighting conditions so as to cause annoyance, discomfort, decreased visibility or a hazard for vehicular or pedestrian traffic. (2) Lighting fixtures. Lighting fixtures shall be of a downcast with flat lens, cut -off type that conceals the light source from view and prevents light from shining on adjacent property. At no time should a fixture be aimed and/or tilted above a horizontal plane in commercial or industrial districts, with the exception of architectural up -lighting or landscape lighting. 59 Item 2. City of Columbia Heights – Ordinance 1711 Page 36 (3) Lighting intensity. Lighting shall not directly or indirectly cause illumination or glare in excess of one-half footcandle as measured at the closest residential property line and three footcandles as measured at the closest street curb line or non-residential property line. Lighting shall be maintained stationary and constant in intensity and color, and shall not be of a flashing, moving or intermittent type. (4) Submission. Detailed plans showing fixture type, wattage, light source, location and elevation along with site point by point showing footcandles must be submitted. (5) Lighting of buildings. Lighting of building facades or roofs shall be located, aimed and shielded so that the light is directed only onto the facade or roof. (6) Exceptions. The following uses are exempt from the provisions of this section: (a) Publicly controlled or maintained street lighting, warning lights, emergency lights, or traffic signals. (b) Athletic fields and other outdoor recreational facilities serving or operated by an institutional or public use that is operated in accordance with all other applicable provisions of this article. (L) Off-street parking and loading. (1) Purpose. The purpose of off-street parking and loading requirements is to alleviate or prevent congestion of the public right-of-way, to provide for the parking and loading needs of specific uses, to minimize the incompatibility between parking and loading areas and adjacent uses, and to regulate the size, design, maintenance and location of required off street parking and loading areas. (2) Change of use. If the use of a building or site is changed or intensified, parking and loading facilities shall be provided for the changed or intensified use in accordance with the provisions of this section. (3) Existing facilities. Existing off-street parking and loading facilities shall not be reduced below the requirements for a similar new use or, if less than the requirements for a similar new use, shall not be reduced further. (4) Use of facilities. (a) Required parking and loading spaces and driveways providing access to such spaces shall not be used for storage, display, sales, rental or repair of motor vehicles or other goods, or fo r the storage of inoperable vehicles or snow. (b) Off-street parking facilities accessory to residential uses shall be utilized solely for the parking of passenger automobiles and/or one truck not to exceed 9,000 pounds gross capacity for each d welling unit. Under no circumstances, shall required parking facilities accessory to residential structures be used for the storage of commercial vehicles or for the parking of automobiles belonging to the employees, owners, tenants or customers of nearby business or manufacturing establishments. (5) Location of facilities. Required off-street parking spaces in the R-1 and R-2 Zoning Districts shall be located on the same lot as the principal building. Required off -street parking and loading facilities in all other zoning districts shall be located on the same lot or development site as the use served, except as follows: (a) Off-site parking for multiple-family and institutional uses shall be located no more than 200 feet from the main entrance of the use being served. 60 Item 2. City of Columbia Heights – Ordinance 1711 Page 37 (b) Off-site parking for commercial or industrial uses shall be located no more than 400 feet from the main entrance of the use being served. (c) Reasonable and improved access shall be provided from the off-site parking facility to the use being served. (d) The site used for off-site parking shall be under the same ownership as the principal use being served or use of the off-site parking facility shall be protected by a recordable instrument acceptable to the city. (6) Calculation of requirements. Calculating the number of parking or loading required shall be in accordance with the following: (a) Gross floor area. The term “gross floor area” for the purpose of calculating the number of off-street parking spaces required shall be determined based on the exterior floor dimensions of the building, structure or use times the number of floors, minus 10%. (b) Places of public assembly. In places or worship, stadiums, sports arenas and other places of public assembly in which patrons or spectators occupy benches, pews, or other similar seating facilities, each three feet of such seating facilities shall be counted as one seat for the purpose of determining requirements for off-street parking facilities under this section. (c) Capacity. In cases where parking requirements are based on capacity of persons, the capacity shall be based on the maximum number of persons that may occupy a place, as determined under the building code and posted within the establishment. (d) Employees. When parking requirements are based on employee counts, such calculations shall be based on the maximum number of employees on the premises at any one time. (e) Calculating space. When calculating the number of off-street parking spaces required results in fraction, each fraction of one-half or more shall require another space. The Council, at its discretion, may reduce the minimum required parking to not less than 1.5 parking spaces per unit for multifamily structures with seven or more units, after consideration of factors including but not limited to the present or future availability of transit services, shared parking, pedestrian orientation, and occupancy characteristics. (f) Garage or carport. A garage or carport shall be considered a parking space. However, a building permit shall not be granted to convert a garage or carport to living space unless other acceptable provisions are ma de to provide the required parking space. (g) Joint parking. Except for shopping centers or where a shared parking arrangement has been approved by the city, the off-street parking requirements for each use in a multi-use structure or site shall be calculated separately in determining the total spaces required. (h) Proof of parking. In cases where the future potential use of a building may generate additional parking demand, the city may require a proof of parking plan for the site that shows how the anticipated parking demand will be met. (7) Design and maintenance of parking facilities. Off-street parking facilities are subject to the following design and maintenance requirements: (a) Size of parking spaces. Each parking space shall be not less than 9 feet wide and 20 feet in length, exclusive of an adequately designed system of access drives. In the case where the parking space is abutting a curb at its narrowest dimension, the parking stall length may be reduced to 18 feet. In parking lots with more than 300 spaces, 61 Item 2. City of Columbia Heights – Ordinance 1711 Page 38 up to 40% of such spaces may be designated and clearly marked as compact car parking spaces with signage that is reasonably visible year round. A compact car parking space shall not be less than 8 feet w ide and 18 feet in length, exclusive of the adequately designed system of access drives. (b) Access and circulation. Except for parking accessory to one- and two-family dwellings, each required off- street parking space shall have direct access to an aisle or driveway no less than 24 feet in width and designed to provide safe and efficient means of vehicular access to and from the parking space without using public right -of-way for maneuvering. (c) Surfacing. All off-street parking areas, all driveways leading to such parking areas and all other areas upon which motor vehicles may be located shall be surfaced with a dustless all-weather hard surface material. Acceptable materials include asphalt, concrete, brick, cement pavers or similar material installed and maintained per industry standards. Crushed rock shall not be considered an acceptable surfacing material. (d) Drainage. Driveways shall not exceed a grade of 6% and all parking lots except those for less than four vehicles shall be graded according to a drainage plan that has been approved by the City Engineer. Catch basins, sumps and underground storm sewers may be required. (e) Curbing. Except for one-, two-, three- and four-family residential uses, all off-street parking areas, all driveways leading to such parking areas, landscape islands, and other areas upon which motor vehicles may be located shall have six-inch non-surmountable poured in place concrete perimeter curbing. In cases where existing circumstances or area practices make such curbing impractical, the requirement may be waived subject to submittal and approval of a parking area drainage plan by the City Engineer. (f) Lighting. Lighting used to illuminate an off-street parking area shall comply with the performance requirements of this section. The height of parking lot light poles or standards shall be no less than 12 feet and no more than the maximum height established for structures in the district in which the lights will be installe d. (g) Setbacks. Except for one-, two-, three- and four-family residential uses, parking lots and loading areas shall be subject to the same setbacks as a structure for the district in which such parking is located. One -, two-, three- and four-family residential uses are subject to the following setback requirements: 1. Residential lots platted prior to the effective date of this section and having a lot width of 60 feet or less, shall maintain a minimum side yard setback of one foot in all districts. 2. Residential lots platted after the effective date of this section or having a lot width greater than 60 feet shall maintain a minimum side yard setback of three feet in all districts. 3. The creation of a joint driveway use between adjoining property owners shall require a conditional use permit. 4. No more than 50% of the front yard setback shall be paved for parking purposes. (h) Residential driveway locations. Driveways may only lead directly to, or be contiguous to driveways leading to, and attached or detached garage. (i) Minimum driveway widths. In all zoning districts, driveways shall be no less than 12 feet in width. (j) Parking lots and loading areas shall be subject to the same setbacks as a structure for the district in which such parking is located. 62 Item 2. City of Columbia Heights – Ordinance 1711 Page 39 (k) Signs. No sign shall be located in any parking area except as necessary for the orderly operation of traffic movement or parking regulation. (l) Screening. All off-street parking areas containing six or more parking spaces and located next to a residential use shall be screened with fencing or landscaping no less than six feet in height that is 80% opaque on a year round basis. (m) Landscaping. All setback areas shall be landscaped with grass, vegetation or other landscape material. The front yard setback area of all off-street parking areas containing six or more parking spaces shall have a vegetative screen no less than 30 inches in height that is 80% opaque on a year round basis. (n) Striping. All off-street parking areas containing six or more parking spaces shall have the parking spaces and aisles clearly painted on the pavement according to the plan approved by the city. (o) Maintenance. Parking areas and driveways shall be kept free of dirt, dust and debris, and the pavement shall be maintained in good condition. In winter months, required parking areas for commercial businesses shall be cleared of snow. Landscaping, lighting, fencing or other features installed in conjunction with parking areas shall also be maintained and kept in good condition at all times. (8) Off-street parking district. (a) Should the city establish a public off-street parking district, those uses located within the district shall be exempt from providing off-street parking spaces as required herein. (b) The CBD, Central Business District, is established as a public off -street parking district, so that nonresidential uses are exempt from providing off-street parking spaces as required herein. Residential uses, including those in mixed-use buildings, shall provide off-street parking as required herein. (9) Shared parking. The City Council may approve the use of a required off-street parking area for more than one principal use on the same or an adjacent site if the following conditions are met: (a) Location. The use for which application for shared parking is being made is located within 300 f eet of the use providing the parking facilities. (b) Nighttime uses. Up to 50% of the off-street parking facilities required for a bowling alley, nightclub, school auditorium, theater or similar nighttime use may be supplied by off-street parking facilities provided primarily for a daytime use. (c) Sunday use. Up to 75% of the off-street parking facilities required for a place of worship or similar Sunday use may be supplied by off-street parking facilities provided primarily for a daytime use. (d) Daytime use. For the purposes of this provision, the following uses are considered primarily daytime uses: financial institutions, offices, retail stores, personal service facilities and similar uses. (e) Contract. A legally binding instrument for the shared use of off-street parking facilities shall be approved by the City Attorney and filed with the Anoka County Recorder’s Office within 60 days after approval of the shared parking use. (10) Off-street parking requirements. Off-street parking shall be provided as specified in the following table, except as otherwise provided in this section. 63 Item 2. City of Columbia Heights – Ordinance 1711 Page 40 Use Minimum Spaces Required Use Minimum Spaces Required Residential Uses Single-family 2 per unit, two must be enclosed (garage) Accessory Dwelling Units 1 off-street parking space per unit Two-family 2 per unit, two must be enclosed (garage) Townhome/Twinhome 2 per unit, two must be enclosed (garage) Multiple-family One-bedroom units 1 per unit, must be enclosed (garage) Two-bedroom or larger units 2 per unit, one must be enclosed (garage) Manufactured home park 2 per unit Residential care facility (6 or fewer) 2 per unit, two must be enclosed (garage) Residential care facility (7 or more) 1 per employee, 1 per every 6 residents Convent/monastery 1 per every 3 beds Rooming house/group living quarters 2 per every 3 residents Nursing home 1 per every 2 beds Senior housing/assisted living 1 per every 2 units Transitional/emergency housing 1 per employee, plus 1 per every 6 residents Bed and breakfast home 2 plus 1 per every room rented Public/Institutional Uses Community center Determined by staff-based on parking study Drop-in facility 30% of building capacity Golf course 5 per hole, plus 30% of capacity of club house Government facility Based on type of use Religious facilities/places of worship 1 per every 3.5 seats, capacity of main assembly area School–elementary/junior high 10 plus 1 per classroom School–senior high 10 plus 1 per every 6 students School–vocational or business Determined by staff–based on parking study School–performing/visual/martial arts 30% of building capacity Commercial Uses Retail sales/services 1 per 300 sf, gross floor area Retail sales, outdoor 1 per 1,000 sf of sales/display area 64 Item 2. City of Columbia Heights – Ordinance 1711 Page 41 Auditorium/places of assembly 1 per 3.5 seats, based on design capacity Automobile convenience facility 6 spaces, plus 1 per 300 sf, gross floor area Automobile repair 1 per 300 sf, gross floor area, plus 2 per service bay Automobile sales/rental 1 per 300 sf, gross floor area, plus 1 per 1,000 sf of outdoor sales/display area Banquet hall 1 per 3.5 seats, based on design capacity Billiards hall 30% of building capacity Bowling alley 5 per lane, plus 30% of capacity for related uses Car wash 2 spaces per bay, plus 4 stacking spaces per bay Clinic, medical and dental 1 per 300 sf, gross floor area Clinic, veterinary 6 per veterinarian Club or lodge 30% of building capacity Consignment/thrift store 1 per 300 sf, gross floor area Currency exchange 1 per 300 sf, gross floor area Day care center 1 per every employee, plus 1 drop off space for every 5 enrollees Financial institution 1 per 300 sf, gross floor area, plus 6 stacking spaces for each drive-through lane Food service, convenience 6 plus 1 per 40 sf of dining/service area, plus 6 stacking spaces for each drive-through lane Food service, limited 30% of building capacity Food service, full-service 30% of building capacity Funeral home 1 per 5 seats, plus 1 per 300 sf of non-eating area Greenhouse/garden center 1 per 300 sf, gross floor area, plus 1 per 1,000 sf of outside sales/display area Health/fitness club Determined by staff–based on parking study Hospital Determined by staff–based on parking study Hotel/motel 1 per unit, plus 30% of capacity for meeting rooms Laboratory, medical 1 per 300 sf, gross floor area Liquor store, off-sale 1 per 300 sf, gross floor area Museum/gallery 30% of building capacity Office 1 per 300 sf, gross floor area Pawnshop 1 per 300 sf, gross floor area Personal services 1 per 300 sf, gross floor area or 2 per station, whichever is greater Professional services 1 per 300 sf, gross floor area 65 Item 2. City of Columbia Heights – Ordinance 1711 Page 42 Recreational facility, indoor 1 per 150 sf of rink, court, pool area, and the like Recreational facility, outdoor 30% of facility capacity Recreation vehicle sales 1 per 300 sf, gross floor area, plus 1 per 1,000 sf of outdoor sales/display area Shopping center 1 per 300 sf, gross floor area Studio, professional 1 per 300 sf, gross floor area Studio, radio and television Determined by staff–based on design capacity Theater, live performance or movie 1 per 3.5 seat, based on design capacity Industrial Uses Assembly/manufacturing/processing 2 per every 3 employees or 1 per 1,000 sf, gross floor area, whichever is greater Concrete, asphalt or rock crushing 2 per every 3 employees Freight terminal 1 per 3,000 sf, gross floor area of storage/warehousing, plus 1 per 300 sf, gross floor area of office area Maintenance facility 1 per 3,000 sf, gross floor area, plus 1 per 300 sf, gross floor area of office Office/showroom 1 per 300 sf, gross floor area of office/showroom, plus 1 per 3,000 sf, gross floor area of storage Office/warehouse 1 per 300 sf, gross floor area of office, plus 1 per 3,000 sf, gross floor area of storage Outdoor sales/display 1 per 1,000 sf of sales/display area Outdoor storage 1 per 3,000 sf of storage area Printing/publishing 2 per every 3 employees or 1 per 1,000 sf, gross floor area, whichever is greater Salvage operation 2 per 3 employees Self-service storage facility 1 per 3,000 sf, gross floor area of storage, plus 1 per 300 sfr, gross floor area of office Warehouse/distribution 1 per 3,000 sf, gross floor area of storage/warehousing, plus 1 per 300 sf, gross floor area of office/sales area (11) Stacking requirements. Drive-up and drive-through facilities shall provide adequate stacking space for vehicles in accordance with the following table. Stacking spaces shall require a minimum pavement width of 12 feet, a length of 20 feet per vehicle, and shall be exclusive of any other required parking spaces or drive aisles. Use Minimum Stacking Spaces Automobile washing facility–self-service 4 spaces per bay at entrance, 1 space per bay at exit 66 Item 2. City of Columbia Heights – Ordinance 1711 Page 43 Automobile washing facility–automatic 4 spaces per bay at entrance, 1 space per bay at exit Food service–fast food drive-through 4 spaces behind menu board, 4 space behind first window Financial institution 4 spaces per teller window, 2 spaces per ATM kiosk Other drive-up or drive-through uses 2 spaces per window (12) Off-street loading requirements. Off-street loading space shall be provided for any non - residential use that receives or distributes materials or merchandise by trucks or similar vehicles and has a gross floor area of 5,000 square feet or more, in accordance with the following standards: (a) Dimensions. Loading berths shall be no less than 12 feet in width, 50 feet in length and 14 feet in height, exclusive of aisle and maneuvering space. (b) Location. Loading berths shall be located on the site and shall be separate from any required off -street parking. Loading berths shall not be located less than 50 feet from the property line of any resi dential property or residentially zoned property. Loading berths shall not be located within the front yard setback area. (c) Access. Each loading berth shall be located with appropriate means of vehicular access to and from a public street or alley and shall not interfere with automobile or pedestrian traffic either on the site or adjacent to the site. (d) Surfacing. All loading berths and access driveways shall be surfaced with a dustless all-weather material and constructed to control drainage according to a plan approved by the City Engineer. (e) Use. Any space designated as a loading berth or access drive in accordance with the terms of this section shall not be used for the storage of goods, inoperable vehicles or required off-street parking. (f) Number. For facilities with less than 20,000 square feet gross floor area, the off-street loading requirements may be met by providing a designated loading zone on site, as opposed to constructing a loading berth. Fo r facilities with 20,000 square feet gross floor area or greater, one off- street loading berth shall be provided for every 30,000 square feet gross floor area or fraction thereof. (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. 67 Item 2. City of Columbia Heights – Ordinance 1711 Page 44 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 pla n 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 prop osed 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 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. Rep lacement 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. 68 Item 2. City of Columbia Heights – Ordinance 1711 Page 45 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: 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 use of native species is preferred in all landscaping choices, and a minimum of 80% of all plants used shall be native to MN. 4. 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 69 Item 2. City of Columbia Heights – Ordinance 1711 Page 46 more than 25% of the required number of trees or shrubs may be comprised of any one species or genus. 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”. 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. 5. Final slopes greater than 3:1 will not be permitted without special treatment such as terracing, retaining walls or special ground covers. 6. 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. All exceptions to soil volume requirements must be approved by the City Forester in writing. Table 1: Plant Size Requirements Table 2: Soil Volume Requirements Expected Tree Size at Maturity Minimum Soil Volume Requirement (ft3) 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 70 Item 2. City of Columbia Heights – Ordinance 1711 Page 47 Small trees: 10-25 ft crown spread, 8-12” mature DBH 300 Medium trees: 25-35 ft crown spread, 12-18” mature DBH 700 Large trees: 35+ ft crown spread, 18”+ mature DBH 1100 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 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 71 Item 2. City of Columbia Heights – Ordinance 1711 Page 48 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. All covered soil used in cell-type systems or suspended pavement systems shall be loam. 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. Trees in shared soil spaces received a 30% credit towards total soil volume requirements. Isolated soil. Soil media in a tree well or small enclosed planting bed that is not connected to other prepa red 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 maximum depth of 36” may be used when calculating total soil volume; depths beyond 36” may not be counted towards soil volume requirements. Trees in shared soil spaces receive a 30% credit towards total 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. Artificial turf shall not be considered a pervious ground cover unless a land disturbance permit is issued and approved by the Public Work Director. 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. 72 Item 2. City of Columbia Heights – Ordinance 1711 Page 49 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 100% 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. 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 da mage shall be promptly removed and replaced within the next planting season. 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. 73 Item 2. City of Columbia Heights – Ordinance 1711 Page 50 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. (N) Building design standards. (1) Purpose. The purpose of this section is to promote quality development throughout the community that is attractive and visually compatible with adjacent development. (2) Design review required. Approval of building elevations is required for all new commercial, industrial, institutional and multi-family development. Building design approval is also required for any remodeling or expansion activity that increases the overall size of the building by 10% or more. (3) Building materials and design. The following material and design standards shall be adhered to: (a) Building materials for all projects shall be durable, require low maintenance and be of the same or better quality than that used on surrounding properties; and shall consist of any of the following materials: Brick; natural stone; stone treated concrete panels; glass curtain wall panels; wood, provided surfaces are finished for exterior use and only woods of proven exterior durability are used such as cedar, redwood, and cypress; factory fabricated and finished metal frame paneling; or other materials of high architectural quality as approved by staff. (b) Building elevations and facades should include a variety of architectural features and building materials to provide visual interest and give each project a distinct character. Building facades shall contain windows at the ground level or first floor in order to increase security of adjacent outdoor spaces by maximizing natural surveillance and visibility. Special care should be given to building elevations that face a public right -of-way or a residential area. Doors, window frames, screening walls, and other architectural features should be fi nished to complement the color and material of the principal building. At least 20% of the first floor facade that faces a public street, sidewalk or parking lot shall be windows or doors for residential uses. At least 20% of the first floor facade that fa ces a public street, sidewalk or parking lot shall be windows or doors of clear or lightly tinted glass that allows views into and out of the building at eye level for non-residential uses. Windows shall be distributed in a more or less even manner. Minimum window area shall be measured between the height of two feet and ten feet above the finished level of the first floor. (c) All additions, exterior alterations or accessory buildings constructed after the original buildings shall be of the same material and design as the original structure. However, this provision shall not prohibit the upgrading of the quality of materials used in a remodeling or expansion activity, provided said upgraded material complements the original. (d) All structures over 120 square feet shall have full perimeter footings. (e) Steel frame structures with metal siding and roof are allowed in commercial and industrial districts provided 50% or more of the front of the structure is masonry type veneer and windows, and the side walls shall be at least four feet from grade with the same type of masonry veneer. 74 Item 2. City of Columbia Heights – Ordinance 1711 Page 51 (4) Application of master plan district provisions. Properties located within the district boundaries of master plan area shall also be subject to the district provisions of the master plan. (5) Design guidelines. The City Council may adopt by resolution design guidelines that shall apply to designated areas or districts of the city with greater specificity than the standards in this section. Where there is a conflict between the design guidelines and the standards in this section, the guidelines shall apply. The design guidelines shall not prohibit public art. Public art shall be allowed to be incorporated into building design and may include but is not limited to; painted block, landscaping and tree plantings, and ornamental structures, etc. Public art shall be encouraged as an alternative to traditional design guideline requirements. (O) Telecommunication towers/antennae. (1) Purpose. (a) The purpose of this division is to provide a uniform and comprehensive set of standards for the development and installation of wireless communications towers, antennas and related facilities. The regulations and requirements contained herein are intended to: (i) regulate the placement, construction and modification of wireless communications towers and related wireless communications facilities in order to protect the health, safety, and welfare of the public and the aesthetic quality of the city; and (ii) encourage managed development of wireless communications infrastructure, while at the same time not unreasonably interfering with the development of the competitive wireless communications marketplace in the City of Columbia Heights. (b) It is intended that the city shall apply these regulations to accomplish the following: 1. Minimize the total number of towers throughout the community through siting standards; 2. Encourage the location of towers in non-residential areas and with compatible uses; 3. Provide for the appropriate location and development of wireless communications towers, antennas and related facilities within the city, to the extent possible, to minimize pot ential adverse impacts on the community; 4. Minimize adverse visual impacts of wireless communications towers and related facilities through careful design, siting, landscape screening, and innovative camouflaging techniques utilizing current and future technologies; 5. Promote and encourage shared use/co-location of towers and antenna support structures; 6. Maintain and preserve the existing residential character of the City of Columbia Heights and its neighborhoods and to promote the creation of a convenient, attractive and harmonious community; 7. Promote the public safety and avoid the risk of damage to adjacent properties by ensuring that wireless communications towers and related wireless communications facilities are properly designed, constructed, modified, maintained and removed; 8. Ensure that wireless communications towers and related wireless communications facilities are compatible with surrounding land uses; 9. Encourage the use of alternative support structures, co-location of new antennas on existing wireless communications towers, camouflaged towers, and construction of towers with the ability to locate three or more providers; 75 Item 2. City of Columbia Heights – Ordinance 1711 Page 52 10. Maintain and ensure that a non-discriminatory, competitive and broad range of wireless communications services and high-quality wireless communications infrastructure consistent with federal law are provided to serve the community; and 11. Ensure that wireless communications facilities comply with radio frequency emissions standards as promulgated by the Federal Communications Commission. (c) This section is not intended to regulate satellite dishes, satellite earth station antennas, residential television antennas in private use, multichannel multipoint distribution service antennas, or amateur radio antennas. (2) Definitions. For the purposes of this division the following terms and phrases shall have the meaning ascribed to them herein: ACCESSORY STRUCTURE. Means a structure or portion of a structure subordinate to and serving the principal structure on the same lot. ACCESSORY USE. Shall have the meaning set forth in the Chapter 9. ANTENNA. Means a device fabricated of fiberglass, metal or other material designed for use in transmitting and/or receiving communications signals and usually attached to a wireless communications tower or antenna support structure. ANTENNA SUPPORT STRUCTURE. Any building or structure, excluding towers, used or useable for one or more wireless communications facilities. BUFFER or BUFFERING. A natural or landscaped area or screening device intended to separate and/or partially obstruct the view of adjacent land uses or properties from one another so as to lessen the impact and adverse relationship between dissimilar, unrelated or incompatible land uses. CITY. The City of Columbia Heights, Minnesota, and any and all departments, agencies and divisions thereof. CITY CODE. The Columbia Heights City Code, as amended from time to time. CITY COUNCIL or COUNCIL. The Columbia Heights City Council or its designee. CITY MANAGER. The City Manager of the City of Columbia Heights, Minnesota or the City Manager’s designee. CO-LOCATION. The use of a single wireless communications tower, antenna support structure and/or site by more than one provider. CONDITIONAL USE. Those uses that are generally compatible with other uses permitted in a zoning district, but that require individual review of their location, design, configuration, intensity and structures, and may require the imposition of conditions pertinent thereto in order to ensure the appropriateness of the use at a particular loc ation. This definition shall only apply to this specific division and shall not apply to other sections or provisions of the land use and development regulations. CONDITIONAL USE PERMIT. A permit specially and individually granted by the Council after a public hearing thereon by the Planning Commission for any conditional use so permitted in any zoning district. In approving a conditional use permit, the Council may impose reasonable conditions to accomplish the objectives of this division with respect to use, screening, lighting, hours of operation, noise control, maintenance, operation or other requirements. 76 Item 2. City of Columbia Heights – Ordinance 1711 Page 53 EQUIPMENT CABINET or SHELTER. A structure located near a wireless communications facility that contains electronics, back-up power generators and/or other on-site supporting equipment necessary for the operation of the facility. EXISTING TOWER. Any tower designated as an existing tower by division (O)(6) for which a permit has been properly issued prior to the effective date of this division, including permitted towers that have not yet been constructed so long as such approval is current and not expired. After the effective date of this division, any tower approved and constructed pursuant to the provisions of this division sh all thereafter be treated as an existing tower for purposes of regulation pursuant to this division and the land use and development regulations. GUYED TOWER. A wireless communications tower that is supported, in whole or in part, by guy wires and ground anchors or other means of support besides the superstructure of the tower itself. LAND USE AND DEVELOPMENT REGULATIONS. Chapter 9 of the Columbia Heights Code, as it may be amended from time to time. MICROWAVE DISH ANTENNA. A dish-like antenna used to transmit and/or receive wireless communications signals between terminal locations. MONOPOLE TOWER. A wireless communications tower consisting of a single pole or spire supported by a permanent foundation, constructed without guy wires and ground anchors. NONCONFORMITY. Shall have the meaning given in M.S. § 394.22, subd. 8, or successor statutes, and shall be governed by the provisions of the land use and development regulations (nonconformities). PANEL ANTENNA. An array of antennas designed to direct, transmit or receive radio signals from a particular direction. PICO CELL. A low-power cell whose coverage area extends 300 to 500 yards. PLANNING COMMISSION. The Columbia Heights Planning and Zoning Commission. PROVIDER. (When used with reference to a system) means a person or entity that provides wireless communications service over a wireless communications facility, whether or not the provider owns the facility. A person that leases a portion of a wireless communications facility shall be treated as a provider for purposes of this division. SATELLITE DISH. An antenna device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, or cornucopia-shaped and is used to transmit and/or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, TVROs and satellite microwave antennas. SELF-SUPPORT/LATTICE TOWER. A tower structure requiring no guy wires for support. STEALTH or CAMOUFLAGED TOWER, EQUIPMENT CABINET or FACILITY. Any wireless communications tower, equipment cabinet or facility designed to hide, obscure or conceal the presence of the tower, antenna, equipment cabinet or other related facility. The stealth technology used must incorporate the wireless communications tower, equipment cabinet and facility into and be compatible with the existing or proposed uses of the site. Examples of stealth facilities include, but are not limited to: architecturally screened roof -mounted antennas, antennas 77 Item 2. City of Columbia Heights – Ordinance 1711 Page 54 integrated into architectural elements, and wireless communications towers designed to look like light poles, power poles, trees, flag poles, clocks, steeples or bell towers. UTILITY POLE-MOUNTED FACILITY. A wireless communications facility attached, without regard to mounting, to or upon an electric transmission or distribution pole, street light, traffic signal, athletic field light, utility support structure or other similar facility located within a public right- of-way or utility easement approved by the Planning Commission. The facility shall include any associated equipment shelters regardless of where they ar e located with respect to the mount. WHIP ANTENNA. An omni-directional antenna used to transmit and/or receive radio signals. WIRELESS COMMUNICATIONS FACILITY. A facility that is used to provide one or more wireless communications services, including, without limitation, arrays, antennas and associated facilities used to transmit and/or receive wireless communications signals. This term does not include wireless communications towers, over -the-air reception devices that deliver or receive broadcast signals, satellite dishes regulated by 47 C.F.R. § 25.104, devices that provide direct-to home satellite services (“DBS”) or devices that provide multichannel multi-point distribution services (“MMDS”) as defined and regulated by 47 C.F.R. § 1.4000, as amended. WIRELESS COMMUNICATIONS SERVICES. Those services specified in 47 U.S.C. §§ 332(c)(7)(C) and 332(d)(1)-(2), and any amendments thereto. WIRELESS COMMUNICATIONS TOWER. A guyed, monopole or self-support/lattice tower, or extension thereto, constructed as a freestanding structure, supporting one or more wireless communications facilities used in the provision of wireless communications services. ZONING ADMINISTRATOR. The person appointed by the City Manager as p rovided in the land use and development regulations. (3) Applicability. The requirements of this division apply to the extent provided herein to all new, existing, replacement, re-located or expanded and/or modified wireless communications towers and wireless communications facilities. The requirements of this division apply throughout the city. It is the express intent of the city to impose, to the extent permitted by applicable law, all requirements of this division to all land within the city, whether publicly or privately held, including, without limitation, private property, city property, church property, utility property and school property. (a) Non-essential services. Wireless communications towers and wireless communications facilities will be regulated and permitted pursuant to this division and not regulated or permitted as essential services, public utilities or private utilities. (b) Attempt to locate on existing tower or antenna support structure. Every owner/operat or seeking to locate a wireless communications facility within the city must attempt to locate on an existing wireless communications tower or antenna support structure as required by division (O)(7) and (8). (4) Exempt from city review. The following activities shall be permitted without city approvals: (a) Amateur radio. The installation of any antenna and its supporting tower, pole or mast to the extent city regulation is preempted by state or federal law. (b) Residential television antennas. The installation of residential television antennas in private use to the extent preempted by state and federal law. 78 Item 2. City of Columbia Heights – Ordinance 1711 Page 55 (c) Satellite dishes. The installation of satellite dishes to the extent preempted by state or federal law. (d) Mobile news. The use of mobile services equipment providing public information coverage of news events of a temporary or emergency nature. (5) Permitted locations. The following applies to all wireless communications towers, including re-located or expanded and/or modified towers, but not to existing towers: (a) Wireless communications towers less than 120 feet in height shall be a permitted use in the I-1 and I-2 zoning districts. (b) Wireless communications towers greater than or equal to 120 feet in height shall be a conditional use in the I-1 and I-2 zoning districts. (c) Wireless communications towers less than 80 feet in height shall be a permitted use in the RB, CBD and GB zoning districts. (d) Wireless communications towers greater than or equal to 80 feet in height shall be a conditional use in the RB, CBD and GB zoning districts. (e) Wireless communications towers less than 80 feet in height shall only be allowed as a condi tional use in the R-1, R-2, R-3, R-4 and LB zoning districts. (f) Wireless communications towers greater than or equal to 80 feet in height shall not be a permitted use in the R-1, R-2, R-3, R-4 and LB zoning districts. (g) Except where superseded by the requirements of county, state or federal regulatory agencies possessing jurisdiction over wireless communications towers, equipment cabinets and wireless communications facilities, such towers, equipment cabinets and facilities shall be stealth towers, stealth equipment cabinets and stealth facilities camouflaged to blend into the surrounding environment using stealth technology in a manner pre-approved by the city on a case-by-case basis. (h) Utility pole-mounted facilities shall be permitted as accessory uses in all zoning districts. Applications for such facilities shall be subject to the conditions set forth in this division. (6) Existing towers. (a) Except where otherwise noted, existing towers shall not be rendered nonconforming uses by this division. The city encourages the use of these existing towers for purposes of co-locating additional wireless communications facilities. Any and all towers erected and in use or approved on or before the effective date of this division shall be treated as existing towers. These towers shall be considered conforming uses with respect to this division and the city shall allow co-location on these towers subject to the requirements of division (O)(7) so long as the pro viders utilize the most visually unobtrusive equipment that is technologically feasible. (b) Owners of existing towers shall be required to comply with the requirements and procedures set forth in division (O)(13) and (14) to replace an existing tower. (c) Owners of existing towers shall be required to comply with the applicable requirements and procedures set forth in division (O)(6), (7), (8) and (13) to modify or relocate an existing tower or to co-locate a wireless communications facility on an existing tower. 79 Item 2. City of Columbia Heights – Ordinance 1711 Page 56 (d) Increases in height of an existing wireless communications tower, modification of an existing wireless communications tower or conversion of an existing wireless communications tower to a stealth or camouflage structure shall be treated as a new tower and subject to all the applicable requirements of this division. (e) Owners of existing wireless communications towers shall be required to comply with the requirements set forth in division (O)(15) and (16). (7) Co-location use, modification and relocation of existing towers. (a) Any owner of an existing tower or antenna support structure containing additional capacity suitable for installation or co-location of wireless communications facilities shall permit providers to install or co-locate said facilities on such towers or antenna support structures; provided that no existing tower or antenna support structure shall be used to support wireless communications facilities for more than three separate providers. Any co- location of wireless communications facilities shall be subject to mutually agreeable terms and conditions negotiated between the parties. (b) Any existing tower may be modified or relocated to accommodate co-location of additional wireless communications facilities as follows: 1. An application for a wireless communications permit to modify or relocate a wireless communications tower shall be made to the Zoning Administrator. The application shall contain the information required by division (O)(14)(b) and (c). The Zoning Administrator shall have the authority to issue a wireless communications permit without further approval by the Council or the Planning Commission, except as provided in this divisi on. Any denial of an application for a wireless communications permit to modify or relocate a wireless communications tower for purposes of co-location shall be made in accordance with division (O)(14)(e). 2. The total height of the modified tower and wireless communications facilities attached thereto shall not exceed the maximum height allowed for a permitted wireless communications tower in the zoning district in which the tower is located, unless a conditional use permit is granted by the city. 3. Permission to exceed the existing height shall not require an additional distance separation from designated areas as set forth in this division. The tower’s pre-modification height shall be used to calculate such distance separations. 4. A tower which is being rebuilt to accommodate the co-location of additional wireless communications facilities may be moved on the same parcel subject to compliance with the requirements of this division. 5. A tower that is relocated on the same parcel shall continue to be measured from the original tower location for the purpose of calculating the separation distances between towers as provided herein. (8) Application to locate wireless communications facility on existing tower. (a) An application for a wireless communications permit to locate or re -locate a wireless communications facility on an existing tower must be submitted to the Zoning Administrator on the designated form and shall, at a minimum, contain the following: 1. Name, address and telephone number of the applicant; 2. Location of the existing tower, along with the tower owner’s name and telephone number; 3. Number of applicant’s wireless communications facilities to be located on the subject tower; 80 Item 2. City of Columbia Heights – Ordinance 1711 Page 57 4. A sworn and certified statement in writing by a qualified engineer that the wireless communications facility will conform to any and all other construction standards set forth by the city code, and federal and state law; 5. An application fee in the amount set by the Council for each wireless communications facility listed on the application; 6. A copy of all licenses and/or franchises required by federal, state or local law for the construction and/or operation of a wireless communications system in the city; 7. A scaled site plan clearly indicating the location, type and height of the proposed wireless communications facility, on-site land uses and zoning, elevation and stealth design drawings of the proposed wireless communications facility and the supporting tower, topography, and any other information deemed by the city to be necessary to assess compliance with this division and the land use and development regulations; 8. An inventory of the applicant’s existing towers and wireless communications facilities, if any, that are either within the jurisdiction of the city or within one mile of the city limits, including specific informat ion about the location, height, and design of each wireless communications facility or tower; 9. A certification that the applicant will comply with all applicable federal, state or local laws including all the provisions of the land use and development regulations; and 10. A certification that the site described in the application is located on an existing tower and the owner/operator agrees to the co-location of the subject wireless communications facility. (b) An application for a wireless communications permit to locate or re -locate a wireless communications facility that proposes to co-locate said facility on an existing tower and that satisfies the requirements set forth in this division, shall receive expedited treatment in the review process. (c) So as to further expedite the permitting process and to promote the efficient use of existing sites, the city encourages the users of existing towers to submit a single application for approval of multiple use rs on a single existing site. Applications for approval at multiple user sites shall be given priority in the review process. The fee to be submitted with a multiple user application shall be the fee specified in this subsection multiplied by the number of users listed in such application. (d) A petitioner shall submit any additional information requested by the city for purposes of evaluating the permit request. (e) In granting or denying a wireless communications permit to locate or re-locate a wireless communications facility on an existing tower, the Zoning Administrator shall prepare a written record of decision including findings of fact. (9) Wireless communications facilities on antenna support structures. (a) All wireless communications facilities to be located on antenna support structures shall be subject to the following minimum standards: 1. Wireless communications facilities shall only be permitted on buildings which are at least 35 feet tall . 2. Wireless communications facilities shall be permitted on the city’s water tower; provided that the city may impose reasonable conditions which ensure that such facilities do not interfere with access to or maintenance of the tower. 81 Item 2. City of Columbia Heights – Ordinance 1711 Page 58 3. If an equipment cabinet associated with a wireless communications facility is located on the roof of a building, the area of the equipment cabinet shall not exceed 10 feet in height, 400 square feet in area nor occupy more than 10% of the roof area. All equipment cabinets shall be constructed out of nonreflective materials and shall be designed to blend with existing architecture and located or designed to minimize their visibility. (b) Antenna dimensions. 1. Unless a conditional use permit is obtained from the city, whip antennas and their supports must not exceed 25 feet in height and 12 inches in diameter and must be constructed of a material or color which matches the exterior of the antenna support structure. 2. Unless a conditional use permit is obtained from the city, panel antennas and their supports must not exceed 8 feet in height or 2.5 feet in width and must be constructed of a material or color which matches the exterior of the building or structure, so as to achieve maximum compatibility and minimum visibility. 3. Unless a conditional use permit is obtained from the city, microwave dish antennas located below 65 feet above the ground may not exceed 6 feet in diameter. Microwave di sh antennas located 65 feet and higher above the ground may not exceed 8 feet in diameter. (c) Notwithstanding anything to the contrary, wireless communications facilities and related equipment shall not be installed on antenna support structure s in residential zoning districts, unless a conditional use permit is obtained from the city. (d) Wireless communications facilities located on antenna support structures, and their related equipment cabinets, shall be located or screened to min imize the visual impact of such facilities and equipment cabinets upon adjacent properties. Any such screening shall be of a material and color that matches the exterior of the building or structure upon which it is situated. Wireless communications facilities and related equipment cabinets shall be of a stealth design, and shall have an exterior finish and/or design as approved by the city. (10) Application to locate wireless communications facility on antenna support structure. (a) An application for a wireless communications permit to locate or re -locate a wireless communications facility on an antenna support structure must be submitted to the Zoning Administrator on the designated form and shall, at a minimum, contain the following: 1. Name, address and telephone number of the applicant; 2. Location of the antenna support structure, along with the property owner’s name and telephone number; 3. Number of applicant’s wireless communications facilities to be located on the subject property; 4. A sworn and certified statement in writing by a qualified engineer that the wireless communications facility will conform to any and all requirements and standards set forth in the city code, and federal and state law; 5. An application fee in an amount set by the Council for each wireless communications facility listed on the application; 6. A copy of all licenses and/or franchises required by federal, state or local law for the construction and/or operation of a wireless communications system in the city; 7. A scaled site plan clearly indicating the location, type and height of the proposed wireless communications facility, on-site land uses and zoning, elevation and stealth design drawings of the proposed wireless 82 Item 2. City of Columbia Heights – Ordinance 1711 Page 59 communications facility and the rooftop and building, topography, a current survey, landscape plans, and any other information deemed by the city to be necessary to assess compliance with this division and the land use and development regulations; 8. An inventory of the applicant’s existing towers and wireless communications facilities, if any, that are either within the jurisdiction of the city or within one mile of the city limits, including specific information about the location, height, and design of each wireless communications facility or tower; 9. A certification that the applicant will comply with all applicable federal, state or local laws including all the provisions of this division and the land use and development regulations; and 10. A certification that the site described in the application is located on an existing antenna support structure and the owner/operator agrees to the location or co-location of the subject wireless communications facility. (b) An application for a wireless communications permit to locate or re -locate a wireless communications facility that proposes to co-locate said facility on an antenna support structure and that satisfies the requirements set forth in this division, shall receive expedited treatment in the review process. (c) So as to further expedite the permitting process and to promote the efficient use of existing sites, the city encourages the users of antenna support structures to submit a single application for approval of multiple users on a single existing site. Applications for approval at multiple user sites shall be given priority in the review process. The fee to be submitted with a multiple user application shall be the fee described in this division multiplied by the number of users listed in such application. (d) An applicant must submit a proposed stealth design for camouflaging its wireless communications facility, unless this requirement is preempted by the operation of applicable laws or regulations. (e) A petitioner shall submit any additional information requested by the city for purposes of evaluating the permit request. (f) In granting or denying a wireless communications permit to locate or re-locate a wireless communications facility on an antenna support structure, the Zoning Administrator shall prepare a written record of decision including findings of fact. (11) Utility pole-mounted wireless communications facilities. (a) Utility pole-mounted wireless communications facilities may be permitted as accessory uses in all zoning districts if the provider uses pico cell equipment. Such facilities shall only be permitted in public rights-of-way that are at least 100 feet in width. To the greatest practical extent, utility pole- mounted wireless communications facilities shall be sited where they are concealed from public view by other objects such as trees or buildings. When it is necessary to site such a facility in public view, to the greatest practical extent it shall be designed to limit visual impact on surrounding land uses, which design must be approved by the city. (b) The height of a utility pole-mounted facility shall not exceed two feet above the pole structure. (c) Equipment cabinets associated with utility pole-mounted wireless communications facilities which are located within the public right-of-way shall be of a scale and design that make them no more visually obtrusive than other types of utility equipment boxes normally located within the right- of-way and shall be located in a manner and location approved by the city. To the greatest practical extent, equipment cabinets associated with u tility pole- 83 Item 2. City of Columbia Heights – Ordinance 1711 Page 60 mounted facilities which are located outside of the public right-of-way shall be concealed from public view or shall be architecturally designed using stealth technology or buffered to be compatible with surrounding land uses, except that such shelters located in residential zoning districts must be screened from the view of residents and pedestrians. (d) Equipment cabinets associated with utility pole-mounted wireless communications facilities which are located outside the public right-of-way shall meet the setback requirements for accessory buildings and structures for the zoning district in which the equipment cabinet is located. (e) Generators associated with equipment shelters must meet with the requirements of the city code. (12) Application for utility pole-mounted wireless communications facility. (a) An application for a wireless communications permit to locate or re -locate a utility pole-mounted wireless communications facility must be submitted to the Zoning Administrator on the designated form and shall, at a minimum, contain the following: 1. Name, address and telephone number of the applicant; 2. Location of the utility pole-mount, along with the property owner’s name and telephone number; 3. Number of applicant’s wireless communications facilities to be located on the subject property; 4. A sworn and certified statement in writing by a qualified engineer that t he wireless communications facility will conform to any and all requirements and standards set forth in the city code, and federal and state law; 5. An application fee in the amount set by the Council for each wireless communications facility listed on the application; 6. A copy of all licenses and/or franchises required by federal, state or local law for the construction and/or operation of a wireless communications system in the city; 7. A scaled site plan clearly indicating the location, type and height of the proposed wireless communications facility, on-site land uses and zoning, elevation and stealth design drawings of the proposed wireless communications facility and utility pole-mount, topography, a current survey, landscape plans, and any other information deemed by the city to be necessary to assess compliance with this division and the land use and development regulations; 8. An inventory of the applicant’s existing towers and wireless communications facilities, if any, that are either within the jurisdiction of the city or within one mile of the city limits, including specific information about the location, height, and design of each wireless communications facility or tower; 9. A certification that the applicant will comply with all applicable federal, state or local laws including all the provisions of this division and the land use and development regulations; and 10. A certification that the site described in the application is located on a utility pole- mount and the owner/operator agrees to the location of the wireless communications facility. (b) An application for a wireless communications permit to locate or re -locate a wireless communications facility that proposes to co-locate said facility on an already existing utility pole-mount and that satisfies the requirements set forth in this division, shall receive expedited treatment in the review process. 84 Item 2. City of Columbia Heights – Ordinance 1711 Page 61 (c) A petitioner shall submit any additional information requested by the city for purposes of evaluating the permit request. (d) In granting or denying a wireless communications permit to locate or re-locate a utility pole-mounted wireless communications facility, the Zoning Administrator shall prepare a written record of decision including findings of fact. (13) Construction of new towers. (a) Conditions of approval for wireless communications towers. 1. Setback. a. The distance between the base of any proposed wireless communications tower, measured from the center of a tower, and the nearest lot line shall be at least equal to the height of the tower, provided that this distance may be reduced to a specified amount if an appli cant provides a certification from the tower manufacturer or a qualified engineer stating that the tower is designed and constructed in such a way as to crumple, bend, collapse or otherwise fall within the specified distance. b. In no event shall the distance between the base of a proposed wireless communications tower, measured from the center of the tower, and the nearest lot line be less than 20% of the tower height. 2. Structural requirements. All wireless communications tower designs must be certified by a qualified engineer specializing in tower structures and licensed to practice in the State of Minnesota. The certification must state the tower design is structurally sound and, at a minimum, in conformance with the city’s building code, the State Building Code, and any other standards outlined in the land use and development regulations, as amended from time to time. 3. Height. The height of permitted wireless communications towers shall be as specified in division (O)(5). (b) Requirements for separation between towers. 1. Except for wireless communications facilities located on roof-tops or utility pole- mounted facilities, the minimum wireless communications tower separation distance shall be calculated and applied irrespective of jurisdictional boundaries. 2. Measurement of wireless communications tower separation distances for the purpose of compliance with this division shall be measured from the base of a wireless communications tower to the base of the existing or approved wireless communications tower. 3. Proposed towers must meet the following minimum separation requirements from existing towers or towers previously approved but not yet constructed at the time a development permit is granted pursuant to this division: MINIMUM TOWER SEPARATION DISTANCE Height of Existing Tower Height of Proposed Tower Minimum Separation MINIMUM TOWER SEPARATION DISTANCE Height of Existing Tower Height of Proposed Tower Minimum Separation Less than 50 feet Less than 50 feet 100 feet 85 Item 2. City of Columbia Heights – Ordinance 1711 Page 62 50–100 feet 200 feet 101–150 feet 400 feet 151–200 feet 800 feet 50–100 feet Less than 50 feet 100 feet 50–100 feet 400 feet 101–150 feet 600 feet 151–200 feet 800 feet 101–150 feet Less than 50 feet 100 feet 50–100 feet 400 feet 101–150 feet 600 feet 151–200 feet 800 feet 151–200 feet Less than 50 feet 100 feet 50–100 feet 600 feet 101–150 feet 800 feet 151–200 feet 1,000 feet 4. For the purpose of this subsection, the separation distances shall be measured by drawing or following a straight line between the center of the base of the existing or approved structure and the center of the proposed base, pursuant to a site plan of the proposed wireless communications tower. (c) Standards for co-location. This subsection is designed to foster shared use of wireless communications towers. 1. Construction of excess capacity. Any owner of a wireless communications tower shall permit other providers to install or co-locate antennae or wireless communications facilities on such towers, if available space and structural capacity exists; provided, however, that no wireless communications tower shall be used to support wireless communications facilities for more than three separate providers. Any co -location of wireless communications facilities shall be subject to mutually agreeable terms and conditions negotiated between the parties. All new wireless communications towers shall be constructed with excess capacity for co-location as follows: Less than 80 feet in height One additional user 80 feet to 119 feet in height Two or more additional users (up to a maximum of three users) 120 feet in height or greater Three additional users 86 Item 2. City of Columbia Heights – Ordinance 1711 Page 63 2. Notwithstanding anything to the contrary, all new monopole towers over 80 feet in height and existing monopole towers that are extended to a height over 80 feet shall be designed and built to accommodate at least two providers, and up to a maximum of three providers if technically possible. 3. Notwithstanding anything to the contrary, all new guyed towers, and existing guyed towers that are replaced or modified shall be designed and built to accommodate three provi ders. 4. Site area. The site or leased footprint shall contain sufficient square footage to accommodate the equipment/mechanical facilities for all proposed providers based upon the structural capacity of the tower. 5. Setbacks. If it is determined that a proposed wireless communications tower cannot meet setback requirements due to increases in tower height to accommodate the co-location of at least one additional wireless communications service provider, minimum setback requirements may be reduced by a maximum of 15 feet, unless such a reduction would decrease the distance between the base of the tower and the nearest lot line to less than 20% of the tower height, in which case set-back requirements may be reduced to a distance that is equal to or greater than 20% of the tower height. (d) Tower design and type. 1. All proposed wireless communications towers shall be monopole towers or stealth towers. Self -supporting towers or guyed lattice towers shall only be permitted as a replacement of like structures. 2. Utility pole-mounted facilities or extensions on utility poles to accommodate the mounting of wireless communications facilities shall be of the monopole type. 3. Antennas shall be of the uni-cell variety whenever feasible or mounted internal to the wireless communications tower structure. 4. Stealth wireless communications towers, equipment cabinets and related facilities shall be required in all zoning districts. (e) Landscaping minimum requirements. Wireless communications towers shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from surrounding property. The standard buffer shall consist of a landscaped strip at least 10 feet wide outside the perimeter of the compound. Existing mature growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as wireless communications towers sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer. All areas disturbed during project construction shall be replanted with vegetation. The owner of a wireless communications tower is responsible for all landsca ping obligations and costs. A landscaping plan for the purpose of screening the base of the tower from view shall be submitted to the Zoning Administrator for approval prior to the issuance of a building permit for the tower. The city may waive the enforce ment of this condition if it is deemed unnecessary. (f) Visual impact standards. To assess the compatibility with and impact on adjacent properties of a proposed wireless communications tower site, an applicant seeking to construct, relocate or modify a wireless communications tower may be required to submit a visual impact analysis. The requirements of this subsection shall be required for any application to construct a tower greater than 80 feet in height. The applicant may request a review of a proposed wireless communications tower location, prior to submission of an application, to determine whether or not a visual impact analysis will be required. The applicant shall be advised of the requirement to submit 87 Item 2. City of Columbia Heights – Ordinance 1711 Page 64 a visual impact analysis by the city within ten working days following the city’s receipt of the applicant’s application for construction of a new wireless communication tower or the relocation or modification of an existing tower. 1. Whenever a visual impact analysis is required, an applicant shall utilize digital imaging technology to prepare the analysis in a manner acceptable to the city. At a minimum, a visual impact analysis must provide the following information: a. The location of the proposed wireless communications tower illustrated upon an aerial photograph at a scale of not more than one inch equals 300 feet (1 inch = 300 feet). All adjacent zoning districts within a 3,000 -foot radius from all property lines of the proposed wireless communications tower site shall be indicated; and b. A line of site analysis which shall include the following information: i. Certification that the proposed wireless communications tower meets or exceeds standards contained in this division; ii. Identification of all significant existing natural and manmade features adjacent to the proposed wireless communications tower site and identification of features which may provide buffering and screening for adjacent properties and public rights-of-way; iii. Identification of at least three specific points within a 2,000 -foot radius of the proposed wireless communications tower location, subject to approval by the Zoning Administrator, for conducting the visual impact analysis; iv. Copies of all calculations and a description of the methodology used in selecting the points of view and collection of data submitted in the analysis; v. Graphic illustration of the visual impact of the proposed wireless communications tower, at a scale that does not exceed five degrees of horizontal distance, presented from the specific identified points; vi. Identification of all screening and buffering materials under the permanent control of the applicant (only screening and buffering materials located within the boundaries of the proposed site shall be considered for the visual impact analysis); and vii. Identification of all screening and buffering materials that are not under the permanent control of the applicant but are considered of a permanent nature due to ownership or use patterns, such as a public park, vegetation preserve, required development buffer, and the like. 2. Screening and buffering materials considered in the visual impact analysis shall not be removed by future development on the site. However, screening and buffering materials considered in the visual impact analysis shall be replaced if they die. 3. An applicant shall provide any additional information that may be required by the Zoning Administrator to fully review and evaluate the potential impact of the proposed wireless communications tower. (14) Application process for new towers. (a) The use of existing structures to locate wireless communications facilities shall be preferred to the construction of new wireless communications towers. To be eligible to construct a new wireless communications tower within city limits, an applicant must establish to the satisfaction of the city that the applicant is unable to provide the service sought by the applicant from available sites, including co-locations within the city and in 88 Item 2. City of Columbia Heights – Ordinance 1711 Page 65 neighboring jurisdictions; and the applicant must demonstrate to the reasonable satisfaction of the city that no other suitable existing tower or antenna support structure is available, including utility poles; and that no reasonable alternative technology exists that can accommodate the applicant’s wireless communications facility due to one or more of the following factors: 1. The structure provides insufficient height to allow the applicant’s facility to function reasonably in parity with similar facilities; 2. The structure provides insufficient structural strength to support the applicant’s wireless communications facility; 3. The structure provides insufficient space to allow the applicant’s wireless communications facility to function effectively and reasonably in parit y with similar equipment; 4. Use of the existing structure would result in electromagnetic interference that cannot reasonably be corrected; 5. The existing structure is unavailable for lease under a reasonable leasing agreement ; 6. Use of the structure would create a greater visual impact on surrounding land uses than the proposed alternative or otherwise would be less in keeping with the goals, objectives, intent, preferences, purposes, criteria or standards of this division, the land use and development regulations and land development regulations; and/or 7. Other limiting factors. (b) An applicant must submit any technical information requested by the city or its designated engineering consultant as part of the review and evaluation process. (c) An application for a wireless communications permit to construct a wireless communications tower must be submitted to the Zoning Administrator on the designated form and shall contain, a t a minimum, the following information: 1. Name, address and telephone number of the applicant; 2. Proposed location of the wireless communications tower, along with all studies, maps and other information required by division (O)(13) and (14) (applicant shall submit information for only one proposed tower per application); 3. Number of applicant’s wireless communications facilities to be located on the subject tower and the number of spaces available for co-location; 4. A sworn and certified statement in writing by a qualified engineer that the wireless communications tower will conform to all requirements set forth in the city code, and federal and state law; 5. An application fee in the amount set by the Council; 6. A copy of all licenses and/or franchises required by federal, state or local law for the co nstruction and/or operation of a wireless communications system in the city; 7. A scaled site plan clearly indicating the location, type and height of the proposed wireless communications tower, on-site land uses and zoning, elevation and stealth design drawings of the proposed tower, topography, and 89 Item 2. City of Columbia Heights – Ordinance 1711 Page 66 any other information deemed by the Zoning Administrator to be necessary to assess compliance with this division and the land use and development regulations; 8. An inventory of the applicant’s existing towers and wireless communications facilities, if any, that are either within the jurisdiction of the city or within one mile of the city limits, including specific information about the location, height, and design of each wireless communications facility or tower; 9. The names, addresses and telephone numbers of all owners of existing towers or antenna support structures within an area equal to 100% of the search ring for the wireless communications facility proposed to be located on the proposed new tower; 10. Written documentation in the form of an affidavit that the applicant made diligent, but unsuccessful efforts for permission to install or co-locate the proposed wireless communications facility on all existing towers or antenna support structures located within an area equal to 100% of the search ring for the proposed site of the wireless communications facility; 11. Written, technical evidence from a qualified engineer that the proposed wireless communications facility cannot be installed or co-located on an existing tower or antenna support structure located within the city and must be located at the proposed site in order to meet the coverage requirements of the proposed wireless communications service, together with a composite propagation study which illustrates graphically existing and proposed coverage in industry-accepted median received signal ranges; 12. A written statement from a qualified engineer that the construction and placement of the proposed wireless communications tower will comply with Federal Communications Commission radiation standards for interference and safety and will produce no significant signal interference with public safety communications and the usual and customary transmission or reception of radio, television, or other communications services enjoyed by adjacent residential and non-residential properties; and 13. A certification that the applicant will comply with all applicable federal, state or local laws including all the provisions of this division and the land use and development regulations. (d) A proposed wireless communications tower that exceeds the height limitations for a permitted tower in the GB, RB, CBD, I-1 or I-2 zoning districts, or any proposed wireless communications tower under 80 feet in the R -1, R-2, R-3, R-4, or LB districts, shall only be allowed upon approval of a conditional use permit. The City Council may establish any reasonable conditions for approval that are deemed necessary to mitigate adverse impacts associated with the conditional use, to protect neighboring properties, and to achieve the objectives of this division and the land use and development regulations. Such a conditional use per mit shall be required in addition to a wireless communications permit. (e) In granting or denying a wireless communications permit to construct a wireless communications tower, the Zoning Administrator shall prepare a written record of decision including findings of fact. Proposed wireless communication towers that meet the standards and requirements contained herein, including location and height limitations, may be approved administratively by the Zoning Administrator. Proposed wireless communi cation towers that do not meet the standards and requirements contained herein, including location and height limitations, may be denied administratively by the Zoning Administrator, provided that the written record of decision including findings of fact is accepted by the Council. (15) Annual registration requirement. 90 Item 2. City of Columbia Heights – Ordinance 1711 Page 67 (a) Wireless communications facilities. 1. To enable the city to keep accurate, up-to-date records of the location of wireless communications facilities within city limits, on an annual basis, no later than February 1 of each year, or upon change in ownership of wireless communications facilities, the owner/operator of such facilities shall submit documentation to the Zoning Administrator providing: a. Certification in writing that the wireless communications facility conforms to the requirements, in effect at the time of construction of the facility, of the State Building Code and all other requirements and standards set forth in the city code, and federal and state law by filing a sworn and certified statement by a qualified engineer to that effect. A wireless communications facility owner/operator may be required by the city to submit more frequent certification should there be reason to believe that the structural and/or electrical integrity of the wireless communications facility is jeopardized. The city reserves the right upon reasonable notice to the owner/operator of the wireless communications facility to conduct inspections for the purpose of determining whether the wireless communications facility complies with the State Building Code and all requirements and standards set forth in local, state or federal laws; and b. The name, address and telephone number of any new o wner, if there has been a change of ownership of the wireless communications facility. 2. Annual payment of a registration fee, as set by the Council, for each wireless communications facility located within the city shall be submitted to the city at the time of submission of the documentation required above. (b) Wireless communications towers. 1. To enable the city to keep accurate, up-to-date records of the location and continued use of wireless communications towers within city limits, on an annual basis, no later than February 1 of each year, or upon change in ownership of a wireless communications tower, the owner/operator of each tower shall submit documentation to the Zoning Administrator providing: a. Certification in writing that the wireless communications tower is structurally sound and conforms to the requirements, in effect at the time of construction of the tower, of the State Building Code and all applicable standards and requirements set forth in the city code, and federal and state law, by filing a sworn and certified statement by a qualified engineer to that effect. The tower owner may be required by city to submit more frequent certifications should there be reason to believe that the structural and/or electrical integrity of the tower is jeopardized; b. The number of providers located on the tower and their names, addresses and telephone numbers; c. The type and use of any wireless communications facilities located on the tower; and d. The name, address and telephone number of any new owner of the tower, if there has been a change of ownership of the tower. 2. An annual payment of a registration fee, as set by the Council, for each tower located within the city shall be submitted to the city at the time of submission of the documentation required above. (16) General requirements. The following conditions apply to all wireless communications towers and wireless communications facilities in the city: 91 Item 2. City of Columbia Heights – Ordinance 1711 Page 68 (a) Duration of permits. If substantial construction or installation has not taken place within one year after city approval of a wireless communications permit, the approval shall be considered void unless a pet ition for time extension has been granted by the City Council. Such a petition shall be submitted in writing at least 30 days prior to the expiration of the approval and shall state facts showing a good faith effort to complete the work permitted under the original permit. (b) Assignment and subleasing. No wireless communications facility, tower or antenna support structure or wireless communications permit may be sold, transferred or assigned without prior notification to the city. No sublease shall be entered into by any provider until the sublessee has obtained a permit for the subject wireless communications facility or tower or antenna support structure. No potential provider shall be allowed to argue that a permit should be issued for an assigned or subleased wireless communications facility or tower or antenna support structure on the basis of any expense incurred in relation to the facility or site. (c) Aesthetics. Wireless communications towers and wireless communications facilities shall meet the following requirements: 1. Signs. No commercial signs or advertising shall be allowed on a wireless communications tower or a wireless communications facility. 2. Lighting. No signals, lights, or illumination shall be permitted on a wireless communications tower or a wireless communications facility, unless required by the Federal Aviation Administration or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least obtr usiveness to the surrounding community. However, an applicant shall obtain approval from the city if the Federal Aviation Administration requires the addition of standard obstruction marking and lighting (i.e., red lighting and orange and white striping) to the tower. An applicant shall notify the Zoning Administrator prior to making any changes to the original finish of the tower. 3. Graffiti. Any graffiti or other unauthorized inscribed materials shall be removed promptly or otherwise covered in a manner substantially similar to, and consistent, with the original exterior finish. The city may provide a wireless communications tower or equipment cabinet owner and/or operator written notice to remove or cover graffiti within a specific period of time or as required by other appropriate sections of the city code as presently existing or as may be periodically amended. In the event the graffiti has not been removed or painted over by the owner and/or operator within the specified time period, the city shall have the right to remove or paint over the graffiti or other inscribed materials. In the event the city has to remove or paint over the graffiti, then the owner and/or operator of the wireless communications tower or equipment cabinet or structu re on which the graffiti existed, shall be responsible for all costs incurred. (d) Federal and state requirements. All wireless communications towers and wireless communications facilities must meet or exceed the standards and regulations of the Federal Aviation Administration, the Federal Communications Commission, and any other agency of the state or federal government with the authority to regulate wireless communications towers and facilities. If such standards and regulations change, then th e owners of the wireless communications towers and wireless communications facilities subject to such standards and regulations must bring such towers and facilities into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to maintain or bring wireless communications towers and wireless communications facilities into compliance with such revised standards and regulations shall constitute a violation of this division and shall be subject to enforcement under the city code. Penalties for violation may include fines and removal of the tower or wireless communications facility at the owner’s expense. 92 Item 2. City of Columbia Heights – Ordinance 1711 Page 69 (e) Licenses or franchise. An owner of a wireless communications tower or wireless communications facility must notify the city in writing within 48 hours of any revocation or failure to renew any necessary license or franchise. (f) Discontinued use. In the event the use of a wireless communications tower or wireless communications facility is discontinued, the owner and/or operator shall provide written notice to the city of its intent to discontinue use and the date when the use shall be discontinued. (g) Abandoned tower or antenna. The city may require removal of any abandoned or unused wireless communications tower or wireless communications facility by the tower or facility owner within 30 days after not ice from the city of abandonment. A wireless communications tower or wireless communications facility shall be considered abandoned if use has been discontinued for 180 consecutive days. 1. Removal by city. Where a wireless communications tower or wireless communications facility is abandoned but not removed within the specified time frame, the city may remove the facility or remove or demolish the tower and place a lien on the property following the procedures (but not the criteria) for demolition of an unsafe building/structure of the city’s housing code. 2. Towers utilized for other purposes. Where a wireless communications tower is utilized for other purposes, including but not limited to light standards and power poles, it sh all not be considered abandoned; provided, however, that the height of the tower may be reduced by the city so that the tower is no higher than necessary to accommodate previously established uses. 3. Restoration of area. Where a wireless communications tower or facility is removed by an owner, said owner, at no expense to the city, shall restore the area to as good a condition as prior to the placement of the tower or facility, unless otherwise instructed by the city. 4. Surety or letter of credit for removal. Prior to the issuance of a building permit, a surety or letter of credit shall be submitted by the property owners or tower operators to ensure the removal of abandoned wireless communications towers. The surety or letter of credit shall be utilized to cover the cost of removal and disposal of abandoned towers and shall consist of the following: a. Submission of an estimate from a certified structural engineer indicating the cost to remove and dispose of the tower; and b. Either a surety or a letter of credit, equivalent to 100% of the estimated cost to remove and dispose of the tower. The form of the surety or the letter of credit shall be subject to approval by the Zoning Administrator and the City Attorney. (h) FCC emissions standards. At all times, owners and/or operators of wireless communications facilities shall comply with the radio frequency emissions standards of the Federal Communications Commission. 1. Testing required. All existing and future wireless communications facilities shall be tested in accordance with applicable laws and regulations. Such testing, to the extent it is required, shall comply with standards and procedures prescribed by the Federal Communications Commission. 2. Inspections. The city reserves the right to conduct random radio frequency emissions inspections. The cost for such random inspections shall be paid from the wireless communications annual registration fees, unless an owner and/or operator is found to be in noncompliance with Federal Communications Commission RF emissions 93 Item 2. City of Columbia Heights – Ordinance 1711 Page 70 standards, whereupon the noncompliant owner and/or operator shall reimburse the city in full for the cost of the inspection. (i) Maintenance. All wireless communications facilities, wireless communications towers and antenna support structures shall at all times be kept and maintained in good condition, order, and repair, and, maintained in stealth condition (if stealth or camouflage is a permit requirement). The same shall not menace or endanger the life or property of any person, and shall retain original characteristics. All maintenance or construction on a wireless communications tower, wireless communications facility or antenna support structure shall be performed by licensed maintenance and construction personnel. The city shall notify a provider in writing regarding any specific maintenance required under this division. A provider shall make all necessary repairs within 30 days of s uch notification. Failure to effect noticed repairs within 30 days may result in revocation of a tower owner’s or provider’s permit and/or removal of the tower, wireless communications facility or antenna support structure. (j) Emergency. The city reserves the right to enter upon and disconnect, dismantle or otherwise remove any wireless communications tower or wireless communications facility should the same become an immediate hazard to the safety of persons or property due to emergency circums tances, as determined by the Zoning Administrator or his designee, such as natural or manmade disasters or accidents, when the owner of any such tower or facility is not available to immediately remedy the hazard. The city shall notify any said owner of an y such action within 24 hours. The owner and/or operator shall reimburse the city for the costs incurred by the city for action taken pursuant to this subsection. (k) Equipment cabinets. Equipment cabinets located on the ground shall be constructed out of non-reflective materials and shall be screened from sight by mature landscaping and located or designed to minimize their visibility. All equipment cabinets shall be no taller than ten feet in height, measured from the original grade at the base of the facility to the top of the structure, and occupy no more than 400 square feet in area, unless a waiver is granted by the city upon written request from a provider. (l) Equipment on site. No mobile or immobile equipment or materials of an y nature shall be stored or parked on the site of a wireless communications tower or wireless communications facility, unless used in direct support of a wireless communications tower or wireless communications facility or for repairs to the wireless commu nications tower or wireless communications facility currently underway. (m) Inspections. The city reserves the right upon reasonable notice to the owner/operator of a wireless communications tower or antenna support structure, including utility poles and rooftops, to conduct inspections for the purpose of determining whether the tower or other support structure and/or related equipment cabinet complies with the State Building Code and all applicable requirements and standards set forth in local, state or federal law and to conduct radiation measurements to determine whether all antenna and transmitting equipment are operating within Federal Communications Commission requirements. (n) Security. 1. An owner/operator of a wireless communications tower shall provide a security fence or equally effective barrier around the tower base or along the perimeter of the wireless communications tower compound. 2. If high voltage is necessary for the operation of the wireless communications tower or antenna support structure, “HIGH VOLTAGE - DANGER” warnings signs shall be permanently attached to the fence or barrier and shall be spaced no more than 20 feet apart, or on each fence or barrier frontage. 94 Item 2. City of Columbia Heights – Ordinance 1711 Page 71 3. “NO TRESPASSING” warning signs shall be permanently attached to the fence or barrier and shall be spaced no more than 20 feet apart. 4. The letters for the “HIGH VOLTAGE - DANGER” and “NO TRESPASSING” warning signs shall be at least six inches in height. The two warning signs may be combined into one sign. The warning signs shall be installed at least 4.5 feet above the finished grade of the fence or barrier. (o) Advances in technology. All providers shall use and apply any readily available advances in technology that lessen the negative aesthetic effects of wireless communications facilities and wireless communications towers to the residential communities within the city. Every five years, the city may review existing structures and compare the visual impact with available technologies in the industry for the purpose of removal, relocation or alteration of these structures in keeping with the general intent of this division. Such removal, relocation or al teration may be required by the city pursuant to its zoning power and authority. (17) Review of applications. The city shall process all applications for wireless communications towers and wireless communications facilities in a timely manner and in accordance with established procedures. The reason for the denial of any application filed in accordance with this provision shall be set forth in writing, and shall be supported by substantial evidence in a written record. (18) Appeals. At any time within 30 days after a written order, requirement, determination or final decision has been made by the Zoning Administrator or other official in interpreting or applying this division, except for actions taken in connection with prosecutions for violations thereof, the applicant or any other person affected by such action may appeal the decision in accordance with the provisions of the land use and development regulations. (19) Revocation. A material breach of any terms and conditions of a permit issued for a wireless communications tower or wireless communications facility under this division and the land use and development regulations may result in the revocation by the city of the right to operate, utilize or maintain the particular tower or wireless communications facility within the city following written notification of the violation to the owner or operator, and after failure to cure or otherwise correct said violation within 30 days. A violation of this division shall be subject to enforcement in accordance with the land use and development regulations. Penalties for a violation of a permit or this division may include fines and removal of the wireless communications tower or wireless communications facility at the owner’s expense. (Ord. 1424, passed 12-11-00) (P) Sign regulations. (1) Purpose. The purpose of this division is to allow effective signage appropriate to the character of each zoning district, to promote an attractive environment by minimizing visual clutter and confusion, to minimize adverse impacts on nearby property and protect the public health, safety and general welfare. (2) Application. The sign regulations set forth in this division shall apply to all structures and all land uses, except as otherwise prohibited by this article. All signs allowed by this division shall be limited to on -premise signs. (3) Permits. (a) Permit required. It shall be unlawful for any person to erect, build, construct, attach, hang, place, suspend, affix, structurally alter, or relocate any sign within the city without having first obtained a permit from the city unless herein excluded. 95 Item 2. City of Columbia Heights – Ordinance 1711 Page 72 (b) Application for sign permit. An application for a sign permit shall be filed with the Zoning Administrator on the approved form and shall be accompanied by such information as may be required to ensure compliance with the provisions of this division, including but not limited to, the following: 1. A drawing showing the proposed location of the sign for which the permit is being requested and the location of all existing signage on the premises. 2. A drawing indicating the size, color, content and materials of the sign, as well as the method of construction and attachment to the building or to the ground. 3. Engineering data showing the structure is designed to accommodate dead load and wind pressure, in any direction, in the amount required within this division, when specifically requested by the Zoning Administrator. (c) Application fee. Fees for all sign permits shall be established by resolution of the City Council. (d) Issuance of permit. Upon the filing of a completed application for a sign permit, the Zoning Administrator shall examine all accompanying drawing and supplemental data to determine compliance with the requirements of this division. Upon approval, the sign permit shall remain valid for a period of one year. If no work has commenced within such time period, a new permit shall be requir ed even if no changes have been made to the original site plan. (e) Exemptions. The following changes shall not require a sign permit. These exceptions shall not be construed as relieving the owner of the sign from the responsibility for its pro per erection and maintenance and its compliance with the provisions of this article or any other law or ordinance regulating the same. 1. The changing of the advertising copy or message of a painted or printed sign. Except for theater marquee s and changeable copy signs specifically designed for the use of replaceable copy, electric signs shall not be included in this exception. 2. Painting, repainting or cleaning of an advertising structure or the changing of the advertising copy or message thereon, unless a structural change is made. (4) General sign standards. (a) Construction requirements. All signs shall be constructed and maintained in such a manner so as to present a professional appearance and maintained in accordance with the applicable provisions of the Uniform Building and Electrical Codes. The site on which the sign is constructed shall utilize existing finished grade, and shall not be raised, bermed, or otherwise elevated above surrounding grade to achieve a greater height than allowed by this article. (b) Maintenance. All signs, including temporary signs, together with all of their supports, braces, guys, and anchors, shall be kept in good repair and in proper state of preservation. The dis play surfaces of all signs shall be kept neatly painted or posted. Every sign and the immediate surrounding premises shall be maintained by the owner or person in charge thereof in a safe, clean, sanitary, and inoffensive condition, and free and clear of a ll obnoxious substances, rubbish and weeds. (c) Inspection. All signs for which a permit is required shall be subject to inspection by the Zoning Administrator. The Zoning Administrator, or any other official of the municipality who may be appoi nted by him is hereby authorized to enter upon any property or premises to ascertain whether the provisions of this division are being obeyed. (5) Exempt signs. In all districts, the provisions of this section shall not apply to the following signs: 96 Item 2. City of Columbia Heights – Ordinance 1711 Page 73 (a) Signs of any governmental unit designed for regulatory and safety purposes; (b) Memorial plaques, cornerstones and historical tablets; (c) Political signs regulated per state statute; (d) Direction signs not more than two in number identifying the location and nature of a building, structure, or use which is not readily visible from the street, serving such building, structure, or use on lands forming part of the site of such buildings, structure, or uses, p rovided that each such sign is not more than ten square feet in total area; (e) Signs not exceeding nine square feet in area located upon private property and directed toward the prevention of trespassing; (f) Temporary signs pertaining to drives or events of charitable, educational or religious organizations, and governmental signs used for the promotion of citywide functions and/or events, provided that such signs shall not be erected or posted for a period of more than 14 days prior to the date of the event and shall be removed within three days thereafter; (g) Flags or emblems of political, civic, philanthropic, educational or religious organizations; (h) In residential districts, one temporary on-site, freestanding real estate sign advertising the sale, lease, or rental of the lot or premises upon which such sign is situated, provided the sign does not exceed six feet in height and 15 square feet in area. On corner lots, a second such sign may be locate d on the property if said sign abuts a second street right-of-way. No such temporary on-site sign shall remain seven days past the date of termination of such offering. (i) In commercial or industrial districts, one temporary on-site, freestanding real estate sign advertising the sale, lease, or rental of the lot or premises upon which such sign is situated, provided the sign does not exceed six feet in height and 32 square feet in area. On corner lots, a second such sign may be located on the pr operty if said sign abuts a second street right-of-way. No such temporary on-site sign shall remain seven days past the date of termination of such offering. (j) One on-site temporary sign advertising a group of lots for sale within a subdivision or a group of homes for sale within a project along each street frontage which bounds such subdivision or project, provided that the total area of such sign shall not exceed the greater of 64 square feet with no single dimension in excess of 16 feet or e ight square feet per lot or house for sale. No such on-site temporary sign shall remain past the sate of sale of the last lot within the subdivision or the last house within the housing project. (k) Temporary on-site signs indicating the name and nature of a construction or demolition project, plus the names of the contractors, subcontractors and professional advisors, provided the combined area of such signs fronting upon each street which abounds such project shall not exceed a ratio of two squ are feet of sign area for each 1,000 square feet of lot area. In no case shall the combined area of such signs fronting upon each street exceed the greater of 64 square feet with no single dimension in excess of 16 or eight square feet per house or lot on which such construction or demolition is located. The display of such sign shall be limited to a period not to exceed the duration of the said construction or demolition project, at which time such signs shall be removed. (l) Time and temperature signs not to exceed 20 square feet per sign and one sign per side of building. (m) In commercial or industrial districts, one temporary on-site banner or pennant advertising the sale of the lot or premises on which such a banner or pennant is situated, or one temporary on-site banner or pennant 97 Item 2. City of Columbia Heights – Ordinance 1711 Page 74 advertising the lease or rental of a tenant space, provided that the banner or pennant shall not exceed 48 square feet in area when advertising the sale of the lot or premises, and 32 square feet in area when advertising the lease or rental of a tenant space. No such banner or pennant shall remain past the date of the offering. (n) Public art shall not count towards any signage regulations and only the portion of the artwork displaying the name of the business shall count towards the overall signage area. (6) Prohibited signs. Signs that are not specifically permitted in this division are hereby prohibited in all districts unless criteria is presented to allow the Planning Commission to deem that the sign design preserves and maintains the community’s unique historical and cultural elements. Without restricting or limiting the generality of the provisions of the foregoing, the following signs are specifically prohibited: (a) A balcony sign and a sign mounted or supported on a balcony. (b) Any sign that obstructs any part of a doorway or fire escape. (c) Any sign which, because of its position, movement, shape, illumination or color constitutes a traffic hazard because it obstructs free and clear vision, or interrupts, confuses or misleads traffic. (d) A private sign containing words or symbols, which might reasonably be construed as traffic controls. (e) An animated or rotating sign, except barber poles and signs displaying time and temperature information only in the animated or rotating portion thereof. (f) A flashing sign, including indoor flashing, electrical signs visible from the public right - of-way, other than time and temperature signs limited to such time and temperature information. (g) Any roof sign, unless attached to mansard roof or similar decorative style roof that is vertical in nature. (h) A projecting sign which either extends more than 18 inches from the building or structure to which it is attached, or which is larger than three feet in vertical height, other than canopy or marquee signs. (i) Any sign that does not display the name of the manufacturer or maker permanently attached to, or painted or printed on, the exterior or structural supports of the sign. (j) Any sign that is erected, placed or maintained by any person on a rock, fence, or trees. (k) Any sign that interferes with any electric light, or power, t elephone, telecommunications, or telegraph wires, or the supports thereof. (l) Any sign containing electrical wiring which does not conform to the Electrical Code or the components thereof do not bear the label of an approved testing agency. (m) Temporary signage stuck into the ground, excluding political signs regulated per state statute, professional real estate signs, garage sale signs, and any listed in division (P)(5). (n) Variable electronic message signs. (o) If a parcel of land on which a building is located directly abuts residentially zoned land, no wall sign may be located on the side of the building that faces the abutting residential parcel. 98 Item 2. City of Columbia Heights – Ordinance 1711 Page 75 (7) Temporary signs. The following standards shall apply to temporary signs in all zoning districts, as defined in the Sign Design Standards Table: (a) Each temporary sign, with the exception of sandwich board signs, shall require a sign permit from the City of Columbia Heights. Signs not considered permanent shall be considered temporary and may not be used as permanent wall signage for the business. (b) No temporary sign shall extend over or into any street, alley, sidewalk or other public thoroughfare, and may not cover more than 25% of window area such that 75% of the total window area is kept clear at all times. (c) No temporary sign shall be erected so as to prevent free ingress to or egress from any door, window or fire escape, nor shall such sign be attached to any standpipe or fire escape. (d) Unauthorized use of temporary signage shall be subject to the other sanctions as provided herein. (8) Sign Design Standards Table. Any applicable signage allowed in Residential (R-1, R-2A, R-2B, R-3, R-4), Limited Business (LB), General Business (GB), Central Business District (CBD), Industrial (I-1 and I-2), and Public and Open Space (PO) shall follow the standards set forth in the design standards table described below: 9.106 Sign Design Standards Tables Zoning Districts Residential (R1, R-2A, R- 2B, R-3, R-4) Limited Business (LB) General Business (GB) Central Business (CBD) Industrial (I-1, I- 2) Public and Open Space (PO) Temp. Signs Not Permitted Permitted Max. Area N/A 48 Sq. Ft. 32 Sq. Ft. 48 Sq. Ft. Duration & Quantity Four (4) per year; limited to a 30-day period; no more than two temporary signs per business displayed at any time; if located within a shopping center, no more than four temporary signs may be displayed total. Grand Opening Signs Permitted (no permit required) Max. Area 50 Sq. Ft. Duration One sign for a max. of 60 consecutive days Sandwich Board Signs Not Permitted Permitted (no permit required) Not Permitted Max. Area N/A 8 Sq. Ft. per side N/A Max. Height 5 Feet Setbacks 5 Feet 5 Feet Dynamic LED Signage Conditional Use (Requires a Conditional Use Permit and only allowed on monument signs) Conditional Use (allowed on existing pylon signs) Max. Area No more than 60% of the copy and graphic sign area. Frequency of Message Change One message per 10 minutes of display time One message per 10 minutes of display time for religious One message change for each 10 seconds of display time for commercial. One message per 10 minutes of display time used 99 Item 2. City of Columbia Heights – Ordinance 1711 Page 76 for religious and educational uses. and educational uses. One message change for each 10 seconds of display time for commercial. in conjunction with a government facility. Max. illumination 5,000 nits (candelas per Sq. Ft.) during daylight; 500 nits between dusk to dawn measured from the sign face at maximum brightness. Wall Signs Permitted Max. Area 16 Sq. Ft. 2 Sq. Ft. per front foot of the building; not to exceed 50 Sq. Ft.; if facing a public alley, an additional sign not to exceed 4 Sq. Ft. is allowed 2 Sq. Ft. per front foot of the building; not to exceed 200 Sq. Ft.; if facing a public alley, an additional sign not to exceed 4 Sq. Ft. is allowed 2 Sq. Ft. per front foot of the building; not to exceed 100 Sq. Ft.; if facing a public alley, an additional sign not to exceed 4 Sq. Ft. is allowed 2 Sq. Ft. per front foot of the building; not to exceed 100 Sq. Ft. 2 Sq. Ft. per front foot of the building; not to exceed 200 Sq. Ft Max. Height Shall not extend above roof line Setback N/A Lighting Source External or internal Identification Signs Permitted Max. Area 2 Sq. Ft. 50 Sq. Ft. per surface for area identification signs in shopping centers; in addition to one wall sign for each business not to exceed 50 Sq. Ft. One identification sign for each use other than the primary use not to exceed 2 Sq. Ft. 100 Sq. Ft. per surface for area identification signs in shopping centers; in addition to one wall sign for each business not to exceed 100 Sq. Ft. One identification sign for each use other than the primary use not to exceed 2 Sq. Ft. One identification sign for each use other than the primary use not to exceed 2 Sq. Ft. Any number of identification signs limited to 40 Sq. Ft. per service Max. Height Shall not extend above roof line 10 Feet Setbacks N/A 5 feet from any property lines. Lighting Source External or internal Pylon Sign Not Permitted Permitted Permitted Not Permitted Permitted Permitted Maximum Area N/A 40 Sq. Ft. 75 Sq. Ft. N/A 100 Sq. Ft. Any number of freestanding identification signs limited to 40 Sq. Ft. per 100 Item 2. City of Columbia Heights – Ordinance 1711 Page 77 service Maximum Height 20 Feet above grade at street level or the base of the sign, whichever is greater. 25 Feet above the grade at street level or at the base of the sign, whichever is greater. 25 Feet above the grade at street level or at the base of the sign, whichever is greater. 10 Feet Setback 20 Feet from front lot line; 5 Feet from any building or structure on the same lot 20 Feet from front lot line; 5 Feet from any building or structure on the same lot 5 feet from any property lines. Lighting Source External or internal External or internal Monument Sign Not Permitted Permitted Maximum Area N/A 40 Sq. Ft. 50 Sq. Ft. Maximum Height 8 Feet above grade at street level or at the base of the sign, whichever is greater 10 Feet above grade at street level or at the base of the sign, whichever is greater 10 Feet Setback 5 Feet from all property lines and any buildings on the same lot Lighting Source External or internal Institutional Signs Permitted Not Permitted Permitted Maximum Area 40 sq. ft. N/A Any number of freestanding identification signs limited to 40 Sq. Ft. per service Maximum Height Wall signs shall not extend above roof line; pylon shall not extend beyond 25 feet; monument sign shall not exceed 10 feet. 10 Feet Setback 10 feet from all property lines; if there are multiple structures, a second institutional sign may be installed if there is 75 feet between the two signs. 5 feet from any property lines. Lighting Source External or internal External or Internal Window Signs Permitted (exempt) Maximum Area No more than 25% of window area 101 Item 2. City of Columbia Heights – Ordinance 1711 Page 78 (9) Dynamic LED signage. (a) Regulations. Dynamic LED signage is allowed as a conditional use in those zoning districts specified in this code. All dynamic LED signage is subject to the following conditions: 1. Motor fuel stations may display dynamic LED signs as part of the pylon sign to promote motor fuel prices only. Such motor fuel price signs do not require a conditional use permit. All dynamic LED signs may occupy no more than 60% of the actual copy and graphic area. The remainder of the sign must no t have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2. Changes necessary to correct hour-and-minute, date, or temperature information may change as frequently as once every five seconds. 3. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dyn amic LED sign displays. 4. Dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this section. 5. LED signs must have an automatic dimmer control to produce a distinct illumination cha nge from a higher illumination level to a lower level for the time period between one-half hour before sunset and one half-hour after sunrise. 6. Dynamic LED signs existing on the effective date of Ordinance 1593, passed April 25, 2011, must co mply with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements may continue as a non-conforming sign subject to § 9.105(E). (10) Signs in LB, Limited Business District. (a) Restrictions on permitted signs. In the LB, Limited Business District , permitted signs are subject to the following restrictions: 1. One freestanding pylon sign only if the building or structure is located adjacent to a state trunk highway and located 20 feet or more from the front lot line, not to exceed 40 square feet per surface, and limited to two surfaces. 2. If not located adjacent to a state trunk highway and/or where the 20-foot setback cannot be met, one monument sign not to exceed 40 square feet in size, limited to two sides, not to exceed 8 feet in height, and set a minimum of 5 feet from any property line. 3. One wall sign per building with an area of the lesser of 20 square feet or 1/2 square foot for each front foot of a building or structure provided that the said sign is located on the same side of the building as an entrance approved by the City Building Official as a public entrance and provided that the said public entrance and sign faces a parking facility designated by the city as approved public parking. 102 Item 2. City of Columbia Heights – Ordinance 1711 Page 79 (11) Signs in CBD, Central Business District. (a) Permitted signs. In the CBD, Central Business District, permitted signs shall be subject to the following restrictions: (12) Signs in the GB, General Business District. (a) Permitted signs. In the GB, General Business District, permitted signs shall be subject to the following restrictions: 1. One freestanding pylon sign is allowed only if the building or structure is located adjacent to a state trunk highway and located 20 feet or more from the front lot line, provided, however, that: a. If the building contains more than 80,000 square feet of gross floor area or the site on which the building is located contains more than 90,000 square feet of surface area; b. If the street frontage of the site on which the building or structure is located exceeds 150 feet in length; and c. If the building is located 20 feet or more from the front lot line and is located adjacent to a state trunk highway, a second freestanding sign not to exceed 75 square feet and limited to two surfaces shall be permitted at a location at least 50 feet distant from any other freestanding sign and at least 25 feet distant from the lot line of any adjoining parcel of and other than a street or alley. 2. One wall sign per building with an area of the lesser of 20 square feet or 1/2 square foot for each front foot of a building or structure provided that the said sign is located on the same side of the building as an entrance approved by the City Building Official as a public entrance and provided that the said public entrance and sign faces a parking facility designated by the city as approved public parking. 3. The maximum height of a monument sign, including its structures, shall not exceed eight feet above grade at street level or at the base of the sign, whichever is greater, unless the monument sign is located in the Design Overlay Highway District. In this case, the maximum height may be increased to ten feet above grade at street level or at the base of the sign, whichever is greater, if the principal structure is greater than or equal to 22 feet in height. (13) Signs in I-1 and I-2 Industrial Districts. (a) Permitted signs. In the 1-1, Light Industrial District, and the I-2, General Industrial District, permitted signs shall be subject to the following restrictions: 1. Billboards located adjacent to public streets with speed limits of 45 miles per hour or more, placed at a minimum of 1,500-foot intervals, not to exceed 100 square feet per surface and limited to two surfaces. (14) Signs for nonconforming residential uses. Sign number and area for residential uses in commercial, business or industrial zones are limited to the maximum number and area for the actual use of the subject property. (15) Minimum yard requirements–freestanding signs. The minimum front, side and rear yard requirements for freestanding signs shall be ten feet from any property line or as otherwise stated in this article. When the bottom edge of the freestanding pylon sign is eight feet or more above grade, the leading edge of the sign may exten d within one foot of the property line. Provided, however, no freestanding sign shall invade the area required for traffic visibility by this division. 103 Item 2. City of Columbia Heights – Ordinance 1711 Page 80 (Q) Erosion and sediment control. (1) Purpose. (a) During the construction process, soil is highly vulnerable to erosion by wind and water. Eroded soil endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other desirable species. Eroded soil also necessitates repair of sewers and ditches and the dredging of lakes. (b) As a result, the purpose of this local regulation is to safeguard persons, protect property, and prevent damage to the environment in the city. This division will also promote the public welfare by guidin g, regulating, and controlling the design, construction, use, and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land in the city. This division is to be used in supplement to the City Zoning Code, § 9.106 and to any other regulations as required by state agencies. (2) Definitions. For the purpose of this division, the following definitions shall apply unless the context clearly indicates or requires a different meaning. AS-BUILT PLANS. Record drawings of approved and as-constructed improvements. BEST MANAGEMENT PRACTICES (BMPs). Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation of surface water, including avoidance of impacts, construction phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated area -wide planning agencies. CLEARING. Any activity that removes the vegetative surface cover. CONSERVATION EASEMENT. Legal land preservation agreement between a landowner and a municipality or a qualified land protection organization. The easement confers the transfer of usage rights from one party to another. CONSTRUCTION ACTIVITY. A disturbance to the land that results in a change in the topography, or the existing soil cover (both vegetative and non-vegetative). Examples of construction activity may include clearing, grading, filling and excavating. CONTRACTOR. The party who signs the construction contract. Where the construction project involves more than one contractor, the general contractor shall be the contractor that is responsible pursuant to the obligations set forth in this division. DEVELOPER. The party who signs the development agreement with the city to construct a project. DEWATERING. The removal of water for construction activity. It can be a discharge of appropriated surface or groundwater to dry and/or solidify a construction site. Minnesota Department of Natural Resources permits are required to be appropriated, and if contaminated, may require other MPCA permits to be discharged. EROSION. The wearing away of the ground surface as a result of movement of wind, water, ice and/or land disturbance activities. EROSION CONTROL. A measure that prevents erosion, including, but not limited to: soil stabilization practices, limited grading, mulch, temporary or permanent cover, and construction phasing. 104 Item 2. City of Columbia Heights – Ordinance 1711 Page 81 EROSION CONTROL INSPECTOR. A designated agent given authority by the city to inspect and maint ain erosion and sediment control practices. FINAL GRADE. Excavation or fill of material to final plan elevation. Final grade completed as part of individual site development. FINAL STABILIZATION. All soil disturbing activities at the site have been completed and a uniform (evenly distributed, without large bare areas) perennial vegetative cover, with a density of 70% of approved vegetative cover, for the area has been established on all unpaved areas and areas not covered by permanent stru ctures, or equivalent permanent stabilization measures have been employed. GRADING. Excavation or fill of material, including the resulting conditions thereof. GRADING, DRAINAGE AND EROSION CONTROL PERMIT. A permit issued by the municipal ity for the construction or alteration of the ground and for the improvements and structures for the control of erosion, runoff, and grading. Hereinafter referred to as GRADING PERMIT. GRADING, DRAINAGE AND EROSION CONTROL PLANS. A set of plans prepared by or under the direction of a licensed professional engineer. Plans are required to indicate the specific measures and sequencing to be used to control grading, sediment and erosion on a development site during and after construction as detailed in the "Zoning Ordinance" and City SWPPP. IMPERVIOUS SURFACE. A constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads. LAND DISTURBING ACTIVITY. Any land change that may result in soil erosion from water or wind and the movement of sediments into or upon waters or lands within the city’s jurisdiction, including, but not limited to, clearing, grubbing, grading, excavating, transporting and filling. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). The program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act (Sections 301, 318, 402, and 405) and United States Code of Federal Regulations Title 33, Sections 1317, 1328, 1342, and 1345. PERIMETER SEDIMENT CONTROL. A barrier that prevents sediment from leaving a site by filtering sediment - laden runoff or diverting it to a sediment trap or basin. PERMANENT COVER. Final site stabilization. Examples include turf, gravel, asph alt, and concrete. PHASING. Clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next. PUBLIC WATERWAY. Any body of water, including, but not limited to, lakes, ponds, rivers, streams, and bodies of water delineated by the city or other state or federal agency. PUBLIC WORKS DIRECTOR. A registered professional engineer with the State of Minnesota who has received training and is given authority by the city to review, authorize, approve, inspect, and maintain erosion and sediment control plans and practices. ROUGH GRADE. Excavation or fill of material to a condition suitable for general maintenance. 105 Item 2. City of Columbia Heights – Ordinance 1711 Page 82 SEDIMENT. The product of an erosion process; solid material, both mineral and organic, that is in suspension, is being transported, or has been moved by water, air, or ice, and has come to rest on the earth’s surface, either above or below water level. SEDIMENT CONTROL. Measures and methods employed to prevent sediment from leaving the site. Sediment control practices may include, but are not limited to, silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drains, pipe slope drains, storm drain inlet protection, and temporary or permanent sedimentation basins. SITE. A parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation. STABILIZED. The exposed ground surface has been covered by appropriate m aterials such as mulch, staked sod, riprap, wood fiber blanket, or other material that prevents erosion from occurring. Grass seeding is not stabilization. STANDARD PLATES. General drawings having or showing similar characteristics or qualities th at are representative of a construction practice or activity. START OF CONSTRUCTION. The first land-disturbing activity associated with a development, including land preparation such as clearing, grading, excavation and filling. STORM WATER. Defined under Minn. Rules, part 7077.0105, subp. 41(b), and includes precipitation runoff, storm water runoff, snow melt runoff, and any other surface runoff and drainage. STORM WATER POLLUTION PREVENTION PROGRAM (SWPPP). A program for managin g and reducing storm water discharge that includes erosion prevention measures and sediment controls that, when implemented, will decrease soil erosion on a parcel of land and decrease off-site nonpoint pollution. SURFACE WATER or WATERS. All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems, whether natural or artificial, public or private. TEMPORARY EROSION CONTROL. Methods employed to prevent erosion. Examples of temporary cover include: straw, wood fiber blanket, wood chips, and erosion netting. WATERWAY. A channel that directs surface runoff to a watercourse or to the pu blic storm drain. WATER CONVEYANCE SYSTEM. Any channel that conveys surface runoff throughout the site. WETLAND or WETLANDS. Defined in Minn. Rules, part 7050.0130, subp. F, and includes those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Constructed wetlands designed for wastewater treatment are not waters of the state. ZONING ORDINANCE. City code detailing city specifications for all plan requirements. (3) Permits. (a) Approval. No person shall be granted a grading permit for land-disturbing activity that would require the uncovering or distributing of material in excess of any of the following measurements without the approval of a Grading, Erosion and Sediment Control, and Storm Water Mana gement Plan by the city. 106 Item 2. City of Columbia Heights – Ordinance 1711 Page 83 1. Ten thousand square feet. 2. Five hundred cubic yards undeveloped land, or 50 cubic yards developed land. 3. Within 1,000 feet of a waterway. (b) Exception. No grading permit is required for land disturbances under the amounts specified above, or for the following activities: 1. Any emergency activity that is immediately necessary for the protection of life, property, or natural resources. 2. General establishment of new construction lawns, or the addition of four or fewer inches of topsoil. 3. Existing nursery and agricultural operations conducted as a permitted main or accessory use. (c) Application requirements. 1. Each application shall bear the name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant, together with the name of the applicant's principal contact at such firm. 2. A filing fee and security as outlined by the city’s Zoning Ordinance and subdivision (d) below. 3. A Grading, Erosion and Sediment Control, and Storm Water Management Plan meeting the requirements of this division. Each application shall include the required number of plans and other required materials as specified on the application form. 4. The application form shall include a statement by the applicant that any land clearing, construction, or development involving the movement of earth shall be in accordance with the approved Grading, Erosion and Sediment Control, and Storm Water Management Plan. (d) Security. 1. The permittee will be required to file with the city an irrevocable, automatically renewing letter o f credit, or other improvement security in the amount specified by the current city SWMDS for fee schedule. a. The security shall cover all costs of engineering and inspection, site improvements, street sweeping, repairs to erosion control measures, and maintenance of improvements for such period as specified by the city. Such deposit shall be provided prior to the release of the grading permit. b. Deposit shall be released after final stabilization is complete, erosion control measures have been removed, and their removal area inspected. 2. Individual lot developers shall be required to provide a bond with a building permit application. a. The security shall cover city costs for street sweeping, installation, maintenance and repairs to erosion control measures. The bond will be in an amount as specified by the current city SWMDS for fee schedule. b. The security shall be released after turf is established as specified in the Ci ty Zoning Ordinance. (e) Procedure. The city will review each application for grading permit to determine its conformance with the provisions of this regulation and other applicable requirements. The city requires complete application no less th an 15 working days in advance of the desired grading permit date. Upon complete application, the city shall, in writing: 107 Item 2. City of Columbia Heights – Ordinance 1711 Page 84 1. Approve the permit application; 2. Approve the permit application, subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the permit subject to these conditions; or 3. Disapprove the permit application, indicating the reason(s) and procedure for submitting a revised application and/or submission; 4. Appeals of denial of permit shall be processed in accordance with appeal to the City Zoning Ordinance. (4) Grading, Erosion and Sediment Control, and Storm Water Management Plan requirements. (a) Plan requirements. Grading, erosion control practices, sediment control practices, storm water management practices, and waterway crossings shall meet the design criteria set forth in the Grading, Erosion and Sediment Control, and Storm Water Management Plan, and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the city. No land shall be disturbed until the plan is approved by the Public Works Director, and conforms to the standards set forth herein. (b) The Grading, Erosion and Sediment Control, and Storm Water Management Plan shall comply with all of the NPDES general construction storm water permit requirements and the city’s SWMDS for temporary erosion and sediment control, waste control, final stabilization and permanent water quality. (5) Construction requirements. Construction specifications, waterway and watercourse protections requirements, and pollution prevention management measures shall comply, at a minimum, with all of the NPDES general construction storm water permit requirements, in addition to the city’s SWMDS. (6) Inspection. Notification, procedures, material requirements, permittee inspection, authorization, and record keeping shall comply, at a minimum, with all of the NPDES general construction storm water permit requirements, in addition to the city’s SWMDS. (7) Site maintenance. Responsibilities, maintenance requirements, and lapses regarding site maintenance shall comply, at a minimum, with all of the NPDES general construction storm water permit requirements, in addition to the city’s SWMDS. (8) Final stabilization requirements. Final stabilization is not complete until the criteria laid out in the NPDES general construction storm water permit and the city’s SWMDS are met. (9) Post-construction storm water management. All post-construction storm water management plans must be submitted to the Public Works Director prior to the start of construction activity. Standards for post -construction storm water management shall be as follows: (a) Specifications. At a minimum, applicants shall comply with all of the NPDES general construction storm water permit requirements. (b) Design criteria. Permanent storm water management systems shall meet the design criteria as provided in the city’s SWMDS. (c) Maintenance agreement. The applicant shall enter into a maintenance agreement with the city that documents all responsibilities for operation and maintenance of long-term storm water treatment BMPs. Such responsibilities shall be documented in a maintenance plan and executed through a maintenance agreement. All maintenance agreements must be approved by the city and recorded at the County Recorder’s office prior to final 108 Item 2. City of Columbia Heights – Ordinance 1711 Page 85 plan approval. At a minimum, the maintenance agreement shall describe the following inspection and maintenance obligations: 1. The responsible party who is permanently responsible for inspection and maintenance of the structural and nonstructural measures. 2. Pass responsibilities for such maintenance to successors in title. 3. Allow the city and its representatives the right of entry for the purposes of inspecting all permanent storm water management systems. 4. Allow the city the right to repair and maintain the facility, if necessary maintenance is not performed, after proper and reasonable notice to the responsible party of the permanent storm water management system. 5. Include a maintenance plan that contains, but is not limited to, the following: a. Identification of all structural permanent storm water management systems. b. A schedule for regular inspections, monitoring, and maintenance for each pract ice. Monitoring shall verify whether the practice is functioning as designed and may include, but is not limited to, quality, temperature, and quantity of runoff. c. Identification of the responsible party for conducting the inspection, mo nitoring, and maintenance for each practice. d. Include a schedule and format for reporting to the city compliance with the maintenance agreement. 6. The issuance of a permit constitutes a right of entry for the city or its c ontractor to enter upon the construction site. The applicant shall allow the city and its authorized representatives, upon presentation of credentials, to: a. Enter upon the permitted site for the purpose of obtaining information, examinin g records, conducting investigations or surveys. b. Bring such equipment upon the permitted development as is necessary to conduct such surveys and investigations. c. Examine and copy any books, papers, records, or memoranda pertaining to activities or records required to be kept under the terms and conditions of the permit. d. Inspect the storm water pollution control measures. e. Sample and monitor any items or activities pertaining to storm water pollution control measures. f. Correct deficiencies in storm water and erosion and sediment control measures. (10) Certification. (a) Approved Grading, Erosion and Sediment Control, and Storm Water Management Plan. Plans for grading, stripping, excavating, and filling work, bearing the approval of the Public Works Director, shall be maintained at the site during the progress of the work. 109 Item 2. City of Columbia Heights – Ordinance 1711 Page 86 (b) Procedure. The city will withhold issuance of building permits until the approved certified Grading Plan and Site Development Plan are on file with the city, all securities as required by this division are received, conservation posts are installed, and all erosion control measures are in place as determined by t he Public Works Director. (c) As-built Grading Plan and Development Plan. Within 60 days after completion of site development, as per the approved Grading, Erosion and Sediment, and Storm Water Management Plan, the developer shall provide the city with an As-built Grading Plan and Development Plan as defined in the City Zoning Ordinance. (d) Removal of erosion control measures. The above-specified requirements will be authorized for removal upon the sodding of the rear yards, completion of punch list items involving ponds and slopes, final stabilization, completion of proper turf establishment, and placement of the proper conservation easement posts and signs as specified. Inspection is required after the removal of erosion control measures to verify proper restoration. Please refer to City Zoning Ordinance for specifications. (11) Enforcement. (a) Notice of violation. 1. In the event that any work on the site does not conform to the approved erosion and sediment control plan, or any of the requirements listed in the provisions of this article, the Public Works Director, or his or her designee, shall issue a written notice of violation to the applicant, detailing the corrective actions necessary for compliance. 2. The applicant shall conduct the corrective actions within the time period determined by the city and stated in the notice. 3. If an imminent hazard exists, the city may require that the corrective work begin immediately. (b) Stop work order/revocation of site development permit. 1. In the event that any person holding a site development permit pursuant to this article violates the terms of the permit or implements site development in such a manner as to materially adversely affect the health, welfare, environment, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in th e neighborhood, the city may suspend or revoke the site development permit through the issuance of a stop work order, or the revocation of the site development or building permit. 2. The city may draw down on the grading permit security, with 30 days written notice to developer, for any violation of the terms of this contract related to landscaping, if the violation is not cured within such 30 -day period, or if the security is allowed to lapse prior to the end of the required term. If the secu rity is drawn down, the proceeds shall be used to cure the default. 3. No development, utility or street construction will be allowed and no building permits will be issued unless the development is in full compliance with the requirements of this subdivision. (c) Violation and penalties. 1. No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of this division. Any person violating any of the provisions 110 Item 2. City of Columbia Heights – Ordinance 1711 Page 87 of this division shall be deemed guilty of a misdemeanor and each day during which any violation of any of the provisions of this division is committed, continued, or permitted, shall constitute a separate offense. 2. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine as specified by the city ordinance for fee schedule for each offense. In addition to any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of this division shall be required to bear the expense of such restoration. (R) Small wireless facilities. (1) Purpose. (a) The purpose of this division is to establish specific requirements for obtaining a small wireless facility permit for the installation, mounting, modification, operation, and replacement of small wireless facilities and installation or replacement of wireless support structures by commercial wireless providers on public and private property, including in the public right-of-way. (b) This division does not apply to any wireline facilities, including wireline backhaul facilities. A wireless provider must obtain a small cell pole attachment permit pursuant to or other applicable authorization for use of the public right-of-way to construct, install, replace, or modify any wireline backhaul facility, such as fiber optic cable. The granting of a small wireless facility permit pursuant to this division is not a grant of such authorization. (2) Definitions. In this division, the following terms shall have the meaning ascribed to them below: APPLICABLE LAW. All applicable federal, state, and local laws, codes, rules, regulations, orders, and ordinances, as the same be amended or adopted from time to time. APPLICANT. Any person submitting a small wireless facility permit application under this division. CITY. The City of Columbia Heights, Minnesota. COLLOCATE or COLLOCATION. To install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure that is owned privately or by the city. DAYS. Counted in calendar days unless otherwise specified. When the day, or the last day, for taking any action or paying any fee falls on Saturday, Sunday, or a federal holiday, the action may be taken, or the fee paid, on the next succeeding secular or business day. DECORATIVE POLE. A utility pole owned, managed, or operated by or on behalf of the city or any other governmental entity that: 1. Is specifically designed and placed for an aesthetic purpose; and 2. a. On which a nondiscriminatory rule or code prohibits an appurtenance or attachment, other than: i. A small wireless facility; ii. A specialty designed informational or directional sign; or iii. A temporary holiday or special event attachment; or b. On which no appurtenance or attachment has been placed, other than: 111 Item 2. City of Columbia Heights – Ordinance 1711 Page 88 i. A small wireless facility; ii. A specialty designed informational or directional sign; or iii. A temporary holiday or special event attachment. DEPARTMENT. The Department of Public Works of the city. DESIGN DISTRICT. Any district within the city within which architectural design element s are required. DIRECTOR. The Director of the department. EXCAVATE. To dig into or in any way remove, physically disturb, or penetrate a part of a public right -of-way. FCC and COMMISSION. The Federal Communications Commission. HISTORIC DISTRICT. A geographically definable area, urban or rural, that possesses a significant concentration, linkage or continuity of sites, buildings, structures or objects united historically or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically during the period of significance but linked by association or function. MICRO WIRELESS FACILITY. A small wireless facility that is no larger than 24 inches long, 15 inches wi de, and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches. OBSTRUCT. To place a tangible object in a public right-of-way so as to hinder free and open passage over that or any part of the public right-of-way. PERMITTEE. A person that has been granted a small wireless facility permit by the department. PERSON. Any individual, group, company, partnership, association, joint stock company, trust, corporation, society, syndicate, club, business, or governmental entity. PERSON shall not include the city. PUBLIC RIGHT-OF-WAY. The area on, below, or above a public roadway, highway, street, cartway, bicycle lane, and public sidewalk in which the city has an interest, including other dedicated rights-of-way for travel purposes and utility easement of the city. SMALL WIRELESS FACILITY. 1. A wireless facility that meets both of the following qualifications: a. Each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all its exposed elements could fit within an enclosure of no more than six cubic feet; and b. All other wireless equipment associated with the small wireless facility, excluding electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the c onnection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment, is in aggregate no more than 28 cubic feet in volume; or 2. A micro wireless facility. 112 Item 2. City of Columbia Heights – Ordinance 1711 Page 89 SMALL WIRELESS FACILITY PERMIT. A permit issued by the department authorizing the installation, mounting, maintenance, modification, operation, or replacement of a small wireless facility or installation or replacement of a wireless support structure in addition to collocation of a small wireless facility on the wireless support structure. UTILITY POLE. A pole that is used in whole or in part to facilitate telecommunications or electric service. It does not include a traffic signal pole. WIRELINE BACKHAUL FACILITY. A facility used to transport communications data by wire from a wireless facility to a communications network. WIRELESS FACILITY. 1. Equipment at a fixed location that enables the provision of wireless service bet ween user equipment and a wireless service network, including: a. Equipment associated with wireless service; b. A radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration; and c. A small wireless facility. 2. WIRELESS FACILITY does not include: a. Wireless support structures; b. Wireline backhaul facilities; or c. Coaxial or fiber-optic cables between utility poles or wireless support structures, or that are not otherwise immediately adjacent to or directly associated with a specific antenna. WIRELESS PROVIDER. A provider of wireless service, including, but not limited to, radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves and which permits a user generally to receive a call that originates and/or terminates on the public switched network or its functional equivalent, regardless of the radio frequencies used. WIRELESS SERVICE. Any service using licensed or unlicensed wireless spectrum, including the use of wi -fi, whether at a fixed location or by means of a mobile device, that is provided using wireless facilities. WIRELESS SERVICE does not include services regulated under Title VI of the Communications Act of 1934, as amended, including a cable service under United States Code, Title 47, Section 522, Clause (6). WIRELESS SUPPORT STRUCTURE. A new or existing structure in a public right-of-way designed to support or capable of supporting small wireless facilities, including, but not limited to, a utility pole or a building, as reasonably determined by the department. (3) Small wireless facility permit applications. (a) Application form. The Director shall develop and make publicly available a form application. To the extent possible, the Director shall allow for applications to be consolidated pursuant to this division. A complete application must be submitted for each small wireless facility permit desired. 113 Item 2. City of Columbia Heights – Ordinance 1711 Page 90 (b) Consolidated applications. A wireless provider may apply for up to 15 small wireless facility permits in a consolidated application, provided all small wireless facilities in the consolidated application are located within a two-mile radius, consist of substantially similar equipment, and are to be collocated on similar types of wireless support structures. The department shall review a consolidated application as allowed by this division. If necessary, the applied-for small wireless facility permits in a consolidated application may be approved or denied individually, but the department may not use the denial of one or more permits as a basis to deny all small wireless facility permits in a consolidated application. Any small wireless facility permits denied in a consolidated application shall be subject to a single appeal. (c) Information not required. The department shall not require an applicant to provide any information that: 1. Has previously been provided to the department by the applicant in a small wireless facility permit application, if the applicant provides specific reference to the previous application containing the information sought by the department and the previous information remains unchanged; and 2. Is not reasonably necessary to review a small wireless facility permit application for compliance with generally applicable and reasonable health, safety, and welfare regulations, and to demonstrate compliance with applicable Federal Communications Commission regulations governing audio frequency exposure, or other information required by this division. (4) Establishment of general standards. (a) General standards. The Director shall establish and maintain a set of standards for the installation, mounting, maintenance, modification, operation, or replacement of small wireless facilities and placing new or replacement wireless support structures in the public right-of-way applicable to all permittees under this division. The general standards shall include, but not be limited to, information to be required in a small wirel ess facility permit application, design standards, construction standards, aesthetic standards, a form application, permitting conditions, insurance and security requirements, and rates and fees. (b) Design standards. Any design standards established by the Director shall be: 1. Reasonable and nondiscriminatory; and 2. Include additional installation and construction details that do not conflict with this division, including, but not limited to, a requirement that: a. An industry standard pole load analysis be completed and submitted to the city, indicating that the wireless support structure to which the small wireless facility is to be attached will safely support the load; and b. Small wireless facility equipment on new and existing wireless support structures be placed higher than 15 feet above ground level. 3. The Director shall additionally include the following in any design standards established under this division. a. Any wireless support structure installed in the public right-of-way after May 31, 2017, may not exceed 50 feet above ground level, unless the city agrees to a greater height, subject to local zoning regulations, and may be subject to separation requirements in relation to other wireless support structures; 114 Item 2. City of Columbia Heights – Ordinance 1711 Page 91 b. Any wireless support structure replacing an existing wireless support structure that is more than 50 feet above ground level may be placed at the height of the existing wireless support structure, unless the city agrees to a greater height, subject to zoning regulations; c. Wireless facilities constructed in the public right-of-way after May 31, 2017, may not extend more than ten feet above an existing wireless support structure in place as of May 31, 2017; d. If necessary to collocate a small wireless facility, a wireless provider may replace a decorative pole if the replacement pole reasonably conforms to the design and aesthetic qualities of the displaced decorative pole, subject to the approval of the Director of Public Works; e. A wireless provider shall comply with the city's requirements to install facilities underground, including, without limitation, in compliance with § 6.301 of the City Code; and f. All small wireless facilities collocated or wireless support structures installed in a Design District or Historic District shall comply with any design or concealment or other measures required by the city. (c) Construction standards. Any construction standards established by the Director shall include at least the following terms and conditions: 1. Compliance with applicable law. To the extent this requirement is not preempted or otherwise legally unenforceable, a permittee shall comply with all applicable law and applicable industry standards. 2. Prevent interference. A permittee shall collocate, install, and continuously operate any authorized small wireless facilities and wireless support structures in a manner that prevents interference with other wireless facilities and other facilities in the right-of-way and the operation thereof. With appropriate permissions from the department, a permittee shall, as is necessary for the safe and reliable operation, use, and maintenance of an authorized small wireless facility or wireless support structure, maintain trees as prescribed by standards promulgated by the department. 3. Other rights not affected. A permittee shall not construe a contract, permit, correspondence, or other communication from the city as affecting a right, privilege, or duty previously conferred or imposed by the department to or on another person. 4. Restoration. A permittee, after any excavation of a public right-of-way, shall provide for restoration of the affected public right-of-way and surrounding areas, including the pavement and its foundation, to the same condition that existed before the excavation. If a permittee fails to adequately restore the public right-of-way within a specified date, the department may: a. Itself restore the public right-of-way and recover from the permittee the reasonable costs of the surface restoration; or b. Recover from the permittee a reasonable degradation fee associated with a decrease in the useful life of the public right-of-way caused by the excavation. 5. A permittee that disturbs uncultivated sod in the excavation or obstruction of the public right-of-way shall plant grasses that are native to Minnesota and, wherever practicable, that are of the local eco -type, as part of the restoration required under this division, unless the owner of the real property over which the public r ight-of-way traverses objects. In restoring the public right-of-way, the permittee shall consult with the Department of Wildlife Conservation regarding the species of native grasses that conform to the requirements of this division. 115 Item 2. City of Columbia Heights – Ordinance 1711 Page 92 6. Permittee’s liability. A permittee is solely responsible for the risk and expense of the collocation of the permittee’s small wireless facility and installing or replacing the permittee's wireless support structure. The city neither warrants nor represents that any area within the public right-of-way is suitable for such collocation or installation or replacement. A permittee shall accept the public right-of-way as is and where is and assumes all risks related to any use. The city is not liable for damage to smal l wireless facilities due to an event of damage to a wireless support structure in the public right-of-way. (5) Small wireless facility application review process. (a) Eligibility for review. An application shall be eligible for review if the application conforms to the general standards adopted by the Director. (b) Authorization. A small wireless facility permit issued pursuant to any application processed hereunder shall authorize: 1. The installation, mounting, modification, operation, and replacement of a small wireless facility in the public right-of-way or city-owned property; or 2. Construction of a new, or replacement of an existing, wireless support structure, and collocation of a small wireless facility on the wireless support structure. (c) Review process. An application submitted pursuant to this section shall be reviewed as follows: 1. Submission of application. Applicant shall submit a complete application accompanied by the appropriate application fee as set forth in § 9.106(R)(15) to the department. Prior to submitting a small wireless facility permit application, an applicant shall inspect any wireless support structure on which it proposes to collocate a small wireless facility and determine, based on a structural engineering analysis by a Minnesota registered professional engineer, the suitability of the wireless support structure for the proposed collocation. The structural engineering analysis shall be submitted to the department with the application, and shall certify that the wireless support structure is capable of safely supporting the proposed small wireless facility considering conditions at the proposed location, including the condition of the public right-of-way, hazards from traffic, exposure to wind, snow and/or ice, and other conditions affecting the proposed small wireless facility that may be reasonably anticipated. 2. Application review period. The department shall, within 60 days af ter the date a complete application for the collocation is submitted to the department, issue or deny a small wireless facility permit pursuant to the application. The department shall, within 90 days after the date a complete application for a new or repl acement wireless support structure in addition to the collocation of a small wireless facility is submitted to the department, issue or deny a small wireless facility permit pursuant to the application. If the department receives applications within a single seven-day period from one or more applicants seeking approval of small wireless facility permits for more than 30 small wireless facilities or ten wireless support structures, the department may extend the 90 -day review period of this division by an additional 30 days. If the department elects to invoke this extension, it must inform in writing any applicant to whom the extension will be applied. 3. Completeness determination. The department shall review a small wireless facility permit app lication for completeness following submittal. The department shall provide a written notice of incompleteness to the applicant within ten days of receipt of the application, clearly and specifically delineating all missing documents or information. Information delineated in the notice is limited to documents or information publicly required as of the date of application and reasonably related to the department’s determination of whether the proposed equipment falls within the definition of a small wireless facility and whether the proposed deployment satisfies all health, 116 Item 2. City of Columbia Heights – Ordinance 1711 Page 93 safety, and welfare regulations applicable to the small wireless facility permit request and complies with this division and applicable standards promulgated by the department. If an applicant fails to respond to the department’s notice of incompleteness within 90 days, the application shall be deemed expired and no small wireless facility permit shall be issued. Upon an applicant’s submittal of additional documents or information in respon se to a notice of incompleteness, the department shall within ten days of submission notify the applicant in writing of any information requested in the initial notice of incompleteness that is still missing. Second or subsequent notices of incompleteness may not specify documents or information that were not delineated in the original notice of incompleteness. 4. Reset and tolling of review period. In the event that a small wireless facility permit application is incomplete, and the department has provided a timely and complete written notice of incompleteness, then the applicable review period shall be reset, pending the time between when a notice is mailed and the submittal of information in compliance with the notice. Subsequent notices shall toll the applicable review period. An applicant and the department can mutually agree in writing to toll the applicable review period at any time. 5. Moratorium prohibited. Notwithstanding any applicable law to the contrary, including, but not limited to, M.S. §§ 394.34 and 462.355, the department shall not establish any moratorium with respect to the filing, receiving, or processing of applications for small wireless facility permits, or issuing or approving small wireless facility permits . 6. Nondiscriminatory processing of applications. The department shall ensure that any application processed under this division is performed on a nondiscriminatory basis. 7. Permit not required. A permittee shall provide 30 days advance written notice to the department, but shall not be required to obtain a small wireless facility permit, or pay an additional small wireless facility permit fee for: a. Routine maintenance; b. The replacement of a small wireless facility with a small wireless facility that is substantially similar to or smaller in size; or c. The installation, placement, maintenance, operation, or replacement of a micro wirel ess facility that is strung on a cable between existing utility poles, in compliance with the National Electrical Safety Code. (6) Small wireless facility permit conditions. (a) General conditions of approval. In processing and approving a small wireless facility permit, the department shall condition its approval on compliance with: 1. Generally applicable and reasonable health, safety, and welfare regulations consistent with the city's public right-of-way management; 2. Reasonable accommodations for a decorative pole; 3. Any reasonable restocking, replacement, or relocation requirements when a new wireless support structure is placed in the public right -of-way; 4. Construction of the proposed small wireless facility within six months from the date the small wireless facility permit is issued; 117 Item 2. City of Columbia Heights – Ordinance 1711 Page 94 5. Obtaining additional authorization for use of the public right-of-way for the construction of wireline backhaul facilities or any other wired facilities; 6. Compliance with the city's general standards; and 7. Compliance with all applicable law. (b) Generally applicable and reasonable health, safety, and welfare regulations. Generally applicable and reasonable health, safety, and welfare regulations for the purposes of this division include, without limitation, the following: 1. A structural engineering analysis by a Minnesota registered professional engineer certifying that a w ireless support structure can reasonably support a proposed small wireless facility considering the conditions of the street, the anticipated hazards from traffic to be encountered at the proposed location, and any wind, snow, ice, or other conditions that may be reasonably anticipated at the proposed location; 2. A determination by the department that, based upon reasonable engineering judgment, a proposed small wireless facility is of excessive size or weight or would otherwise subject a wireless support structure to an unacceptable level of stress; 3. A determination by the department that, based upon reasonable engineering judgment, a proposed small wireless facility would cause undue harm to the reliability or integrity of th e city’s electrical infrastructure or would likely violate generally applicable electrical or engineering principles; 4. A determination by the department that a proposed small wireless facility presents an unreasonable safety hazard as specifically and reasonably identified by the department; 5. A determination by the department that a proposed small wireless facility impairs the city’s ability to operate or maintain the public right-of-way; 6. A determination by the department that a proposed small wireless facility cannot be placed due to insufficient capacity and the infrastructure cannot be modified or enlarged consistent with the requirements of this division and the department’s general standards; or 7. A determination by the department that a proposed small wireless facility is in violation of the National Electric Safety Code or applicable law. (c) Authorized use. An approval of a small wireless facility permit under this division aut horizes the collocation of a small wireless facility on an existing wireless support structure to provide wireless services, or the installation or replacement of a wireless support structure and collocation of a small wireless facility, and shall not be c onstrued to confer authorization to: 1. Provide any service other than wireless service; 2. Construct, install, maintain, or operate any small wireless facility or wireless support structure in a right - of-way other than the approved small wireless facility or wireless support structure; or 3. Install, place, maintain, or operate a wireline backhaul facility in the right -of-way. (d) Other permits required. Any person desiring to obstruct or perform excavation in a public right-of-way within the city for purposes of collocating a small wireless facility or installing or replacing a wireless support 118 Item 2. City of Columbia Heights – Ordinance 1711 Page 95 structure shall, consistent with § 6.301 of City Code, obtain the necessary permit from the city prior to condu cting any such activities. (e) Exclusive arrangements prohibited. The city shall not enter into an exclusive arrangement with any person for use of a public right-of-way for the collocation of a small wireless facility or for the installation or operation of a wireless support structure. (f) Unauthorized small wireless facility. No person shall install, mount, modify, operate, or replace a small wireless facility in the public right-of-way or on city-owned property, or install or replace a wireless support structure without first obtaining a small wireless facility permit from the city. 1. If an unauthorized small wireless facility or wireless support structure is discovered, the department shall provide written notice to the owner of the unauthorized small wireless facility within five days of discovery of the unauthorized small wireless facility. If an owner of an unauthorized small wireless facility or wireless support structure cannot be reasonably identified, the department need not provide any written notice. 2. If the owner of an unauthorized small wireless facility or wireless support structure can be reasonably identified, the department may remove the unauthorized small wireless facility or wireless support structure without incurring liability to the owner of the small wireless facility or wireless support structure and at the owner’s sole expense no sooner than five days after providing notice of the department’s discovery of the unauthorized small wireless facility or wireless support structure to the owner. 3. If the owner of an unauthorized small wireless facility or wireless support structure cannot be reasonably identified, the department may remove the unauthorized small wireless facility or wireless support structure without incurring liability to the owner of the small wireless facility or wireless support structure and at the owner’s sole expense. (g) Relocation. The department may require a permittee to relocate or modify a small wireless facility or wireless support structure in a public right-of-way or on city-owned property in a timely manner and at the permittee’s cost if the department determines that such relocation or modification is required to protect public health, safety and welfare, or to prevent interference with other facilities authorized pursuant to this division, or to prevent interference with public works projects of the department. (h) Security required. Each permittee shall submit and maintain with the department a bond, cash deposit, or other security acceptable to the department, in a form and amount determined by the department in accordance with the general standards, securing the faithful performance of the obligations of the permitt ee and its agents under any and all small wireless facility permits issued to the permittee under this division. If, in accordance with this division, the department deducts any amounts from such security, the permittee must restore the full amount of the security prior to the department’s issuance of any subsequent small wireless facility permit. The department shall return or cancel the security should the permittee cease to operate any small wireless facilities in the right -of-way. (i) Payment of fees required. A small wireless facility permit shall not be issued prior to the complete payment of all applicable fees. (j) Notice of assignment required. A permittee upon or within ten calendar days after transfer, assignment, conveyance, or sublet of an attachment that changes the permit and/or billing entity or ownership responsibilities shall provide written notification to the department. (7) Small wireless facility permit term. A small wireless facility permit for a small wireless facility in the public right-of-way shall have a term equal to the length of time that the small wireless facility is in use, unless the small 119 Item 2. City of Columbia Heights – Ordinance 1711 Page 96 wireless facility permit is revoked under this division or is otherwise allowed to be limited by applicable law. The term for all other small wireless facility permits shall be for a period of up to ten years. (8) Denial or revocation of a small wireless facility permit. (a) Permit denial. The department may deny any small wireless facility permit if the applicant does not comply with all provisions of this division, or if the department determines that the denial is necessary to protect public health, safety, and welfare, or when necessary to protect the public right -of-way and its current use. (b) Permit revocation. The department may revoke a small wireless facility permit, with or without refund, in the event of a substantial breach of the terms and conditions of any statute, ordinance, rule, or regulation, or any material condition of the small wireless facility permit. A substantial breach includes, but is not limited to, the following: 1. A material violation by act or omission of a provision of a small wireless facility permit; 2. An evasion or attempt to evade any material provision of a small wireless facility permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens; 3. A material misrepresentation of fact in a small wireless facility permi t application; 4. A failure to correct, in a timely manner, collocation of a small wireless facility or installation or replacement of a wireless support structure that does not conform to applicable standards, conditions, or codes, upon inspection and notification by the department of the faulty condition; 5. A permittee fails to make timely payments of any fees due, and does not correct such failure within 20 days after receipt of written notice by the city of such failure; 6. A permittee becomes insolvent, unable or unwilling to pay its debts, is adjudged bankrupt, or all or part of its small wireless facilities or wireless support structures are sold under an instrument to secure a debt and is not redeemed by the permittee within 60 days; or 7. A failure to complete collocation of a small wireless facility or installation, modification, or replacement of a wireless support structure within 270 days of the date a small wireless facility permit authorizing such activity is granted, unless the department and the permittee agree to extend the 270 day period or there is a lack of commercial power or communications transport infrastructure to the installation site. (c) Written notice required. Any denial or revocation of a small wireless facility permit shall be made in writing and shall document the basis for the denial or revocation. The department shall notify the applicant or permittee in writing within three days of a decision to deny or revoke a small wireless facility permit. If a small wireless facility permit application is denied, the applicant may cure the deficiencies identified by the department and submit its application. If the applicant resubmits the application within 30 days of receiving written notice of the denial, it may not be charged an additional filing or processing fee. The department must approve or deny the revised application within 30 days after the revised application is submitted. If small wireless facility permit or wireless support structure permit is revoked, the small wireless facility or wireless support structure shall be subject to removal in accordance with § 9.106(R)(11). (9) City inspection of a small wireless facility or wireless support structure. (a) Inspection permitted. The department may inspect, at any time, a permittee’s collocation of a small wireless facility or installation or replacement of a wireless support structure. The department shall determine 120 Item 2. City of Columbia Heights – Ordinance 1711 Page 97 during an inspection whether the permittee’s small wireless facility or wireless support structure is in accordance with the requirements of the permittee’s applicable small wireless facility permit and other applicable law. (b) Suspension of activities. During an inspection, if the department determines that a permittee has violated any material term of the permittee’s small wireless facility permit or this division, the department may suspend the permittee’s small wireless facility permit. The department shall provide prompt written notice of any suspension to a permittee, including the violations giving rise to the suspension. A suspension under this division is effective until a permittee corrects the alleged violation(s), at the permittee’s sole expense. If the violation (s) are not corrected within 30 days after the date of such notice, the small wireless facility or wireless support structure shall be subject to removal in accordance with § 9.106(R)(11). A permittee may appeal any suspension issued under this division to the department as provided in § 9.106(R)(12). (10) Abandoned small wireless facilities and wireless support structures. Where a small wireless facility or wireless support structure is not properly maintained or has not been used for the primary p urpose of providing wireless services for 12 consecutive months, the department may designate the small wireless facility or wireless support structure as abandoned. The department shall provide written notice to a permittee within ten days of the permittee’s small wireless facility or wireless support structure being designated as abandoned. (11) Removal of a small wireless facility or wireless support structure. (a) Removal permitted. The department may remove, at permittee’s expense, o r require a permittee to remove, any small wireless facility or wireless support structure if: 1. The small wireless facility permit or wireless support structure permit is revoked under this division or expires without renewal; or 2. The small wireless facility or wireless support structure is designated by the department as abandoned under § 9.106(R)(10). (b) Notice to permittee; time to remove. The department shall provide written notice to the permittee that it must remove a small wireless facility or wireless support structure under this division, including the reasons therefor. If the permittee does not remove the small wireless facility or wireless support structure within 30 days after the date of such notice, the department may remove it at the permittee’s expense without further notice to the permittee. (12) Appeals. An applicant or permittee may have the denial or revocation of a small wireless facility permit, or fees and costs required by this division reviewed, upon written request, by the City Council or its designee. The City Council or its designee shall act on a timely written request at its next regularly scheduled meeting. A decision by the City Council or its designee affirming a denial, revocation, or fee shall be in writing and supported by written findings establishing the reasonableness of the decision. (13) Insurance. (a) Minimum coverage. The department shall require that each permittee maintain in full force and effect, throughout the term of a small wireless facility permit, an insurance policy or policies issued by an insurance company or companies satisfactory to the city’s Risk Manager. Such policy or policies shall, at a minimum, afford insurance covering all of the permittee’s operations, vehicles, employees, agents, subcontractors, successors, and assigns as follows: 121 Item 2. City of Columbia Heights – Ordinance 1711 Page 98 1. Workers’ compensation, in statutory amounts, with employers’ liability limits not less than $1,000,000 each accident, injury, or illness; 2. Commercial general liability insurance with limits not less than $2,000,000 each occurrence combined single limit for bodily injury and property damage, including contractual liability, personal injury, products and completed operations; 3. Commercial automobile liability insurance with limits not less than $2,000,000 each occurrence combined single limit for bodily injury and property damage, including owned, non-owned and hired auto coverage, as applicable; and (b) Insurance requirements. Each permittee’s insurance policy or policies are subject to the following: 1. Said policy or policies shall include the city and its officers and employees jointly and severally as additional insureds, shall apply as primary insurance, shall stipulate that no other insurance effected by the city will be called on to contribute to a loss covered thereunder, and shall provide for severability of interests. 2. Said policy or policies shall provide that an act or omission of one insured, which would void or otherwise reduce coverage, shall not reduce or void the coverage as to any other insured. Said policy or policies shall afford full coverage for any claims based on acts, omissions, injury, or damage which occurred or arose, or the onset of which occurred or arose, in whole or in part, during the policy period. 3. Said policy or policies shall be endorsed to provide 30 calendar days advance written notice of cancellation or any material change to the department. 4. Should any of the required insurance be provided under a claims -made form, a permittee shall maintain such coverage continuously throughout the term of a small wireless facility permit, and, without lapse, for a period of three years beyond the expiration or termination of the small wireless facility permit, to the effect that, should occurrences during the term of the small wireless facility permit give rise to claims made after expiration or termination of the small wireless facility permit, such claims shall be covered by such claims -made policies. 5. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general aggregate limit shall be double the occurrence or claims limits specified herein. (c) Indemnity obligation. Such insurance shall in no way relieve or decrease a permittee’s or its agent’s obligation to indemnify the city pursuant to this division. (d) Proof of insurance. Before the department will issue a small wireless facility permit, an applicant shall furnish to the department certificates of insurance and additional insured policy endorsements with insurers that are authorized to do business in the State of Minnesota and that are satisfactory to the department evidencing all coverages set forth herein. (14) Indemnification and defense of city. (a) Indemnification of city. As a condition of issuance of a small wireless facility permit, each permittee agree s on its behalf and on behalf of its agents, successors, or assigns to indemnify, defend, protect, and hold harmless the city from and against any and all claims of any kind arising against the city as a result of the issuance of the small wireless facility permit including, but not limited to, a claim allegedly arising directly or indirectly from the following: 122 Item 2. City of Columbia Heights – Ordinance 1711 Page 99 1. Any act, omission, or negligence of a permittee or its any agents, successors, or assigns while engaged in the permitting or collocation of any small wireless facility or installation or replacement of any wireless support structure, or while in or about the public right-of-way that are subject to the small wireless facility permit for any reason connected in any way whatsoever with the performance of the work authorized by the small wireless facility permit, or allegedly resulting directly or indirectly from the permitting or collocation of any small wireless facility or installation or replacement of any wireless support structure authorized under the small wireless facility permit; 2. Any accident, damage, death, or injury to any of a permittee’s contractors or subcontractors, or any officers, agents, or employees of either of them, while engaged in the performance of collocation of any small wireless facility or installation or replacement of any wireless support structure authorized by a small wireless facility permit, or while in or about the public right -of-way that are subject to the small wireless facility permit, for any reason connected with the performance of the work authorized by the small wireless facility permit, including from exposure to radio frequency emissions; 3. Any accident, damage, death, or injury to any person or accident, damage, or injury to any real or personal property in, upon, or in any way allegedly connected with the collocation of any small wireless facility or installation or replacement of any wireless support structure authorized by a small wireless facility permit, or whi le in or about the public right-of-way that are subject to the small wireless facility permit, from any causes or claims arising at any time, including any causes or claims arising from exposure to radio frequency emissions; and 4. Any release or discharge, or threatened release or discharge, of any hazardous material caused or allowed by a permittee or its agents about, in, on, or under the public right -of-way. (b) Defense of city. Each permittee agrees that, upon the request of th e department, the permittee, at no cost or expense to the city, shall indemnify, defend, and hold harmless the city against any claims as set forth in this division, regardless of the alleged negligence of the city or any other party, except only for claim s resulting directly from the sole negligence or willful misconduct of the city. Each permittee acknowledges and agrees that it has an immediate and independent obligation to defend the city from any claims that actually or potentially fall within the indemnity provision, even if the allegations are or may be groundless, false, or fraudulent, which obligation arises at the time such claim is tendered to the permittee or its agent by the city and continues at all times thereafter. Each permittee further agrees that the city shall have a cause of action for indemnity against the permittee for any costs the city may be required to pay as a result of defending or satisfying any claims that arise from or in connection with a small wireless facility permit, except only for claims resulting directly from the sole negligence or willful misconduct of the city. Each permittee further agrees that the indemnification obligations assumed under a small wireless facility permit shall survive its expiration or completion of collocation of any small wireless facility authorized by the small wireless facility permit. (c) Additional requirements. The department may specify in a small wireless facility permit such additional indemnification requirements as are necessary to protect the city from risks of liability associated with the permittee’s collocation of any small wireless facility or installation or replacement of any wireless support structure. (15) Fees and costs. (a) Application fees. The department shall charge a fee for reviewing and processing a small wireless facility permit application. The purpose of this fee is to enable the department to recover its costs directly associated with reviewing a small wireless facility permit application. 123 Item 2. City of Columbia Heights – Ordinance 1711 Page 100 1. The department shall charge a fee of $500 for a small wireless facility permit application seeking to collocate up to five small wireless facilities. This fee shall increase by $100 for each additional small wireless facility that an applicant seeks to collocate. 2. The department shall charge a fee of $850 for a small wireless facility permit application seeking to install or replace a wireless support structure in addition to collocating of a small wireless facility on the w ireless support structure. (b) Annual small wireless facility permit fee. The department shall charge an annual small wireless permit fee for each small wireless facility permit issued to a permittee. The annual small wireless permit fee shall b e determined by the Director and listed in the city’s fee schedule. The annual small wireless permit fee shall be based upon the recovery of the city’s rights-of-way management costs. (c) City-owned wireless support structure fees. The department shall charge the following fees to the owner of any small wireless facility collocated on a wireless support structure owned by the city or its assigns located in the public right-of-way: 1. $150 per year for rent to occupy space on the wireless support structure; 2. $25 per year for maintenance associated with the space occupied on the wireless support structure; and 3. A monthly fee for electricity used to operate the small wireless facility, if not purchased directly from a utility, at the rate of: a. $73 per radio node less than or equal to 100 max watts; b. $182 per radio node over 100 max watts; or c. The actual costs of electricity, if the actual costs exceed the above. (d) City-owned property fees. The department shall charge an annual fee for collocating small wireless facilities on city-owned property not located in the public right-of-way. The department shall determine a reasonable and nondiscriminatory annual fee on a per location and per request basis. (e) Discretion to require additional fees. In instances where the review of a small wireless facility permit application is or will be unusually costly to the department, the Director, in his or her discretion, may, after consulting with other applicable city departments, agencies, boards, or commissions, require an applicant to pay a sum in excess of the other fee amounts charged pursuant to this division. This additional sum shall be sufficient to recover the actual, reasonable costs incurred by the department and/or other city departments, agencies, boards, or commissions, in connection with a small wireless facility permit application and shall be charged on a time and materials basis. Whenever additional fees are charged, the Director, upon request, shall provide in writing the basis for the additional fees and an estimate of the additional fees. The department may not require a fee imposed under this division through the provision of in-kind services by an applicant as a condition of consent to use to city’s public right-of-ways or to obtain a small wireless facility permit. (f) Reimbursement of city costs. The department may determine that it requires the services of an expert in order to evaluate a small wireless facility permit application. In such cases, the department shall not issue a small wireless facility permit pursuant to the application unless the applicant agrees to reimburse the department for the actual, reasonable costs incurred for the services of a technical expert. 124 Item 2. City of Columbia Heights – Ordinance 1711 Page 101 (S) Table of Uses. The following tables include the permitted, conditional, and accessory uses for all residential, commercial, industrial, and public zoning districts; numbers indicate additional conditions for approval of use which can be found in City Code 9.107 Specific Development Standards. 1. RESIDENTIAL ZONING DISTRICTS A = Accessory Use C = Conditional Use P = Permitted Use PUD = Planned Unit Development Numbers indicate additional conditions for approval of use which can be found in City Code 9.107 Specific Development Standards. ZONING DISTRICTS R-1 SINGLE- FAMILY RESIDENTIAL R-2A/R-2B: TWO-FAMILY RESIDENTIAL R-3: LIMITED MULTIPLE FAMILY RESIDENTIAL R-4: MULTIPLE FAMILY RESIDENTIAL P: PUBLIC AND OPEN SPACE USE CLASSIFICATION Accessory building/structure. A A A A Accessory dwelling unit on a single-family property. A A A A Bed and breakfast home, accessory to a single-family dwelling. C C Cemeteries. P Community center. C C C Congregate living facilities, including rooming houses, group living quarters, nursing homes (27), senior housing, assisted living facilities, transitional housing and emergency housing (44). C C Convent or monastery, when accessory to a religious facility. C C C C County, regional, and city parks. P P P P P Day care center, adult or child. C C Decorative landscaping, gardening and other horticultural uses. A A A A Essential services. P Fences greater than six feet in height. A A A A Golf course. C C Government office. C C C C Government protective service facility. C C C C Greenhouses (residential). (24) A A A A Ground-mounted solar energy system (accessory use). (51) A A A A A Ground-mounted solar energy system (primary use). (51) P P P P P Home occupations. A A A A Joint driveway use between adjoining property owners. C C C C Licensed day care facility serving 12 or fewer persons. (16) P P P P Licensed day care facility serving more than 12 persons. C Licensed group family day care facility serving 14 or fewer children. P P P P Living quarters for persons employed on the premises. A 125 Item 2. City of Columbia Heights – Ordinance 1711 Page 102 Manufactured home park. C Multiple-family dwelling. P Multiple-family dwelling with up to eight units per structure. P Non-city governmental and public regulated utility buildings and structures necessary for health, safety, and general welfare of the community. C Off-street parking for an adjacent conforming commercial or industrial use, provided the lots are under common ownership, is not separated by a public right-of-way and front on the same public right-of-way. C C C Operation and storage of such vehicles, equipment and machinery, which are incidental to the permitted or conditional uses allowed in the district. A Other accessory uses as determined by the Zoning Administrator. A A A A Playgrounds, athletic fields, recreational areas, and parking areas. P P P P P Private garages, carports, and parking spaces. A A A A Private swimming pools, tennis courts, and private recreational facilities operated for the sole use and convenience of the residents and their guests. A A A A Public parks and playgrounds. P P P P P Publicly owned and operated facilities. P Recreational facility, indoor. C C C Recreational facility, outdoor. C C C Recreational vehicles and equipment. A Religious facility/ place of worship. (35) C C C C Roof-mounted solar energy system. (50) A A A A A Shared family living arrangements. A A A A Signs as regulated by 9.106. A A A A A Single-family dwelling, detached. P P P P School, public or private, K-12. (39) C C C School, vocational or business. (40) C State licensed residential care facility serving six or fewer persons. (36) P P P P State licensed residential care facility serving 7 to 16 persons. (36) C C Temporary construction buildings. A A A A Town home dwelling with up to eight units per structure. P P Two-family dwelling. (45) P P P Twinhome dwelling. (45) P P P 2. COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS A = Accessory Use C = Conditional Use P = Permitted Use PUD = Planned Unit Development Numbers indicate additional conditions for approval of use which can be found in City Code 9.107 Specific 126 Item 2. City of Columbia Heights – Ordinance 1711 Page 103 Development Standards (C) ZONING DISTRICTS LB: LIMITED BUSINESS GB: GENERAL BUSINESS CBD: CENTRAL BUSINESS I-1: LIGHT INDUSTRIAL I-2: GENERAL INDUSTRIAL USE CLASSIFICATION Accessory building. A A A A A Adult entertainment use. (1) C C Animal kennel and/or shelter. (2) C C Arcade. P P Assembly, manufacturing and/or processing. C P P Auditorium/place of assembly. P P Automobile convenience facility. (3) P Automobile and motorcycle repair, minor. (5) C C C Automobile and motorcycle repair, major. (4) C C Automobile and motorcycle sales/rentals, new. (6) C Automobile and motorcycle sales/rentals, used (in building). (7) C Banquet hall. (47) C C Barbed wire fences. (8) C C Bed and breakfast home, when accessory to a single - family dwelling. (9) C Billiards hall. P P Body piercing shops. P P Bowling alley. P P Brew pub. (46) P C Brew pub, not exceeding 2,000 barrels of malt liquor a year. (46) C Brewer taproom. (46) P C P Brewer taproom, not exceeding 2,000 barrels of malt liquor a year. (46) C Car Wash. (10) C Caretaker’s residence. A Clinic, medical or dental. P P P Clinic, veterinary. P P P Club or lodge. P P Community center. (12) C C P P Concrete, asphalt or rock crushing operation. (11) C C Congregate living facilities, including rooming houses, group living quarters, nursing homes (27), senior housing, assisted living facilities, transitional housing and emergency housing (44). C Consignment/secondhand store. (13) C Currency exchange. (14) C Day care facility, adult or child. (15) P Drive-up facility. (17) A A Drop-in facility. (18) C Fences greater than six feet in height. A A A Fences greater than seven feet in height. A A Financial institution. P P Firearms dealer/shooting range. (20) C Food service, convenience (fast food). (21) P P Food service, limited (coffee shop/deli). P P P 127 Item 2. City of Columbia Heights – Ordinance 1711 Page 104 Food service, full service (restaurant/nightclub). P P Freight terminal. (22) P P Funeral home. (23) P P Ground-mounted solar energy system (accessory use). (51) A A A A A Ground-mounted solar energy system (primary use). (51) P P P P P Government maintenance facility. C C P P Government office. P P P P P Government protective service facility. P P P P P Greenhouse/garden center. P Health/fitness club. P P Health/fitness clubs, not exceeding 4,000 gross square feet in area. (48) C Hospital. (25) C C Hotel or motel. C P P Incidental repair or processing necessary to conduct the permitted principal use, provided the accessory use does not exceed 30% of the floor area. A A Laboratory, medical. P P P P Landscaping and other horticultural uses. A A A A A Licensed day care facility, child or adult. (16) C P Liquor store, off-sale. P P Maintenance facility. P P Motor vehicle parts store. P P P Museum/gallery. P P P Multiple-family dwelling. P Multiple-family residential, when located above a first floor commercial use. (26) P Off-street parking and loading areas. A A Office. P P P P P Office/showroom. P P Office/warehouse. P P Outdoor sales or display. (28) C C C C Outdoor storage. (29) C C C C Parking ramp. P P P P Pawnshop. (30) C P P Precious metal dealerships. (31) C Printing/publishing. P P P P Private garages, carports, and parking spaces. A A A Private swimming pools, tennis courts, and private recreational facilities operated for the sole use and convenience of the residents and their guests. A Public parks and playgrounds. P P P P P Recreational facility, indoor. (33) C C C P P Recreational facility, outdoor. (34) C C C P P Recreational vehicles sales, new. (32) C Recreational vehicles sales, used (in building). (32) C Retail sales. P P P P P Roof-mounted solar energy system. (50) A A A A A Salvage operation/transfer station. (38) C C Seasonal sales stands. (49) A A A Self-service storage facility. P P Service, professional. (19) P P P 128 Item 2. City of Columbia Heights – Ordinance 1711 Page 105 School, performing/visual/marital arts. (41) C P P School, vocational or business. (40) C P P Shopping center. (42) P Signs as regulated by 9.106. A A A A A Single-family dwelling, when accessory to a commercial use. C Smoke Shops (43) P P P P P State licensed residential care facility, correctional. (37) C C State licensed residential care facility. (36) C Studio, professional. P P P Studio, radio and television. P P P P Tattoo shops. P P Temporary construction buildings. A A A A A Theater, live performance. P Theater, movie. P Warehousing and/or distribution. P P (T) Prohibited uses. Any use not listed as either permitted, conditional or accessory in a particular district or any use not determined by the Zoning Administrator to be substantially similar to a use listed as permitted, conditional or accessory shall be prohibited in that district. Section 4 The following language for Specific Development Standards is added, amended and deleted as provided in Section 9.107 of the City Code of 2005, is hereby established to read as follows: (A) Purpose. The purpose of this section is to establish specific development standards that provide supplemental regulations to address the unique characteristics of certain land use. (B) Applicability. The regulations set forth in this section shall apply to the specific use listed, whether i t is identified as permitted, conditional or accessory within the applicable zoning district. These regulations shall be in addition to all other applicable regulations. (C) Specific development standards. The following uses are subject to specific development standards: (1) Adult entertainment use. (a) Activities classified as obscene as defined by M.S. § 617.241 or successor statute, are prohibited. (b) The use shall be located at least 1,000 feet from any other adult en tertainment use. (c) The use shall be located at least 1,000 feet from any facility with an on- or off-sale liquor, wine or beer license. (d) The use shall be located at least 500 feet from any of the following protected uses: residen tially-zoned property or residential use; licensed day care facility; public or private educational facility classified as an elementary, middle or junior high or senior high school; public library; public park; or religious institution or place of worship. (e) An adult entertainment use lawfully operating as a conforming use is not rendered nonconforming by the subsequent location of any use listed above within 500 feet. If the adult entertainment use is abandoned for a period of 90 days or more, it shall be deemed discontinued and subsequent use of the premises for adult entertainment will be required to meet the separation requirement. 129 Item 2. City of Columbia Heights – Ordinance 1711 Page 106 (f) No more than one adult entertainment use shall be located on the property. (g) The use shall not be located on any property that has a liquor license. (h) Sign messages shall be generic in nature and shall only identify the type of business which is being conducted; signs shall not contain material classified as advertising. (2) Animal kennel or shelter. (a) Any activity conducted outdoors, including but not limited to play areas, outdoor runs, etc. shall be approved by the City Council through a Conditional Use Permit on a case-by-case basis. (b) Outdoor kennels shall be prohibited. (c) Outdoor activity spaces shall meet the following requirements: 1. The space shall be completely screened from abutting neighboring residential zoning districts or uses by a six-foot tall privacy fence that is at least 80 percent opaque. 2. The space shall be cleaned regularly so as not to create a nuisance as defined by the City Code. 3. Animal waste produced within the space shall not be allowed to directly enter the City’s storm sewer system. (d) All indoor activity shall include soundproofing and odor control. (e) The kennel or shelter shall provide a minimum floor area of 48 square feet per dog and 20 square feet per cat or any other animal boarded at any one time, exclusive of office or storage area. (f) Air temperature within the kennel or shelter shall be maintained between 60 degrees and 80 degrees Fahrenheit. (g) Within the kennel area, wall finish material below 48 inches in height shall be impervious, washable materials such as sealed masonry, ceramic tile, glass board, or fiberglass reinforced plastic (FRP) panels. (h) Floor finishes shall be sealed concrete, or another impervious surface approved by the City. (i) Animal waste shall be immediately cleaned up with solid wastes being enclosed in a container of sufficient construction to eliminate odors and organisms. All animal waste shall be disposed of on a daily basis. (j) The kennel or shelter shall provide sufficient, uniformly distributed lighting to the kennel area. (3) Automobile convenience facility. (a) The use shall be served by a major collector or higher functional classification of roadway. (b) All buildings, canopies and pump islands shall meet the setback requirements for a principa l structure in the zoning district in which the use is located. (c) The storage of inoperable vehicles on the site is prohibited. (d) The sale or repair of vehicles shall be prohibited. 130 Item 2. City of Columbia Heights – Ordinance 1711 Page 107 (e) A landscape buffer with a minimum depth of ten feet shall be installed and maintained along all abutting public rights-of-way. (f) Canopy light fixtures shall be completely recessed within the canopy so that the lenses do not extend below the bottom surface of the canopy. (g) Wherever fuel pumps are installed, pump islands shall be installed. (h) A transportation management plan shall be submitted to address off-street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways. (i) An environmental management plan, including a storm water management and drainage plan, shall be submitted to address the impact of the facility on the environment. (j) The use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. (k) There shall be no exterior display of merchandise for sale exceeding 50 square feet in area. (l) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing any litter found thereon. (m) A minimum of two access points for vehicular traffic shall be provided. Curb cuts shall be located no less than 50 feet from the intersecting right-of-way line on collector roadways and no less than 80 feet from the intersecting right-of-way line on arterial roadways. (n) All new automobile convenience facilities must be located on a minimum of one acre of land. (4) Automobile and motorcycle repair, major. (a) All vehicles waiting for repair or pick-up shall be stored within an enclosed building or in designated off- street parking spaces. (b) All work shall be performed within a completely enclosed building. (c) All vehicles parked or stored on site shall display a current license plate with a current license tab. Outside storage of automobile and motorcycle parts or storage of inoperable or salvage vehicles shall be prohibited. (d) The sale of vehicles shall be prohibited, unless permitted by this article or allowed by conditional use. (e) The use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from, residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. (f) An environmental management plan, including a storm water management and drainage plan, shall be submitted to address the impact of the facility on the environment. (g) Any fuel sales or automobile convenience activities shall be subject to the applicable standards for automobile convenience facilities. 131 Item 2. City of Columbia Heights – Ordinance 1711 Page 108 (h) All new major automobile and motorcycle repair facilities must be located on a minimum of one acre of land. (5) Automobile and motorcycle repair, minor. (a) All vehicles waiting for repair or pick-up shall be stored within an enclosed building or in designated off- street parking spaces. (b) All work shall be performed within a completely enclosed building. (c) All vehicles parked or stored on site shall display a current license plate with a current license tab. Outside storage of automobile and motorcycle parts or storage of inoperable or salvage vehicles shall be prohibited. (d) The sale of vehicles shall be prohibited, unless permitted by this article or allowed by conditional use. (e) The use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. (f) An environmental management plan, including a storm water management and drainage plan, shall be submitted to address the impact of the facility on the environment. (g) Any fuel sales or automobile convenience activities shall be subject to the applicable standards for automobile convenience facilities. (h) All new minor automobile and motorcycle repair facilities must be located on a minimum of one acre of land. (6) Automobile and motorcycle sales/rental, new. (a) The use shall be served by a major collector or higher classification of roadway. (b) Outdoor vehicle display for used cars and motorcycles shall be limited to 30% of the total outdoor display area for a new car or motorcycle dealership. The display area shall be defined as the total number of parking spaces devoted to the sale of vehicles only, not including the required off -street parking spaces needed for the public and employees. (c) Outdoor vehicle display areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. (d) Outdoor vehicle display areas within the public right-of-way are prohibited. (e) A landscape buffer with a minimum depth of ten feet shall be installed and maintained along all abutting public rights-of-way. (f) Outdoor vehicle display shall be within a designated area that is hard -surfaced. (g) Outdoor vehicle display shall be in an orderly fashion, with access aisles provided as needed. The storage of inoperable, junk vehicles with expired tabs is prohibited. (h) Music or amplified sounds shall not be audible from adjacent residential properties. 132 Item 2. City of Columbia Heights – Ordinance 1711 Page 109 (i) Outdoor vehicle display shall not reduce the amount of off-street parking provided on site below the level required for the principal use. (j) An appropriate transition area between the use and adjacent property shall be provided by landscaping , screening or other site improvements consistent with the character of the neighborhood. (k) Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If the use includes dispensing of fuel for the automobiles maintained on site, the use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from residential uses. All storage ta nks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. (l) All new automobile and motorcycle sales/rental, (new) facilities must be located on a minimum of one acre of land. (7) Automobile and motorcycle sales/rental, used. (a) The use shall be served by a major collector or higher classification or roadway. (b) An open-aired used auto, motorcycle and truck sales or rental lot as a stand-alone business is prohibited. (c) Used automobiles and motorcycles may be sold or rented as a stand -alone business if the business if the used automobiles, motorcycles and associated business are contained within a building. (d) Used automobiles and motorcycles may not be sold accessory to businesses other than new car and motorcycle dealerships. (e) Outdoor vehicle display areas within the public right-of-way are prohibited. (f) A landscape buffer with a minimum depth of ten feet shall be installed and maintained along all abutting public rights-of-way. (g) The outdoor storage of inoperable, junk vehicles and vehicles with expired tabs is prohibited. (h) Music or amplified sounds shall not be audible from adjacent residential proper ties. (i) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (j) Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If the use included dispensing of fuel for the automobiles maintained on site, the use shall employ best management practices regarding the venting of odors, gas, and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor -tight fittings to eliminate the escape of gas vapors. (k) All new automobile and motorcycle sales/rental, (used) facilities must be located on a minimum of one acre of land. (8) Barbed wire fences. (a) Barbed wire fences may only utilize a projecting arm to support the barbed wire, commencing at a point no less than six feet above the ground. 133 Item 2. City of Columbia Heights – Ordinance 1711 Page 110 (b) At no point shall the projecting arm encroach into the city right-of-way or neighboring properties. (9) Bed and breakfast home. (a) The bed and breakfast home shall be part of an owner occupied residential structure and be operated by the property owner. (b) No more than one non-resident shall be employed in the operation of the facility. (c) The exterior appearance of the structure shall not be altered from its single -family residential character. (d) The total number of guestrooms shall not exceed four in the R-3 and R-4 Zoning Districts and six in the LB Zoning District. All guest rooms shall be located within the principal structure. (e) Separate kitchen facilities shall not be available for guests. Meals shall be prepared and served by the operator and shall be available to registered guests only. (f) Guest stays shall be limited to no more than 14 consecutive days. (g) Parking shall be accommodated on the property. Parking requirements for guests are in addition to those required for the principal residential use. (h) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (i) The facility shall meet all applicable housing, building and fire codes and be licensed as required by the State of Minnesota. (10) Car wash. (a) Water from the car wash shall not drain across any sidewalk or into any public right-of- way. (b) Vacuum facilities shall be located in an enclosed structure or located at least 50 feet from any residential property line to avoid noise impacts. (c) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. (d) A sound study is required to determine the overall impact upon the surrounding properties and ensure compliance with performance standards and MPCA sound requirements. (e) All new car washes must be located on a minimum of one acre of land. (11) Concrete, asphalt, rock crushing operation. (a) The use shall be located a minimum of 1,000 feet from any residentially-zoned property or any residential use. (b) An air quality plan shall be submitted describing stationary and mobile source air emissions, their quantities and compositions, and indicating conformance with all applicable regulation. 134 Item 2. City of Columbia Heights – Ordinance 1711 Page 111 (c) A dust management plan shall be submitted describing dust emissions sources, their quantities and compositions, how dust will be collected, managed and disposed of and indicating conformance with all applicable regulations. (d) A sound attenuation plan shall be submitted describing sources of sound and indicating conformance with all applicable regulations. (e) A vibration-dampening plan shall be submitted describing sources of vibration and indicating conformance with all applicable regulations. (f) A transportation management plan shall be submitted to address off-street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways. (g) An environmental management plan, including a storm water management and drainage plan, shall be submitted to address the impact of the facility on the environment. (12) Community center. (a) The use shall be served by a minor collector or higher functional classification of roadway. (b) The parcel upon which the use is located shall have a lot area no less than four times the area of the building footprint. (c) To the extent practical, new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. (d) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening and other site improvements consistent with the character of the community. (e) All accessory residential, school or day care uses shall be subject to the provisions of this article. (13) Consignment/secondhand store. (a) Consignment/secondhand stores shall be identified as stores whose primary existence is derived from more than 50% used, consigned, or secondhand merchandise. The use shall be located at least 3,000 feet from all existing consignment/secondhand stores, currency exchanges, pawnshops and precious metal dealerships. (b) The window and door area of any existing first floor facade along a public street or sidewalk shall not be reduced, nor shall changes be made to such windows and doors that block views into and out of the building at eye level. (c) For new construction, at least 30% of the first floor facade along a public street or sidewalk shall be windows or doors of clear or lightly tinted glass that allows views into and out of the building at eye level. (d) The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be prohibited. (e) Consignors shall not be paid for merchandise until the merchandise has been sold to a third party. (f) An appointment or set hours shall be required for the acceptance of consignment or donated merchandise. 135 Item 2. City of Columbia Heights – Ordinance 1711 Page 112 (g) All receipt, sorting and processing of goods shall occur within a completely enclosed building. (h) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. (14) Currency exchange. (a) The use shall be located at least 3,000 feet from all existing currency exchanges, consignment/secondhand stores, pawnshops and precious metal dealerships. (b) The window and door area of any existing first floor facade along a public street or sidewalk shall not be reduced, nor shall changes be made to such windows and doors that block views into and out of the building at eye level. (c) For new construction, at least 30% of the first floor facade along a public street or sidewalk shall be windows or doors of clear of lightly tinted glass that allows views into and out of the building at eye level. (d) The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be prohibited. (e) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. (15) Day care center. (a) The building and any exterior fenced areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. (b) The play area shall be located away from the main entrance to day care, and shall be c ontained with a fence constructed of masonry, painted or treated wood or metal, at least five feet in height. (c) For child day care facilities, at least 75 square feet of outside play area shall be provided for each child under care. If there is not sufficient space for an outdoor play area on-site, then the property owner must submit a written proposal that demonstrates recreational activities for children under the facility’s care will be provided off - site within 1,500 feet of the facility. The City Manager, or his or her designee, is authorized to approve or deny this proposal. (d) For adult day care facilities, at least 150 square feet of outdoor area for seating or exercise shall be provided. If 150 square feet of outdoor is not available on the site, the property owner must submit a written proposal that demonstrates that recreational activities for adults under the facility’s care will be provided off -site. The City Manager, or his or her designee, is authorized to approve or den y this proposal. (e) The use shall provide a designated area for the short-term parking of vehicles engaged in loading and unloading of children or adults under care. The designated area shall be located as close as practical to the principal entrance of the building and shall be connected to the building by a sidewalk. (f) To the extent practical, new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. 136 Item 2. City of Columbia Heights – Ordinance 1711 Page 113 (g) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (h) The facility shall meet all applicable housing, building and fire codes and be licensed as required by the State of Minnesota. (i) Day care centers located in a school or religious institution building originally constructed for use as a school or religious institution shall be considered a permitted accessory use, provided the standards contained herein are met. (j) Day care centers located within an existing commercial or industrial facility and used only by employees of the operation conducted on the site shall be considered a permitted accessory use, provided the standards contained herein are met. (16) Day care, home. (a) The building and any exterior fenced areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. (b) The designated play area shall be contained with a fence constructed of masonry, painted or treated wood or metal, at least five feet in height. (c) The exterior appearance of the structure shall not be altered from its single -family residential character. (d) For child day care facilities, at least 50 square feet of outside play area shall be provided for each child under care. (e) For adult day care facilities, at least 150 square feet of outdoor area for seating or exercise shall be provided for each adult under care. (f) If there is not sufficient space for an outdoor play area on-site, then the property owner must submit a written proposal that demonstrates recreational activities for children under the facility’s care will be provided off - site within 1,500 feet of the facility. (g) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (h) The facility shall meet all applicable housing, building and fire codes and be licensed as required by the State of Minnesota. (17) Drive-up facility. (a) The drive-up function shall be accessory to a conforming use. (b) The use shall be served by a major collector or higher functional classification of roadway. (c) The site shall accommodate vehicle stacking in accordance with the provisions of this article. (d) Any speaker system shall not be audible from any residentially zoned property or any residential use. (18) Drop-in facility. 137 Item 2. City of Columbia Heights – Ordinance 1711 Page 114 (a) The use shall be located at least 3,000 feet from all existing drop-in facilities, consignment/secondhand stores, currency exchanges and pawnshops. (b) The use shall conspicuously post legible signs at the public entrance advising patrons of the hours of operation of the facility and its meal service, if applicable. (c) A waiting area for clients shall be provided which shall be available to clients one hour prior to the posted opening of the use and shall include toilet facilities. (d) Trash receptacles shall be located at the public entrances. (e) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. (19) Employment agencies–temporary (day labor). The use shall be located at least 3,000 feet from all existing temporary employment agencies, consignment/secondhand stor es, currency exchanges and pawnshops. (20) Firearms dealer/shooting range. (a) The use shall be located at least 300 feet from any residentially zoned property or any residential use. (b) The use shall be located at least 500 feet from the following protected uses: licensed daycare facility; public or private educational facility classified as an elementary, middle or junior high or senior high school; public library; public park; or religious institution or place of worship. (c) No firearms or ammunition shall be displayed in window areas or any area where they can be viewed from any public street or sidewalk. (21) Food service, convenience (fast food). (a) The use shall be served by a major collector or higher functional classification of roadway. (b) A landscape buffer with a minimum depth of ten feet shall be installed and maintained along all abutting public rights-of-way. (c) A transportation management plan shall be submitted to address off-street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways. (d) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing any litter found thereon. (e) Curb cuts shall be located no less than 50 feet from the intersecting right -of-way line on collector roadways and no less than 80 feet from the intersecting right-of-way line on arterial roadways. (f) A drive-up facility shall also be subject to the standards for a drive-up facility. (22) Freight terminal. (a) Loading and unloading activities shall be located no less than 200 feet from any residential zoning district or residential use. (b) Overnight facilities for drivers shall provide on-site management 24 hours a day. The name and telephone number of the on-site manager shall be filed with the city. 138 Item 2. City of Columbia Heights – Ordinance 1711 Page 115 (23) Funeral home. (a) The use shall be served by a minor collector or higher functional classification of roadway. (b) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (24) Greenhouses (residential). (a) A residential greenhouse shall only be allowed for one- and two-family dwellings. (b) A residential greenhouse structure shall not count against the total number of detached accessory structures allowed on a residential property. (c) A residential greenhouse structure shall not count against the total allowable combined square footage of accessory structures allowed on a residential property. (d) A residential greenhouse shall be allowed during the normal growing season only. (e) When not in use, a residential greenhouse shall be dismantled. (25) Hospital. (a) The use shall be served by a minor collector or higher functional classification of roadway. (b) Emergency vehicle access shall not be adjacent to or located across the street from any residential use. (c) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (26) Multi-family in CBD. (a) The residential use is secondary to and located above the ground floor commercial use. (b) The maximum number of units allowed shall be limited to the area of the parcel divided by 2,000, times the number of floors above the ground floor commercial use. (c) A minimum of one parking space shall be provided per residential unit within 400 feet of the most commonly used entrance. (27) Nursing home. (a) The use shall be served by a minor collector or higher functional classification of roadway. (b) On-site services shall be for residents of the facility only. (c) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (28) Outdoor sales/display. (a) The outdoor sales/display use shall be accessory to a commercial use. 139 Item 2. City of Columbia Heights – Ordinance 1711 Page 116 (b) All outdoor sales/display areas shall meet the setback requirements for a principal structure in the zoning district in which it is located. (c) Outdoor sales/display areas within the public right-of-way are prohibited. (d) A landscape buffer with a minimum depth of ten feet shall be installed and maintained along all abutting public rights-of-way. (e) All goods shall be displayed in a designated area that is hard -surfaced. (f) All goods shall be displayed in an orderly fashion, with access aisles provided as needed. (g) Music or amplified sounds shall not be audible from adjacent residential properties. (h) The outdoor sales/display area shall not reduce the amount of off-street parking provided on-site below the level required for the principal use. (i) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (29) Outdoor storage. (a) The outdoor storage area shall be accessory to a commercial or industrial use. (b) Outdoor storage within the public right-of-way is prohibited. (c) All outdoor storage areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. (d) Outdoor storage areas shall be located in rear yards or in the side yard behind the front building line of the principal structure. (e) The storage area shall be fenced and screened from adjacent uses and the public right - of-way. Required screening shall consist of a fence, wall, earth berming and/or vegetation no less than six feet in height and no less than 80% opaque on a year round basis. (f) All goods, materials and equipment shall be stored on an impervious surface. (g) All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of sufficient width to accommodate emergency vehicles as needed. (h) The height of materials stored, excluding operable vehicles and e quipment, shall not exceed the height of the screening provided. (30) Pawnshop. (a) The use shall be located at least 3,000 feet from all existing pawnshops, currency exchanges, consignment/secondhand stores and precious metal dealerships. (b) The window and door area of any existing first floor facade along a public street or sidewalk shall not be reduced, nor shall changes be made to such windows and doors that block views into and out of the building at eye level. 140 Item 2. City of Columbia Heights – Ordinance 1711 Page 117 (c) For new construction, at least 30% of the first floor facade along a public street or sidewalk shall be windows or doors of clear or lightly-tinted glass that allows views into and out of the building at eye level. (d) The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be prohibited. (e) All receipt, sorting and processing of goods shall occur within a completely enclosed building. (f) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. (31) Precious metal dealership. (a) The use shall be located at least 3,000 feet from all existing precious metal dealerships, pawnshops, currency exchanges and consignment/secondhand stores. (b) The window and door area of any existing first floor façade along a public street or sidewalk shall not be reduced, nor shall changes be made to such windows and doors that block views into and out of the building at eye level. (c) For new construction, at least 30% of the first floor façade along a public street or sidewalk shall be windows or doors of clear or lightly-tinted glass that allows views into and out of the building at eye level. (d) The use of bars, chains or similar security devices that are visible from a public street or sidewalk is prohibited. (e) All receipt, sorting and processing of goods shall occur within a completely enclosed building. (32) Recreational vehicle sales. (a) The use shall be served by a major collector or higher classification of roadway. (b) Outdoor vehicle display areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. (c) Outdoor vehicle display areas within the public right-of-way are prohibited. (d) A landscape buffer with a minimum depth of ten feet shall be installed and maintained along all abutting public rights-of-way. (e) Outdoor vehicle display shall be within a designated area that is hard -surfaced. (f) Outdoor vehicle display shall be in an orderly fashion, with access aisles provided as needed. (g) Music or amplified sounds shall not be audible from adjacent residential properties. (h) Outdoor vehicle display shall not reduce the amount of off-street parking provided on site below the level required for the principal use. (i) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (j) Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If the use includes dispensing of fuel for the automobiles maintain ed on site, the use shall employ best management 141 Item 2. City of Columbia Heights – Ordinance 1711 Page 118 practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped wi th vapor-tight fittings to eliminate the escape of gas vapors. (k) All new recreational vehicle sales facilities must be located on a minimum of one acre of land. (33) Recreational facility, indoor. (a) The use shall be served by a minor collector or higher classification of roadway. (b) The parcel upon which the use is located shall have a lot area no less than four times the area of the building footprint. (c) To the extent practical, new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. (d) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (34) Recreational facility, outdoor. (a) The use shall be served by a minor collector or higher classification of roadway. (b) The site shall be no less than five acres in size. (c) The principal use of the site shall be the outdoor recreation facility, except for athletic fields that are accessory to an educational or community facility. (d) The use shall be situated in such a way as to minimize the effects of lighting and noise on surrounding properties. (e) An appropriate transition area between the use and adjacent property shall be pr ovided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (f) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. (35) Religious institution/place of worship. (a) The facility shall be served by a minor collector or higher functional classification of roadway. (b) The parcel upon which the use is located shall have a lot area no less than four times the area of the building footprint. (c) To the extent practical, new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. (d) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (e) All accessory residential, school or day care uses shall be subject to the provisions of this article. 142 Item 2. City of Columbia Heights – Ordinance 1711 Page 119 (36) Residential care facility. (a) If serving more than six residents, the use shall be located at least 1/4 mile (1,320 feet) from all existing residential care facilities or correctional residential care facilities, regardless of the licensing status of such facilitie s. Residential care facilities serving six or fewer residents shall be exempted from the distance radius and zoning regulations except as otherwise required by law. (b) The use shall not be located in a two-family or multiple-family dwelling unless it occupies the entire structure. (c) The facility shall be located on a parcel meeting the minimum lot size for a single- family dwelling plus an area of 300 square feet for each resident over six. The maximum number of residents may be specified as a condition of the conditional use permit in order to meet this requirement. (d) On-site services shall be for residents of the facility only. (e) The building and any exterior fenced areas shall meet the setback requirements of the zoning district in which the use in located. (f) To the extent practical, all new construction or additions to existing buildings shall be compatible with the scale and character of the surroundings, and exterior building materials shall be compatible with other buildings in the neighborhood. (g) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening and other site improvements consistent with the character of the neighborhood. (h) The primary purpose of the facility cannot be to treat juveniles who have violated criminal statutes relating to sex offenses or who have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses. (i) The facility shall not provide accommodations to treat persons whose tenancy would constitute a direct threat to the health and safety of other individuals. (j) The facility shall not accept court ordered referrals for treatment in lieu of incarceration without adequate security. (k) The facility shall meet all applicable housing, building and fire codes and be licensed as required by the State of Minnesota. (l) If the size, location, licensing or purpose of the facility changes, a new or amended conditional use permit may be required. (37) Residential care facility, correctional. (a) The use shall be located at least 1/4 mile (1,320 feet) from all existing residential care facilities and correctional residential care facilities, regardless of the licensing status of such facilities measured from property line to property line. (b) The use shall only be located in the I-1, Light Industrial District and the I-2, General Industrial District parcels throughout the city. 143 Item 2. City of Columbia Heights – Ordinance 1711 Page 120 (c) The use shall not be located in a two-family or multiple-family dwelling unless it occupies the entire structure. (d) The facility shall be located on a parcel meeting the minimum lot size for single-family dwelling plus an area of 300 square feet for each resident over two. The maximum number of residents shall not exceed four. (e) On-site services shall be for residents of the facility only. (f) The building and any exterior fenced areas shall meet the setback requirements of the zoning district in which the use in located. (g) To the extent practical, all new construction or additions to existing buildings shall be compatible with the scale and character of the surroundings, and exterior building materials shall be compatible with other buildings in the neighborhood. (h) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening and other site improvements consistent with the character of the neighborhood. (i) The facility shall meet all applicable housing, building and fire codes and be licensed as required by the State of Minnesota. (j) If the size, location, licensing or purpose of the facility changes, a new or amended conditional use permit may be required. (38) Salvage operation/transfer station. (a) The use shall be located at least 500 feet from any residentially zoned property or any residential use. (b) The use must comply with the minimum standards for operation, safety, storage and all waste management as identified in the most current version of MPCA Motor Vehicle Salvage Facility Environmental Compliance Manual or successor manual. (c) The use must be served by a minor collector or higher functional classification of roadway. (d) Buildings, parking areas, loading areas and any exterior storage shall meet the setback requirements for a principal structure in the zoning district in which the use is located. (e) No vehicles or vehicle parts may be placed within the public right-of-way or on public property. (f) Exterior storage shall be limited to a maximum height of 12 feet and shall be fully screened so that items stored do not exceed the height of the screening provided. (g) An environmental management plan, including a storm water management and drainage plan, shall be submitted to address the impact of the facility on the environment. (h) The salvage facility operator shall maintain a written record of all vehicles received, including the date received, date when fluids were removed and date removed from the facility. The record shall also include the vehicle identification number, make and model and shall be initiated on the date the vehicle is received at the facility. 144 Item 2. City of Columbia Heights – Ordinance 1711 Page 121 (i) All fluids, including but not limited to motor oil, transmission and/or transfer case lubricants, differential lubricants, fuel, antifreeze, refrigerants and window washing fluids shall be removed from the vehicle within three days of receipt. (j) All lead acid batteries, mercury containing devices and other hazardous materials shall be removed from the vehicle within three days of receipt. (k) On-site burning of trash, refuse, garbage or other waste materials is prohibited. (l) Salvage of materials by fire, burning, explosives or chemical decomposition is prohibited. (39) School, K-12. (a) The use shall include a regular course of study accredited by the State of Minnesota. (b) The site shall be served by a major collector or higher classification of roadway. (c) The parcel upon which the use is located shall have a lot area no less than four times the area of the building footprint. (d) A transportation management plan shall be submitted to address off-street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding road ways. (e) To the extent practical, all new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. (f) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (40) School, vocational/business. (a) The site shall be served by a minor arterial or higher classification of roadway. (b) The parcel upon which the use is located shall have a lot area no less than four times the area of the building footprint. (c) A master plan shall be submitted that describes proposed physical development for the next five years and for the following five years. Said plan shall include a description of proposed development phases and plans, development priorities, the probable sequence of proposed development, estimated dates of construction and the anticipated interim use of property waiting to be developed. (d) A transportation management plan shall be submitted to address off-street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways. (e) New construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. (f) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. 145 Item 2. City of Columbia Heights – Ordinance 1711 Page 122 (41) School, performing/visual/martial arts. (a) The site shall be served by a minor collector or higher classification of roadway. (b) A transportation management plan shall be submitted to address off-street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways. (c) To the extent practical, all new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. (d) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (42) Shopping center. (a) Only uses that are allowed within the zoning district in which the shopping center is located, shall be allowed in the shopping center. (b) Uses that require a conditional use permit, site plan review or other land use approval shall comply with all review and approval requirements of this article. (c) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet shall be inspected regularly for purposes of removing any litter found thereon. (43) Smoke shops. (a) The smoke shop must have an entrance door opening directly to the outdoors. (b) Greater than 90% of the business’s gross revenue must be from the sale of tobacco, tobacco products or smoking related accessories. (c) A tobacco department or section of any individual business establishment with any type of liqu or, food or restaurant license shall not be considered a smoke shop. (d) The total number of city-issued smoke shop licenses shall at no time exceed five. (e) Any existing smoke shops at the time of the passage of Ord. 1570 shall comply fully with the ordinance by December 31, 2010. (44) Transitional/emergency housing. (a) Transitional/emergency housing shall be located at least 1/4 mile from all existing transitional/emergency housing. (b) The maximum number of persons served shall not exceed 32. (c) On-site services shall be for residents of the facility only, except where part of a regimen of scheduled post - residential treatment/service. (d) To the extent practical, all new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. 146 Item 2. City of Columbia Heights – Ordinance 1711 Page 123 (e) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (45) Two-family and twinhome dwellings. (a) Street-facing garage doors must be recessed behind either the front facade of the living area portion of the dwelling or a covered porch, measuring at least six feet by eight feet, by at least five feet. (b) If located on a corner lot, each unit of the duplex or twinhome shall have its address and entrance oriented to a separate street frontage. (c) Vehicle access to a lot must be from an alley if the lot abuts an alley. (46) Brewer taprooms and brew pubs. (a) All malt liquor production shall be within a completely enclosed structure. (b) Mechanical equipment shall be placed and/or screened so as to minimize the visual impact on adjacent properties and from public streets. (c) In zoning districts where off-street parking is required, a transportation management plan shall be submitted to address off-street parking, bus and freight loading, and traffic control. (d) Loading areas shall not be oriented toward a public street, nor shall loading docks be located on t he side of any building facing an adjacent lot that is zoned residential. Where these districts or streets abut all sides of the property, the loading areas shall be screened by a solid wall or opaque fence with a minimum height of six feet, in addition to any required landscape buffer. (e) Trash and/or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. (f) By-products and waste from the production of malt liquor shall be properly disposed of off the property. (g) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. (h) The facility shall meet all applicable building and fire codes, and shall be licensed as required by the state or county. (47) Banquet halls. (a) To the extent practical, new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings, and exterior materials shall be compatible with those used in the immediate neighborhood. (b) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening and other site improvements consistent with the character of the community. (c) The facility shall meet all applicable building and fire codes, and shall be licensed as required by the state or county. 147 Item 2. City of Columbia Heights – Ordinance 1711 Page 124 (d) A transportation management plan shall be submitted to address off-street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways. (e) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing any litter found thereon. (f) Music or amplified sounds shall not be audible from adjacent residential uses and must meet the requirements of city ordinances, to ensure consistent enforcement by the Police Department. (48) Health/fitness clubs in LB, Limited Business districts. (a) The health/fitness club shall not exceed 4,000 gross square feet in area. (b) The use shall be served by a minor collector or higher classification roadway. (c) To the extent practical, new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. (d) An appropriate transition area shall be provided between the use and adjacent property by landscaping, screening or other site improvements consistent with the character of the neighborhood. (e) The parking supply requirements of § 9.105(L)(10) shall be satisfied via off-street parking or a combination of off-street parking and off-site parking. Off-site parking shall be located no more than 400 feet from the main entrance of the use being served. (f) The City Council may establish limited business hours as a means of ensuring compatibility with surrounding uses. (49) Seasonal Sales Stands (a) The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Community Development Department and the Fire Department and sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. (c) Seasonal sales stands shall be accessory to a commercial use. (d) Seasonal sales stands located within the public right-of-way are prohibited. (e) All goods shall be displayed on a designated impervious surface area. (f) All goods shall be displayed in an orderly fashion, with access aisles provided as needed. (g) Music or amplified sounds shall not be audible from adjacent residential properties. (h) The seasonal sales stand shall not reduce the amount of off-street parking provided one-site below the level required for the principal use. (i) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (j) Signage shall be limited to two professionally made signs, with a combined square footage not exceeding 48 square feet. 148 Item 2. City of Columbia Heights – Ordinance 1711 Page 125 (k) Seasonal sales stands may be allowed for a maximum of 90 days per calendar year. (50) Roof-Mounted Solar Energy System (a) The system shall comply with applicable state and local fire codes to ensure emergency access to the roof, provide pathways to specific areas of the roof, provide areas for smoke ventilation, and provide emergency egress from the roof. (51) Ground-Mounted Solar Energy Systems. (a) If the area under the system contains vegetative ground cover such as grass, native planting and vegetations, or pollinator habitats as the tilt and spacing allows for precipitation to drain into the pervious ground cover, then it is not considered to be impervious surface coverage. Section 5 The following language for Residential Districts is added, amended and deleted as provided in Section 9.109 of the City Code of 2005, is hereby established to read as follows: (A) Purpose. The residential zoning districts are established to preserve and enhance the quality of living in residential neighborhoods; provide a range of housing types and densities consistent with the comprehensive plan; regulate structures and uses which may affect the character or desirability of these residential areas; and provide directly related complementary uses that support the residential areas while safeguarding the residential character of these areas. (B) General provisions. (1) Compliance with applicable regulations. Any use established in a residential district after the effective date of this article shall comply with all applicable local, state and federal standards for such uses. (2) Administration. The administration and enforcement of this section shall be in accordance with the provisions of § 9.104, Administration and Enforcement. (3) Nonconformities. Nonconforming uses, structures, lots and signs within a residential district shall be subject to the provisions of § 9.105, Nonconformities. (4) Compliance with general development standards. Any use established, expanded or modified in a residential district after the effective date of this article shall comply with the applicable provisions of § 9.106, General Provisions, including the Table of Uses defining the allowed uses in residential and public zoning districts. (5) Compliance with specific development standards. Any use established, expanded or modified in a residential district after the effective date of this article that is identified in § 9.107, Specific Development Standards, shall comply with the applicable provisions of that section. (6) State licensed residential facility. State licensed residential facilities are allowed in all resident ial districts pursuant to M.S. § 462.357, as it may be amended from time to time. (C) Lot dimension, height, and bulk requirements. Lot area, setback, height and lot coverage requirements for uses in the residential districts shall be as specified in the following table: R-1 R-2A R-2B R-3 R-4 Minimum Lot Area 149 Item 2. City of Columbia Heights – Ordinance 1711 Page 126 Single-family dwelling 8,400 sq. ft. Existing on January 1, 2005 – 5,100 sq. ft. Established after January 1, 2005 - 6,500 sq. ft. Existing on January 1, 2005 – 5,100 sq. ft. Established after January 1, 2005 - 6,500 sq. ft. Existing on January 1, 2005 – 5,100 sq. ft. Established after January 1, 2005 - 6,500 sq. ft. Existing on January 1, 2005 – 5,100 sq. ft. Established after January 1, 2005 - 6,500 sq. ft. Two-family and twinhome dwellings 12,000 sq. ft. Existing on January 1, 2005 - 5,100 sq. ft. Established after January 1, 2005 - 12,000 sq. ft. 8,400 sq. ft. 8,400 sq. ft. Multiple-family dwelling 10,000 sq. ft. 10,000 sq. ft. Non-residential structure 8,400 sq. ft. 6,500 sq. ft. 6,500 sq. ft. 10,000 sq. ft. 10,000 sq. ft. Lot Area Per Dwelling Unit Multiple-family dwelling Efficiency 1,200 sq. ft. 800 sq. ft. One bedroom 1,800 sq. ft. 1,000 sq. ft. Two bedroom 2,000 sq. ft. 1,200 sq. ft. Three bedroom 2,500 sq. ft. 1,500 sq. ft. Additional bedroom 400 sq. ft. 200 sq. ft. Congregate living units 400 sq. ft. 400 sq. ft. Minimum Lot Width 70 ft. Existing on January 1, 2005 – 40 ft. Established after January 1, 2005 - 60 ft. Existing on January 1, 2005 – 40 ft. Established after January 1, 2005 - 60 ft. Existing on January 1, 2005 – 40 ft. Established after January 1, 2005 - 70 ft. Existing on January 1, 2005 – 40 ft. Established after January 1, 2005 - 70 ft. R-1 R-2A R-2B R-3 R-4 Minimum Lot Depth Residential Building Setbacks Front yard 25 ft. 25 ft. 25 ft. 1 & 2 Family - 25 ft. Multi- Family - 30 ft. 15 ft. Side yard 7 ft.* 5 ft.* 5 ft.* 1 & 2 Family - 5 ft. Multi- Family - 20 ft. 10 ft. Corner side yard 12 ft. 10 ft. 10 ft. 1 & 2 Family - 10 ft. Multi- Family - 30 ft. 15 ft. Rear yard 20% of lot depth 20% of lot depth 20% of lot depth 1 & 2 Family - 25 ft. Multi- Family - 30 ft. 15 ft. Non-Residential Building Setbacks Front yard 25 ft. 25 ft. 25 ft. 30 ft. 15 ft. Side yard 40 ft. 30 ft. 30 ft. 25 ft. 10 ft. Corner side yard 12 ft. 10 ft. 10 ft. 30 ft. 15 ft. Rear yard 40 ft. 30 ft. 30 ft. 25 ft. 10 ft. 150 Item 2. City of Columbia Heights – Ordinance 1711 Page 127 Single- and Two-Family Parking Setbacks Front yard (excluding drives/pads) 25 ft. 25 ft. 25 ft. 30 ft. 30 ft. Side yard 3 ft. 3 ft. 3 ft. 3 ft. 3 ft. Corner side yard 3 ft. 3 ft. 3 ft. 3 ft. 3 ft. Rear yard 3 ft. 3 ft. 3 ft. 3 ft. 3 ft. Multiple-Family Parking Setbacks Front yard 30 ft. 30 ft. Side yard 10 ft. 10 ft. Corner side yard 30 ft. 30 ft. Rear yard 10 ft. 10 ft. R-1 R-2A R-2B R-3 R-4 Non-Residential Parking Setbacks Front yard 25 ft. 25 ft. 25 ft. 30 ft. 30 ft. Side yard 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. Corner side yard 25 ft. 25 ft. 25 ft. 30 ft. 30 ft. Rear yard 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. Maximum Height Residential buildings 30 ft. 30 ft. 30 ft. 35 ft. 35 ft. Non-residential buildings 35 ft. 35 ft. 35 ft. 35 ft. 35 ft. Residential structures 30 ft. unless specified elsewhere 30 ft. unless specified elsewhere 30 ft. unless specified elsewhere 35 ft. unless specified elsewhere 35 ft. unless specified elsewhere Non-residential structures 35 ft. unless specified elsewhere 35 ft. unless specified elsewhere 35 ft. unless specified elsewhere 35 ft. unless specified elsewhere 35 ft. unless specified elsewhere Non-Residential Floor Area Ratio 2.2 Impervious surface coverage maximum for residential lots 35% for lots less than 6,500 sq. ft. 35% for lots less than 6,500 sq. ft. 35% for lots less than 6,500 sq. ft. 35% for lots less than 6,500 sq. ft. 35% for lots less than 6,500 sq. ft. 30% for lots greater than 6,500 sq. ft. 30% for lots greater than 6,500 sq. ft. 30% for lots greater than 6,500 sq. ft. 30% for lots greater than 6,500 sq. ft. 30% for lots greater than 6,500 sq. ft. * The side yard setback for structures in excess of two stories shall be increased to 10 feet. (D) Zero lot line setback provisions. In the R-2, R-3 and R-4 districts, the yard for a single-family attached dwelling may be reduced to zero feet, provided that the following conditions are satisfactorily met: (1) The wall of the dwelling unit shall be placed upon said property line in a manner that does not encroach upon another property. 151 Item 2. City of Columbia Heights – Ordinance 1711 Page 128 (2) The applicant records all required agreements, easements and deed restrictions against all properties that abut the zero lot line. (3) The minimum front, side and rear building setbacks shall be applied to the structure as a whole, rather than to individual units. (4) The minimum lot area requirement shall be applied by dividing the sum of the area of all parcels occupied by the structure by the total number of dwelling units. (E) R-1, Single-Family Residential District. (1) Purpose. The purpose of the R-1, Single-Family Residential District is to provide appropriately located areas for detached single-family dwellings and directly related complementary uses. Permitted, conditional, and accessory uses can be found in City Code 9.106 General Development Standards (S) Ta ble of Uses. (F) R-2A and R-2B, Two-Family Residential District. (1) Purpose. The purpose of the R-2A and R-2B Two-Family Residence District is to provide appropriately located areas for single-family dwellings, two-family dwellings (duplexes) and directly related complementary uses. Permitted, conditional, and accessory uses can be found in City Code 9.106 General Development Standards (S) Table of Uses. (G) R-3, Limited Multiple-Family Residential District. (1) Purpose. The purpose of the R-3, Limited Multiple-Family Residential District is to provide appropriately located areas for small lot single-family dwellings, multiple-family dwellings with up to eight units per structure (town homes, condominiums and apartments), congregate living arrangements and directly related complementary uses. Permitted, conditional, and accessory uses can be found in City Code 9.106 General Development Standards (S) Table of Uses. (H) R-4, Multiple-Family Residential District. (1) Purpose. The purpose of the R-4, Multiple-Family Residential District is to provide for appropriately located areas for high density multiple-family dwellings, congregate living arrangements and directly related complementary uses. Permitted, conditional, and accessory uses can be found in City Code 9.106 General Development Standards (S) Table of Uses. Section 6 The following language for Commercial Districts is added, amended and deleted as provided in Section 9.110 of the City Code of 2005, is hereby established to read as follows: (A) Purpose. The commercial districts are established to provide for a wide range of goods and services in locations throughout the community; provide employment opportunities; and enhance the livability of the communi ty by providing convenient access to goods and services. (B) General provisions. (1) Compliance with applicable regulations. Any use established in a commercial district after the effective date of this article shall comply with all applicable local, state and federal standards for such uses. 152 Item 2. City of Columbia Heights – Ordinance 1711 Page 129 (2) Administration. The administration and enforcement of this section shall be in accordance with the provisions of § 9.104, Administration and Enforcement. (3) Nonconformities. Nonconforming uses, structures, lots and signs within a commercial district shall be subject to the provisions of § 9.105, Nonconformities. (4) Compliance with general development standards. Any use established, expanded or modified in a commercial district after the effective date of this article shall comply with the applicable provisions of § 9.106, General Development Standards , including the Table of Uses defining the allowed uses in commercial districts. (5) Compliance with specific development standards. Any use established, expanded or modified in a commercial district after the effective date of this article shall comply with the applicable provisions of § 9.107, Specific Development Standards. (C) Lot dimension, height, and bulk requirements. Lot area, setback, height and lot coverage requirements for uses in the commercial districts shall be as specified in the following table. LB GB CBD Minimum Lot Area 6,000 sq. ft. 6,000 sq. ft. Minimum Lot Width 50 ft. 40 ft. 20 ft. LB GB CBD LB GB CBD Minimum Lot Depth Lot area per dwelling unit Single-family dwelling 6,500 sq. ft. Multiple-family dwelling Efficiency 1,200 sq. ft. 1,200 sq. ft. One bedroom 1,800 sq. ft 1,800 sq. ft. Two bedroom 2,000 sq. ft. 2,000 sq. ft. Three bedroom 2,500 sq. ft. 2,500 sq. ft. Additional bedroom 400 sq. ft. 400 sq. ft. Congregate living units 400 sq. ft. 400 sq. ft. Hotel or motel 400 sq. ft. Hospital 600 sq. ft. Building Setback Requirements Nonresidential/mixed-use front yard none 153 Item 2. City of Columbia Heights – Ordinance 1711 Page 130 Residential front yard 5 ft. Front yard 15 ft. none Side yard 15 ft. none none Corner side yard 10 ft. 15 ft. 1 ft. Rear yard 20 ft. 20 ft. 10 ft. Parking Setback Requirements Front yard 12 ft. 15 ft. 1 ft. Side yard 5 ft. 5 ft. none Corner side yard 12 ft. 15 ft. 1 ft. Rear yard 5 ft. 5 ft. 5 ft. Maximum Building Height 35 ft. 35 ft. none Maximum Structure Height 35 ft. unless specified elsewhere 35 ft. unless specified elsewhere none, unless specified elsewhere Maximum Lot Coverage Floor area ratio 1.0 6.0 (D) LB, Limited Business District. (1) Purpose. The purpose of the LB, Limited Business District is to provide appropriate locations for limited retail sales and services for the convenience of adjacent residential neighborhoods. These areas are located along collector or arterial roadways in close proximity to residential neighborhoods, arranged and designed to be a functional and harmonious part of the neighborhood, and accessible by public sidewalks or trails as well as by roadways. Permitted, conditional, and accessory uses can be found in City Code 9.106 General Development Standards (S) Table of Uses. (E) GB, General Business District. (1) Purpose. The purpose of the GB General Business District is to provide appropriate locations for general retail sales, services and other commercial developments that benefit from their proximity to other commercial uses. These areas are located away from residential neighborhoods, along arterial roadways and are accessible primarily by automobile. Permitted, conditional, and accessory uses can be found in City Code 9.106 General Development Standards (S) Table of Uses. (F) CBD, Central Business District. (1) Purpose. The purpose of the CBD, Central Business District is to provide for the development and redevelopment of the established downtown core, including a mix of retail, financial, office, service and entertainment uses. Residential units are allowed within this district when located above a first floor commercial use. Permitted, conditional, and accessory uses can be found in City Code 9.106 General Development Standards (S) Table of Uses. 154 Item 2. City of Columbia Heights – Ordinance 1711 Page 131 (2) Off-street parking. The CBD, Central Business District, shall be considered an off -street parking district in which off-street parking is not required for nonresidential land uses. Residential uses, including those in mixed-use buildings, shall meet the parking requirements of § 9.106. Section 7 The following language for Industrial Districts is added, amended and deleted as provided in Section 9.111 of the City Code of 2005, is hereby established to read as follows: (A) Purpose. The industrial districts are established to enhance the community’s tax base; provide employment opportunities; and accommodate industrial development while maintaining compatibility with surrounding areas. (B) General provisions. (1) Compliance with applicable regulations. Any use established in an industrial district after the effective date of this chapter shall comply will all applicable local, state and federal standards for such uses. (2) Administration. The administration and enforcement of this section shall be in accordance with the provisions of § 9.104, Administration and Enforcement. (3) Nonconformities. Nonconforming uses, structures, lots and signs within an Industrial District shall be subject to the provisions of § 9.105, Nonconformities. (4) Compliance with general development standards. Any use established, expanded or modified in an industrial district after the effective date of this article shall comply with the applicable provisions of § 9.106, General Development Standards, including the Table of Uses defining the allowed uses in industrial districts. (5) Compliance with specific development standards. Any use established, expanded or modified in an industrial district after the effective date of this chapter that is identified in § 9.107, Specific Development Standards, shall comply with the applicable provisions of that section. (C) Lot dimension, height, and bulk requirements. Lot area, setback, height and lot coverage requirements for uses in the industrial districts shall be as specified in the following table: I-1 I-2 I-1 I-2 Minimum Lot Area 10,000 sq. ft. 10,000 sq. ft. Minimum Lot Width 80 ft. 80 ft. Minimum Lot Depth Building Setback Requirements 155 Item 2. City of Columbia Heights – Ordinance 1711 Page 132 Front yard 20 ft. 20 ft. Side yard 12 ft. 12 ft. Corner side yard 15 ft. 15 ft. Rear yard 24 ft. 24 ft. Parking Setback Requirements Front yard 20 ft. 20 ft. Side yard 5 ft. 5 ft. Corner side yard 20 ft. 20 ft. Rear yard 5 ft. 5 ft. Maximum Height Maximum Lot Coverage Floor Area Ratio 1.0 1.0 (D) I-1, Light Industrial District. (1) Purpose. The purpose of the I-1, Light Industrial District is to provide appropriate locations for industrial enterprises engaged in activities such as assembly, storage, warehousing and light manufacturing and further processing of materials first handled by general industry. These areas are located wit h easy access to arterial roadways and should be separated from residential uses by natural or manmade barriers. Permitted, conditional, and accessory uses can be found in City Code 9.106 General Development Standards (S) Table of Uses. (E) I-2, General Industrial District. (1) Purpose. The purpose of the I-2, General Industrial District is to provide appropriate locations for industrial enterprises engaged in activities such as manufacturing, processing, assembly, storage and warehousing, which, because of their size and/or nature, require isolation from non- industrial uses. These areas are located with easy access to arterial roadways or railroads and should be separated from non-industrial uses by natural or manmade 156 Item 2. City of Columbia Heights – Ordinance 1711 Page 133 barriers. Permitted, conditional, and accessory uses can be found in City Code 9.106 General Development Standards (S) Table of Uses. Section 8 The following language for Planned Unit Development Districts is added and amended as provided in Section 9.111 of the City Code of 2005, is hereby established to read as follows: (A) Purpose. The purpose of the PUD, Planned Unit Development District is to provide greater flexibility with development and redevelopment; preserve historical, environmental, and aesthetically significant features; promote a high quality of design; and encourage more technological and energy efficient developments. This is achieved by undertaking a process that results in a development outcome that exceeds the typical development achievable through standard zoning controls. (B) General provisions. (1) Relationship to other applicable regulations. (a) Property located within a PUD District shall be subject to the land use con trols described in the primary zoning district, as well as the rules and regulations prescribed in the PUD District plan. Where the provisions of the primary zoning district and the PUD District plan are in conflict, the PUD District plan shall govern. (b) The PUD District plan review process, in accordance with the provisions of this section, constitute and supersede the requirements set forth in § 9.104(N)(2). (2) Right of application. Any person having a legal interest in the property may file an application for the establishment of a PUD District with the Zoning Administrator. (3) Authority. The city retains absolute authority and discretion to establish a PUD District, and reserves the right to deny the establishment of a PUD District if the City Council determines that the proposed benefits of the development do not justify the requested flexibilities of a PUD District. (4) Administration. The administration and enforcement of this section shall be in accordance with the provisions of § 9.104 . (5) Application. An application for establishment of a PUD District shall be filed with the Zoning Administrator on the approved form, and shall be accompanied by an application fee as set forth in § 9.104 (C)(5). An application shall include a narrative; a vicinity map; an accurately scaled site plan showing the locations of proposed and existing buildings, existing and proposed topography, vehicular access and parking areas, landscaping, and other site features; a stormwater management plan; elevation views of all proposed buildings and structures; and any other information determined by the Zoning Administrator to be necessary. (6) Approval. Approval of a PUD District plan shall be by ordinance, a simple majority vote, and in full force and effect from and after 30 days after its passage. (7) Physical development contract. After City Council approval of a PUD District plan, a physical development contract shall be required prior to site development. The physical development contract shall reference all the approved plans and specify permitted uses; allowable densities; development phasing if applicable; required public improvements; construction commencement and completion dates of the minimum improvements; an irrevocable letter of credit, or cash deposit in an amount sufficient to ensure the provision or development of publ ic improvements; and any other requirements determined by the Zoning Administrator to be necessary. The physical development contract shall be signed by the applicant or an authorized representative within 60 days after its approval by City Council. (8) Time limits. An established PUD District shall be validated by the construction commencement of the minimum improvements pursuant to the physical development contract. If the construction commencement fails to meet the deadline specified in the physical development contract, the approval of the PUD District plan by the City 157 Item 2. City of Columbia Heights – Ordinance 1711 Page 134 Council shall be rendered invalid and void. Notwithstanding the construction commencement time limitations, the City Council may, at its own discretion, approve an extension by app roval of an amendment to the physical development contract if requested by the applicant in writing. (C) Areas of flexibility. Development flexibility provided through the establishment of a PUD District will not be approved in avoidance of the regulations set forth by the primary zoning district. However, if a development is able to achieve a higher quality of design, efficiency, and technology than what current market conditions allow, the establishment of a PUD District will provide flexibility to t he following areas: (1) Building heights; (2) Building materials; (3) Building and parking setbacks; (4) Landscaping requirements; (5) Multiple building placement; (6) Parking and vehicular requirements; (7) Public art requirements; (8) Public spaces; (9) Signage requirements; (10) Site density. (11) Solar, renewable energy systems, and beneficial electrification. (D) Review procedure. (1) Pre-application meeting. Prior to filing an application with the Zoning Administrator for the establishment of a PUD District, the applicant shall meet with city staff for a pre-application meeting. The primary purpose of the pre- application meeting is to allow the applicant and city staff to discus s land use controls, appropriate uses of the site, specific development design standards, the application process, and required information that shall be submitted with an application, as well as evaluating how the development will achieve a higher quality of design, efficiency and technology in relation to guiding documents. (2) Development Review Committee. After a completed application has been filed, the Development Review Committee, comprised of the Zoning Administrator, Building Official, Fire Chief, City Engineer, and his or her appointee, shall conduct an administrative review of the application. All findings and determinations by the Development Review Committee shall be forwarded to the Planning Commission. (3) Neighborhood meeting. Prior to the consideration of a PUD District plan or a major amendment to a PUD District plan by the Planning Commission, the applicant shall hold a neighborhood meeting within city limits, and mail a notification of the neighborhood meeting to all property owners and tenants within 350 feet surrounding the proposed PUD District. The purpose of the meeting is to inform the neighborhood of the proposed development, and to obtain input from the affected property owners and tenants. (4) Planning Commission. (a) Informal public hearing. The Planning Commission shall hold an informal public hearing for the consideration of a completed application for the establishment of a PUD District in accordance with the requirements of this section. The Planning Commission shall make the following findings of fact before approving the establishment of a PUD District: 1. The PUD District plan conforms to all applicable requirements of this article; 2. The PUD District plan is consistent with the applicable provisions of the comprehensive plan; 3. The PUD District plan is consistent with any applicable area plan; 4. The PUD District plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. (b) Recommendation. The findings and recommendation of the Planning Commission shall be forwarded to the City Council. The Planning Commission may impose conditions of recommended approval or modifications to any 158 Item 2. City of Columbia Heights – Ordinance 1711 Page 135 PUD District plan, and require guarantees deemed necessary to ensure compliance with the requirements of this section. (5) City Council. (a) Formal public hearing. The City Council shall hold a formal public hearing for the consideration of a completed application for the establishment of a PUD District in accordance with the requirements of this section. (b) Action. The City Council shall review and consider the recommendations of the Planning Commission, the Development Review Committee, and the public before approval or denial, in whole or in part, is made for establishment of the PUD District. A denial shall only be based on findings of fact that the PUD District plan is not in substantial compliance with the provisions of this section, or if the City Council determines that the proposed benefits of the development do not justify the requested flexibilities of a PUD District. (E) Amendments. An approved PUD District plan may not be changed or modified without prior approval by City Council. A request for an amendment to an approved PUD District plan shall be submitted and reviewed by the Zoning Administrator to determine if it is a minor or major amendment. (1) Minor amendments. 1. An amendment shall be deemed minor in nature if a change or modification to the approved PUD District plan increases or decreases a provision to be in conformance with the primary zoning district; increases the density of units per acre or gross floor area in any structure by less than or equal to 10%; demolishes or adds an accessory structure; significantly alters the original intent of the landscape plans or elevation views; or is not determined by the Zoning Administrator to be major in nature. 2. A minor amendment shall be placed on the consent agenda of City Council without the review by the Planning Commission. The City Council may remove the minor amendment from the consent agenda for discussion before approval or denial. (2) Major amendments. (a) An amendment shall be deemed major in nature if a change or modification to the approved PUD District plan increases or decreases a provision to not be in conformance with the primary zoning district; increases the density of units per acre or gross floor area in any structure by more than 10%; demolishes or adds a principal structure; alters the placement of buildings or roads; introduces a new use; decreases the amount of public spaces by more than or equal to 3%, or alters it in such a way to change its original intent; creates a conflict with the original conditions of recommended approval; eliminates, substantially diminishes, or compromises the original intent of the PUD District as prescribed in division (A) of this section; or is not determined b y the Zoning Administrator to be minor in nature. (b) A major amendment shall require the submittal of a revised PUD District plan to the Zoning Administrator for full review and approval in accordance with the provisions of this section. (F) Cancellations. An approved PUD District plan shall be cancelled and revoked only upon City Council approving a resolution rescinding the PUD District. Cancellation of a PUD District plan shall include findings of fact that demonstrate that the district is no longer necessary due to changes in local regulations; has become inconsistent with the comprehensive plan of the city; threatens public safety, health, or welfare; or at the request of the applicant or assignee in writing. Section 9 The following language for Overlay Districts is added and amened as provided in Section 9.114 of the City Code of 2005, is hereby established to read as follows: (A) General provisions. (1) Purpose. Overlay districts are established in recognition of the unique characteristics of land and land use within certain parts of the city, including those properties within flood -prone areas and shoreland areas. Overlay 159 Item 2. City of Columbia Heights – Ordinance 1711 Page 136 districts are further intended to protect the public health, safety, and welfare by p reserving environmentally sensitive and unique areas of the community. (2) Relationship to other applicable regulations. Property located within an overlay district shall be subject to the provisions of both the primary zoning district and the over lay district. Where the provisions of the primary zoning district and the overlay zoning district are in conflict, the most restrictive provisions shall govern. (3) Establishment of boundaries. Overlay district boundaries shall be as specified in the individual overlay district regulations. (4) Establishment of overlay district. The following overlay districts are established: (a) Floodplain Management Overlay District. (b) Shoreland Management Overlay District. (c) Design Overlay District. (B) Floodplain Management Overlay District. (1) Statutory authorization, findings of fact and purpose. (a) Statutory authorization. The legislature of the state has, in M.S. Chapter 103F and Chapter 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council of the city, does ordain as follows. (b) Purpose. 1. This section regulates development in the flood hazard areas of the city. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this section to promote the public health, safety, and general welfare by minimizing these losses and disruptions. 2. National Flood Insurance Program compliance. This section is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 C.F.R. Parts 59 through 78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program. 3. This section is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and storm water impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development. (2) General provisions. (a) How to use this section. This section adopts the floodplain maps applicable to the city and includes three floodplain districts: Floodway, Flood Fringe, and General Floodplain. 1. Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the standards in divisions (B)(4) or (B)(5) will apply, depending on the location of a property. 2. Locations where Floodway and Flood Fringe districts are not delineated on the floodplain maps are considered to fall within the General Floodplain district. Within the General Floodplain district, the Floodway District standards in division (B)(4) apply unless the floodway boundary is determined, according to the process outlined in division (B)(6). Once the floodway boundary is determined, the Flood Fringe District standards in division (B)(5) may apply outside the floodway. (b) Lands to which section applies. This section applies to all lands within the jurisdiction of the City of Columbia Heights shown on the Official Zoning Map and/or the attachments to the map as being located within the boundaries of the Floodway, Flood Fringe, or General Floodplain Districts. 1. The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that are superimposed on all existing zoning districts. 2. The standards imposed in the overlay districts are in addition to any other requirements in this section. In case of a conflict, the more restrictive standards will apply. 160 Item 2. City of Columbia Heights – Ordinance 1711 Page 137 (c) Incorporation of maps by reference. The following maps together with all attached material are hereby adopted by reference and declared to be a part of the Official Zoning Map and this section. The attached material includes the Flood Insurance Study for Anoka County, Minnesota, and Incorpor ated Areas and the Flood Insurance Rate Map enumerated below, all dated December 16, 2015 and all prepared by the Federal Emergency Management Agency. These materials are on file in the Office of the City Planner. 1. 27003C0384E. 2. 27003C0392E. 3. 27003C0403E. 4. 27003C0411E. (d) Regulatory flood protection elevation. The regulatory flood protection elevation (RFPE) is an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. (e) Interpretation. The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance Rate Map. 1. Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field conditions, the flood elevations shall be the governing factor. The Zoning Administrator must interpret the boundary location based on the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain, and other available technical data. 2. Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Board of Adjustment and to submit technical evidence. (f) Abrogation and greater restrictions. It is not intended by this section to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However, where this section imposes greater restrictions, the provisions of this section prevail. All other ordinances inconsistent with this section are hereby repealed to the extent of the inconsistency only. (g) Warning and disclaimer of liability. This section does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. Thi s section does not create liability on the part of the city or its officers or employees for any flood damages that result from reliance on this section or any administrative decision lawfully made hereunder. (h) Severability. If any section, clause, provision, or portion of this section is adjudged unconstitutional or invalid by a court of law, the remainder of this section shall not be affected and shall remain in full force. (i) Definitions. Unless specifically defined below, words or phrases used in this section must be interpreted according to common usage and so as to give this section its most reasonable application. ACCESSORY USE OR STRUCTURE. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. BASE FLOOD ELEVATION. The elevation of the "regional flood." The term BASE FLOOD ELEVATION is used in the flood insurance survey. BASEMENT. Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. CONDITIONAL USE. A specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: a. Certain conditions as detailed in the zoning ordinance exist. b. The structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood. CRITICAL FACILITIES. Facilities necessary to a community's public health and safety, those that store or produce highly volatile, toxic or water-reactive materials, and those that house occupants that may be insufficiently 161 Item 2. City of Columbia Heights – Ordinance 1711 Page 138 mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities. DEVELOPMENT. Any manmade change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. FARM FENCE. A fence as defined by M.S. § 344.02, subd. 1(a)-(d). An open type fence of posts and wire is not considered to be a structure under this section. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under this section. FLOOD. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. FLOOD FREQUENCY. The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. FLOOD FRINGE. That portion of the floodplain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for Anoka County, Minnesota. FLOOD PRONE AREA . Any land susceptible to being inundated by water from any source (see FLOOD). FLOODPLAIN. The beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. FLOODPROOFING. A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. FLOODWAY. The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor. MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term MANUFACTURED HOME does not include the term "recreational vehicle." OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. ONE HUNDRED YEAR FLOODPLAIN. Lands inundated by the "regional flood" (see definition). PRINCIPAL USE OR STRUCTURE. All uses or structures that are not accessory uses or structures. REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. RECREATIONAL VEHICLE. A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this section, the term RECREATIONAL VEHICLE is synonymous with the term "travel trailer/travel vehicle." REGIONAL FLOOD. A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the 162 Item 2. City of Columbia Heights – Ordinance 1711 Page 139 magnitude of the 1% chance or 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study. REGULATORY FLOOD PROTECTION ELEVATION (RFPE). An elevation not less than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. REPETITIVE LOSS. Flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred. SPECIAL FLOOD HAZARD AREA. A term used for flood insurance purposes synonymous with "one hundred year floodplain." STRUCTURE. Anything constructed or erected on the ground or attached to the ground or on -site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in division (B)(9)(b)2. of this section and other similar items. SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT. Within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: a. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. b. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." For the purpose of this ordinance, "historic struct ure" is as defined in 44 C.F.R. Part 59.1. (j) Annexations. The Flood Insurance Rate Map panels adopted by reference into division (B)(2)(c) above may include floodplain areas that lie outside of the corporate boundaries of the City of Columbia Heights at the time of adoption of this section. If any of these floodplain land areas are annexed into the city after the date of adoption of this section, the newly annexed floodplain lands will be subject to the provisions of this section immediately up on the date of annexation. (3) Establishment of zoning districts. (a) Districts. 1. Floodway District. The Floodway District includes those areas designated as floodway on the Flood Insurance Rate Map adopted in division (B)(2)(c). For lakes, wetlands and other basins, the Floodway District includes those areas designated as Zone A on the Flood Insurance Rate Map that are at or below the ordinary high water level as defined in M.S. § 103G.005, subd. 14. 2. Flood Fringe District. The Flood Fringe District includes those areas designated as floodway fringe on the Flood Insurance Rate Map adopted in division (B)(2)(c), as being within Zone AE but being located outside of the floodway. For lakes, wetlands and other basins (that do not have a floodway designated), the Flood Fringe District includes those areas designated as Zone A on the Flood Insurance Rate Map panels adopted in division (B)(2)(c) that are below the 1% annual chance (100-year) flood elevation but above the ordinary high water level as defined in M.S. § 103G.005, subd. 14. 163 Item 2. City of Columbia Heights – Ordinance 1711 Page 140 3. General Floodplain District. The General Floodplain District includes those areas designated as Zone A or Zone AE without a floodway on the Flood Insurance Rate Map adopted in division (B)(2)(c), but not subject to the criteria in divisions (B)(3)(a)1. and 2. above. (b) Compliance. Within the floodplain districts established in this section, the use of any land, the use, size, type and location of structures on lots, the installation and maintenance of transportation, utility, water supply and waste treatment facilities, and the subdivision of land must comply with the terms of this section and other applicable regulations. All uses not listed as permitted uses or conditional uses in division (B)(4), (5) and (6), respectively, are prohibited. In addition, a caution is provided here that: 1. New and replacement manufactured homes and certain recreational vehicles are subject to the general provisions of this section and specifically division (B)(9). 2. Modifications, additions, structural alterations, normal maintenance and repair, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this section and specifically division (B)(11). 3. All structures must be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 4. As-built elevations for elevated or floodproofed structures must be certified by ground surveys an d flood- proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this ordinance and specifically as stated in division (B)(10) of this section. 5. Critical facilities, as defined in division (B)(2)(i), are prohibited in all floodplain districts. (4) Floodway District (FW). (a) Permitted uses. The following uses, subject to the standards set forth in division (B)(4)(b), are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district: 1. General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. 2. Industrial-commercial loading areas, parking areas, and airport landing strips. 3. Open space uses, including but not limited to private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas, and single or multiple purpose recreational trails. 4. Residential lawns, gardens, parking areas, and play areas. 5. Railroads, streets, bridges, utility transmission lines and pipelines, provided that the Department of Natural Resources' Area Hydrologist is notified at least ten days prior to issuance of any permit, and that the standards in divisions (B)(4)(d)1., (d)3.a. and (d)6. of this section are met. (b) Standards for floodway permitted uses. 1. The use must have a low flood damage potential. 2. With the exception of the uses listed in division (B)(4)(a)5., the use must not obstruct flood flows or increase flood elevations and must not involve structures, fill, obstructions, excavations or storage of materials or equipment. 3. Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood. (c) Conditional uses. The following uses may be allowed as conditional uses following the standards and procedures set forth in division (B)(10)(d) of this section and further subject to the stand ards set forth in division (B)(4)(d), if otherwise allowed in the underlying zoning district or any applicable overlay district. 164 Item 2. City of Columbia Heights – Ordinance 1711 Page 141 1. Structures accessory to the uses listed in division (B)(4)(a) above and the uses listed in division (B)(4)(c)2. through 7. below. 2. Extraction and storage of sand, gravel, and other materials. 3. Marinas, boat rentals, docks, piers, wharves, and water control structures. 4. Storage yards for equipment, machinery, or materials. 5. Placement of fill or construction of fences that obstruct flood flows. Farm fences, as defined in division (B)(2)(i), are permitted uses. 6. Travel-ready recreational vehicles meeting the exception standards in division (B)(9)(b). 7. Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the ten-year frequency flood event. (d) Standards for floodway conditional uses. 1. All uses. A conditional use must not cause any increase in the stage of the 1% chance or regional flood or cause an increase in flood damages in the reach or reaches affected. 2. Fill; storage of materials and equipment. a. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. b. Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan. c. Temporary placement of fill, other materials, or equipment which would cause an increase to the stage of the 1% chance or regional flood may only be allowed if the City Council has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available. 3. Accessory structures. a. Accessory structures must not be designed for human habitation. b. Accessory structures, if permitted, must be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters: i. Whenever possible, structures must be constructed with the longitudinal axis parallel to the direction of flood flow; and ii. So far as practicable, structures must be placed approximately on the same flood flow lines as those of adjoining structures. c. Accessory structures must be elevated on fill or structurally dry floodproofed in accordance with the FP -1 or FP-2 floodproofing classifications in the State Building Code. All floodproofed accessory structures must meet the following additional standards: i. The structure must be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls; and ii. Any mechanical and utility equipment in the structure must be elevated to or ab ove the regulatory flood protection elevation or properly floodproofed. d. As an alternative, an accessory structure may be internally/wet floodproofed to the FP -3 or FP-4 floodproofing classifications in the State Building Code, provided the accessory structure constitutes a minimal investment and does not exceed 576 square feet in size. A detached garage may only be used for parking of vehicles and limited storage. All structures must meet the following standards: i. To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and 165 Item 2. City of Columbia Heights – Ordinance 1711 Page 142 ii. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. 4. Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters are subject to the provisions of M.S. § 103G.245. 5. A levee, dike or floodwall constructed in the floodway must not cause an increase to the 1% chance or regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream. 6. Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. (5) Flood Fringe District (FF). (a) Permitted uses. Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in division (B)(5)(b). If no pre-existing, underlying zoning districts exist, then any residential or nonresidential structure or use of a structure or land is a permitted use provided it does not constitute a public nuisance. (b) Standards for flood fringe permitted uses. 1. All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure. a. All service utilities, including ductwork, must be elevated or water -tight to prevent infiltration of floodwaters. b. As an alternative to elevation on fill, an accessory structure that constitutes a minimal investment and that does not exceed 576 square feet in size may be internally floodproofed in accordance with division (B)(4)(d)3. 2. The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless the fill is specifically intended to elevate a structure in accordance with division (B)(5)(b)1. of this section, or if allowed as a conditional use under division (B)(5)(c)3. below. 3. The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation. 4. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. 5. Fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method. 6. All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning/emergency evacuation plan acceptable to the City Council. 7. Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood. 8. Interference with normal manufacturing/industrial plant operations must be minimized, especially along streams having protracted flood durations. In considering permit applications, due consideration must be given to the needs of industries with operations that require a floodplain location. 9. Flood fringe developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. 10. Manufactured homes and recreational vehicles must meet the standards of division (B)(9) of this section. 166 Item 2. City of Columbia Heights – Ordinance 1711 Page 143 (c) Conditional uses. The following uses and activities may be allowed as conditional uses, if allowed in the underlying zoning district(s) or any applicable overlay district, following the procedures in division (B)(10)(d) of this section. Conditional uses must meet the standards in divisions (B)(5)(b)4. through 10. and division (B)(5)(d). 1. Any structure that is not elevated on fill or floodproofed in accordance with division (B)(5)(b)1. of this section. 2. Storage of any material or equipment below the regulatory flood protection elevation. 3. The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with division (B)(5)(b)1. of this section. (d) Standards for flood fringe conditional uses. 1. The standards listed in divisions (B)(5)(b)4. through 10. apply to all conditional uses. 2. Basements, as defined by division (B)(2)(i) of this section, are subject to the following: a. Residential basement construction is not allowed below the regulatory flood protection elevat ion. b. Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with division (B)(5)(d)4. of this section. 3. All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be floodproofed in accordance with the structurally dry floodproofing classifications in the State Building Code. Structurally dry floodproofing must meet the FP-1 or FP-2 floodproofing classification in the State Building Code, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures wet floodproofed to the FP-3 or FP-4 classification are not permitted. 4. The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan. a. The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (1% chance) flood event. b. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City Council. c. The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists. 5. Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of such materials within the time available after a flood warning. 6. Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts, pilings, parallel walls, and the like, or above-grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above-grade and not a structure's basement or lowest floor if: 1) the enclosed area is above-grade on at least one side of the structure; 2) it is designed to internally flood and is constructed with flood resistant materials; and 3) it is used solely fo r parking of vehicles, building access or storage. The above-noted alternative elevation methods are subject to the following additional standards: a. Design and certification. The structure's design and as-built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. b. Specific standards for above-grade, enclosed areas. Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: 167 Item 2. City of Columbia Heights – Ordinance 1711 Page 144 i. The minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and ii. That the enclosed area will be designed of flood resistant materials in accordance with the FP-3 or FP-4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage. (6) General Floodplain District (GF). (a) Permitted uses. 1. The uses listed in division (B)(4)(a) of this section, Floodway District permitted uses, are permitted uses. 2. All other uses are subject to the floodway/flood fringe evaluation criteria specified in division (B)(6)(b) below. Division (B)(4) applies if the proposed use is determined to be in the Floodway District. Division (B)(5) applies if the proposed use is determined to be in the Flood Fringe District. (b) Procedures for floodway and flood fringe determinations. 1. Upon receipt of an application for a permit or other approval within the General Floodplain District, the Zoning Administrator must obtain, review and reasonably utilize any regional flood elevation and floodway data available from a federal, state, or other source. 2. If regional flood elevation and floodway data are not readily available, the applicant must furnish additional information, as needed, to determine the regulatory flood protection elevation and whether the proposed use would fall within the Floodway or Flood Fringe District. Information must be consistent with accepted hydrological and hydraulic engineering standards and the standards in division (B)(6)(b)3. below. 3. The determination of floodway and flood fringe must include the following components, as applicable: a. Estimate the peak discharge of the regional (1% chance) flood. b. Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. c. Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than one-half (0.5) foot. A lesser stage increase than 0.5 foot is required if, as a result of the stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries. 4. The Zoning Administrator will review the submitted information and assess the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary. The assessment must include the cumulative effects of previous floodway encroachments. The Zoning Administrator may seek technical assistance from a designated engineer or other expert person or agency, including the Department of Natural Resources. Based on this assessment, the Zoning Administrator may approve or deny the application. 5. Once the Floodway and Flood Fringe District boundaries have been determined, the Zoning Administrator must process the permit application consistent with the applicable provisions of divisions (B)(4) and (5) of this section. (7) Land development standards. (a) In general. Recognizing that flood prone areas may exist outside of the designated floodplain districts, the requirements of this section apply to all land within the City of Columbia Heights. (b) Subdivisions. No land may be subdivided which is unsuitable for reasons of flooding or i nadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this section. 168 Item 2. City of Columbia Heights – Ordinance 1711 Page 145 1. All lots within the floodplain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation. 2. All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional (1% chance) flood has been approved by the City Council. The plan must be prepared by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation. 3. For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents. 4. In the General Floodplain District, applicants must provide the information required in division (B)(6)(b) of this section to determine the regional flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site. 5. If a subdivision proposal or other proposed new development is in a flood prone area, any such proposal must be reviewed to assure that: a. All such proposals are consistent with the need to minimize flood damage within the flood prone area; b. All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and c. Adequate drainage is provided to reduce exposure of flood hazard. (c) Building sites. If a proposed building site is in a flood prone area, all new construction and substantial improvements (including the placement of manufactured homes) must be: 1. Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; 2. Constructed with materials and utility equipment resistant to flood damage; 3. Constructed by methods and practices that minimize flood damage; and 4. Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from ent ering or accumulating within the components during conditions of flooding. (8) Public utilities, railroads, roads, and bridges. (a) Public utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be floodproofed in accordance with the State Building Code or elevated to the regulatory flood protection elevation. (b) Public transportation facilities. Railroad tracks, roads, and bridges to be located within the floodplain must comply with divisions (B)(4) and (5) of this section. These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. (c) On-site water supply and sewage treatment systems. Where public utilities are not provided: 1) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and 2) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they must not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the state's current statewide standards for on -site sewage treatment systems is considered to be in compliance with this section. (9) Manufactured homes, manufactured home parks, and recreational vehicles. 169 Item 2. City of Columbia Heights – Ordinance 1711 Page 146 (a) Manufactured homes. New manufactured home parks and expansions to existing manufactured home parks are prohibited in any floodplain district. For existing manufactured home parks or lots of record, the following requirements apply: 1. Placement or replacement of manufactured home units is prohibited in the Floodway District. 2. If allowed in the Flood Fringe District, placement or replacement of manufactured home units is subject to the requirements of division (B)(5) of this section and the following standards. a. New and replacement manufactured homes must be elevated in compliance with division (B)(5) of this section and must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over -the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. b. New or replacement manufactured homes in existing manufactured home parks must meet the vehicular access requirements for subdivisions in division (B)(7)(b)2. (b) Recreational vehicles. New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Placement of recreational vehicles in existing recreational vehicle parks or campgrounds in the floodplain must meet the exemption criteria below or be treated as new structures meeting the requirements of this section. 1. Recreational vehicles are exempt from the provisions of this section if they are placed in any of the following areas and meet the criteria listed in division (B)(9)(b)2.: a. Individual lots or parcels of record. b. Existing commercial recreational vehicle parks or campgrounds. c. Existing condominium-type associations. 2. Criteria for exempt recreational vehicles: a. The vehicle must have a current license required for highway use. b. The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks. c. No permanent structural type additions may be attached to the vehicle. d. The vehicle and associated use must be permissible in any pre -existing, underlying zoning district. e. Accessory structures are not permitted within the Floodway District. Any accessory structure in the Flood Fringe District must be constructed of flood-resistant materials and be securely anchored, meeting the requirements applicable to manufactured homes in division (B)(9)(b)2. f. An accessory structure must constitute a minimal investment. 3. Recreational vehicles that are exempt in division (B)(9)(b)2. lose this exemption when development occurs on the site that exceeds a minimal investment for an accessory structure such as a ga rage or storage building. The recreational vehicle and all accessory structures will then be treated as new structures subject to the elevation and floodproofing requirements of division (B)(5) of this section. No development or improvement on the parcel or attachment to the recreational vehicle is allowed that would hinder the removal of the vehicle should flooding occur. (10) Administration. (a) Zoning Administrator. A Zoning Administrator or other official designated by the City Council must administer and enforce this section. (b) Permit requirements. 1. Permit required. A permit must be obtained from the Zoning Administrator prior to conducting the following activities: 170 Item 2. City of Columbia Heights – Ordinance 1711 Page 147 a. The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this section. b. The use or change of use of a building, structure, or land. c. The construction of a dam, fence, or on-site septic system, although a permit is not required for a farm fence as defined in this section. d. The change or extension of a nonconforming use. e. The repair of a structure that has been damaged by flood, fire, tornado, or any other source. f. The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain. g. Relocation or alteration of a watercourse - including new or replacement culverts and bridges, unless a public waters work permit has been applied for. h. Any other type of "development" as defined in this section. 2. Application for permit. Permit applications must be submitted to the Zoning Administrator on forms provided by the Zoning Administrator. The permit application must include the following as applicable: a. A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit. b. Location of fill or storage of materials in relation to the stream channel. c. Copies of any required municipal, county, state or federal permits or approvals. d. Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application. 3. Certificate of zoning compliance for a new, altered, or nonconforming use. No building, land or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this section. 4. Certification. The applicant is required to submit certification by a registered prof essional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this section. Floodproofing measures must be certified by a registered professional engineer or registered architect. 5. Record of first floor elevation. The Zoning Administrator must maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing stru ctures in the floodplain. The Zoning Administrator must also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed. 6. Notifications for watercourse alterations. Before authorizing any alteration or relocation of a river or stream, the Zoning Administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to M.S. § 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA). 7. Notification to FEMA when physical changes increase or decrease base flood elevations. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the Zoning Administrator must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data. (c) Variances. 1. Variance applications. An application for a variance to the provisions of this section will be processed and reviewed in accordance with applicable state statutes and § 9.104(G) of the Zoning Ordinance. 171 Item 2. City of Columbia Heights – Ordinance 1711 Page 148 2. Adherence to state floodplain management standards. A variance must not allow a use that is not allowed in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. 3. Additional variance criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: a. Variances must not be issued by a community within any designated regulatory floodway if any inc rease in flood levels during the base flood discharge would result. b. Variances may only be issued by a community upon: i. A showing of good and sufficient cause; ii. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and iii. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. c. Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 4. Flood insurance notice. The Zoning Administrator must notify the applicant for a variance that: a. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and b. Such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions. 5. General considerations. The community may consider the following factors in granting variances and imposing conditions on variances and conditional uses in floodplains: a. The potential danger to life and property due to increased flood heights or velocities caused by encroachments; b. The danger that materials may be swept onto other lands or downstream to the injury of others; c. The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions; d. The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner; e. The importance of the services to be provided by the proposed use to the community; f. The requirements of the facility for a waterfront location; g. The availability of viable alternative locations for the proposed use that are not subject to flooding; h. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; i. The relationship of the proposed use to the Comprehensive Land Use Plan and flood plain management program for the area; j. The safety of access to the property in times of flood for ordinary and emergency vehicles; k. The expected heights, velocity, duration, rate of rise and sediment transport o f the flood waters expected at the site. 6. Submittal of hearing notices to the Department of Natural Resources (DNR). The Zoning Administrator must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 7. Submittal of final decisions to the DNR. A copy of all decisions granting variances must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 172 Item 2. City of Columbia Heights – Ordinance 1711 Page 149 8. Record-keeping. The Zoning Administrator must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency. (d) Conditional uses. 1. Administrative review. An application for a conditional use permit under the provisions of this section will be processed and reviewed in accordance with § 9.104(H) of the Zoning Ordinance. 2. Factors used in decision-making. In passing upon conditional use applications, the City Council must consider all relevant factors specified in other sections of this section, and those factors identified in division (B)(10)(c)5. of this section. 3. Conditions attached to conditional use permits. The City Council may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this section. Such conditions may include, but are not limited to, the following: a. Modification of waste treatment and water supply facilities. b. Limitations on period of use, occupancy, and operation. c. Imposition of operational controls, sureties, and deed restrictions. d. Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. e. Floodproofing measures, in accordance with the State Building Code and this section. The applicant must submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. 4. Submittal of hearing notices to the Department of Natural Resources (DNR). The Zoning Administrator must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR a rea hydrologist. 5. Submittal of final decisions to the DNR. A copy of all decisions granting conditional uses must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respecti ve DNR area hydrologist. (11) (a) Nonconformities. (b) Continuance of nonconformities. A use, structure, or occupancy of land which was lawful before the passage or amendment of this section but which is not in conformity with the provisions of this section may be continued subject to the following conditions. Historic structures, as defined in division (B)(2)(i) of this section, are subject to the provisions of divisions (B)(11)(b)1. through 6. of this section. 1. A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in division (B)(11)(b)2. below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited. 2. Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP -1 thru FP-4 floodproofing classifications) allowable in the State Building Code, except as further restricted in divisi ons (B)(11)(b)3. and 7. below. 3. If the cost of all previous and proposed alterations and additions exceeds 50% of the market value of any nonconforming structure, then the entire structure must meet the standards of division (B)(4) or (5) o f this section for new structures depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. 173 Item 2. City of Columbia Heights – Ordinance 1711 Page 150 The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. 4. If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this section. The Assessor must notify the Zoning Administrator in writing of instances of nonconformities that have been discontinued for a period of more than one year. 5. If any nonconformity is substantially damaged, as defined in division (B)(2)(i) of this section, it may not be reconstructed except in conformity with the provisions of this ordinance. The applicable provisions for establishing new uses or new structures in divisions (B)(4) or (5) will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively. 6. If any nonconforming use or structure experiences a repetitive loss, as defined in division (B)(2)(i) of this section, it must not be reconstructed except in conformity with the provisions of this section. 7. Any substantial improvement, as defined in division (B)(2)(i) of this section, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of division (B)(4) or (5) of this section for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District. (12) Penalties and enforcement. (a) Violation constitutes a misdemeanor. Violation of the provisions of this section or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) constitute a misdemeanor and will be punishable as defined by law. (b) Other lawful action. Nothing in this section restricts the city from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that la pses will constitute an additional violation of this section and will be prosecuted accordingly. (c) Enforcement. In responding to a suspected ordinance violation, the Zoning Administrator and City Council may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The city must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. 1. When a violation is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as it is reasonably possible, this information will be submitted to the appropriate State Department of Natural Resources and Federal Emergency Management Agency regional office along with the city's plan of action to correct the violation to the degree possible. 2. The Zoning Administrator shall notify the suspected party of the requirements of this chapter and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the city. If the construction or development is already completed, the Zoning Administrator may either: a. Issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls; or b. Notify the responsible party to apply for an after th e fact permit/development approval within a specified period of time not to exceed 30 days. (13) Amendments. (a) Floodplain designation - restrictions on removal. The floodplain designation on the Official Zoning Map must not be removed from floodplain areas unless it can be shown that the designation is in error or that the area 174 Item 2. City of Columbia Heights – Ordinance 1711 Page 151 has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of the Department of Natural Resources (DNR) if the Commissioner determines that, through other measures, lands are adequately protected for the intended use. (b) Amendments require DNR approval. All amendments to this section must be submitted to and approved by the Commissioner of the Department of Natural Resources (DNR) prior to adoption. The Commissioner must approve the amendment prior to community approval. (c) Map revisions require ordinance amendments. The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in division (B)(2)(c) of this section. (C) Shoreland Management Overlay District. (1) Purpose. (a) The unregulated use of shorelands in the city affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise use and development of shorelands of public waters. (b) Statutory authorization. These shoreland regulations are adopted pursuant to the authorization and policies contained in M.S. Chapter 103F, Minnesota Regulations, Parts 6120.2500 through 6120.3900, and the planning and zoning enabling legislation in M.S. Chapter 462. (c) Jurisdiction. The provisions of this division shall apply to shorelan ds of the public water bodies as classified in subdivision (4)(b) of this division. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this code. (d) Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the grading and filling of any shoreland area; and the cutting of shoreland vegetation shall be in full compliance with the terms of this code and other applicable regulations. (e) District application. The Shoreland Overlay District shall be superimposed (overlaid) upon all the zoning districts as identified in Chapter 9 of this code as existing or amended by the text and map of this code. The regulations and requirements imposed by the Shoreland Overlay District shall be in addition to those established by the base zoning district, which jointly apply. Under joint application of the districts, the more restrictive requirements shall apply. (f) Exemptions. 1. A structure or use which was lawful before adoption of this article, but which is not in conformity with the provisions of the Shoreland Overlay District, may be continued subject to § 9.105 of this code. 2. A property located within the Shoreland Overlay District that does not drain into a body of water list ed in subdivision (4)(b) of this division. (2) District boundaries. The boundaries of the Shoreland Overlay District within the city consist of the first tier of riparian lots abutting a protected lake or tributary identified in subdivision (4)(b) of this division. The specific boundaries of the Shoreland Overlay District are shown on the official Shoreland Overlay District Map in the Zoning Code. (3) Definitions. For the purpose of this division, certain terms and words are hereby defined: Words use in the present tense shall include the future; words in the singular include the plural, and the plural the singular; the word BUILDING shall include the word STRUCTURE; and the word LOT shall include the word PLOT; and the word SHALL is mandatory and not directory; and the word INCLUDING shall mean "including, but not limited to". For the purpose of this district, the following definitions shall apply: ACCESSORY BUILDING. A subordinate building or use, which is located on the same, lot as the principal building or use and is necessary or incidental to the conduct of the principal building or use. 175 Item 2. City of Columbia Heights – Ordinance 1711 Page 152 COMMISSION. The City of Columbia Heights Planning Commission. COMMISSIONER. The Commissioner of the Department of Natural Resources of the State of Minnesota. COUNCIL. The Columbia Heights City Council. DEVELOPMENT. The making of any material change in the use or appearance of any structure of land including reconstruction; alteration of the size of any structu re; alteration of the land; alteration of a shore or bank of a river, stream, lake or pond; a commencement of drilling (except to obtain soil samples); mining or excavation; demolition of a structure; clearing of land as an adjunct to construction; deposit of refuse, solid or liquid waste, or fill on a parcel of land; the dividing of land into two or more parcels. IMPERVIOUS SURFACE. A constructed hard surface that either prevents or retards the entry of water into the soil, and causes water to run off the surface in greater quantities and at an increase rate of flow than existed prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt roads and gravel areas. LOT COVERAGE. The amount of impervious surface on a lot. ORDINARY HIGH WATER LEVEL. M.S. § 103G.005, subd. 14 defines ordinary high water level as the boundary of waterbasins, watercourses, public waters, and public waters wetlands and: 1. The ordinary high water level is an elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominately aquatic to predominately terrestrial; 2. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel; and 3. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. SHORELAND. Land located within the following distances from the ordinary high water elevation of public waters: 1. Land within 1,000 feet from the normal high watermark of a lake, pond, or flowage; and 2. Land within 300 feet if a river or stream or the landward side of a floodplain delineated by ordinance on the river or stream, whichever is greater. SHORE IMPACT ZONE. The area between the ordinary high water mark and 50 feet inland from the ordinary high water mark. STRUCTURE. Anything constructed or erected which requires location on or underground or attachment to something having location on or underground. This includes an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, whether of a temporary or permanent character. (4) Shoreland classification system. (a) Public waters. The public waters of the city have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the DNR Protected Waters Inventory Map for Anoka County, Minnesota. (b) Official Map. The shoreland permit district for the waterbodies listed belo w shall be shown on the Columbia Heights Map. Recreational Development Lakes Protected Waters Inventory ID. # Silver Lake 83P General Development Lakes Protected Waters Inventory I.D. # Sullivan Lake 80P 176 Item 2. City of Columbia Heights – Ordinance 1711 Page 153 Highland Lake 79P Hart Lake 81P Clover Pond 686W LaBelle Pond 687P (5) Administration. (a) Building permit required. A permit is required for the construction of buildings or building additions (and including such related activities as construction of decks and signs), and those grading and filling activities not exempted by this code that occur within the shoreland district. Application for a building permit shall be filed with the Zoning Administrator or any staff persons designated by the City Manager on an official appli cation form of the city, accompanied by a fee as set forth in Chapter 6, Article II of the city code. Where required by law, the building permit application shall be forwarded to the applicable watershed district for review and comment. The application shall include the necessary information so that the Zoning Administrator can determine the site's suitability for the intended use. (b) Variance. Variances may only be granted in accordance with § 9.104(G) of this code. A variance may not circumvent the general purposes and intent of this code. No variance may be granted that would allow any use that is prohibited in the underlying zoning district in which the subject property is located. (c) Conditional use permit. Conditional use permits may only be granted in accordance with § 9.014(H) of this code. Conditional use permits are required to ensure specific development stand ards within the Shoreland Overlay Districts. (d) Notifications to the Department of Natural Resources. 1. Public hearings. Copies of all notices of any public hearings to consider variances, amendments, conditional uses, or special uses under local shoreland management controls must be sent to the Commissioner or the Commissioner's designated representative and postmarked at least ten days prior to the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat. 2. Approval. A copy of approved amendments and subdivisions/plats, and final decisions granting variances and conditional use permits under local shoreland management controls must be sent by the city to the Commissioner or the Commissioner's designated representative and postmarked within ten days of the final action. (6) Land use district descriptions. Allowed land uses within the Shoreland District shall be determined by the underlying zoning district, as listed within Chapter 9 of the city code. (7) Lot area and width standards. Lot area and width standards for residential development shall be regulated per the underlying zoning district in Chapter 9 of the city code. (8) Placement, design, and height of structures. (a) Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone. Structures shall be located as follows: 1. Required setbacks. All required rear yard, side yard and front yard setbacks shall be met per the underlying zoning district. 2. Ordinary high water level setback. Structure setbacks (in feet) from the ordinary high water level are: Classes of Public Waters Structure Setbacks General Development Lake 50 feet 177 Item 2. City of Columbia Heights – Ordinance 1711 Page 154 Recreational Development Lake 75 feet 3. Height of structures. Maximum allowable height for all structures shall be regulated per underlying zoning districts in Chapter 9 of the city code. (b) Shoreland alterations. Alterations of vegetation and topography will be regulated to prev ent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. 1. Vegetation alteration. Removal or alteration of vegetation is allowed subject to the following standards: a. Intensive vegetation clearing within the shore impact zones and on steep slopes is not allowed. b. In shore impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities provided that: (i) The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. (ii) The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards and the removal of plants deemed noxious under the Minnesota Noxious Weed Law. 2. Building permit. Grading and filling and excavations necessary for the construction of structures and driveways under validly issued building permits for these facilities do not require the issuance of a separate shoreland grading and filling permit. 3. Conditional use permit. Notwithstanding subdivision 2 above, a conditional use permit will be required for those properties located in the Shoreland Overlay District for: a. Placement, removal or grading of more than 250 cubic yards of earthen material on developed property zoned R-1, R-2A or R-2B. b. Placement, removal or grading of more than 500 cubic yards of earthen material on undeveloped property zoned R-1, R-2A or R-2B. c. Placement, removal or grading of more than 750 cubic yards of earthen material on property zoned R-3, R-4 or LB. d. Placement, removal or grading of more than 1,000 cubic yards of earthen material on property zoned GB, CBD, I-1, I-2, MXD, or PO. 4. Land alteration permit. Notwithstanding subdivision 2 above, a land alteration permit will be required for: a. The movement of more than ten cubic yards of material on steep slopes or within shore impact zones. b. The movement of more than 50 cubic yards of material outside of steep slopes and shore impact zones. 5. Conditions. The following considerations and conditions must be adhered to during the issuance of building permits, land alteration permits, variances, conditional use permits, and subdivision approvals: a. Grading or filling in any type 2-8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland (This evaluation shall also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers): (i) Sediment and pollutant trapping and retention. (ii) Storage of surface runoff to prevent or reduce flood damage. (iii) Fish and wildlife habitat. (iv) Recreational use. 178 Item 2. City of Columbia Heights – Ordinance 1711 Page 155 (v) Shoreline or bank stabilization. (vi) Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others. b. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible. c. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible. d. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used. e. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service. f. Fill or excavated material must not be placed in a manner that creates an unstable slope. g. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must create finished slopes of less than 3:1 slope. h. Any alterations below the ordinary high water level of public waters must first be authorized by the Commissioner under M.S. § 103G.245. i. Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties. j. Placement of natural rock rip rap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the rip rap is within ten feet of the ordinary high water level, and the height of the rip rap above the ordinary high water level does not exceed three feet. Must be done in accordance with other state and federal regulations. A permit from the DNR is required. 6. Connections to public waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after written authorization has been obtained from the Minnesota Department of Natural Resources approving the proposed connection to public waters. (c) Stormwater management. The following general and specific standards shall apply: 1. General standards. a. When possible, existing natural drainage-ways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters. b. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. c. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and facilities. 2. Specific standards. a. Impervious surface lot coverage shall not exceed 35% of the lot area for all zoning districts with exception of the CBD, Central Business District in which impervious surface lot coverage shall not exceed 90%. These requirements may be amended through the variance process and shall comply with the following standards: (i) All structures, additions or expansions shall meet setback and other requirements of this code. (ii) The lot shall be served with municipal sewer and water. 179 Item 2. City of Columbia Heights – Ordinance 1711 Page 156 (iii) The lot shall provide for the collection and treatment of stormwater in compliance with Chapter 9 of the city code if determined that the site improvements will result in increased runoff directly entering a public water. All development plans shall require review and approval by the City Engineer and t he underlying watershed district. (iv) Measures will be taken for the treatment of stormwater runoff and/or prevention of stormwater from directly entering a public water. The measures may include, but not limited to the following: A. Appurtenances as sedimentation basins, debris basins, desilting basins, or silt traps. B. Installation of debris guards and microsilt basins on store sewer inlets. C. Use where practical, oil skimming devices or sump catch basins. D. Direct drainage away from the lake and into pervious, grassed yards through site grading, use of gutters and down spouts. E. Construction of sidewalks of partially pervious raised materials such as decking, which has natural earth or other pervious material beneath or between the planking. F. Use grading and construction techniques that encourage rapid infiltration, such as sand and gravel under impervious materials with adjacent infiltration swales graded to lead into them. G. Install berms, water bars, or terraces, which temporarily detain water before dispersing it into the pervious area. b. When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that the constructed facilities are designed and installed consistent with the field office technical guide for the local soil and water conservat ion districts. c. Newly constructed stormwater outfall to public waters must provide for filtering or settling or suspended solids and skimming or surface debris before discharge. 3. Nonconformities. All legally established nonconformities as of the date of this section may continue, but they will be managed according to § 9.105 of this code with the following exceptions: a. Decks are allowed as a conforming use provided all of the following criteria and standards are met: (i) The principal structure existed on the date the structure setbacks were established. (ii) No other reasonable location for the deck exists. (iii) The deck encroachment toward the ordinary high water level maintains a minimum setback in accordance with applicable code sections and a maximum encroachment of ten feet i nto the Shore Impact Zone. (9) Public nuisance: penalty. (a) Any person who violates any provisions of this district or fails to comply with any of its terms or requirements shall be guilty of a misdemeanor, punishable by a fine of not m ore than $500 or imprisoned for not more than 90 days, or both, and in addition shall pay all costs of prosecution and expenses involved in the case. Each day the violation continues shall be considered a separate offence. (b) Every obstruction or use placed or maintained in the Shoreland Overlay District in violation of this division is hereby declared to be a public nuisance and creation thereof may be enjoined and the maintenance thereof abated by appointed judicial action. (c) Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent, remedy or remove any violation. (D) Design Overlay District. (1) Purpose. The Design Overlay Districts are established to increase the visual appeal and pedestrian orientation of certain major street corridors within the city, thereby increasing the economic vitality of these corridors, and to support the goals of the comprehensive plan , Energy Action Plan, Safe Streets for All, and the City’s Complete Streets Policy. (2) Establishment. The following Design Overlay Districts are established. 180 Item 2. City of Columbia Heights – Ordinance 1711 Page 157 (a) Central Avenue Design District. The Central Business District, extending from 37th to 42nd Avenues, includes a number of historic or architecturally interesting buildings, including the Heights Theatre. Most office and storefront buildings meet the sidewalk, while shopping centers and franchise buildings are set back behind parking lots. Architectural styles are diverse, from historic commercial or Mediterranean Revival (the theater) to 20th century modern. Several off-street ramps help to reduce the need for surface parking. Recent streetscape improvements and developments of the Public Safety building as well as the mixed -use City Hall redevelopment project have enhanced the pedestrian character of this district. This district contains numerous neighborhood oriented multi-tenant shopping centers including restaurants, personal and professional services, retail, and multi - family developments. Redevelopment of the City’s Public Safety and City Hall has contributed to the character of this district. (b) 40th Avenue Design District. Fortieth Avenue has its own character, combining housing with institutions such as City Hall John P. Murzyn Hall, smaller commercial businesses including restaurants, multi -tenant buildings with professional and personal services, as well as housing and pl aces of worship. Commercial buildings tend to be single-story, set back 5 to 10 feet from the sidewalk, and have extremely limited parking options that causes some properties to have legal nonconforming status. Housing is predominantly single -family, although additional townhouse and multifamily development is envisioned in the Downtown Master Plan (2000). Future redevelopment and reconfiguration of 40th should take into consideration of the parking needs of the existing businesses and seek opportunities to enhance street parking. (c) Highway Design District. The Highway District extends along Central Avenue from 42nd Avenue north to the City boundary. This segment has a distinctly different character than the CBD: most buildings are set far ba ck from the street behind large parking lots or along frontage roads. Central Avenue is a six -lane highway through most of this area, and the road width and traffic speeds combine to make the area less pedestrian -friendly. The Highway District has issues related to stormwater quality and quantity that are apparent when there is significant or torrential rainfalls. With these conditions in mind for future redevelopment and reconfiguration of Central Avenue, Complete Streets elements shall be implemented when these are feasible and there are identified conflict points, stormwater issues, areas that are “under-lit”, barriers to pedestrian/bicyclist movements, or referenced in guiding documents such as Complete Streets, ADA Transition Plan, and Safe Streets for All. (3) Design guidelines. The city design guidelines shall apply to development within the design districts. The city design guidelines are hereby incorporated into this section by reference in order to: (a) Guide developers or business owners wishing to propose expansions, renovations or new construction of buildings or parking within the design districts; and (b) Assist city officials and staff in reviewing development proposals. (c) Support the implementation of city-wide guiding documents and standards. (4) Applicability of design guidelines. (a) Design guidelines shall apply to all nonresidential, mixed-use and/or multi-family buildings, and to the following activities: 1. New construction; 2. Any exterior changes, including repainting, with the exception of replacement or repair of existing materials; 3. Any internal remodeling or expansion activity that increases the overall size of the building by 10% or more; 4. Any development or expansion of parking areas that would result in a lot with more than four parking spaces; and 5. Minor alterations such as repainting, and the installation of new signage on existing buildings may be handled administratively, as determined by the City Planner. 181 Item 2. City of Columbia Heights – Ordinance 1711 Page 158 (b) The guidelines are intended to be mandatory. It is assumed that the intent of the guidelines shall be met; however, it is understood that there may be ways to achieve the same design objective. The city may permit alternative approaches that in its determination, meet the objective(s) of the guideline(s) equally well. (c) The guidelines shall apply only to the building or site elements being developed or altered. That is, a proposal for changes to a building would be required to meet only those standards that pertain to buildings, while changes to a parking area would be required to meet all standards for parking areas, but not for buildings. The City Planner will make the initial determination as to which standards are applicable. (d) Design review shall be conducted as part of the site plan review process, as specified in § 9.104. Section 10 The following language for Public and Open Space Districts is added and amended as provided in Section 9.115 of the City Code of 2005, is hereby established to read as follows: (A) Purpose. The "P" Public and Open Space District is intended to provide a district which will allow areas of the city to be retained and utilized for, non -local jurisdiction public uses, open space, and provide a "holding" zone for future development to ensure that development will be staged to maintain reasonable economy in public expenditures for public utilities and services. Permitted, conditional, and accessory uses can be found in City Code 9.106 General Development Standards (S) Table of Uses. (B) General provisions. (1) Compliance with applicable regulations. Any use established in a public district after the effective date of this article shall comply with all applicable local, state and federal standards for such uses. (2) Administration. The administration and enforcement of this article shall be in accordance with the provisions of § 9.104, Administration and Enforcement. (3) Nonconformities. Nonconforming uses, structures, lots and signs within a public district shall be subject to the provisions of § 9.105, Nonconformities. (4) Compliance with general development standards. Any use established, expanded or modified in a public district after the effective date of this article shall comply with the applicable provisions of § 9.106, General Provisions, including the Table of Uses defining the allowed uses in the Public and Open Space district. (5) Compliance with specific development standards. Any use established, expanded or modified in a public district after the effective date of this article that is identified in § 9.107, Specific Development Standards, shall comply with the applicable provisions of that article. (C) Lot dimension, height, and bulk requirements. Lot area, setback, height and lot coverage requirements for uses in the public district shall be as specified in the following table: Public and Open Space Minimum Lot Area All uses None Minimum Lot Width All uses None Building Setbacks Front yard 25 feet Side yard 5 feet Corner side yard 10 feet Rear yard 20% of lot depth 182 Item 2. City of Columbia Heights – Ordinance 1711 Page 159 Parking Setbacks Front yard 5 feet Side yard 3 feet Corner side yard 3 feet Rear yard 3 feet Maximum Height All structures None Floor Area Ratio 1.0 Section 11 This Ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: February 10, 2025 Offered by: Deneen Seconded by: Buesgens Roll Call: All Ayes Second Reading: February 24, 2025 Offered by: Seconded by: Roll Call: Date of Passage: Amáda Márquez Simula, Mayor Attest: Sara Ion, City Clerk/Council Secretary 183 Item 2. Ordinance No.1711 SUMMARY OF ORDINANCE NO. 1711 BEING AN ORDINANCE AMENDING CHAPTER 9 LAND USE OF THE CITY CODE OF 2005 TO AMEND 9.101 PURPOSE, 9.103 DEFINITIONS, 9.104 ADMINISTRATION AND ENFORCEMENT, 9.106 GENERAL DEVELOPMENT STANDARDS, 9.107 SPECIFIC DEVELOPMENT STANDARDS , 9.109 RESIDENTIAL DISTRICTS, 9.110 COMMERCIAL DISTRICTS, 9.111 INDUSTRIAL DISTRICTS, 9.113 PLANNED UNIT DEVELOPMENT DISTRICTS, 9.114 OVERLAY DISTRICTS, AND 9.115 PUBLIC AND OPEN SPACE DISTRICTS. The City Council for the City of Columbia Heights, Minnesota adopted Ordinance No. 1711 on February 24, 2025. The purpose of this ordinance is to update, upon passage, Chapter 9 of Columbia Heights City Code to include the sections of code above. These updates include changes to 9.101 Purpose to encourage solar and renewable energy development and reflect other city-wide guiding documents. The definitions of accessory structure, structure, and building in 9.103 Definitions to explicitly state that solar equipment and installations are not structures and include definitions for Community-scale solar energy system; Grid-connected solar energy system; Ground-mounted solar energy system (Accessory Use) and (Primary Use); roof-mounted solar energy system; Solar energy system; and Solar photovoltaic system. Changes to 9.106 General Development Standards include allowing solar and renewable energy equipment to exceed the maximum height by up to 50%, subject this equipment to accessory structure setbacks, and exempt from performance standards. Other changes to 9.106 include removing specific sign regulations and relocating these to (8) Sign Design Standards Table containing standards related to types of signage allowed by zoning district, maximum area, height, illumination, setbacks and all other applicable information in a form-based table as well as doing the same for permitted, conditional, and accessory uses in all zoning districts in (S) Table of Uses. Specific Development Standards in 9.107 are included for roof-mounted solar energy systems and ground-mounted solar energy systems. 9.109 Residential Districts, 9.110 Commercial Districts, 9.111 Industrial Districts, and 9.115 Public and Open Space Districts all have had their uses relocated to 9.106 (S) Table of Uses. 9.113 Planned Unit Development amended to include “solar, renewable energy systems, and beneficial electrification” as part of (C) Areas of Flexibility and (D) Review Procedure to include references to guiding documents in PUD consideration. 9.114 Overlay Districts (D) Design Overlay Districts to include descriptions of the Central Avenue, 40th Avenue, and Highway Design Districts. This is a summary of Ordinance No. 1711. A copy of the entire text of the Ordinance is available for public inspection during regular office hours at City Hall, by standard or electronic mail, or at www.columbiaheightsmn.gov Amáda Márquez Simula, Mayor Attest: Sara Ion, City Clerk/Council Secretary 184 Item 2. ITEM: Resolution 2025-25 to Amend the 411 Budget for City Hall Betterments DEPARTMENT: Information Technology BY/DATE: Jesse Hauf, IT Director / Feb, 18, 2025 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 Following the completion of City Hall construction in 2023, staff has identified several facility betterments based on operational experience over the past two years. These improvements address functionality, security, and workspace enhancements that were either planned but delayed or newly recognized as necessary. The betterments include:  Exterior signage on Central Ave, originally planned but installed in 2025.  Window shades in public hallway to reduce glare for staff.  Additional office furniture to accommodate growth in the IT, Community Development, and Administration departments.  Security cameras for the staff parking area and the newly paved East Lot.  Shelving in the mechanical room for safe and organized storage. Funding for these improvements will come from Fund 411, which has sufficient resources to support the expenditures. SUMMARY OF CURRENT STATUS Summary of the betterment costs:  Albrecht Sign Company in the amount of $6,040.00 (planned as part of the original project but completed in 2025) “City of Columbia Heights” lighted signage on Central Ave  CE Contract in the amount of $1,889.00 Roller Shades for the public hallway  Fluid Interiors in the amount of $9,053.91 IT, Community Development and Administration office furniture CITY COUNCIL MEETING AGENDA SECTION CONSENT AGENDA MEETING DATE 02/24/2025 185 Item 3. City of Columbia Heights - Council Letter Page 2  Marco in the amount of $7,933.18 (includes an additional 15% on hardware for tariffs) Camera hardware for employee parking garage and East parking lot  Aid Electric in the amount of $4,915.00 Camera cabling and installation for employee parking garage and East parking lot  Uline in the amount of $4,768.22 Metal shelving for Mechanical Room Total amount of betterments: $34,599.31 STAFF RECOMMENDATION Staff recommends amending the 2025 capital budget per the attached resolution approving the purchase of the listed betterments. RECOMMENDED MOTION(S): MOTION: Move to waive the reading of Resolution 2025-25, there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2025-25 amending the Fund 411 budget to authorize the betterments from the listed vendors. ATTACHMENT(S): Resolution No. 2025-25 20231107_AlbrechtSign_Signage 20241024_AidElectric_CameraInstall 20241031_Marco_CameraHardware 20250110_CEContract_Shades 20250127_FluidInteriors_Furniture 20250218_Uline_MetalShelving 186 Item 3. RESOLUTION NO. 2025-25 AMEND THE FUND 411 CAPITAL BUDGET TO APPROPRIATE FUNDS FOR CITY HALL BETTERMENTS WHEREAS, the City staff has identified the need for various betterments at City Hall to include: exterior signage, window shades, additional office furniture, security cameras and organizational shelving. WHEREAS, the estimated cost to complete these betterments is $35,599.31. The City Council of the City of Columbia Heights has determined that completing these improvements is beneficial to City operations and staff efficiency as currently estimated; NOW, THEREFORE, BE IT RESOLVED that the City of Columbia Heights’ budget is hereby amended to appropriate $35,599.31 from Fund 411 for exterior signage, window shades, additional office furniture, security cameras and organizational shelving through identified vendors. Passed this _________ day of ______________________, 202 5 Offered by: Seconded by: Roll Call: Mayor Amáda Márquez Simula Attest: Sara Ion, City Clerk/Council Secretary 187 Item 3. 188 Item 3. To: Jeff Hanson Re: City Hall Camera Cabling Date: October 24, 2024 Scope:  Install five (5) new Cat6 Plenum cable runs, free-air with appropriate support, to MDF and terminate on existing patch panel.  Install PoE Ethernet extenders supplied by customer.  Terminate cables at camera location and test cable for continuity and pinout.  Install (5) customer-provided cameras in final locations and test with staff for image quality and position.  Firestop as needed.  Lift for installation to be supplied by customer. Project Total: $4,915.00 Approved ___________________________________________________________ Thank you, Jason Manternach Low Voltage Systems 189 Item 3. Curtis Thompson Prepared By: Technology Advisor 651-288-6944 curt.thompson@marconet.com Quote Number: 186952 PROPOSAL FOR CITY OF COLUMBIA HEIGHTS JEFFREY HANSON October 31, 2024 190 Item 3. SCHEDULE A - SCHEDULE OF PRODUCTS TO PRODUCT AGREEMENT(S) IT - (5) New Cameras -- CITY OF COLUMBIA HEIGHTS Prepared by:Prepared for:Ship To:Quote Information: Marco - Twin Cities CITY OF COLUMBIA HEIGHTS CITY OF COLUMBIA HEIGHTS Quote #: 186952 Curt Thompson 651-288-6944 curt.thompson@marconet.com 590 40TH AVE NE COLUMBIA HEIGHTS, MN 55421 JEFFREY HANSON 763.706.3636 jhanson@columbiaheightsmn. gov 3989 CENTRAL AVE NE COLUMBIA HEIGHTS, MN 55421-3900 JEFFREY HANSON 763.706.3636 jhanson@columbiaheightsmn. gov Version: 3 Date Issued: 10/31/2024 Expiration Date: 11/29/2024 Products Description One-Time Qty Ext. One-Time Cameras March Networks - Oncam C-12 - Indoor, Surface Mount, White 12MP $955.08 2 $1,910.16 March Networks - Oncam C-12 - Outdoor, Surface Mount, White, 12MP $1,059.54 1 $1,059.54 March Networks - ME8 Outdoor Durabullet AI $861.93 2 $1,723.86 Mounting Hardware March Networks - Wall Back Box for ME6/VA4 Bullet Camera - Mounts to any flat surface and provides a sealed junction for cables and connectors. $78.71 2 $157.42 March Networks - Oncam C-12 Indoor Pendant Mount – White $54.71 2 $109.42 March Networks - Oncam C-12 Outdoor Pendant Kit - White $114.41 1 $114.41 March Networks - Oncam C-12 Outdoor Corner Mount - White $114.41 1 $114.41 March Networks - Oncam C-12 Accessory, Heater Module $54.71 1 $54.71 Axis - Long Range PoE Extender Kit - Network (RJ-45) - 3280.84 ft Extended Range - Aluminum $520.72 2 $1,041.44 Subtotal:$6,285.37 2 191 Item 3. SCHEDULE A - SCHEDULE OF PRODUCTS TO PRODUCT AGREEMENT(S) Professional Services Labor Description One-Time Qty Ext. One-Time Marco Professional Services - Fixed Fee - Installation - Progress Billed Monthly $705.00 1 $705.00 Subtotal:$705.00 Professional Services Engagement Agreement ABOUT THIS PROFESSIONAL SERVICES ENGAGEMENT In addition to the Professional Service Engagement Agreement located at www.marconet.com/legal/business-it-product- agreements/professional-service-engagement-agreement, the following applies to this Professional Service Engagement: ENGAGEMENT OVERVIEW - DESIRED GOALS AND OUTCOMES - CURRENT SITUATION City of Columbia Heights would like to add new cameras to a parking structure and add to their current video surveillance system at City Hall. ENGINEERING - DESCRIPTION OF SERVICES AND DELIVERABLES Client currently has the following solution: * March Networks Video Surveillance Marco to program and document the following hardware inhouse: * Cameras (5) - Once cameras programmed, ship to client for installation by others. 3 192 Item 3. SCHEDULE A - SCHEDULE OF PRODUCTS TO PRODUCT AGREEMENT(S) COORDINATION - DESCRIPTION OF SERVICES AND DELIVERABLES The following tasks and deliverables for our Coordination Team will be considered “in-scope” for the purposes of this engagement: Ordering/tracking of product (if applicable) Technical resource assignment Technical resource scheduling Scheduling of internal kick off & customer kick off meetings Project plan / project task list build Digital project communication / project status updates Facilitation of change orders (if applicable) 4 193 Item 3. SCHEDULE A - SCHEDULE OF PRODUCTS TO PRODUCT AGREEMENT(S) Project closure CLIENT RESPONSIBILITIES Client to provide following IP information to the Project Manager prior to installation: * (5) Ports and IP addresses on the video/camera VLAN Client is responsible to provided all structured network cabling to final hardware locations to include 15ft service loops and terminated using industry standards. Client is responsible to provide all required patch cables and patch associated cabling into network switches as applicable. Client is responsible to install all Marco provided hardware. * Any technical assistance by Marco during the installation phase by the client will be billed at a Time and Material basis at Marco’s standard rates. Client is responsible to provide all local permits, fees and inspections as required. SERVICES ASSUMPTIONS, EXCLUSIONS, AND NOTES It is assumed that all required, and agreed upon, network programming is completed by the customer prior to onsite work by Marco. This is to include any network switch configuration, set up of required VLANs and virtual or physical server set up by the customer. If any of these are not completed prior to installation, this may result in a change order and be billed at Marco’s standard rates. All work to be performed during normal business hours. Monday through Friday, 8am to 5pm. Site Address: 3989 Central Ave NE, Columbia Heights, MN 55421 5 194 Item 3. SCHEDULE A - SCHEDULE OF PRODUCTS TO PRODUCT AGREEMENT(S) Quote Summary - One-Time Expenses Description Amount Products $6,285.37 Professional Services Labor $705.00 Total:$6,990.37 Payment Options Description Payments Interval Amount One-Time Payment One-Time Payment 1 One-Time $6,990.37 Summary of Selected Payment Options Description Amount One-Time Payment: One-Time Payment 6 195 Item 3. SCHEDULE A - SCHEDULE OF PRODUCTS TO PRODUCT AGREEMENT(S) Approval Client represents that it has reviewed and agrees to be legally bound by this Schedule of Products. Client represents that it has reviewed and agrees to be legally bound by the Relationship Agreement, any Product Agreement(s) referred to herein, and applicable policy(ies) (“Terms and Conditions”) which are located at www.marconet.com/legal for the Products it is obtaining as identified in this Schedule of Products. If the parties have negotiated changes to the Terms and Conditions that have been reduced to writing and signed by both parties, the modified version(s) of such Terms and Conditions, that have not expired or been terminated, shall replace the online version(s). Client agrees to use electronic signatures, electronic communications, and electronic records to transact business under the above documents. The pricing above does not include taxes. Taxes, fees and surcharges shall be paid by Client and will be shown on invoices to Client. Payments made via credit card are subject to a 3% surcharge. A $30 fee will be assessed for any returned payment Marco Technologies, LLC CITY OF COLUMBIA HEIGHTS Signature: Name: Title: Date: Prepared for:JEFFREY HANSON Signature: Signed by: Title: Date: PO Number: Email Address: 7 196 Item 3. 7174 Shady Oak Road Eden Prairie, MN 55344 T: 952.693.5100 Submitted to: City of Columbia Heights Date: 1/10/2025 Project: Columbia Heights City Hall Added Shades CE Project #: 2259168 We propose to furnish all materials and complete work necessary for: (3) SWF Manual Roller Shades with Fascia, matching existing manual roller shades Furnish & Install:1,889.00$ Pricing is contingent upon and includes: Labor: Non-Union Payments: TBD Submitted for above work and completed in a substantial workmanlike manner for the sums above. All agreements are contingent upon strikes, accidents, or delays beyond our control. Workmen’s Compensation and Public Liability Insurance shall be taken out by CE Contract. Owner shall carry fire, tornado and other necessary insurance upon above work. Acceptance of Proposal The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payments will be made as outlined above. ACCEPTED: (Print Name) (Signature) (Date) 197 Item 3. Fluid Interiors 100 North 6th Street Suite 100A Minneapolis, MN 55403 Phone: 612-746-8700 Fax: 612-746-8701 Email/Web: www.fluidinteriors.com Quotation Page: 1 of Project: 37690 37690.002 Status: New Sold To:5201-01 City of Columbia Heights 3989 Central Ave NE Columbia Heights, MN 55421 Attention: Kevin Hansen 5201-01 City of Columbia Heights 3989 Central Ave NE Columbia Heights, MN 55421 Attention: Kevin Hansen 5201-01 City of Columbia Heights 3989 Central Ave NE Columbia Heights, MN 55421 Attention: Kevin Hansen Bill To: Date Entered Customer PO Salesperson FOB Terms 08/19/2024 Jayne Lowenberg D Net 15 Days 1 2 3 4 6 7 01 01 01 01 01 01 TARIFF - COMMENT DISCLAIMER - PRODUCT DESIGN/SPECIFICATION - FLUID SURCHARGE - FLUID NU LABOR - QUOTED VZFF-5060-NNNNNR TARIFFS & RELATED SURCHARGES NOT KNOWN OR INCLUDED AT TIME OF PRICING WILL BE INVOICED SEPARATELY. PLEASE BE AWARE THAT FLUID CANNOT CONTROL MANUFACTURERS ABILITY TO FULFILL ORDERS PER ORIGINAL LEAD TIMES DESIGN/SPECIFICATION - FLUID FLUID LOGISTICS MANAGEMENT NU Labor - Quoted COMPOSE, FRM,50HX60W,BS NOPWR,NO BSTRM/NO BSTRM,NO BLT PWR,STD 0 0 1 1 1 1 0.00 0.00 230.00 67.55 2,002.00 229.79 0.00 0.00 230.00 67.55 2,002.00 229.79 PRODUCTION CAPABILITIES. PLEASE REFER TO THE DELIVERY SECTION OF THE TERMS AND CONDITIONS FOR DISCLAIMERS. Fluid Design Specification and Design Services Labor to receive, deliver, & install furniture during normal hours. Assumes space is free and clear. Single trip. No stair carry. SCOPE: - IT/Work Room - New L-shaped HAT w/ desk mounted tool rail/accessories - New storage tower - New mobile ped - New Haworth Compose 50Hx60W wall mounted panel - Office 158 - New 24x72 surface w/ metal supports and u-channel support Office 169 - New 42W modesty panel to be attached to existing HAT DISCLAIMER DESIGN LOGISTICS LABOR 0.00 230.00 67.55 2,002.00 Ship To: Quote: City of CH - 2024 Furniture AdProj Desc: ds Line Loc Item Number Description Order Qty Unit Price Extended DISCLAIMER DESIGN LOGISTICS LABOR 141 IT/IS WORK DISCLAIMER DISCLAIMER DESIGN LOGISTICS LABOR Email: 763 706-3705 KHansen@columbiaheightsmn.g ov Phone: 9 198 Item 3. Fluid Interiors 100 North 6th Street Suite 100A Minneapolis, MN 55403 Phone: 612-746-8700 Fax: 612-746-8701 Email/Web: www.fluidinteriors.com Quotation Page: 2 of Project: 37690 37690.002 Status: New Sold To:5201-01 City of Columbia Heights 3989 Central Ave NE Columbia Heights, MN 55421 Attention: Kevin Hansen 5201-01 City of Columbia Heights 3989 Central Ave NE Columbia Heights, MN 55421 Attention: Kevin Hansen 5201-01 City of Columbia Heights 3989 Central Ave NE Columbia Heights, MN 55421 Attention: Kevin Hansen Bill To: Date Entered Customer PO Salesperson FOB Terms 08/19/2024 Jayne Lowenberg D Net 15 Days 8 9 10 11 12 13 14 16 01 01 01 01 01 01 01 01 VZTI-4860-FNC VZCC-0060-HS VZCE-5000-H VZCW-0000-P BTRCJ-4924-TTNBP8YR BPMA-2415-TTBNCP8YR BAUP-2415-F TS00-4KQG COMPOSE,SINGLE TILE,48IN.HX60IN.W,FABRIC/TACKABLE,STD CORE,NO TECH COMPOSE,TOP TRIM 60IN.W,STL, PNL FRAME COMPOSE,PANEL TRIM,END-OF-RUN 50IN.H, STEEL COMPOSE,WALL MOUNT,FITS ALL HEIGHTS BE_HOLD,PST,RHVLT,BKCSRH,F/F,49HX24D,TFL CSE,TFL FRNT,NOMRKBD,BLK MTFL,PRDBCK,LIN,LK,REG CLSE BE_HOLD,PED,MOB,B/F,24DX15W,TFL CSE,TFL FRNT,BLK MTRFOLD,NO HND,CUSH TOP,PRD BK,LIN,LK,REG CLSE BE_HOLD,ACC,CUSH,PED,24DX15W,FAB PLANES,TABLE,CR90X,LAM,62"X24"D & 78"X30"D,EB3,STD,CO:NONE,HAT,C- LEG,EADJSP,29"D,RH 2 1 1 1 1 1 1 1 173.65 36.76 29.69 39.36 1,233.48 519.58 109.22 3,243.42 347.30 36.76 29.69 39.36 1,233.48 519.58 109.22 3,243.42 141 IT/IS WORK 141 IT/IS WORK 141 IT/IS WORK 141 IT/IS WORK 141 IT/IS WORK 141 IT/IS WORK 141 IT/IS WORK 141 IT/IS WORK 141 IT/IS WORK Options: Options: Options: Options: Options: Options: Options: Options: ,TR-K-CHARCOAL GRD A (32_PECA_RR)-{RAILROAD} PECA GRD B ,RR-289-SMIDGE (RR) GRD B ,TR-K-CHARCOAL GRD A ,TR-K-CHARCOAL GRD A ,G-KM-LANDMARK WOOD GRD B ,HP-KM-LANDMARK WOOD GRD A ,G-KM-LANDMARK WOOD GRD B ,HP-KM-LANDMARK WOOD GRD A ,LR-BP-CHROME GRD A ,G-KM-LANDMARK WOOD GRD B ,HP-KM-LANDMARK WOOD GRD A ,G-KM-LANDMARK WOOD GRD B ,HP-KM-LANDMARK WOOD GRD A ,LR-BP-CHROME GRD A (4H)-BLANKET GRD A ,4H-FW-FIREWHEEL GRD A ,H-WL-LINEN GRD A Ship To: Quote: City of CH - 2024 Furniture AdProj Desc: ds Line Loc Item Number Description Order Qty Unit Price Extended 141 IT/IS WORK 141 IT/IS WORK 141 IT/IS WORK 141 IT/IS WORK 141 IT/IS WORK 141 IT/IS WORK 141 IT/IS WORK 141 IT/IS WORK 141 IT/IS WORK Email: 763 706-3705 KHansen@columbiaheightsmn.g ov Phone: 9 199 Item 3. Fluid Interiors 100 North 6th Street Suite 100A Minneapolis, MN 55403 Phone: 612-746-8700 Fax: 612-746-8701 Email/Web: www.fluidinteriors.com Quotation Page: 3 of Project: 37690 37690.002 Status: New Sold To:5201-01 City of Columbia Heights 3989 Central Ave NE Columbia Heights, MN 55421 Attention: Kevin Hansen 5201-01 City of Columbia Heights 3989 Central Ave NE Columbia Heights, MN 55421 Attention: Kevin Hansen 5201-01 City of Columbia Heights 3989 Central Ave NE Columbia Heights, MN 55421 Attention: Kevin Hansen Bill To: Date Entered Customer PO Salesperson FOB Terms 08/19/2024 Jayne Lowenberg D Net 15 Days 17 18 19 20 21 22 23 01 01 01 01 01 01 01 KUTS-1224-ESNN KUHS-0000-H KUTC-0000-H WURA-2472-LJSA ZZFD-2400-PNFF WUAR-4800-PHS ULXS-1342 BELONG ACCESS, TERRITORY SCREEN, END OF RUN, 12IN.H X 24IN.W, SLOTTED, NH, WITHOUT ACCESS BELONG,ACCESS,HANGING SORTER BELONG,ACCES,TOOL CUP WORKSURFACE, RECT,24DX72W,LAM,EDGEBAND,STD CORE,NOTCHED COMPOSE WORKSURFACE DBL SUPPORT LEG,STEEL,24IN.D WORKSURFACE REINFORCEMENT BAR, 48IN W, PLANES, SVC MASTERS SERIES,MODESTY PANEL,LAM,13"HX42"W 1 1 1 1 2 1 1 120.76 47.71 17.53 235.19 174.22 52.12 144.01 120.76 47.71 17.53 235.19 348.44 52.12 144.01 141 IT/IS WORK 141 IT/IS WORK 141 IT/IS WORK 158 OFFICE 158 OFFICE 158 OFFICE 169 OFFICE Options: Options: Options: Options: Options: Options: ,HP-WL-LINEN GRD A ,TR-K-CHARCOAL GRD A ,TR-K-CHARCOAL GRD A ,TR-FM-SNOW GRD A ,TR-FM-SNOW GRD A ,H-WL-LINEN GRD A ,HP-WL-LINEN GRD A ,TR-K-CHARCOAL GRD A ,H-KL-NEO WALNUT GRD B ,HP-KL-NEO WALNUT GRD A 141 IT/IS WORK 158 OFFICE 169 OFFICE 5,974.60 635.75 144.01 Ship To: Quote: City of CH - 2024 Furniture AdProj Desc: ds Line Loc Item Number Description Order Qty Unit Price Extended 158 OFFICE 169 OFFICE 141 IT/IS WORK 141 IT/IS WORK 141 IT/IS WORK 158 OFFICE 158 OFFICE 158 OFFICE 169 OFFICE Email: 763 706-3705 KHansen@columbiaheightsmn.g ov Phone: 9 200 Item 3. Fluid Interiors 100 North 6th Street Suite 100A Minneapolis, MN 55403 Phone: 612-746-8700 Fax: 612-746-8701 Email/Web: www.fluidinteriors.com Quotation Page: 4 of Project: 37690 37690.002 Status: New Sold To:5201-01 City of Columbia Heights 3989 Central Ave NE Columbia Heights, MN 55421 Attention: Kevin Hansen 5201-01 City of Columbia Heights 3989 Central Ave NE Columbia Heights, MN 55421 Attention: Kevin Hansen 5201-01 City of Columbia Heights 3989 Central Ave NE Columbia Heights, MN 55421 Attention: Kevin Hansen Bill To: Date Entered Customer PO Salesperson FOB Terms 08/19/2024 Jayne Lowenberg D Net 15 Days TOTAL AMOUNT - USD 9,053.91 Ship To: Quote: City of CH - 2024 Furniture AdProj Desc: ds 0.00Total Tax Project Notes: City of CH - 2024 Furniture Adds Line Loc Item Number Description Order Qty Unit Price Extended Deposit Required : 4,526.96 Subtotal 9,053.91 Email: 763 706-3705 KHansen@columbiaheightsmn.g ov Phone: 9 201 Item 3. Fluid Interiors 100 North 6th Street Suite 100A Minneapolis, MN 55403 Phone: 612-746-8700 Fax: 612-746-8701 Email/Web: www.fluidinteriors.com Quotation Page: 5 of Project: 37690 37690.002 Status: New Sold To:5201-01 City of Columbia Heights 3989 Central Ave NE Columbia Heights, MN 55421 Attention: Kevin Hansen 5201-01 City of Columbia Heights 3989 Central Ave NE Columbia Heights, MN 55421 Attention: Kevin Hansen 5201-01 City of Columbia Heights 3989 Central Ave NE Columbia Heights, MN 55421 Attention: Kevin Hansen Bill To: Date Entered Customer PO Salesperson FOB Terms 08/19/2024 Jayne Lowenberg D Net 15 Days Ship To: Quote: City of CH - 2024 Furniture AdProj Desc: ds Email: 763 706-3705 KHansen@columbiaheightsmn.g ov Phone: 9 202 Item 3. Fluid Interiors 100 North 6th Street Suite 100A Minneapolis, MN 55403 Phone: 612-746-8700 Fax: 612-746-8701 Email/Web: www.fluidinteriors.com Quotation Page: 6 of Project: 37690 37690.002 Status: New Sold To:5201-01 City of Columbia Heights 3989 Central Ave NE Columbia Heights, MN 55421 Attention: Kevin Hansen 5201-01 City of Columbia Heights 3989 Central Ave NE Columbia Heights, MN 55421 Attention: Kevin Hansen 5201-01 City of Columbia Heights 3989 Central Ave NE Columbia Heights, MN 55421 Attention: Kevin Hansen Bill To: Date Entered Customer PO Salesperson FOB Terms 08/19/2024 Jayne Lowenberg D Net 15 Days Ship To: Quote: City of CH - 2024 Furniture AdProj Desc: ds September 03, 2024This Quote will expire on: FLUID INTERIORS, LLC TERMS AND CONDITIONS (GOODS AND SERVICES) These Terms and Conditions ("Terms") are entered into by and between Fluid Interiors, LLC, a Minnesota limited liability company and its division (Christiansons by Fluid), (collectively "Fluid"), and the Buyer named below and are effective as of the Effective Date. APPLICABILITY AND SCOPE. These Terms are the only terms and conditions that govern the sale of products or goods ("Products"), or the provision of design, project management, installation, and related services (collectively, "Services") by Fluid to Buyer. References to the "Agreement" shall mean these Terms and any Proposal or Quote supplied by Fluid and approved by Buyer (an "Order"), and any attachments to the Order. PURCHASE ORDERS. a. Following the parties' execution of the initial Order, the parties may, from time-to-time, execute additional Orders contemplating the provision and receipt of new or expanded Products and Services provided under a prior Order. b. Design services will be included in the Order based on the signed approval drawings. Project management services to coordinate and oversee installations are required and will be included in the Order. Any additional design or project management services beyond those originally quoted in the Order will be billed hourly according to Fluid's standard rate schedule in effect at that time. NOT RETAIL. Products are not stocked by Fluid. Products are specifically ordered for Buyer and are not returnable. It is understood and agreed that the Order is final and binding and cannot be canceled or modified except by mutual written consent of the parties. CHANGES. Fluid's order confirmation is final and binding and any subsequent changes are subject to Fluid's ability to conform and are dependent upon supplier approval. Buyer may request changes or modifications when needed however, these shall be treated as non-binding requests unless and until both Buyer and Fluid have agreed in writing of the changes and any change in costs related to product, shipping, restocking fee or other costs. Fluid will make every effort to accommodate change requests at little to no additional costs. Change in quantity or specification are subject to approval by Fluid and supplier. Any resultant charges from supplier would be paid by the Buyer. All changes in quantity or specification shall be delivered in writing. Fluid will not be held responsible for supplier's failure to accept any changes. Change orders, amendments or modifications will not nullify the agreement between Fluid and Buyer. a. If changes occur on the jobsite or installation site (the "Site") requiring additional work, Fluid will present a written "Field Change Order" specifying the additional Services and corresponding charges for Buyer's approval. PRICING & PAYMENT. a. Prices quoted by Fluid are good for fifteen (15) days from the date of Fluid's quotation. Buyer shall purchase the Products and Services from Fluid at the prices ("Price(s)") set forth in the Order. Unless specifically stated, Prices do not include any sales, use, and excise taxes, and any other applicable taxes, duties, and charges of any kind on any amounts payable by Buyer. Buyer is responsible for all such charges, costs and taxes. Fluid will make commercially reasonable efforts to include applicable manufacturer tariffs and surcharges in the Price. Tariffs and surcharges that are not presented at time of the Order will be invoiced to the Buyer separately. b. For all orders 50% deposit and balance due Net 15 days from date of invoice, which will be issued monthly upon substantial completion of work for services and upon delivery of product from the manufacturer. A monthly service charge of 2 1/2% per month will apply to all delinquent payments and will be added to the balance outstanding. A credit application is required when 50% deposit is made. Should Buyer not want to complete a credit application or if a credit application is denied by Fluid, 100% deposit is due before an order can be placed. Fluid may suspend the delivery, provision or performance of any Products or Services if Buyer fails to pay any amounts when due under the Agreement. DELIVERY TERMS. a. Fluid will inform Buyer of an estimated date of delivery and install for the Products ("Estimated Delivery Date") when Fluid receives an estimated shipping date from its supplier or the product manufacturer. Buyer agrees that the Estimated Delivery Date is an estimate, is not guaranteed, and is subject to change without notice. Lead times vary widely by manufacturer, series, finish, and Buyer's Customer's Own Material ("COM") fabric. Fluid shall not be liable for any delays in delivery, including without limitation due to availability of COM fabrics or any other materials. Fluid will take commercially reasonable steps to facilitate timely delivery or performance. b. Delivery and installation work will be performed by Fluid's staff during normal business hours Monday through Friday, unless otherwise agreed in writing by Fluid. Installations and Services done after normal business hours or on weekends or holidays will be subject to an additional overtime charges and subject to Fluid's written acceptance. c. Unless otherwise agreed in writing by the parties, Fluid shall deliver the Products FCA manufacturer's shipping point using the Product manufacturer's standard methods for packaging and shipping. d. If special packaging or handling is required, it will be an extra charge payable by the Buyer. e. Fluid reserves the right in its sole discretion, without liability or penalty, to progress invoice Orders. Buyer shall pay for the Products shipped whether such shipment is in whole or partial fulfillment of Buyer's Order. f. Safe and adequate storage space for the Products will be provided by the Buyer at its sole cost and expense. If the space provided is inadequate, requires excessive sorting, storage or is inconveniently located or on another floor, Fluid will invoice Buyer for the extra cost of such handling or moving. g. If delivery cannot be made because of building or Site conditions, or other reasons beyond Fluid's control, Products will be placed in storage in Fluid's warehouse or a public warehouse (at Fluid's sole option). Fluid will invoice Buyer for additional charges as applicable for, any storage, labor and delivery charges. Buyer understands, acknowledges, and agrees that Fluid will invoice 100% of the un-invoiced Product as of manufacturer ship date. Storage TERMS AND CONDITIONS Email: 763 706-3705 KHansen@columbiaheightsmn.g ov Phone: 9 203 Item 3. Fluid Interiors 100 North 6th Street Suite 100A Minneapolis, MN 55403 Phone: 612-746-8700 Fax: 612-746-8701 Email/Web: www.fluidinteriors.com Quotation Page: 7 of Project: 37690 37690.002 Status: New Sold To:5201-01 City of Columbia Heights 3989 Central Ave NE Columbia Heights, MN 55421 Attention: Kevin Hansen 5201-01 City of Columbia Heights 3989 Central Ave NE Columbia Heights, MN 55421 Attention: Kevin Hansen 5201-01 City of Columbia Heights 3989 Central Ave NE Columbia Heights, MN 55421 Attention: Kevin Hansen Bill To: Date Entered Customer PO Salesperson FOB Terms 08/19/2024 Jayne Lowenberg D Net 15 Days Ship To: Quote: City of CH - 2024 Furniture AdProj Desc: ds charges will be invoiced for Products held in Fluid's warehouse at the Buyer's request for over thirty (30) days, unless otherwise agreed to in writing by both parties. JOB SITE & INSTALLATION SERVICES. a. The Site must be ready to accept furniture with construction complete (ceiling grid and tile in, wall covering/paint done, carpet and baseboard finished, electrical/data work done, etc.) and the space free of trades (punch list trades only), as well as clean and free of debris. Adequate facilities for off-loading, staging, moving and handling of product shall be provided by Buyer. Sites not ready to accept furniture will be subject to additional fees. The Price is based on a single-phase installation, any additional phasing due to unfinished construction will result in additional fees. Fluid is not responsible to keep furniture installation area free from construction dust. Any cleaning Services provided by Fluid to remove dust and debris created by on-going construction activity, during or after Fluid's installation, will be invoiced to Buyer on a "Time and Materials" basis. b. Electric connections, heat, ventilation, hoisting and elevator service at the Site will be provided by Buyer without charge to Fluid. Carrying or moving Products up or down stairs is NOT included in the Services, unless noted otherwise. c. Fluid's ability to erect or assemble furniture knocked-down or to permanently attach, affix, or bolt in place movable furniture is dependent on requirements based on the location of the Site and Products. INSPECTION AND REJECTION OF DELIVERED PRODUCTS. a. Buyer shall inspect the Products within seven (7) days of delivery of the Products to the Site ("Inspection Period"). Buyer will be deemed to have accepted the Products unless it notifies Fluid in writing of any Nonconforming Products during the Inspection Period and furnishes written evidence or other documentation as required by Fluid. b. "Nonconforming Products" means only the following: (i) Product shipped is different than identified in Buyer's Order; or (ii) Product's label or packaging incorrectly identifies its contents. Nonconforming Products does not include Products that have different variations in wood grain, finish, or dye lot; and Products may not be rejected on this basis. Slight variations in wood product grain or color due to product age or natural differences in graining structure are beyond the control of Fluid. Minor variations between finishes in products provided by single or multiple manufacturers are also considered to be acceptable. Fabrics and painted products are subject to dye lot differences, which can cause minor variations in color. Such slight variations are generally acceptable and are beyond the control of Fluid. c. If Buyer timely notifies Fluid of any Nonconforming Products, Fluid shall, in its sole discretion, work with manufacturer to (i) replace such Nonconforming Products with conforming Products or (ii) provide another acceptable remedy. d. Buyer acknowledges and agrees that the remedies set forth in this section are Buyer's exclusive remedies for the delivery of Nonconforming Products. TITLE, RISK OF LOSS, AND SECURITY INTEREST. The risk of loss passes from the manufacturer to the Buyer upon shipment from manufacturers dock. Fluid does not take ownership of the Product but will work with affected parties should a loss occur in the preceding. As collateral security for the payment of the Price of the Products, Buyer grants to Fluid a lien on and security interest in and to all of the right, title, and interest of Buyer in, to and under the Products, wherever located, and whether now existing or hereafter arising or acquired from time to time, and in all accessions thereto and replacements or modifications thereof, as well as all proceeds (including insurance proceeds) of the foregoing. The security interest granted under this provision constitutes a purchase money security interest under the Minnesota Uniform Commercial Code. Failure to pay for Product may result in Fluid's repossession of the Product. Fluid shall have the right to repossess without court order all delivered Products for which payment in full has not been received. Buyer agrees to pay costs and expenses, including attorneys' fees resulting from actions taken under this section. INSURANCE. During the term of this Agreement, Buyer shall at its own expense, maintain and carry insurance in full force and effect, which shall include, but is not limited to, commercial general liability insurance (including product liability) in a sum no less than $100,000, workers' compensation, and property insurance for the Transit, Site and Storage of the Products, with financially sound and reputable insurers. WARRANTY DISCLAIMER. a. Fluid provides punch documentation to the Buyer during installation and no less frequent than at the end of the job. Punch consists of Fluid personnel inspecting all products installed per plan completing any adjustments required so that the finished product, as installed, is free from defect or installation concerns. Once punch documentation is created and agreed upon (signed/documented), it is considered final and no adjustments will be considered. Any punch items unable to be remedied at substantial completion of install will be documented separately. Fluid warrants their labor and installation for the first year, beginning day 1 after installation, which will be communicated to the buyer at the same time as punch sign off. Fluid does not make any warranties of product sold hereunder whatsoever, including any warranty of merchantability or warranty that the product is fit for any particular use or purpose. The Buyer shall rely exclusively upon warranties provided by the supplier of all products sold hereunder, which are passed through to Buyer when permissible and "as is". Fluid will assist Buyer in the event of any claims for defective material or workmanship that may be made during the warranty period stated by the supplier. If Fluid is requested to perform warranty work and subsequently is determined that the product is not covered by any supplier warranty, Buyer will be charged for services at the current labor and travel rate. b. WHILE FLUID MAY AGREE IN ITS SOLE DISCRETION TO REPLACE THE PRODUCT(S) OR REFUND THE PURCHASE PRICE FOR THE PRODUCT(S) AND TO THE EXTENT PERMITTED BY LAW, FLUID DISCLAIMS AND SHALL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEAL, WITH RESPECT TO THE PRODUCT(S) AND SERVICES, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY UNDER THESE TERMS WILL BE SOLELY AS PERMITTED UNDER THESE TERMS. FLUID IS NOT RESPONSIBLE FOR COSTS OR ANY DAMAGES THAT RESULT FROM USE OR MISUSE OF THE PRODUCT(S). Email: 763 706-3705 KHansen@columbiaheightsmn.g ov Phone: 9 204 Item 3. Fluid Interiors 100 North 6th Street Suite 100A Minneapolis, MN 55403 Phone: 612-746-8700 Fax: 612-746-8701 Email/Web: www.fluidinteriors.com Quotation Page: 8 of Project: 37690 37690.002 Status: New Sold To:5201-01 City of Columbia Heights 3989 Central Ave NE Columbia Heights, MN 55421 Attention: Kevin Hansen 5201-01 City of Columbia Heights 3989 Central Ave NE Columbia Heights, MN 55421 Attention: Kevin Hansen 5201-01 City of Columbia Heights 3989 Central Ave NE Columbia Heights, MN 55421 Attention: Kevin Hansen Bill To: Date Entered Customer PO Salesperson FOB Terms 08/19/2024 Jayne Lowenberg D Net 15 Days Ship To: Quote: City of CH - 2024 Furniture AdProj Desc: ds CLAIMS AND LIMITATION OF LIABILITY. a. All claims shall be deemed waived unless made in writing and delivered to Fluid within seven (7) days after receipt of Products. Buyer shall afford Fluid prompt and reasonable opportunity to inspect the Products, Site, or Services. Fluid reserves the right, at its sole discretion, but does not have the obligation, to remedy any claimed defect in the Products or to replace such Products. Buyer may not offset or otherwise reduce or restrict payment of any invoice due to a claim. b. IN NO EVENT SHALL FLUID BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY LOSS OF USE, LOSS OF REVENUE OR PROFIT, MANUFACTURING COSTS, DIMINUTION IN VALUE, LOSS OF PRODUCTS WILL, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT FLUID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. c. IN NO EVENT SHALL FLUID'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO FLUID FOR THE PRODUCTS AND SERVICES SOLD UNDER THE SPECIFIC ORDER AT ISSUE. INDEMNIFICATION. Each Party shall indemnify, defend, and hold harmless to the other party and its affiliates and their representatives, directors, officers, employees, and agents from and against any and all third-party claims, demands, suits, actions, judgments, costs, and liabilities (including attorney's fees) caused by the negligent or willful acts or omissions of Buyer or its directors, officers, employees, contractors, subcontractors, or agents. TERMINATION. In addition to any remedies that may be provided under these Terms, Fluid may terminate this Agreement with immediate effect upon written notice to Buyer, if Buyer: (a) fails to pay any amount when due under this Agreement and such failure continues for ten (10) days after Buyer's receipt of written notice of nonpayment; (b) has not otherwise performed or complied with any of these Terms, in whole or in part; (c) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization, or assignment for the benefit of creditors; or (d) at its convenience and for any reason or no reason. COMPLIANCE WITH LAW. Buyer shall comply with all applicable laws, regulations, and ordinances. Buyer shall maintain in effect all the licenses, permissions, authorizations, consents, and permits that it needs to carry out its obligations under this Agreement. FORCE MAJEURE. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations of Buyer to make payments to Fluid), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party") reasonable control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate power or transportation facilities; and (i) other events beyond the reasonable control of the Impacted Party. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In addition, any act or omission of Buyer or its agents, subcontractors, consultants, or employees that impedes or delays Fluid's performance will be a Force Majeure Event. GENERAL TERMS & CONDITIONS. a. These Terms and the Agreement is the final expression of the agreement between the Buyer and Fluid and supersedes all prior or contemporaneous oral and written statements regarding the Order. The Agreement may only be modified in writing by Fluid, or by a revised acknowledgment duly issued by Fluid. Fluid rejects any additional terms, provisions, or obligations that are not contained in these Terms, the Proposal or Quote, and Buyer's acceptance of the Proposal or Quote. Any other or additional terms, provisions, or obligations in Buyer's acceptance are expressly rejected. b. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any form of joint enterprise, employment, or fiduciary relationship between the parties; and neither party shall have authority to contract for or bind the other party in any manner whatsoever. c. Buyer shall reimburse Fluid for all costs incurred in collecting any payments due to Fluid, including, without limitation, reasonable attorneys' fees and court costs. d. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns; and, nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms. e. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Minnesota. Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be instituted in the federal or state courts of the State of Minnesota in each case located in Hennepin County and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. f. All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a "Notice") shall be in writing and addressed to the parties at the addresses set forth on the face of the Order or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by email, personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile (with confirmation of transmission), or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section. Email: 763 706-3705 KHansen@columbiaheightsmn.g ov Phone: 9 205 Item 3. Fluid Interiors 100 North 6th Street Suite 100A Minneapolis, MN 55403 Phone: 612-746-8700 Fax: 612-746-8701 Email/Web: www.fluidinteriors.com Quotation Page: 9 of 9 Project: 37690 37690.002 Status: New Sold To:5201-01 City of Columbia Heights 3989 Central Ave NE Columbia Heights, MN 55421 Attention: Kevin Hansen 5201-01 City of Columbia Heights 3989 Central Ave NE Columbia Heights, MN 55421 Attention: Kevin Hansen 5201-01 City of Columbia Heights 3989 Central Ave NE Columbia Heights, MN 55421 Attention: Kevin Hansen Bill To: Date Entered Customer PO Salesperson FOB Terms 08/19/2024 Jayne Lowenberg D Net 15 Days Ship To: Quote: City of CH - 2024 Furniture AdProj Desc: ds g. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. h. Provisions of these Terms which by their nature should apply beyond their terms will remain in force after any termination or expiration of this Agreement. i. No waiver by Fluid of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Fluid. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. j. Buyer shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Fluid. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Buyer of any of its obligations under this Agreement. _________________________________________________________________________________________________________________________ Signature Title Date Subtotal Tax 9,053.91 0.00 9,053.91 Email: 763 706-3705 KHansen@columbiaheightsmn.g ov Phone: Total 206 Item 3. Continue Shopping Shopping Cart Add Product by Model # Model #Description Qty Price Total  Remove H-4262 Heavy-Duty Steel Shelving - 72 x 24 x 96"  1 $910.00/EA $910.00   H-4864 Heavy-Duty Steel Shelving - 60 x 24 x 96"  1 $815.00/CT $815.00   H-7434 Heavy-Duty Steel Shelving - 96 x 24 x 96"  2 $1,420.00/EA $2,840.00    SUBTOTAL =$4,565.00   Update Checkout $300+ orders are eligible for a free item.Shipping | Sale Code: Add ULINE 1-800-295-5510 My Account   |   Contact Us Products Uline Products Quick Order Catalog Request Special Offers About Us Careers JESSE HAUF GOSearch Save Cart | Empty Cart | Share 207 Item 3. ADDRESS SHIPPING PAYMENT REVIEW AND SUBMIT SELECT SHIPPING METHOD Add Special Instructions ULINE 1-800-295-5510 View Cart Help Chat Live Shipping Method Delivery Time Motor Freight - Contact Cartage 1 day $203.22 - Inside Delivery applies to this shipment. - Liftgate Service applies to this shipment. Show all items in shipment Shipping Date Delivery Date 2/19/2025 Warehouse HUDSON, WI 2/18/2025 18 Inside Delivery ($20) Liftgate Service ($30) Delivery Appointment (Adds 1 day to delivery time) Freight Options # of Shipments:1 # of Items:3 Subtotal:$4,565.00 Shipping:$203.22 Order Summary Continue Continue 208 Item 3. ITEM: Adopt Resolution 2025-26 Authorizing Staff to Apply for Minnesota Department of Natural Resources Outdoor Recreation Grant Program DEPARTMENT: Public Works BY/DATE: City Engineer / February 20th, 2025 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 X Thriving and Vibrant Destination Community X Strong Infrastructure and Public Services _Sustainable BACKGROUND The City of Columbia Heights is seeking council approval to apply for grant funding from the Minnesota Department of Natural Resources (DNR) through the Outdoor Recreation Grant Program. This grant program awards up to $350,000 for each project, with a required match of 50%. SUMMARY OF CURRENT STATUS A concept plan approved by the Park and Recreation Commission is attached. Based on this plan, grant funding would be utilized to remove and replace the playset, remove the existing tennis courts and replace them pickleball courts, provide shade structures and benches, and provide realigned walking trails to facilitate access to new facilities. STAFF RECOMMENDATION Authorize staff to submit an application for grant funding under the DNR Outdoor Recreation Grant Program for Sullivan Lake Park. CITY COUNCIL MEETING AGENDA SECTION CONSENT MEETING DATE FEBRUARY 24, 2025 209 Item 4. RECOMMENDED MOTION(S): MOTION: Move to waive the reading of Resolution 2025-26, there being ample copies available to the public. MOTION: Move to adopt Resolution 2025-26, being a resolution authorizing staff to apply for grant funding to repair, resurface, and improve the Sullivan Lake walking trail under the DNR Outdoor Recreation Grant Program. ATTACHMENTS: Resolution 2025-26 210 Item 4. RESOLUTION NO. 2025-026 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the City of Columbia Heights is proposing to apply for a grant for Outdoor Recreation for the Sullivan Lake Park Improvements, and BE IT RESOLVED that the City of Columbia Heights act as legal sponsor for the project contained in the Outdoor Recreation Grant application to be submitted on March 31, 2025, and that the Public Works Director is hereby authorized to apply to the Department of N atural Resources for funding of this project on behalf of the City of Columbia Heights. BE IT FURTHER RESOLVED that the applicant maintains an adequate Conflict of Interest Policy and, throughout the term of the contract, will monitor and report any actua l or potential conflicts of interest to the State, upon discovery. BE IT FURTHER RESOLVED that the City of Columbia Heights has the legal authority to apply for financial assistance, and it has the financial capability to meet the match requirement (if an y) and ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life. BE IT FURTHER RESOLVED that the City of Columbia Heights has not incurred any development costs and has not entered into a written purchase agreement to acquire the property described in the Cost Breakdown section on this application. BE IT FURTHER RESOLVED that the City of Columbia Heights has or will acquire fee title or permanent easement over all the land described in the boundary m ap or recreational site plan included in the application. BE IT FURTHER RESOLVED that, upon approval of its application by the State, the City of Columbia Heights may enter into an agreement with the State for the above referenced project, and that the City of Columbia Heights certifies that it will comply with all applicable laws and regulations as stated in the grant agreement including dedicating the park property for uses consistent with the funding grant program into perpetuity. NOW, THEREFORE BE IT RESOLVED that DIRECTOR OF PUBLIC WORKS is hereby authorized to execute such agreements as necessary to implement the project on behalf of the applicant. 211 Item 4. ORDER OF COUNCIL Passed this 24th day of February 2025 Offered by: Seconded by: Roll Call: Amáda Márquez Simula, Mayor Attest: Sara Ion, City Clerk/Council Secretary 212 Item 4. C: \ A C C \ A C C D o c s \ W S B \ 0 2 6 5 5 1 - 0 0 0 \ P r o j e c t F i l e s \ 0 5 _ D i s c i p l i n e \ L a n d s c a p e \ E x h i b i t s \ 0 2 6 5 5 1 - 0 0 0 S u l l i v a n L a k e P a r k F i n a l C o n c e p t Columbia Heights, MN November 20, 2024 | WSB Project number: 026551-000 Sullivan Lake Park | Concept Plan Scale in Feet 0’60’30 SHADE CANOPY AT SPORT COURT PLAY AREA (~7,500 SF) SHADE CANOPY AT PLAY AREA HAMMOCKING AREA TRAIL CONNECTION TO FUTURE DEVELOPMENT FITNESS COURT 9 ADDITIONAL STALLS 4 FUTURE STALLS 51ST AVE NE FUTURE LIFT STATION EXISTING TRAIL (TYP) SHADE CANOPY SHADE CANOPY HAMMOCK POSTS SEATING AREA PLAY AREA SULLIVAN LAKE EXISTING TREE (TYP) PORTABLE RESTROOMS PROPOSED TREE (TYP) (2) PICKLEBALL COURTS HALF COURT BASKETBALL PAVED TRAIL PLANTING AREA PLANTING AREA SEATING AREA WITH SHADE CANOPY OPEN LAWN / YARD GAME AREA EXISTING SHELTER DECORATIVE PAVEMENT SEATING AREA OPTIONAL ADDITIONAL PICKLEBALL COURT Precedent Imagery 213 Item 4. C: \ A C C \ A C C D o c s \ W S B \ 0 2 6 5 5 1 - 0 0 0 \ P r o j e c t F i l e s \ 0 5 _ D i s c i p l i n e \ L a n d s c a p e \ E x h i b i t s \ 0 2 6 5 5 1 - 0 0 0 S u l l i v a n L a k e P a r k F i n a l C o n c e p t Columbia Heights, MN November 20, 2024 | WSB Project number: 026551-000 Sullivan Lake Park | Concept Plan - Phasing Scale in Feet 0’60’30 TRAIL CONNECTION TO FUTURE DEVELOPMENT FITNESS COURT 9 ADDITIONAL STALLS 4 FUTURE STALLS 51ST AVE NE FUTURE LIFT STATION EXISTING TRAIL (TYP) SHADE CANOPY SHADE CANOPY HAMMOCK POSTS SEATING AREA PLAY AREA SULLIVAN LAKE EXISTING TREE (TYP) PORTABLE RESTROOMS PROPOSED TREE (TYP) (2) PICKLEBALL COURTS PLANTING AREA PLANTING AREA SEATING AREA WITH SHADE CANOPY EXISTING SHELTER DECORATIVE PAVEMENT SEATING AREA HALF COURT BASKETBALL PAVED TRAIL PHASE 1 OPEN LAWN / YARD GAME AREA OPTIONAL ADDITIONAL PICKLEBALL COURT PHASE 2 PHASE 3 214 Item 4. ITEM: Resolution 2025-27 Approving Plans and Specifications And Ordering Advertisement For Bids For 2025 Concrete Alley Construction, Project 2506. DEPARTMENT: Public Works BY/DATE: City Engineer / February 20, 2025 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 Public Improvement Hearing for 2025 Concrete Alley Construction, Project 2506 was held on January 27, 2025. The City Council ordered the improvement project for the following alleys: 1. Heights Drive to Stinson Boulevard, 45th Avenue to Heights Drive, 2. 5th Street to 6th Street, 47th Avenue to 48th Avenue, 3. Tyler Street to Polk Street, 41st Avenue to 42nd Avenue, 4. Jackson Street to Van Buren Street, 42nd Avenue to 43rd Avenue, 5. University Avenue Service Road to 4th Street, 49th Avenue to 50th Avenue, and 6. Reservoir Boulevard to Tyler Street, 37th Avenue to 39th Avenue SUMMARY OF CURRENT STATUS Final plans and specifications for the Concrete Alley Construction, including utilities, are substantially complete. The bid opening is scheduled for Monday, March 31st, with City Council award on April 14th. STAFF RECOMMENDATION The proposed construction has not changed from the information presented at the Public Improvement Hearing. There is no water main or sanitary sewer main located in the alleys. There will be some catch basin grates and risers that will be replaced as part of the project. The proposed funding for utility work is as follows: Storm Sewer Construction Fund $ 50,000 Water Construction Fund $ 0 Sanitary Sewer Construction Fund $ 0 Proposed project funding is shown below: Assessments $ 678,000 CITY COUNCIL MEETING AGENDA SECTION CONSENT MEETING DATE FEBRUARY 24, 2025 215 Item 5. City of Columbia Heights - Council Letter Page 2 Infrastructure Fund $ 738,000 Storm Sewer $ 50,000 RECOMMENDED MOTION(S): MOTION: Move to waive the reading of Resolution 2025-27, there being ample copies available to the public. MOTION: Move to adopt Resolution 2025-27 approving Plans and Specifications and ordering Advertisement for Bids for 2025 Concrete Alley Construction, City Project 2506. ATTACHMENT(S): Resolution 2025-27 216 Item 5. RESOLUTION NO. 2025-27 A resolution of the City Council for the City of Columbia Heights, Minnesota, Being a resolution approving plans and specifications and ordering advertisement for bids for 2025 Concrete Alley Construction, City Project 2506. WHEREAS, pursuant to a resolution passed by the City Council on January 27, 2025, the City Engineer has prepared plans and specifications for Concrete Alley Construction for the following alleys:  Heights Drive to Stinson Boulevard, 45th Avenue to Heights Drive,  5th Street to 6th Street, 47th Avenue to 48th Avenue,  Tyler Street to Polk Street, 41st Avenue to 42nd Avenue,  Jackson Street to Van Buren Street, 42nd Avenue to 43rd Avenue,  University Avenue Service Road to 4th Street, 49th Avenue to 50th Avenue, and  Reservoir Boulevard to Tyler Street, 37th Avenue to 39th Avenue Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. Such plans and specifications identified as 2025 Concrete Alley Construction, City Project 2506 are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in a trade journal an advertisement for bids upon making of such improvement under such approved plans and specifications. The advertisement shall be published a minimum of three weeks prior to the bid opening, shall specify the work to be done, shall state that bids will be received by representatives of the City Council of Columbia Heights until 10:00 a.m. on Monday, March 31, 2025 at which time they will be publicly opened at the place designated, will then be tabulated and will be considered by the City Council on Monday, April 14, 2025 in the Council Chambers. Any bidder whose responsibility is question ed during consideration of the bid will be given an opportunity to address the council on the issue of responsibility. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, bid bond, or certified check payable to the City of Columbia Heights for 5 percent of the amount of such bid. ORDER OF COUNCIL Passed this 24th day of February, 2025 Offered by: Seconded by: Roll Call: Amáda Márquez Simula, Mayor Attest: Sara Ion, City Clerk/Council Secretary 217 Item 5. ITEM: Resolution 2025-28 Declaring the Intent to Bond for 2025 Alley Construction, City Project 2506. DEPARTMENT: Public Works BY/DATE: City Engineer / February 20, 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 At the City Council meeting of February 24, 2025 Council authorized staff to seek bids for alley construction in the following alleys: 1. Heights Drive to Stinson Boulevard, 45th Avenue to Heights Drive, 2. 5th Street to 6th Street, 47th Avenue to 48th Avenue, 3. Tyler Street to Polk Street, 41st Avenue to 42nd Avenue, 4. Jackson Street to Van Buren Street, 42nd Avenue to 43rd Avenue, 5. University Avenue Service Road to 4th Street, 49th Avenue to 50th Avenue, and 6. Reservoir Boulevard to Tyler Street, 37th Avenue to 39th Avenue Currently cash available from city inter-fund loans to fund the alley construction is limited. For this reason, there is a potential for bonding for these projects. SUMMARY OF CURRENT STATUS Plans and specs for 2025 Alley Construction project is substantially complete. STAFF RECOMMENDATION To keep the potential bonding alternative open, a resolution declaring the intent to bond should be approved by the City Council prior to awarding bids. This has been done for both Utility and Street Rehabilitation construction projects since 1998. It should be noted that the resolution does not commit the City to bonding or the dollar amount stated, but keeps the option for bonding open in the future, up to the dollar amount specified. CITY COUNCIL MEETING AGENDA SECTION CONSENT MEETING DATE FEBRUARY 24, 2024 218 Item 6. City of Columbia Heights - Council Letter Page 2 RECOMMENDED MOTION(S): MOTION: Move to waive the reading of Resolution 2025-28, there being ample copies available to the public. MOTION: Move to adopt Resolution 2025-28 being a resolution approving the declaration for the official intent of the City of Columbia Heights to bond for 2025 Alley Construction, City Project 2506. ATTACHMENT(S): Resolution 2025-28 219 Item 6. RESOLUTION NO. 2025-28 A resolution of the City Council for the City of Columbia Heights, Minnesota, WHEREAS, the Internal Revenue Service has issued Tres. Reg. 1.140 -2 providing that proceeds of tax exempt bond used to reimburse prior expenditures will be not be deemed spent unless certain requirements are met; and, WHEREAS, the City of Columbia Heights (the “City”) expects to incur certain expenditures which may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a bond; Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT The City reasonably intends to make expenditures for Project N umber 2506 consisting of 2025 Alley Construction on the following alleys: 1. Heights Drive to Stinson Boulevard, 45th Avenue to Heights Drive, and 2. 5th Street to 6th Street, 47th Avenue to 48th Avenue, and 3. Tyler Street to Polk Street, 41st Avenue to 42nd Avenue, and 4. Jackson Street to Van Buren Street, 42nd Avenue to 43rd Avenue, and 5. University Avenue Service Road to 4th Street, 49th Avenue to 50th Avenue, and 6. Reservoir Boulevard to Tyler Street, 37th Avenue to 39th Avenue; and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be issued by the City in one or more series in the maximum principal amount of $800,000. 1. This resolution is intended to constitute a declaration of official intent for purposes of Tres. Reg. 1.150 -2 and any successor law, regulating or ruling. ORDER OF COUNCIL Passed this 24th day of February, 2025 Offered by: Seconded by: Roll Call: Amáda Márquez Simula, Mayor Attest: Sara Ion, City Clerk/Council Secretary 220 Item 6. ITEM: Adopt Resolution 2025-30, Approving the Assignment of TIF Note and Redevelopment Agreement for Ratio Apartments Refinance. DEPARTMENT: Administration BY/DATE: City Manager / February 20, 2025 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 X Trusted and Engaged Leadership X Thriving and Vibrant Destination Community _Strong Infrastructure and Public Services _Sustainable BACKGROUND As part of the City Hall/Ratio apartments redevelopment project, the City and the City’s Economic Development Authority (EDA) approved the establishment of the NE Business Center Redevelopment Tax Increment Financing District. This district was created to provide funding for demolition, site preparation, and public improvements included in the mixed-use development. The financial assistance provided to the developer of the project BPOZ Columbia Heights LLC (Alatus), was approved and articulated in a Purchase and Redevelopment Contract (Redevelopment Agreement) that was executed on behalf of the City and the EDA. In connection with this agreement, the EDA issued a Tax Increment Revenue Note (TIF Note) in the original principal amount of $9,550,000 in favor of the developer. This TIF note was issued in September of 2021 and ultimately assigned to Colliers bank by Alatus. The note is interest bearing and it has accrued interest since being issued in 2021. No principle has been repaid at this time. The current outstanding principal balance of the note is $10,127,407. The TIF note is expected to begin reducing in principle at the end of 2026. The note has an expiration date of 2/1/2045. Please see attached TIF repayment schedule for additional detail. Currently, Alatus is in the process of refinancing the Ratio apartments portion of the project and securing a new primary mortgage. To facilitate the refinancing, Alatus has requested that the City and EDA consent to a Collateral Assignment of the TIF note and Redevelopment Agreement to their new lender, Newpoint Real Estate Capital LLC. In practice, the consent to assignment will ensure that the new lender receives the TIF payments in place of Colliers and they will benefit from the performance outcomes and protections articulated in the Redevelopment Agreement. SUMMARY OF CURRENT STATUS The refinance closing is scheduled for February 28th. Approval of the Consent to Assignment is required to take place before closing. CITY COUNCIL MEETING AGENDA SECTION CONSENT AGENDA MEETING DATE FEBRUARY 24, 2025 221 Item 7. City of Columbia Heights - Council Letter Page 2 STAFF RECOMMENDATION This action is routine in nature and is beneficial to the overall health of the project. The authority to assign the TIF note, and agreement are fundamentally supported in the Redevelopment Agreement itself. The formal action contemplated in Resolution 2025-30 is meant to promote transparency for the Council and public. Staff recommend approval of Resolution 2025-30, approving the Consent to Assignment of the TIF note and Redevelopment Agreement. RECOMMENDED MOTION(S): MOTION: Move to waive the reading of Resolution 2025-30, there being ample copies available to the public. MOTION: Move to approve Resolution 2025-30, a resolution approving an assignment of TIF note and redevelopment agreement. ATTACHMENT(S):  Resolution 2025-30  Consent to Assignment  Assignment  TIF Repayment Schedule  Purchase and Redevelopment Agreement 222 Item 7. 4898-2137-4750.1 CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION NO. 2025-30 RESOLUTION APPROVING AN ASSIGNMENT OF TIF NOTE AND REDEVELOPMENT AGREEMENT WHEREAS, the City of Columbia Heights (the “City”) and the Columbia Heights Economic Development Authority (the “Authority”) have approved the establishment of NE Business Center Tax Increment Financing District (the “TIF District”), a redevelopment district, pursuant to Minnesota Statutes, Sections 469.174 through 469.1794, as amended; WHEREAS, the Authority has approved certain tax increment financial assistance pursuant to a Purchase and Redevelopment Contract, dated September 28, 2020 (the “Redevelopment Agreement”) with BPOZ Columbia Heights, LLC, a Delaware limited liability company (or certain affiliates thereof, collectively, the “Redeveloper”) in order to facilitate the Redeveloper’s plans in financing the construction on certain property within the TIF District described in Schedule A of the Redevelopment Agreement (the “Redevelopment Property”) of a mixed-use facility consisting of multifamily rental housing, space intended for conveyance to the City for use as a city hall (the “City Hall Component”), and commercial space, along with associated structured and surface parking (collectively, the “Minimum Improvements”); and WHEREAS, in connection with the Redevelopment Agreement, the Authority issued a Tax Increment Revenue Note in the original principal amount of $9,550,000.00 in favor of the Redeveloper, dated as of September 8, 2021 (as amended, modified, consolidated or restated from time to time, the “Tax Increment Revenue Note”); and WHEREAS, the City and the Redeveloper are in the process of conveying the City Hall Component from the Redeveloper to the City; and WHEREAS, in connection with its refinancing of the Minimum Improvements, excluding the City Hall Component (hereinafter, the Minimum Improvements following conveyance of the City Hall Component shall refer to the “Project”), the Redeveloper has requested that the Authority and the City consent to a Collateral Assignment of Tax Increment Revenue Note and Redevelopment Agreement “Assignment”) by and between the Redeveloper and Newpoint Real Estate Capital LLC, a Michigan limited liability company (the “Lender”), pursuant to a Consent to Collateral Assignment of Tax Increment Revenue Note and Redevelopment Agreement (the “Consent”). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights (the “Council”), as follows: 1.01. The Council hereby approves the Assignment and the Consent in substantially the forms presented to the Council, together with any related documents necessary in connection therewith, including but not limited to any agreements referred to therein, (collectively, the “Assignment Documents”) and hereby authorizes the Mayor and City Manager to execute any such Assignment Documents to which the City is a party, on behalf of the City, and to carry out, on behalf of the City, the obligations of the City thereunder when all conditions precedent thereto have been satisfied. 1.02. The approval hereby given to the Assignment Documents includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions 223 Item 7. 2 4898-2137-4750.1 therefrom and additions thereto as may be necessary and appropriate and approved by legal counsel to the City or the Authority and by the officers authorized herein or by the City to execute said documents prior to their execution; and said officers are hereby authorized to approve said changes on behalf of the City. The execution of any instrument by the appropriate officers of the City shall be conclusive evidence of the approval of such document in accordance with the terms hereof. In the event of absence or disability of the officers, any of the documents authorized by this Resolution to be executed may be executed without further act or authorization of the Council by any duly designated acting official, or by such other officer or officers of the Council as, in the opinion of the City Attorney or other legal counsel to the City, may act in their behalf. 1.03. Upon execution and delivery of the Assignment Documents, the officers and employees of the City are hereby authorized and directed to take or cause to be taken such actions as may be necessary on behalf of the City to implement the Assignment Documents, when all conditions precedent thereto have been satisfied. 1.04. The Council hereby determines that the execution and performance of the Assignment Documents will help realize the public purposes of the Act. Approved by the City Council of the City of Columbia Heights, Minnesota this 24th day of February, 2025. ______________________________ ATTEST: Mayor _______________________________ City Clerk 224 Item 7. Consent to Collateral Assignment of Tax Increment Revenue Note and Redevelopment Agreement Form 6418 Page 1 Fannie Mae 05-24 © 2024 Fannie Mae CONSENT TO COLLATERAL ASSIGNMENT OF TAX INCREMENT REVENUE NOTE AND REDEVELOPMENT AGREEMENT NEWPOINT REAL ESTATE CAPITAL LLC, a Michigan limited liability company (“Lender”) has agreed, subject to the satisfaction of certain terms and conditions, to make a loan in the original principal amount of $50,770,000.00 (the “Mortgage Loan”) to BPOZ COLUMBIA HEIGHTS, LLC, a Delaware limited liability company (“Borrower”), which loan is or will be secured by a lien on that certain multifamily residential apartment project located at 909 Gould Avenue, Columbia Heights, Minnesota 55421 (the “Mortgaged Property”). Lender is requiring this Consent to Collateral Assignment of Tax Increment Revenue Note and Redevelopment Agreement (the “Consent”) as a condition to making the Mortgage Loan. The COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic under the laws of Minnesota (“Economic Development Authority”), and the CITY OF COLUMBIA HEIGHTS, a Minnesota municipal corporation (“City” and, together with the Economic Development Authority, the “Authority”), hereby consents to the collateral assignment by Borrower of (1) that certain Purchase and Redevelopment Contract (the “Redevelopment Agreement”) dated as of September 28, 2020 by and between the City, the Economic Development Authority and the Borrower and (2) that certain Tax Increment Revenue Note in the original principal amount of $9,550,000.00 in favor of Borrower, as payee and holder, dated as of September 8, 2021 (the “TIF Note”), from the Economic Development Authority, as Maker, pursuant to the terms of that certain Collateral Assignment of Tax Increment Revenue Note and Redevelopment Agreement from Borrower to Lender, dated as of February __, 2025 (the “Assignment”), for the purpose of (i) securing the Mortgage Loan, (ii) assigning the Redevelopment Agreement to Lender as collateral for the Mortgage Loan as provided in the Assignment, and (iii) redirecting the payments under the TIF Note directly to Lender in accordance with the Assignment after Lender’s written demand has been delivered to the Authority in the manner set forth in the Redevelopment Agreement. Until such time that Lender succeeds to Borrower’s interest under the Redevelopment Agreement and TIF Note pursuant to the terms of the Assignment, the Authority agrees that Lender shall not be deemed to have assumed any of the obligations or liabilities under the Redevelopment Agreement or TIF Note, nor shall Lender be liable to the Authority by reason of any default by any party under the Redevelopment Agreement or TIF Note. At such time that Lender succeeds to Borrower’s interest under the Redevelopment Agreement, Lender’s liability shall be strictly limited to acts and omissions of Lender occurring during the period of ownership and operation of the Mortgaged Property and the improvements located thereon by Lender. (1) The Authority Representations and Warranties. The Authority hereby represents and warrants to Lender that: (a) it has the right to exercise and deliver this Consent under the terms of the Redevelopment Agreement and the TIF Note and by official action of the governing bodies of the City and the Economic Development Authority. The execution of this Consent and performance and observance of its terms have been duly authorized by necessary company action and do not contravene or violate any provision of the Authority’s organizational documents; (b) to the knowledge of the Authority, other than a collateral assignment no longer in effect as of the date hereof, Borrower has made no prior assignments of the TIF Note or Redevelopment Agreement; 225 Item 7. Consent to Collateral Assignment of Tax Increment Revenue Note and Redevelopment Agreement Form 6418 Page 2 Fannie Mae 05-24 © 2024 Fannie Mae (c) the Redevelopment Agreement and the TIF Note are in full force and effect, subject to no defenses, setoffs or counterclaims; and there exists no event, condition or occurrence that would cause the Redevelopment Agreement or the TIF Note to be subject to any defenses, setoffs or counterclaims; (d) the Authority has performed all of its obligations under the Redevelopment Agreement and the TIF Note and there exists no event, condition or occurrence which constitutes, or which with notice and/or the passage of time would constitute, a breach of or default under any terms or conditions of the Redevelopment Agreement or the TIF Note; (e) the Authority has not delivered any notice to Borrower of the Authority’s intention to prepay all or any portion of the TIF Note in advance of the regularly scheduled payments thereunder; and (f) the “TIF Lookback” referenced in Section 3.8 of the Redevelopment Agreement is no longer in force or effect, the financial assistance for the Public Redevelopment Costs were not reduced, and the TIF Note has not been adjusted in connection therewith. (2) The Authority Covenants Regarding Collateral Assignment of Tax Increment Revenue Note and Redevelopment Agreement. The Authority hereby covenants and agrees: (a) to faithfully observe and perform all of the obligations and agreements of the TIF Note and Redevelopment Agreement, if any; (b) not to do any act which would destroy or impair the security afforded to Lender under the Assignment; (c) to simultaneously deliver to Lender a copy of each notice delivered by the Authority to Borrower pursuant to the Redevelopment Agreement and the TIF Note, including any notice relating to any default, alleged default, or potential default of Borrower, under and pursuant to the Redevelopment Agreement and the TIF Note; and (d) not permit or consent to the amendment, modification, cancellation or surrender of the Redevelopment Agreement or the TIF Note without the prior written consent of Lender. The Authority acknowledges and agrees that (i) the Authority is executing this Consent to induce Lender to make (A) the Mortgage Loan and (B) approve of the Redevelopment Agreement and TIF Note as additional security for the Mortgage Loan, and (ii) Lender will rely on the representations and agreements made by the Authority herein in connection with Lender’s agreement to make the Mortgage Loan and the Authority agrees that Lender may so rely on such representations and agreements. The consent provided in this Consent is conditioned upon receipt by the Economic Development Authority of an investment letter from the Lender in accordance with Section 3.7(d) of the Redevelopment Agreement. [SIGNATURES CONTINUE ON NEXT PAGE] 226 Item 7. Consent to Collateral Assignment of Tax Increment Revenue Note and Redevelopment Agreement Form 6418 Page S-1 Fannie Mae 05-24 © 2024 Fannie Mae TIF Project Name: Ratio Apartments Executed _____________________, 2025. AUTHORITY: COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic under the laws of Minnesota By: _________________________________________ Name: Title: CITY OF COLUMBIA HEIGHTS, a Minnesota municipal corporation By: _________________________________________ Name: Title: 227 Item 7. Collateral Assignment of Tax Increment Revenue Note and Redevelopment Agreement Form 6418 Page 1 Fannie Mae 05-24 © 2024 Fannie Mae ---------------------------- [Space Above This Line For Recording Data] ---------------------------- Prepared by, and after recording, return to: Zachary D. Imboden, Esquire Troutman Pepper Locke LLP Post Office Box 1122 Richmond, Virginia 23218-1122 COLLATERAL ASSIGNMENT OF TAX INCREMENT REVENUE NOTE AND REDEVELOPMENT AGREEMENT This COLLATERAL ASSIGNMENT OF TAX INCREMENT REVENUE NOTE AND REDEVELOPMENT AGREEMENT (“Assignment”) is made as of February __, 2025, by BPOZ COLUMBIA HEIGHTS, LLC, a Delaware limited liability company (“Borrower”), whose address is 3340 Republic Ave, Suite 50, St. Louis Park, Minnesota 55426, in favor of NEWPOINT REAL ESTATE CAPITAL LLC, a Michigan limited liability company (“Lender”), whose address is 5800 Tennyson Parkway, Suite 200, Plano, Texas 75024. RECITALS: A. Pursuant to that certain Multifamily Loan and Security Agreement dated as of the date hereof, executed by and between Borrower and Lender (as amended, restated, replaced, supplemented or otherwise modified from time to time, the “Loan Agreement”), Lender has agreed to make a loan to Borrower in the original principal amount of $50,770,000.00 (the “Mortgage Loan”), as evidenced by that certain Multifamily Note dated as of the date hereof, executed by Borrower and made payable to the order of Lender in the amount of the Mortgage Loan (as amended, restated, replaced, supplemented or otherwise modified from time to time, the “Note”). B. In addition to the Loan Agreement, the Mortgage Loan and the Note are also secured by, among other things, a certain Multifamily Mortgage, Deed of Trust or Deed to Secure Debt dated as of the date hereof, which encumbers the Mortgaged Property (as amended, restated, replaced, supplemented or otherwise modified from time to time, the “Security Instrument”; the Loan Agreement, the Note, the Security Instrument, and all other documents evidencing or securing the Mortgage Loan, the “Loan Documents”). 228 Item 7. Collateral Assignment of Tax Increment Revenue Note and Redevelopment Agreement Form 6418 Page 2 Fannie Mae 05-24 © 2024 Fannie Mae C. Borrower is the owner of a multifamily residential apartment project located in Columbia Heights (Anoka County), Minnesota (the “State”) and described on the attached Exhibit A (the “Mortgaged Property”). D. Borrower, COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic under the laws of Minnesota (“Economic Development Authority”), and the CITY OF COLUMBIA HEIGHTS, a Minnesota municipal corporation (“City” and, together with the Economic Development Authority, the “Authority”) are parties to that certain Purchase and Redevelopment Contract dated September 28, 2020 (as may be further amended, modified or supplemented from time to time, the “Redevelopment Agreement”). The Redevelopment Agreement represents a Tax Increment Financing (TIF) Redevelopment Agreement between Borrower and the Authority for a redevelopment of the Mortgaged Property (as hereinafter defined), and authorized the Authority’s participation in the redevelopment of the Mortgaged Property by providing up to $9,550,000.00 to offset Tax Increment Financing (TIF) eligible expenses for the construction, operation and maintenance of improvements at the Mortgaged Property, and including demolishing and clearing existing blighted structures, and constructing improvements, which included the construction of a multifamily development with approximately 266 units by Borrower on the Mortgaged Property. E. In connection with the Redevelopment Agreement, the Authority, as maker, issued a Tax Increment Revenue Note in the original principal amount of $9,550,000.00 in favor of Borrower, as payee and holder, dated as of September 8, 2021 (as amended, modified, consolidated or restated from time to time, the “TIF Note”). F. Lender requires and Borrower is willing to assign all of its interest in the Redevelopment Agreement and the TIF Note to Lender as additional security for the Mortgage Loan. AGREEMENTS: NOW, THEREFORE, for good and valuable consideration, including the material financial benefit to be derived by Borrower as a result of Lender’s making of the Mortgage Loan, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, Borrower does hereby covenant, agree, warrant, represent, assign, set over and transfer, to the extent assignable and transferable, as set forth herein: Section 1. Definitions. Capitalized terms used and not specifically defined herein have the meanings given to such terms in the Loan Agreement or the Security Instrument, as applicable. The following term in this Assignment shall have the following meanings: “UCC” means the applicable Uniform Commercial Code. Section 2. Assignment of TIF Note. In consideration of Lender’s making of the Mortgage Loan and approval of the Redevelopment Agreement and TIF Note as additional security for the Mortgage Loan, to the extent permitted by applicable law, Borrower hereby (a) pledges and grants Lender a security interest in the TIF Note, and (b) assigns, transfers and sets over unto Lender all of its current and future right, title and interest in and to the payments under the TIF Note, and all rights and benefits 229 Item 7. Collateral Assignment of Tax Increment Revenue Note and Redevelopment Agreement Form 6418 Page 3 Fannie Mae 05-24 © 2024 Fannie Mae therefrom. To the extent permitted by applicable law, it is the intention of Borrower to establish a present, absolute, and irrevocable transfer and assignment to Lender of all of Borrower’s right, title and interest in, to and under the TIF Note. Section 3. Collateral Assignment of the Redevelopment Agreement. Borrower hereby collaterally assigns to Lender its right, title and interest to and under the Redevelopment Agreement as security for the full, timely and faithful repayment by Borrower of the Mortgage Loan, and performance by Borrower of its obligations under the Loan Documents. Section 4. Payments Under the TIF Note. (a) Until an Event of Default has occurred, Borrower shall have a revocable license to exercise all rights, power and authority granted to Borrower under the TIF Note, and all payments made by the Authority under the TIF Note shall be paid directly to Borrower in accordance with the terms of the TIF Note. Upon the occurrence of an Event of Default, Borrower shall cause the Authority, upon written demand by Lender, to pay directly and exclusively to Lender or its assigns all sums due under the TIF Note, subject to the terms thereof. Borrower hereby irrevocably authorizes and directs the Authority to recognize the claims of Lender without investigating the reason for any action taken or the validity of or the amount of Indebtedness owing to Lender or the existence of any Event of Default. To the extent such sums are paid to Lender, Borrower agrees that the Authority shall have no further liability to Borrower for the same. (b) Lender may, if an Event of Default shall have occurred, without notice to or demand upon Borrower, notify any and all persons obligated to Borrower under the Redevelopment Agreement and TIF Note that payment thereof is to be made directly to Lender. After the making of such a request or the giving of any such notification, Borro wer shall hold any proceeds of the Redevelopment Agreement and TIF Note received by Borrower as trustee for Lender without commingling the same with other funds of Borrower and shall turn the same over to Lender in the identical form received, together with any necessary endorsements or assignments. Lender shall apply the proceeds of the Redevelopment Agreement and TIF Note to the obligations under the Loan Documents. The receipt by Lender or Borrower of any sum paid by the Authority shall be in discharge and release of that portion of any amount owed by the Authority. Section 5. Representations and Warranties. Borrower represents and warrants to Lender that: (a) subject to receipt of any consent of the Authority required under the Redevelopment Agreement, it has the right to exercise and deliver this Assignment under the terms of the Redevelopment Agreement and the TIF Note. The execution of this Assignment and performance and observance of its terms hereof have been duly authorized by necessary company action and do not contravene or violate any provision of Borrower’s organizational documents; (b) Other than a collateral assignment no longer in effect as of the date hereof, Borrower has made no prior assignments of the TIF Note or Redevelopment Agreement; (c) the Redevelopment Agreement and the TIF Note are in full force and effect, subject to no defenses, setoffs or counterclaims and there exists no event, condition or occurrence that would cause the Redevelopment Agreement or the TIF Note to be subject to any defenses, setoffs or counterclaims; 230 Item 7. Collateral Assignment of Tax Increment Revenue Note and Redevelopment Agreement Form 6418 Page 4 Fannie Mae 05-24 © 2024 Fannie Mae (d) Borrower has performed all of its obligations under the Redevelopment Agreement and the TIF Note and there exists no event, condition or occurrence which constitutes, or which with notice and/or the passage of time would constitute, a breach of or default under any terms or conditions of any of the Redevelopment Agreement or the TIF Note; and (e) the outstanding principal balance under the TIF Note is $10,127,407.32. Borrower has not received from the Authority any notice of the Authority’s intention to prepay all or any portion of the TIF Note in advance of the regularly scheduled payments thereunder. Borrower acknowledges and agrees that the Authority is relying on, and is authorized to rely on, the representations, certifications, covenants, and acknowledgments given by Borrower in this Section 5 in connection with the Authority’s execution of that certain Consent to Collateral Assignment of Tax Increment Revenue Note and Redevelopment Agreement dated as of an even date herewith. Section 6. Covenants. Borrower hereby covenants and agrees: (a) to faithfully observe and perform all of the obligations and agreements of the TIF Note and Redevelopment Agreement, if any; (b) not to do any act which would destroy or impair the security afforded to Lender under this Assignment; (c) to promptly deliver to Lender a copy of each notice delivered by the Authority and received by Borrower pursuant to the Redevelopment Agreement and the TIF Note, including any notice relating to any default, alleged default, or potential default of Borrower, under and pursuant to the Redevelopment Agreement and the TIF Note; and (d) not permit or consent to the amendment, modification, cancellation or surrender of the Redevelopment Agreement or the TIF Note without the prior written consent of Lender. Section 7. Limitation of Liability. Until such time that Lender succeeds to Borrower’s interest under the Redevelopment Agreement and TIF Note pursuant to the terms of this Assignment, Lender shall not be deemed to have assumed any of the obligations or liabilities under the Redevelopment Agreement or TIF Note, nor shall Lender be liable to the Authority by reason of any default by any party under the Redevelopment Agreement or TIF Note. At such time that Lender succeeds to Borrower’s interest under the Redevelopment Agreement, Lender’s liability shall be strictly limited to acts and omissions of Lender occurring during the period of ownership and operation of the Mortgaged Property and the improvements located thereon by Lender. Section 8. Indemnification. Borrower agrees to indemnify, defend and hold Lender harmless of and from any and all liability, loss or damage which it may or might incur by reason of any claims or demands against it based on its alleged assumption of Borrower’s duty and obligation to perform and discharge the terms, covenants and agreements in the Redevelopment Agreement or the TIF Note. 231 Item 7. Collateral Assignment of Tax Increment Revenue Note and Redevelopment Agreement Form 6418 Page 5 Fannie Mae 05-24 © 2024 Fannie Mae Section 9. Further Assurances. Within ten (10) days after request by Lender, Borrower shall execute, acknowledge, deliver, and, if necessary, file or record, at its cost and expense, all further acts, deeds, conveyances, assignments, financing statements, transfers, documents, agreements, assurances, and such other instruments as Lender may reasonably require from time to time in order to better assure, grant, and convey to Lender the rights intended to be granted, now or in the future, to Lender under this Assignment. Section 10. Events of Default; Remedies. Any default by Borrower under the terms and conditions of this Assignment, the Redevelopment Agreement or the TIF Note beyond applicable notice, grace and/or cure periods thereunder, shall be an “Event of Default” under the Loan Documents. Upon the occurrence of an Event of Default under this Assignment or any other Loan Documents: (a) Lender may elect to exercise any and all of Borrower’s rights and remedies under the TIF Note, without any interference or objection from Borrower, and Borrower shall cooperate in causing the Authority to comply with all the terms and conditions of the TIF Note; (b) Lender may exercise Borrower’s rights under the TIF Note and perform all acts in the same manner and to the same extent as Borrower is permitted thereunder; (c) Lender may exercise Borrower’s rights under the provisions of the Redevelopment Agreement and perform all acts in the same manner and to the same extent as Borrower is permitted thereunder; (d) with the consent of the Authority approved by official action of the governing bodies of the Authority, Lender may amend the terms of the Redevelopment Agreement and/or the TIF Note, and, at Lender’s sole and absolute election, make concessions to the Authority; and (e) Lender may exercise any of its rights and remedies under the Loan Documents. Section 11. Enforcement by Lender. Subject to the terms and conditions herein, this Assignment may be enforced from time to time by Lender at its discretion, with or without order of any court, as Lender shall determine. Lender shall have no obligation to enforce or continue to enforce this Assignment. Any failure on the part of Lender promptly to exercise any option hereby given or reserved shall not prevent the exercise of any such option at any time thereafter. Lender may pursue and enforce any remedy or remedies accorded it herein independently of, in conjunction or concurrently with, or subsequent to its pursuit and enforcement of any remedy or remedies which it may have under the Loan Documents. Section 12. Protection of Lender’s Security. Lender may, at its option, disburse or pay such sums and take such actions as Lender reasonably deems necessary to protect its interest in the TIF Note and the Redevelopment Agreement. Any amounts so disbursed or paid by Lender shall be added to, and become part of, the principal balance of the Indebtedness, be immediately due and payable and bear interest at the Default Rate from the date of disbursement until fully paid. The provisions of this Section 12 shall 232 Item 7. Collateral Assignment of Tax Increment Revenue Note and Redevelopment Agreement Form 6418 Page 6 Fannie Mae 05-24 © 2024 Fannie Mae not be deemed to obligate or require Lender to incur any expense or take any action. All of the powers herein granted to Lender shall be liberally construed against Borrower. Section 13. No Waiver of Rights by Lender. Nothing herein contained shall be construed as constituting a waiver or suspension by Lender of its right to enforce payment of the debts under the terms of the Loan Documents. Lender is not the agent, partner or joint venturer of Borrower or the Authority. Section 14. Survival. This Assignment shall inure to the benefit of and be binding upon the parties hereto and their successors and assigns. Section 15. Notice. (a) All notices under this Assignment shall be: (1) in writing, and shall be (A) delivered, in person, (B) mailed, postage prepaid, either by registered or certified delivery, return receipt requested, or (C) sent by overnight express courier; (2) addressed to the intended recipient at its respective address set forth in the preamble to this Assignment; and (3) deemed given on the earlier to occur of: (A) the date when the notice is received by the addressee; or (B) if the recipient refuses or rejects delivery, the date on which the notice is so refused or rejected, as conclusively established by the records of the United States Postal Service or such express courier service. (b) Any party to this Assignment may change the address to which notices intended for it are to be directed by means of notice given to the other party in accordance with this Section 15. (c) Any required notice under this Assignment which does not specify how notices are to be given shall be given in accordance with this Section 15. Section 16. Security Agreement. This Assignment constitutes a security agreement under the UCC. Borrower hereby authorizes Lender to file financing statements, continuation statements and financing statement amendments in such form as Lender may require to perfect or continue the perfection of this security interest without the signature of Borrower. If an Event of Default has occurred, Lender shall have the remedies of a secured party under the UCC or otherwise provided at law or in equity, 233 Item 7. Collateral Assignment of Tax Increment Revenue Note and Redevelopment Agreement Form 6418 Page 7 Fannie Mae 05-24 © 2024 Fannie Mae in addition to all remedies provided by this Assignment and in any Loan Document. Lender may exercise any or all of its remedies with respect to the TIF Note and Redevelopment Agreement, separately or together, and in any order, without in any way affecting the availability or validity of Lender’s other remedies. Section 17. Appointment of Lender as Attorney-In-Fact. (a) Borrower hereby irrevocably makes, constitutes, and appoints Lender (and any officer of Lender or any Person designated by Lender for that purpose) as Borrower’s true and lawful proxy and attorney-in-fact (and agent-in-fact) in Borrower’s name, place, and stead, with full power of substitution, solely for the purpose of carrying out the terms of this Assignment, to take any and all appropriate action and to execute any and all documents and instruments that may be necessary or desirable to accomplish the purposes of this Assignment and, without limiting the generality of the foregoing, hereby gives said attorney-in-fact the power and right, on behalf of Borrower, without notice to or assent by Borrower, to, upon the occurrence and during the continuance of an Event of Default generally to sell, transfer, pledge, make any agreement with respect to or otherwise deal with any of the Redevelopment Agreement and TIF Note in such manner as is consistent with the UCC and as fully and completely as though Lender were the absolute owner thereof for all purposes, and to do at Borrower’s expense, at any time, or from time to time, all acts and things which Lender deems necessary to protect, preserve or realize upon the Redevelopment Agreement and TIF Note and Lender’s security interest therein, in order to effect the intent of this Assignment, all as fully and effectively as Borrower might do, including, without limitation, the execution, delivery and recording, in connection with any sale or other disposition of any Redevelopment Agreement and TIF Note, of the endorsements, assignments or other instruments of conveyance or transfer with respect to such Redevelopment Agreement and TIF Note. (b) Borrower hereby acknowledges that the appointment of such proxy and attorney- in-fact is coupled with an interest and is irrevocable and shall not be affected by the disability or incompetence of Borrower. Borrower specifically acknowledges and agrees that this power of attorney granted to Lender may be assigned by Lender to Lender’s successors or assigns as holder of the Note (and the other Loan Documents). The foregoing powers conferred on Lender under this Section 17 shall not impose any duty upon Lender to exercise any such powers and shall not require Lender to incur any expense or take any action. Borrower hereby ratifies and confirms all that such attorney-in-fact may do or cause to be done by virtue of any provision of this Assignment and any other Loan Documents. Section 18. Conflict. In the event of any conflict between the terms of this Assignment and the applicable Loan Documents, the terms and conditions of the Loan Documents shall control. Section 19. Counterparts. This Assignment may be executed in any number of counterparts, each of which shall be considered an original for all purposes; provided, however, that all such counterparts shall constitute one and the same instrument. 234 Item 7. Collateral Assignment of Tax Increment Revenue Note and Redevelopment Agreement Form 6418 Page 8 Fannie Mae 05-24 © 2024 Fannie Mae Section 20. Governing Law; Venue. (a) The validity, enforceability, interpretation, and performance of this Assignment shall be governed by State (as defined in the Security Instrument) law without giving effect to any conflict of law or choice of law rules that would result in the application of the laws of another jurisdiction. (b) In the administration or litigation of a controversy arising under or in relation to this Assignment or the security for the Indebtedness, Borrower consents to the exercise of personal jurisdiction by State (as defined in the Security Instrument) court or federal court in such State. Borrower agrees that the State courts have subject matter jurisdiction over such controversies. If Lender elects to sue in State court, Borrower waives any right to remove to federal court or to contest the State court’s jurisdiction. Borrower waives any objection to venue in any State court or federal court in such State, and covenants and agrees not to assert any objection to venue, whether based on inconvenience, domicile, habitual residence, or other ground. Section 21. Entire Agreement; Amendments and Waivers. The invalidity or unenforceability of any provision of this Assignment shall not affect the validity or enforceability of any other provision of this Assignment, all of which shall remain in full force and effect. This Assignment contains the complete and entire agreement among the parties as to the matters covered, rights granted and the obligations assumed in this Assignment. This Assignment may not be amended or modified except with the prior written consent of Lender. Section 22. Construction. (a) The captions and headings of the sections of this Assignment are for convenience only and shall be disregarded in construing this Assignment. (b) Any reference in this Assignment to an “Exhibit” or “Schedule” or a “Section” or an “Article” shall, unless otherwise explicitly provided, be construed as referring, respectively, to an Exhibit or Schedule attached to this Assignment or to a Section or Article of this Assignment. All Exhibits and Schedules attached to or referred to in this Assignment, if any, are incorporated by reference into this Assignment. (c) Any reference in this Assignment to a statute or regulation shall be construed as referring to that statute or regulation as amended from time to time. (d) Use of the singular in this Assignment includes the plural and use of the plural includes the singular. (e) As used in this Assignment, the term “including” means “including, but not limited to” or “including, without limitation,” and is for example only and not a limitation. (f) Unless otherwise provided in this Assignment, if Lender’s approval, designation, determination, selection, estimate, action or decision is required, permitted or contemplated hereunder, such approval, designation, determination, selection, estimate, action or decision shall be made in Lender’s sole and absolute discretion. 235 Item 7. Collateral Assignment of Tax Increment Revenue Note and Redevelopment Agreement Form 6418 Page 2 Fannie Mae 05-24 © 2024 Fannie Mae (g) All references in this Assignment to a separate instrument or agreement shall include such instrument or agreement as the same may be amended or supplemented from time to time pursuant to the applicable provisions thereof. [Remainder of Page Intentionally Blank] 236 Item 7. Collateral Assignment of Tax Increment Revenue Note and Redevelopment Agreement Form 6418 Page S-1 Fannie Mae 05-24 © 2024 Fannie Mae IN WITNESS WHEREOF, Borrower has caused this Assignment to be executed as of the day and year first above written. BORROWER: BPOZ COLUMBIA HEIGHTS, LLC, a Delaware limited liability company By: ______________________________________ Robert C. Lux Authorized Signatory STATE OF ______________________, _______________ County, ss: The foregoing instrument was acknowledged before me in the above-stated jurisdiction this _____ day of _______________, 2025 by Robert C. Lux who is Authorized Signatory of BPOZ Columbia Heights, LLC, a Delaware limited liability company, for and on behalf of the limited liability company. __________________________________________ Notary Public My commission expires: ________________ 237 Item 7. Collateral Assignment of Tax Increment Revenue Note and Redevelopment Agreement Form 6418 Page A-1 Fannie Mae 05-24 © 2024 Fannie Mae EXHIBIT A [DESCRIPTION OF MORTGAGED PROPERTY] 238 Item 7. Increment Principal Principal City Yrs. Received Obligation Payment Payment Due Paid Period Balance Balance Portion Mth. Yr. 0.0 - 9,550,000.00 95.00%- - - 9,550,000.00 5.00% 0.5 116,830.01 110,988.51 - 688,395.83 110,988.51 577,407.32 577,407.32 10,127,407.32 5,841.50 1-Aug 2023 1.0 117,959.33 112,061.36 - 189,888.89 112,061.36 77,827.53 655,234.85 10,127,407.32 5,897.97 1-Feb 2024 1.5 404,497.31 384,272.44 - 189,888.89 384,272.44 (194,383.55) 460,851.30 10,127,407.32 20,224.87 1-Aug 2024 2.0 404,497.31 384,272.44 - 189,888.89 384,272.44 (194,383.55) 266,467.75 10,127,407.32 20,224.87 1-Feb 2025 2.5 404,497.31 384,272.44 - 189,888.89 384,272.44 (194,383.55) 72,084.20 10,127,407.32 20,224.87 1-Aug 2025 3.0 404,497.31 384,272.44 108,089.74 189,888.89 276,182.70 (86,293.81) (14,209.61) 10,019,317.58 20,224.87 1-Feb 2026 3.5 404,497.31 384,272.44 210,619.85 187,862.20 187,862.20 - (14,209.61) 9,808,697.74 20,224.87 1-Aug 2026 4.0 404,497.31 384,272.44 214,568.97 183,913.08 183,913.08 - (14,209.61) 9,594,128.77 20,224.87 1-Feb 2027 4.5 404,497.31 384,272.44 204,382.53 179,889.91 179,889.91 - (14,209.61) 9,389,746.24 20,224.87 1-Aug 2027 5.0 404,497.31 384,272.44 208,214.70 176,057.74 176,057.74 - (14,209.61) 9,181,531.54 20,224.87 1-Feb 2028 5.5 404,497.31 384,272.44 212,118.72 172,153.72 172,153.72 - (14,209.61) 8,969,412.82 20,224.87 1-Aug 2028 6.0 404,497.31 384,272.44 216,095.95 168,176.49 168,176.49 - (14,209.61) 8,753,316.87 20,224.87 1-Feb 2029 6.5 404,497.31 384,272.44 220,147.75 164,124.69 164,124.69 - (14,209.61) 8,533,169.12 20,224.87 1-Aug 2029 7.0 404,497.31 384,272.44 224,275.52 159,996.92 159,996.92 - (14,209.61) 8,308,893.60 20,224.87 1-Feb 2030 7.5 404,497.31 384,272.44 228,480.68 155,791.76 155,791.76 - (14,209.61) 8,080,412.92 20,224.87 1-Aug 2030 8.0 404,497.31 384,272.44 232,764.70 151,507.74 151,507.74 - (14,209.61) 7,847,648.22 20,224.87 1-Feb 2031 8.5 404,497.31 384,272.44 237,129.04 147,143.40 147,143.40 - (14,209.61) 7,610,519.18 20,224.87 1-Aug 2031 9.0 404,497.31 384,272.44 241,575.21 142,697.23 142,697.23 - (14,209.61) 7,368,943.97 20,224.87 1-Feb 2032 9.5 404,497.31 384,272.44 246,104.74 138,167.70 138,167.70 - (14,209.61) 7,122,839.23 20,224.87 1-Aug 2032 10.0 404,497.31 384,272.44 250,719.20 133,553.24 133,553.24 - (14,209.61) 6,872,120.03 20,224.87 1-Feb 2033 10.5 404,497.31 384,272.44 255,420.19 128,852.25 128,852.25 - (14,209.61) 6,616,699.84 20,224.87 1-Aug 2033 11.0 404,497.31 384,272.44 260,209.32 124,063.12 124,063.12 - (14,209.61) 6,356,490.52 20,224.87 1-Feb 2034 11.5 404,497.31 384,272.44 265,088.24 119,184.20 119,184.20 - (14,209.61) 6,091,402.28 20,224.87 1-Aug 2034 12.0 404,497.31 384,272.44 270,058.65 114,213.79 114,213.79 - (14,209.61) 5,821,343.63 20,224.87 1-Feb 2035 12.5 404,497.31 384,272.44 275,122.25 109,150.19 109,150.19 - (14,209.61) 5,546,221.38 20,224.87 1-Feb 2035 13.0 404,497.31 384,272.44 280,280.79 103,991.65 103,991.65 - (14,209.61) 5,265,940.59 20,224.87 1-Feb 2036 13.5 404,497.31 384,272.44 285,536.05 98,736.39 98,736.39 - (14,209.61) 4,980,404.54 20,224.87 1-Feb 2036 14.0 404,497.31 384,272.44 290,889.85 93,382.59 93,382.59 - (14,209.61) 4,689,514.69 20,224.87 1-Feb 2037 14.5 404,497.31 384,272.44 296,344.04 87,928.40 87,928.40 - (14,209.61) 4,393,170.65 20,224.87 1-Feb 2037 15.0 404,497.31 384,272.44 301,900.49 82,371.95 82,371.95 - (14,209.61) 4,091,270.16 20,224.87 1-Feb 2038 15.5 404,497.31 384,272.44 307,561.12 76,711.32 76,711.32 - (14,209.61) 3,783,709.04 20,224.87 1-Feb 2038 16.0 404,497.31 384,272.44 313,327.90 70,944.54 70,944.54 - (14,209.61) 3,470,381.14 20,224.87 1-Feb 2039 16.5 404,497.31 384,272.44 319,202.79 65,069.65 65,069.65 - (14,209.61) 3,151,178.35 20,224.87 1-Feb 2039 17.0 404,497.31 384,272.44 325,187.85 59,084.59 59,084.59 - (14,209.61) 2,825,990.50 20,224.87 1-Feb 2040 17.5 404,497.31 384,272.44 331,285.12 52,987.32 52,987.32 - (14,209.61) 2,494,705.38 20,224.87 1-Feb 2040 18.0 404,497.31 384,272.44 337,496.71 46,775.73 46,775.73 - (14,209.61) 2,157,208.67 20,224.87 1-Feb 2041 18.5 404,497.31 384,272.44 343,824.78 40,447.66 40,447.66 - (14,209.61) 1,813,383.89 20,224.87 1-Feb 2041 19.0 404,497.31 384,272.44 350,271.49 34,000.95 34,000.95 - (14,209.61) 1,463,112.40 20,224.87 1-Feb 2042 19.5 404,497.31 384,272.44 356,839.08 27,433.36 27,433.36 - (14,209.61) 1,106,273.32 20,224.87 1-Feb 2042 20.0 404,497.31 384,272.44 363,529.82 20,742.62 20,742.62 - (14,209.61) 742,743.50 20,224.87 1-Feb 2043 20.5 404,497.31 384,272.44 370,346.00 13,926.44 13,926.44 - (14,209.61) 372,397.50 20,224.87 1-Feb 2043 21.0 404,497.31 379,379.95 372,397.50 6,982.45 6,982.45 - (14,209.61) 0.00 25,117.36 1-Feb 2044 16,414,681.74 15,589,054.98 10,127,407.32 5,475,857.26 5,490,066.87 (14,209.61) 825,626.76 Parcel Numbers Note expires 02/01/2045 36-30-24-32-0110 36-30-24-32-0261 36-30-24-32-0258 Interest starts as of 09/08/2021 36-30-24-32-0262 Interest through 2/1/23 is accrued and added to principle. Simple interst after that. 36-30-24-32-0078 36-30-24-32-0259 Frozen Rate P2020 125.928% BPOZ Columbia Heights LLC NE Business Center - Alatus (BB2) Dated: September 8, 2021 3.75% Period Interest** Unpaid Interest Payment Date Prepared by 2024 2nd Half Pay as you go calc Alatus NE Bus. Center (BB2) 239 Item 7. 240 Item 7. 241 Item 7. 242 Item 7. 243 Item 7. 244 Item 7. 245 Item 7. 246 Item 7. 247 Item 7. 248 Item 7. 249 Item 7. 250 Item 7. 251 Item 7. 252 Item 7. 253 Item 7. 254 Item 7. 255 Item 7. 256 Item 7. 257 Item 7. 258 Item 7. 259 Item 7. 260 Item 7. 261 Item 7. 262 Item 7. 263 Item 7. 264 Item 7. 265 Item 7. 266 Item 7. 267 Item 7. 268 Item 7. 269 Item 7. 270 Item 7. 271 Item 7. 272 Item 7. 273 Item 7. 274 Item 7. 275 Item 7. 276 Item 7. 277 Item 7. 278 Item 7. 279 Item 7. 280 Item 7. 281 Item 7. 282 Item 7. 283 Item 7. 284 Item 7. 285 Item 7. 286 Item 7. 287 Item 7. 288 Item 7. 289 Item 7. 290 Item 7. 291 Item 7. 292 Item 7. 293 Item 7. 294 Item 7. 295 Item 7. 296 Item 7. 297 Item 7. 298 Item 7. 299 Item 7. 300 Item 7. 301 Item 7. 302 Item 7. 303 Item 7. 304 Item 7. 305 Item 7. 306 Item 7. 307 Item 7. 308 Item 7. 309 Item 7. 310 Item 7. 311 Item 7. 312 Item 7. ITEM: Renew Microsoft O365 Contract and Award to New Vendor DEPARTMENT: Information Technology BY/DATE: Jesse Hauf, IT Director / Feb, 18, 2025 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 2022, the City of Columbia Heights entered into a three-year agreement for an annual subscription to Microsoft Office 365 (O365). As the contract approaches renewal, staff is seeking approval to continue the subscription to ensure uninterrupted access to essential productivity and collaboration tools. Microsoft O365 is a cloud-based productivity suite that provides secure and sca lable solutions for workplace collaboration, communication and document management. Some benefits include:  OneDrive: A cloud storage solution that allows employees to securely store, access, and share files from any device. OneDrive enhances mobility and reduces the risk of data loss by ensuring documents are backed up and easily retrievable.  SharePoint: A document management and collaboration platform that enables teams to create, store, and manage shared files in a structured environment. SharePoint impr oves departmental coordination by centralizing information, reducing email clutter, and ensuring document version control.  Teams: A real-time communication and collaboration tool that integrates messaging, video conferencing, and file sharing. Teams enhances internal and external communication, supports virtual meetings, and provides a unified platform for City staff to collaborate effectively. Continuing the O365 subscription ensures the City remains secure, compliant, and operationally efficient, while also enabling staff to work seamlessly from multiple locations. The renewal aligns with the City’s long- term technology plan and commitment to its mobile-first initiative. SUMMARY OF CURRENT STATUS The City of Columbia Heights originally purchased its Microsoft O365 subscription from SHI in 2022 under a three-year agreement. As part of the upcoming renewal, the City has chosen to transition its O365 licensing procurement to Dell Marketing due to better pricing and improved ease of communication. CITY COUNCIL MEETING AGENDA SECTION CONSENT AGENDA MEETING DATE 02/24/2025 313 Item 8. City of Columbia Heights - Council Letter Page 2 Since the initial contract, Microsoft has implemented a 15% price increase on per -user licensing, impacting overall subscription costs. Additionally, the City has expanded its licensing to accommodate growing operational needs, including:  Additional User Licensing: Supporting new staff and ensuring proper access across departments.  Teams Rooms Licensing: Enabling seamless virtual meetings and collaboration capabilities in conference rooms at City Hall and Public Safety.  Additional Storage Licensing: Expanding capacity for SharePoint to meet increased document storage demands. Cost Summary:  Annual per staff member licensing cost is $258.04.  Annual total licensing cost is $43,966.82 and has been budgeted by various departments.  Total 3-year contract agreement is $131,900.47 This renewal ensures the City continues to benefit from Microsoft’s cloud-based productivity suite while maintaining flexibility and scalability to support operational growth and evolving technology needs. STAFF RECOMMENDATION Staff recommends approving the agreement renewal through the new vendor Dell Marketing at $43,966.82 annually for an additional 3-year term. RECOMMENDED MOTION(S): MOTION: Move to approve the renewal of Microsoft Office 365 software for an additional 3-year term at an annual cost of $43,966.82 through Dell Marketing. ATTACHMENT(S): 20250212_Dell_O365_Renewal 314 Item 8. Dell Customer Communication - Confidential# Sarah Woodring Sarah.Woodring@Dell.com 737-227-1548 Customer: City of Columbia Heights Date of Issue:2/12/2025 Microsoft Enterprise Agreement (EA) #: 79568519 Quote Expires:2/28/2025 Contract: NASPO (C000001064541) Product Description Mfg#Quantity Price per Mth Annual Ext. Price Exchange Online P1 GCC Sub Per User 3MS-00001 5 3.02$ 36.24$ 181.20$ Teams Premium Introductory Pricing GCC Sub Per User WFK-00004 3 10.09$ 121.08$ 363.24$ Power Automate GCC Sub Per User SFR-00001 1 13.32$ 159.84$ 159.84$ Teams Rooms Pro GCC Sub Per Device VA1-00001 1 35.51$ 426.12$ 426.12$ O365 G3 GCC Sub Per User AAA-11894 165 20.42$ 245.04$ 40,431.60$ EMS G5 GCC Sub Per User MQY-00001 1 14.46$ 173.52$ 173.52$ O365 Extra File Storage GCC Sub Add-on Extra Storage 1 GB M9T-00002 1024 0.18$ 2.18$ 2,231.30$ Total - Year 1 Payment $43,966.82 Exchange Online P1 GCC Sub Per User 3MS-00001 5 3.02$ $36.24 $181.20 Teams Premium Introductory Pricing GCC Sub Per User WFK-00004 3 10.09$ $121.08 $363.24 Power Automate GCC Sub Per User SFR-00001 1 13.32$ $159.84 $159.84 Teams Rooms Pro GCC Sub Per Device VA1-00001 1 35.51$ $426.12 $426.12 O365 G3 GCC Sub Per User AAA-11894 165 20.42$ $245.04 $40,431.60 EMS G5 GCC Sub Per User MQY-00001 1 14.46$ $173.52 $173.52 O365 Extra File Storage GCC Sub Add-on Extra Storage 1 GB M9T-00002 1024 0.18$ $2.18 $2,231.30 Total - Year 2 Payment $43,966.82 Exchange Online P1 GCC Sub Per User 3MS-00001 5 3.02$ $36.24 $181.20 Teams Premium Introductory Pricing GCC Sub Per User WFK-00004 3 10.09$ $121.08 $363.24 Power Automate GCC Sub Per User SFR-00001 1 13.32$ $159.84 $159.84 Teams Rooms Pro GCC Sub Per Device VA1-00001 1 35.51$ $426.12 $426.12 O365 G3 GCC Sub Per User AAA-11894 165 20.42$ $245.04 $40,431.60 EMS G5 GCC Sub Per User MQY-00001 1 14.46$ $173.52 $173.52 O365 Extra File Storage GCC Sub Add-on Extra Storage 1 GB M9T-00002 1024 0.18$ $2.18 $2,231.30 Total - Year 3 Payment $43,966.82 TOTAL - 3 Year Agreement $131,900.47 Notes: Quote prepared by: Chris A Johnson Section 1- Licenses and Software Assurance 315 Item 8. ITEM: Renew Connect Anoka County Internet Services Agreement DEPARTMENT: Information Technology BY/DATE: Jesse Hauf, IT Director / Feb, 18, 2025 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 2011, Anoka County partnered with Zayo Communications to leverage funding from the American Recovery and Reinvestment Act (ARRA) to expand fiber broadband connectivity throughout the county. As part of this initiative, government entities in Anoka County were given the opportunity to opt in for fiber optic connections at their respective facilities. The City of Columbia Heights participated in this program, establishing fiber connectivity at several key locations. Currently, Columbia Heights utilizes Connect Anoka County services to maintain dedicated fiber optic connections at the following locations:  Public Safety Building ↔ Andover – Supporting legacy backup services.  Public Safety Building ↔ Water Tower – Enabling security, monitoring and meter reading operations. This fiber infrastructure continues to provide stable and high-speed connectivity for essential municipal services. SUMMARY OF CURRENT STATUS The City of Columbia Heights has executed an agreement with Anoka County to participate in Connect Anoka County, with the current agreement set to expire on Au gust 16, 2025. A final five-year renewal term is available upon written notice from both parties, which must be submitted no later than February 16, 2025 (180 days before expiration). Anoka County has expressed its desire to renew the agreement with Columb ia Heights, incorporating updated fees and service tiers for connected sites. Since the program's inception, connectivity fees have remained unchanged. However, to support network enhancements and increased demand, the Anoka County Board approved new fees , which took effect on January 1, 2025. These updated fees are outlined in the “Connect Anoka County – Fee Schedule.” Following the contract renewal on August 16, 2025, the annual fees for connectivity at the Public Safety Building and Water Tower will be $2,700 annually. CITY COUNCIL MEETING AGENDA SECTION CONSENT AGENDA MEETING DATE 02/24/2025 316 Item 9. City of Columbia Heights - Council Letter Page 2 Staff has confirmed that should the City choose to discontinue these services at any point within the five -year renewal term, it may do so without cause by providing 180 days' written notice. While connectivity may be terminated after 60 days, an additional 120 days is allocated to ensure a complete disconnection and the removal of related equipment. STAFF RECOMMENDATION Staff recommends approving the agreement renewal with Anoka County at $2700 annually for an additional 5- year term. RECOMMENDED MOTION(S): MOTION: Move to approve the renewal of Connect Anoka County services for an additional 5-year term at an annual cost of $2,700.00. ATTACHMENT(S): Connect Anoka County – Letter of Intent Connect Anoka County – Fee Schedule 317 Item 9. Respectful, Innovative, Fiscally Responsible Government Center  2100 3rd Avenue  Anoka, MN 55303-5029  www.anokacountymn.gov January 22, 2025 Kelli Bourgeois City of Columbia Heights 590 40th Ave NE Columbia Heights, MN 55421 Re: Connect Anoka County Connectivity Services Dear Kelli Bourgeois, The City of Columbia Heights has executed an Agreement with the County of Anoka to participate in Connect Anoka County. The term of the current Agreement expires on August 16, 2025, with a possible final 5-year renewal term upon written notice from both parties. The written notice needs to be made no less than 180 days prior to expiration, which is February 16, 2025. The County desires to renew the Agreement with the City of Columbia Heights with updates to the fees and tiers of service for connected sites. In 2023, the Anoka County Board of Commissioners approved new fees for connectivity services. New Connectivity Service Fees: Tier Connectivity Size Demand Definition Connectivity Service Fee 1 100mb Low Low demand sites requiring minimal bandwidth such as building automation or site monitoring equipment. $150 2 1GB Standard Medium to heavy demand sites with surveillance cameras, user traffic and time sensitive applications. $600 3 10GB High Very high demand sites used for datacenter client- server and backup traffic. $1,000 We recommended certain tiers of service based on average usage at city halls, police stations etc. However, your experiences and usage may vary based on your individual patterns and situations. The goal of this communication is to determine the intent of the City of Columbia Heights to continue with Connect Anoka County and at what tier of service. If you wish to continue participating in Connect Anoka County, you must complete the following questionnaire and return in the postage-paid envelope by February 17, 2025. If you have questions or concerns, please contact connectanokacounty@anokacountymn.gov. Thank you for your continued support of this program. Sincerely, Vijay Naravane Carl Erickson Chief Information Officer Assistant Anoka County Attorney 763-324-4102 763-324-5514 Vijay.naravane@anokacountymn.gov carl.erickson@anokacountymn.gov Attachments 318 Item 9. QUESTIONNAIRE: Please complete this questionnaire and return using the enclosed postage-paid envelope, or email to ConnectAnokaCounty@anokacountymn.gov by February 17, 2025. OWNER: The City of Columbia Heights We, the City of Columbia Heights indicate below our intentions for adding, dropping or continuing broadband services and at what tier of service through Connect Anoka County for the following: Sites with Service: Site/s Continue with Service Drop Service 63 – Public Safety Center (PSC)   65 – Columbia Heights Water Tower / Radio Tower   Connectivity Tier/s: Continue with Continue with Desired Tier Site/s Current Tier Proposed Tier TBD_____ 63 – Public Safety Center (PSC)  T1-100MB  T1-100MB  65 – Columbia Heights Water Tower / Radio Tower  T1-100MB  T1-100MB  If you need additional time to determine the desired tier level, please indicate your desired tier level by March 31, 2025. Kindly note that selecting a tier lower than the one suitable for your site may result in reduced speeds and/or performance issues due to the enforcement of bandwidth limits associated with the chosen service tier. We wish to discuss adding service to: _______________________________________________________________________________________________ Comments: _______________________________________________________________________________________________ ________________________________________ Printed Name ________________________________________ Title ________________________________________ Signature _________________ Date 319 Item 9. Anoka County COUNTY ADMINISTRATION Information Technology January 7, 2025 Kelli Bourgeois City of Columbia Heights 590 40th Ave NE Columbia Heights, MN 55421 Connect Anoka County is a cooperative project between Anoka County and Zayo Bandwidth of Colorado . A federal grant was awarded 13 years ago from the American Recovery and Reinvestment Act (ARRA) to expand broadband connectivity across the county. This 286-mile fiber optic backbone connects police, fire, public works, libraries, K-12 schools, colleges, city and town halls and community buildings. This high-speed broadband data infrastructure is essential. By leveraging federal grant funds, Anoka County was able to jumpstart this important economic development tool to stimulate our local economy . Improvements made over the last four years increased the ability for Anoka County to provide constant and consistent connections supporting the growing demand of video streaming, cloud computing and any other data intensive activities. Your Connectivity Service Fees for internet costs have remained the same since the inception of this program . Given the increased demand of these services and the level they need to be provided at, the Anoka County Board approved new fees that take effect January 1, 2025 . The new rates are competitive with current commercial connectivity rates and will enable Anoka County to continue providing fast, reliable, and secure broadband connectivity to community anchor institutions at a competitive price both now and in the future. Timeline: January 1, 2025 January 2025 February 16, 2025 April 2025 August 16, 2025 New rates go into effect. Anoka County will send letters of intent to renew the Connectivity Services Agreement. Deadline to provide written notice of intent to renew. Anoka County will send draft renewal amendments. Expiration of connectivity services, if not renewed . New Connectivity Service Fees described. Connectivity Connectivity Tier Size Demand Definition Site Type Examples Service Fee 1 lO0mb Low Low demand sites requiring minimal Water Towers $150 bandwidth such as building Treatment Plants automation or site monitoring Public Works equipment. Fire Stations 2 1GB Standard Medium to heavy demand sites with City Halls $600 surveillance cameras, user traffic and Community Centers time sensitive applications. Police Stations 3 10GB High Very high demand sites used for $1,000 datacenter client-server and backup traffic. 320 Item 9. We have identified the appropriate tiers for your sites . Listed below are the proposed Connect iv ity Service Fee tota l charges by site . Green highlighted ind icates a sha r ed location; site 65 fees are split be.t ween Co lumbia Heights and Anoka. Current Proposed It• ff Own•r Name Stl• N ■m• Tlar Conn•ctlvl Month! Fit• Ann1.11I f•• Tier Connac:tlvtt Monthl F • Annual Fee F•• lncreHe 63 Ci t y of Columbia Helght5 Public Sa f ety Cen t er (PSC) 65 City o f Columbl• Heights Co lumbia Heights W ater Tower I Radio Tower 100M lOOM 75,00 37 ,50 900,00 1,550 .00 100M 100M 150.00 1,800 .00 75 .00 900 .00 900.00 450,00 . 2,100.00 1,,so.00 The old rates will continue until the end of your current contract, August 16, 2025, at which time the new rates w ill take effect. If you have questions or concerns with the tier level you've been assigned , please contact ConnectAnokaCounty@anokacountymn .gov. Thank you for your continued support of this program . A I Anoka County .a I I NFORMA T I O N TECHNOL O G Y 321 Item 9. ITEM: License Agenda. DEPARTMENT: Community Development BY/DATE: Sarah LaVoie 02/18/2025 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 Attached is the business license agenda for February 24th, 2025, City Council meeting. This agenda consists of applications for 2025: Contractor licenses and Off Site Gambling for the Columbia Heights Athletic Boosters. At the top of the license agenda there is a phrase stating "*Signed Waiver Form accompanied application", noting that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. STAFF RECOMMENDATION RECOMMENDED MOTION(S): MOTION: Move to approve the items as listed on the business license agenda for February 24th, 2025, as presented. ATTACHMENT(S): 1. License Agenda 02/24/2025 CITY COUNCIL MEETING AGENDA SECTION CONSENT AGENDA MEETING DATE 02/24/2025 322 Item 10. TO CITY COUNCIL February 24th, 2025 *Signed Waiver Form accompanied application CONTRACTORS-2025 *SOUTHTOWN INC 6325 WELCOME AVE N BROOKLYN PARK MN 55429 $80 *AIR DESIGN 3131 228TH LANE NW BETHEL MN 55005 $80 CHARITABLE GAMBLING-2025 *COLUMBIA HEIGHTS ATHLETIC BOOSTERS 03/22/2025 530 MILL STREET NE COLUMBIA HEIGHTS MN 55421 $0 323 Item 10. ITEM: Rental Occupancy Licenses for Approval DEPARTMENT: Fire Department BY/DATE: Fire Chief Dan O’Brien / Feb. 24, 2025 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 BACKGROUND: Consideration of approval of attached list of rental housing license applications. RECOMMENDED MOTION: MOTION: Move to approve the items listed for rental housing license applications for February 24, 2025, in that they have met the requirements of the Property Maintenance Code. ATTACHMENT: Rental Occupancy Licenses for Approval – 2-24-25 CITY COUNCIL MEETING AGENDA SECTION CONSENT MEETING DATE FEBRUARY 24, 2025 324 Item 11. 325 Item 11. ITEM: Review of Bills. DEPARTMENT: Finance Department BY/DATE: February 24, 2025 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 X Trusted and Engaged Leadership _Thriving and Vibrant Destination Community _Strong Infrastructure and Public Services _Sustainable BACKGROUND The Finance Department prepares a list of all payments made for approval of the Council. STAFF RECOMMENDATION Approve payments since previous City Council Meeting. RECOMMENDED MOTION(S): MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City Council has reviewed the enclosed list to claims paid by check and by electronic funds transfer in the amount of $2,169,207.78. ATTACHMENT(S): List of Claims CITY COUNCIL MEETING AGENDA SECTION CONSENT AGENDA MEETING DATE FEBRUARY 24, 2025 326 Item 12. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 1/35Page : 02/20/2025 11:25 AM User: heathers DB: Columbia Heights CHECK DATE FROM 02/07/2025 - 02/20/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 2,135.30 609.0000.14500020425 INVARTISAN BEER COMPANY37442011956(A)MAIN02/13/2025 321.20 609.0000.14500013125 INV37438191956(A) 607.70 609.0000.14500013125 INV37438181956(A) 3,064.20 3,479.50 609.0000.14500020525 INV/DELBELLBOY CORPORATION02066590001957(A)MAIN02/13/2025 2,891.95 609.0000.14500012925 INV/DEL02065687001957(A) 2,509.95 609.0000.14500012925 INV/DEL02065688001957(A) 840.00 609.0000.14500020525 INV/DEL02066420001957(A) (234.00)609.0000.14500013125 INV/DEL02066160001957(A) 30.00 609.9791.42199020525 INV/DEL02066590001957(A) 54.50 609.9791.42199012925 INV/DEL02065687001957(A) 14.00 609.9791.42199020525 INV/DEL02066420001957(A) 48.50 609.9792.42199012925 INV/DEL02065688001957(A) (4.95)609.9792.42199013125 INV/DEL02066160001957(A) 9,629.45 179.20 609.0000.14500020425 INV 700297782BREAKTHRU BEVERAGE MN BEER LLC1198714601958(A)MAIN02/13/2025 3,225.78 609.0000.14500012825 INV 7002977821197615361958(A) 10,384.22 609.0000.14500012125 INV 7002977171196670351958(A) 204.00 609.0000.14500013125 INV 7002977171198424991958(A) 13,078.30 609.0000.14500012825 INV 7002977171197630911958(A) 2,399.65 609.0000.14500012125 INV 7002977821196656301958(A) 318.00 609.0000.14500020425 INV 7002977171198727411958(A) 33.85 609.0000.14500020425 INV 7002977171198727391958(A) (108.00)609.0000.14500013025 INV 7002977824132055141958(A) (13.85)609.0000.14500012725 INV 7002977174131950491958(A) (7.69)609.0000.14500012725 INV 7002977174131950501958(A) (2.29)609.0000.14500012725 INV 7002977174131950511958(A) (6.92)609.0000.14500012725 INV 7002977174131950521958(A) (81.95)609.0000.14500012925 INV 7002977174131998231958(A) (52.40)609.0000.14500013025 INV 7002977174132055131958(A) (71.70)609.0000.14500012925 INV 7002977824131998271958(A) 29,478.20 1,204.00 609.0000.14500013125 INV/DEL 700297736BREAKTHRU BEVERAGE MN W&S LLC1198450941959(A)MAIN02/13/2025 1,541.98 609.0000.14500013125 INV/DEL 7002977361198450951959(A) 1,625.00 609.0000.14500013125 INV/DEL 702977361198450931959(A) 1,409.90 609.0000.14500013125 INV/DEL 7002977361198450961959(A) 1,690.95 609.0000.14500013125 INV/DEL 7002977171198450901959(A) 1,384.00 609.0000.14500013125 INV/DEL 7002977171198450921959(A) 812.00 609.0000.14500013125 INV/DEL 7002977171198450891959(A) 49.50 609.0000.14500013125 INV/DEL 7002977171198450911959(A) 327 Item 12. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 2/35Page : 02/20/2025 11:25 AM User: heathers DB: Columbia Heights CHECK DATE FROM 02/07/2025 - 02/20/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 206.52 609.0000.14500013125 INV/DEL 7002977171198450881959(A) 537.50 609.0000.14500013125 INV/DEL 7002977821198450981959(A) 187.50 609.0000.14500013125 INV/DEL 7002977821198450991959(A) 231.45 609.0000.14500013125 INV/DEL 7002977821198451001959(A) 23.00 609.9791.42199013125 INV/DEL 7002977171198450901959(A) 17.25 609.9791.42199013125 INV/DEL 7002977171198450921959(A) 12.65 609.9791.42199013125 INV/DEL 7002977171198450891959(A) 1.15 609.9791.42199013125 INV/DEL 7002977171198450911959(A) 4.60 609.9791.42199013125 INV/DEL 7002977171198450881959(A) 17.25 609.9792.42199013125 INV/DEL 7002977361198450941959(A) 9.20 609.9792.42199013125 INV/DEL 7002977361198450951959(A) 34.50 609.9792.42199013125 INV/DEL 702977361198450931959(A) 29.90 609.9792.42199013125 INV/DEL 7002977361198450961959(A) 28.75 609.9793.42199013125 INV/DEL 7002977821198450981959(A) 3.45 609.9793.42199013125 INV/DEL 7002977821198450991959(A) 5.75 609.9793.42199013125 INV/DEL 7002977821198451001959(A) 11,067.75 1,955.65 609.0000.14500020525 INV CAPITOL BEVERAGE SALES LP30932411960(A)MAIN02/13/2025 1,606.45 609.0000.14500020625 INV30938501960(A) 4,385.10 609.0000.14500012925 INV30904011960(A) 8,012.90 609.0000.14500020525 INV30931991960(A) (20.80)609.0000.14500020625 INV30938491960(A) (4.00)609.0000.14500020625 INV30938471960(A) (120.80)609.0000.14500012925 INV30903991960(A) 15,814.50 86.79 101.3170.42171FLAP DISC, CUT OFF WHEELCENTRAL MCGOWAN00009404891961(A)MAIN02/13/2025 164.21 701.9950.42175COFFEE SUPPLIES - PWFIRST CHOICE COFFEE SERVICE0346851962(A)MAIN02/13/2025 128.00 609.0000.14500012525 INV/DELJOHNSON BROTHERS LIQUOR CO.27152941963(A)MAIN02/13/2025 128.00 609.0000.14500012525 INV/DEL27152861963(A) 1,242.15 609.0000.14500020525 INV/DEL27224801963(A) 153.00 609.0000.14500020625 INV/DEL27236081963(A) 180.00 609.0000.14500020625 INV/DEL27236091963(A) 2,229.00 609.0000.14500020625 INV/DEL27236101963(A) 5,350.45 609.0000.14500020525 INV/DEL27224811963(A) 4,620.30 609.0000.14500013025 INV/DEL27188211963(A) 88.00 609.0000.14500013025 INV/DEL27188201963(A) 992.00 609.0000.14500013025 INV/DEL27188181963(A) 945.49 609.0000.14500013025 INV/DEL27188171963(A) 285.50 609.0000.14500013025 INV/DEL27188161963(A)328 Item 12. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 3/35Page : 02/20/2025 11:25 AM User: heathers DB: Columbia Heights CHECK DATE FROM 02/07/2025 - 02/20/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 252.00 609.0000.14500012925 INV/DEL27176271963(A) 400.00 609.0000.14500012925 INV/DEL27176261963(A) 324.00 609.0000.14500012925 INV/DEL27176241963(A) 207.15 609.0000.14500012925 INV/DEL27176221963(A) 819.00 609.0000.14500012925 INV/DEL27176211963(A) 2,587.50 609.0000.14500012925 INV/DEL27176201963(A) 1,139.66 609.0000.14500012925 INV/DEL27176171963(A) 518.00 609.0000.14500013125 INV/DEL27199911963(A) 1,268.00 609.0000.14500013125 INV/DEL27199901963(A) 940.00 609.0000.14500013125 INV/DEL27199881963(A) 396.00 609.0000.14500012925 INV/DEL27176281963(A) 93.00 609.0000.14500012925 INV/DEL27176191963(A) 908.00 609.0000.14500013125 INV/DEL27199921963(A) 108.00 609.0000.14500013125 INV/DEL27199931963(A) 935.00 609.0000.14500013125 INV/DEL27199941963(A) 334.00 609.0000.14500013125 INV/DEL27199971963(A) 192.00 609.0000.14500013125 INV/DEL27199961963(A) 762.00 609.0000.14500013125 INV/DEL27199951963(A) 48.00 609.0000.14500013125 INV/DEL27199891963(A) 4,589.60 609.0000.14500013025 INV/DEL27188281963(A) 107.50 609.0000.14500013025 INV/DEL27188261963(A) 208.00 609.0000.14500013025 INV/DEL27188271963(A) 285.50 609.0000.14500013025 INV/DEL27188241963(A) 1,088.00 609.0000.14500013025 INV/DEL27188231963(A) 872.76 609.0000.14500013025 INV/DEL27188221963(A) 45.05 609.0000.14500013025 INV/DEL27188191963(A) 300.00 609.0000.14500012925 INV/DEL27176321963(A) 859.50 609.0000.14500012925 INV/DEL27176311963(A) 2,587.50 609.0000.14500012925 INV/DEL27176301963(A) 144.00 609.0000.14500012925 INV/DEL27176291963(A) 186.00 609.0000.14500012925 INV/DEL27176181963(A) 1,170.00 609.0000.14500013125 INV/DEL27204091963(A) (8.30)609.0000.14500013125 INV/DEL1239261963(A) (57.00)609.0000.14500013025 INV1237041963(A) (24.86)609.0000.14500013025 INV1237031963(A) 1.52 609.9791.42199012525 INV/DEL27152861963(A) 1.40 609.9791.42199012925 DEL27176231963(A) 7.70 609.9791.42199020525 INV/DEL27224801963(A) 1.40 609.9791.42199020625 INV/DEL27236081963(A) 4.20 609.9791.42199020625 INV/DEL27236091963(A) 14.47 609.9791.42199020625 INV/DEL27236101963(A) 35.35 609.9791.42199020525 INV/DEL27224811963(A)329 Item 12. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 4/35Page : 02/20/2025 11:25 AM User: heathers DB: Columbia Heights CHECK DATE FROM 02/07/2025 - 02/20/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 42.00 609.9791.42199013025 INV/DEL27188211963(A) 1.40 609.9791.42199013025 INV/DEL27188201963(A) 15.40 609.9791.42199013025 INV/DEL27188181963(A) 19.60 609.9791.42199013025 INV/DEL27188171963(A) 1.40 609.9791.42199013025 INV/DEL27188161963(A) 8.40 609.9791.42199012925 INV/DEL27176271963(A) 9.80 609.9791.42199012925 INV/DEL27176261963(A) 7.00 609.9791.42199012925 INV/DEL27176241963(A) 5.60 609.9791.42199012925 INV/DEL27176221963(A) 7.00 609.9791.42199012925 INV/DEL27176211963(A) 40.60 609.9791.42199012925 INV/DEL27176201963(A) 8.40 609.9791.42199012925 INV/DEL27176171963(A) 12.60 609.9791.42199013125 INV/DEL27199911963(A) 22.40 609.9791.42199013125 INV/DEL27199901963(A) 19.60 609.9791.42199013125 INV/DEL27199881963(A) 16.80 609.9791.42199013125 INV/DEL27204091963(A) 1.40 609.9792.42199012525 INV/DEL27152941963(A) 0.12 609.9792.42199012525 DEL27152871963(A) 7.00 609.9792.42199013125 INV/DEL27199971963(A) 2.80 609.9792.42199013125 INV/DEL27199961963(A) 16.80 609.9792.42199013125 INV/DEL27199951963(A) 2.80 609.9792.42199013125 INV/DEL27199891963(A) 44.80 609.9792.42199013025 INV/DEL27188281963(A) 1.40 609.9792.42199013025 INV/DEL27188261963(A) 2.80 609.9792.42199013025 INV/DEL27188271963(A) 0.23 609.9792.42199013025 DEL27188251963(A) 1.40 609.9792.42199013025 INV/DEL27188241963(A) 15.40 609.9792.42199013025 INV/DEL27188231963(A) 18.20 609.9792.42199013025 INV/DEL27188221963(A) 1.40 609.9792.42199013025 INV/DEL27188191963(A) 8.40 609.9792.42199012925 INV/DEL27176321963(A) 7.00 609.9792.42199012925 INV/DEL27176311963(A) 40.60 609.9792.42199012925 INV/DEL27176301963(A) 1.40 609.9792.42199012925 INV/DEL27176291963(A) 2.80 609.9792.42199012925 INV/DEL27176181963(A) 2.80 609.9793.42199012925 INV/DEL27176281963(A) 1.40 609.9793.42199012925 INV/DEL27176191963(A) 1.40 609.9793.42199013125 DEL27199871963(A) 15.40 609.9793.42199013125 INV/DEL27199921963(A) 1.40 609.9793.42199013125 INV/DEL27199931963(A) 7.00 609.9793.42199013125 INV/DEL27199941963(A) 41,436.64 330 Item 12. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 5/35Page : 02/20/2025 11:25 AM User: heathers DB: Columbia Heights CHECK DATE FROM 02/07/2025 - 02/20/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 323.28 701.0000.14120PINS/BEARINGS MAC QUEEN EQUIPMENT LLCP622891964(A)MAIN02/13/2025 418.55 701.0000.14120PRESS IN NEW AXEL W156661964(A) 741.83 280.00 609.0000.14500013125 INVPHILLIPS WINE & SPIRITS INC69223871965(A)MAIN02/13/2025 282.50 609.0000.14500013125 INV/DEL69223851965(A) 248.00 609.0000.14500013125 INV/DEL69223861965(A) 259.50 609.0000.14500013125 INV/DEL69223841965(A) 120.00 609.0000.14500013125 INV/DEL69223831965(A) 479.25 609.0000.14500013125 INV/DEL69223821965(A) 140.00 609.0000.14500013125 INV/DEL69223811965(A) 529.05 609.0000.14500013125 INV/DEL69223801965(A) 268.50 609.0000.14500013125 INV/DEL69223791965(A) 49.50 609.0000.14500013125 INV/DEL69223781965(A) 154.35 609.0000.14500013125 INV/DEL69223771965(A) 132.00 609.0000.14500013125 INV/DEL69223761965(A) 3,360.00 609.0000.14500013125 INV/DEL69223751965(A) 199.80 609.0000.14500012925 INV/DEL69204761965(A) 80.00 609.0000.14500012925 INV/DEL69204751965(A) 49.50 609.0000.14500012925 INV/DEL69204741965(A) 223.75 609.0000.14500013125 INV/DEL69223891965(A) 3,360.00 609.0000.14500013125 INV/DEL69223901965(A) 233.41 609.0000.14500013125 INV/DEL69223931965(A) 200.00 609.0000.14500013125 INV/DEL69223951965(A) 304.00 609.0000.14500013125 INV/DEL69223941965(A) 108.00 609.0000.14500013125 INV/DEL69223921965(A) 88.00 609.0000.14500013125 INV/DEL69223911965(A) 15.40 609.9791.42199013125 INV/DEL69223851965(A) 8.40 609.9791.42199013125 INV/DEL69223861965(A) 2.80 609.9791.42199013125 INV/DEL69223841965(A) 1.40 609.9791.42199013125 INV/DEL69223831965(A) 8.40 609.9791.42199013125 INV/DEL69223821965(A) 7.00 609.9791.42199013125 INV/DEL69223811965(A) 7.70 609.9791.42199013125 INV/DEL69223801965(A) 9.80 609.9791.42199013125 INV/DEL69223791965(A) 1.40 609.9791.42199013125 INV/DEL69223781965(A) 4.20 609.9791.42199013125 INV/DEL69223771965(A) 4.20 609.9791.42199013125 INV/DEL69223761965(A) 76.30 609.9791.42199013125 INV/DEL69223751965(A) 74.90 609.9792.42199013125 INV/DEL69223901965(A) 1.40 609.9792.42199013125 DEL69223881965(A) 4.20 609.9792.42199013125 INV/DEL69223931965(A)331 Item 12. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 6/35Page : 02/20/2025 11:25 AM User: heathers DB: Columbia Heights CHECK DATE FROM 02/07/2025 - 02/20/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 1.63 609.9792.42199013125 INV/DEL69223951965(A) 2.80 609.9792.42199013125 INV/DEL69223941965(A) 4.20 609.9792.42199013125 INV/DEL69223921965(A) 2.80 609.9792.42199013125 INV/DEL69223911965(A) 2.80 609.9793.42199012925 INV/DEL69204761965(A) 1.40 609.9793.42199012925 INV/DEL69204751965(A) 1.40 609.9793.42199012925 INV/DEL69204741965(A) 8.40 609.9793.42199013125 INV/DEL69223891965(A) 11,402.04 1,778.08 609.0000.14500013025 INV/DELSOUTHERN GLAZER'S25834961966(A)MAIN02/13/2025 131.73 609.0000.14500013025 INV/DEL25834971966(A) 674.70 609.0000.14500013025 INV/DEL25834981966(A) 1,079.95 609.0000.14500013025 INV/DEL25834991966(A) 812.00 609.0000.14500013025 INV/DEL25835011966(A) 1,880.65 609.0000.14500012325 INV/DEL25809871966(A) 295.79 609.0000.14500012325 INV/DEL25809901966(A) 674.70 609.0000.14500013025 INV/DEL25834891966(A) 261.50 609.0000.14500013025 INV/DEL25834911966(A) 120.00 609.0000.14500013025 INV/DEL25834941966(A) 1,271.50 609.0000.14500013025 INV/DEL25834851966(A) 553.15 609.0000.14500012325 INV/DEL25809771966(A) 303.80 609.0000.14500012325 INV/DEL25809761966(A) 382.50 609.0000.14500013025 INV/DEL25834871966(A) 1,102.50 609.0000.14500013025 INV/DEL25834901966(A) 131.73 609.0000.14500013025 INV/DEL25834921966(A) 4,283.58 609.0000.14500013025 INV/DEL25834861966(A) 839.40 609.0000.14500012325 INV/DEL25809721966(A) 1,109.98 609.0000.14500012325 INV/DEL25809731966(A) 470.12 609.0000.14500013025 INV/DEL25834841966(A) 839.40 609.0000.14500012325 INV/DEL25811101966(A) 161.68 609.0000.14500013025 INV/DEL25836331966(A) 4.48 609.9791.42199013025 INV/DEL25834891966(A) 1.49 609.9791.42199013025 INV/DEL25834911966(A) 1.39 609.9791.42199013025 INV/DEL25834941966(A) 19.20 609.9791.42199013025 INV/DEL25834851966(A) 6.40 609.9791.42199012325 INV/DEL25809771966(A) 2.56 609.9791.42199013025 DEL25834881966(A) 6.40 609.9791.42199012325 INV/DEL25809761966(A) 1.28 609.9791.42199013025 INV/DEL25834871966(A) 7.68 609.9791.42199013025 INV/DEL25834901966(A) 1.28 609.9791.42199013025 INV/DEL25834921966(A)332 Item 12. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 7/35Page : 02/20/2025 11:25 AM User: heathers DB: Columbia Heights CHECK DATE FROM 02/07/2025 - 02/20/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 17.92 609.9791.42199013025 INV/DEL25834861966(A) 7.68 609.9791.42199012325 INV/DEL25809721966(A) 20.48 609.9791.42199012325 INV/DEL25809731966(A) 4.69 609.9791.42199013025 DEL25834951966(A) 1.71 609.9791.42199013025 INV/DEL25834841966(A) 27.52 609.9792.42199013025 INV/DEL25834961966(A) 1.28 609.9792.42199013025 INV/DEL25834971966(A) 4.48 609.9792.42199013025 INV/DEL25834981966(A) 7.68 609.9792.42199013025 INV/DEL25834991966(A) 14.08 609.9792.42199013025 INV/DEL25835011966(A) 15.36 609.9792.42199012325 INV/DEL25809871966(A) 0.43 609.9792.42199013025 DEL25835021966(A) 6.40 609.9792.42199012325 INV/DEL25809901966(A) 1.28 609.9792.42199013025 DEL25835041966(A) 0.43 609.9793.42199013025 DEL25836341966(A) 7.68 609.9793.42199012325 INV/DEL25811101966(A) 3.84 609.9793.42199013025 INV/DEL25836331966(A) 19,353.54 336.00 101.5040.44200THEATRE TICKETS - INTO THE WOODS 0322254 COMMUNITY THEATRE012725201937MAIN02/13/2025 150.00 609.0000.14500012725 INV56 BREWING LLC5628359201938MAIN02/13/2025 462.00 101.5001.43050TOTAL BODY CONDITIONING 010825-012925ALFERNESS/DONNA M13125201939MAIN02/13/2025 178.00 101.2100.443302025 DUES, MEETING EXPENSES JACKIE URBANIAKANOKA COUNTY CHIEFS OF POLICE2025201940MAIN02/13/2025 10,301.52 240.5500.42183E-BOOK SERVICES 070124-123124ANOKA COUNTY LIBRARY1746201941MAIN02/13/2025 58,578.00 101.2100.440302025 JLEC SHARED COSTS ANOKA COUNTY TREASURERS240314C201942MAIN02/13/2025 10,000.00 101.2100.443002025 DTF GRANT MATCH FUNDS250102D201942 14,409.30 431.2200.45180APX6000 RADIOSAR022673201942 82,987.30 3.15 101.1110.43250INTERNET 0724ARVIG ENTERPRISES, INC062824201943MAIN02/13/2025 3.15 101.1110.43250INTERNET 0824072824201943 3.15 101.1110.43250INTERNET 0924082824201943 3.15 101.1110.43250INTERNET 1024092824201943 3.15 101.1110.43250INTERNET 1124102824201943 3.15 101.1110.43250INTERNET 1224112824201943 3.15 101.1110.43250INTERNET 0125122824201943 3.15 101.1110.43250INTERNET 0225012825201943 4.38 101.1320.43250INTERNET 0724062824201943 4.38 101.1320.43250INTERNET 0824072824201943 4.38 101.1320.43250INTERNET 0924082824201943 333 Item 12. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 8/35Page : 02/20/2025 11:25 AM User: heathers DB: Columbia Heights CHECK DATE FROM 02/07/2025 - 02/20/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 4.38 101.1320.43250INTERNET 1024092824201943 4.38 101.1320.43250INTERNET 1124102824201943 4.38 101.1320.43250INTERNET 1224112824201943 4.38 101.1320.43250INTERNET 0125122824201943 4.38 101.1320.43250INTERNET 0225012825201943 6.85 101.1510.43250INTERNET 0724062824201943 6.85 101.1510.43250INTERNET 0824072824201943 6.85 101.1510.43250INTERNET 0924082824201943 6.85 101.1510.43250INTERNET 1024092824201943 6.85 101.1510.43250INTERNET 1124102824201943 6.85 101.1510.43250INTERNET 1224112824201943 6.85 101.1510.43250INTERNET 0125122824201943 6.85 101.1510.43250INTERNET 0225012825201943 0.55 101.1940.43250INTERNET 0724062824201943 0.55 101.1940.43250INTERNET 0824072824201943 0.55 101.1940.43250INTERNET 0924082824201943 0.55 101.1940.43250INTERNET 1024092824201943 0.55 101.1940.43250INTERNET 1124102824201943 0.55 101.1940.43250INTERNET 1224112824201943 0.55 101.1940.43250INTERNET 0125122824201943 0.55 101.1940.43250INTERNET 0225012825201943 17.12 101.2100.43250INTERNET 0724062824201943 17.12 101.2100.43250INTERNET 0824072824201943 17.12 101.2100.43250INTERNET 0924082824201943 17.12 101.2100.43250INTERNET 1024092824201943 17.12 101.2100.43250INTERNET 1124102824201943 17.12 101.2100.43250INTERNET 1224112824201943 17.12 101.2100.43250INTERNET 0125122824201943 17.12 101.2100.43250INTERNET 0225012825201943 15.88 101.2200.43250INTERNET 0724062824201943 15.88 101.2200.43250INTERNET 0824072824201943 15.88 101.2200.43250INTERNET 0924082824201943 15.88 101.2200.43250INTERNET 1024092824201943 15.88 101.2200.43250INTERNET 1124102824201943 15.88 101.2200.43250INTERNET 1224112824201943 15.88 101.2200.43250INTERNET 0125122824201943 15.88 101.2200.43250INTERNET 0225012825201943 7.67 101.3100.43250INTERNET 0724062824201943 7.67 101.3100.43250INTERNET 0824072824201943 7.67 101.3100.43250INTERNET 0924082824201943 7.67 101.3100.43250INTERNET 1024092824201943 7.67 101.3100.43250INTERNET 1124102824201943 334 Item 12. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 9/35Page : 02/20/2025 11:25 AM User: heathers DB: Columbia Heights CHECK DATE FROM 02/07/2025 - 02/20/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 7.67 101.3100.43250INTERNET 1224112824201943 7.67 101.3100.43250INTERNET 0125122824201943 7.67 101.3100.43250INTERNET 0225012825201943 2.46 101.3121.43250INTERNET 0724062824201943 2.46 101.3121.43250INTERNET 0824072824201943 2.46 101.3121.43250INTERNET 0924082824201943 2.46 101.3121.43250INTERNET 1024092824201943 2.46 101.3121.43250INTERNET 1124102824201943 2.46 101.3121.43250INTERNET 1224112824201943 2.46 101.3121.43250INTERNET 0125122824201943 2.46 101.3121.43250INTERNET 0225012825201943 1.36 101.5000.43250INTERNET 0724062824201943 1.36 101.5000.43250INTERNET 0824072824201943 1.36 101.5000.43250INTERNET 0924082824201943 1.36 101.5000.43250INTERNET 1024092824201943 1.36 101.5000.43250INTERNET 1124102824201943 1.36 101.5000.43250INTERNET 1224112824201943 1.36 101.5000.43250INTERNET 0125122824201943 1.36 101.5000.43250INTERNET 0225012825201943 4.38 101.5129.43250INTERNET 0724062824201943 4.38 101.5129.43250INTERNET 0824072824201943 4.38 101.5129.43250INTERNET 0924082824201943 4.38 101.5129.43250INTERNET 1024092824201943 4.38 101.5129.43250INTERNET 1124102824201943 4.38 101.5129.43250INTERNET 1224112824201943 4.38 101.5129.43250INTERNET 0125122824201943 4.38 101.5129.43250INTERNET 0225012825201943 1.37 101.5200.43250INTERNET 0724062824201943 1.37 101.5200.43250INTERNET 0824072824201943 1.37 101.5200.43250INTERNET 0924082824201943 1.37 101.5200.43250INTERNET 1024092824201943 1.37 101.5200.43250INTERNET 1124102824201943 1.37 101.5200.43250INTERNET 1224112824201943 1.37 101.5200.43250INTERNET 0125122824201943 1.37 101.5200.43250INTERNET 0225012825201943 1.36 201.2400.43250INTERNET 0724062824201943 1.36 201.2400.43250INTERNET 0824072824201943 1.36 201.2400.43250INTERNET 0924082824201943 1.36 201.2400.43250INTERNET 1024092824201943 1.36 201.2400.43250INTERNET 1124102824201943 1.36 201.2400.43250INTERNET 1224112824201943 1.36 201.2400.43250INTERNET 0125122824201943 335 Item 12. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 10/35Page : 02/20/2025 11:25 AM User: heathers DB: Columbia Heights CHECK DATE FROM 02/07/2025 - 02/20/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 1.36 201.2400.43250INTERNET 0225012825201943 3.15 204.6314.43250INTERNET 0724062824201943 3.15 204.6314.43250INTERNET 0824072824201943 3.15 204.6314.43250INTERNET 0924082824201943 3.15 204.6314.43250INTERNET 1024092824201943 3.15 204.6314.43250INTERNET 1124102824201943 3.15 204.6314.43250INTERNET 1224112824201943 3.15 204.6314.43250INTERNET 0125122824201943 3.15 204.6314.43250INTERNET 0225012825201943 1.36 225.9844.43250INTERNET 0724062824201943 1.36 225.9844.43250INTERNET 0824072824201943 1.36 225.9844.43250INTERNET 0924082824201943 1.36 225.9844.43250INTERNET 1024092824201943 1.36 225.9844.43250INTERNET 1124102824201943 1.36 225.9844.43250INTERNET 1224112824201943 1.36 225.9844.43250INTERNET 0125122824201943 1.36 225.9844.43250INTERNET 0225012825201943 26.01 240.5500.43250INTERNET 0724062824201943 26.01 240.5500.43250INTERNET 0824072824201943 26.01 240.5500.43250INTERNET 0924082824201943 26.01 240.5500.43250INTERNET 1024092824201943 26.01 240.5500.43250INTERNET 1124102824201943 26.01 240.5500.43250INTERNET 1224112824201943 26.01 240.5500.43250INTERNET 0125122824201943 26.01 240.5500.43250INTERNET 0225012825201943 1.37 601.9600.43250INTERNET 0724062824201943 1.37 601.9600.43250INTERNET 0824072824201943 1.37 601.9600.43250INTERNET 0924082824201943 1.37 601.9600.43250INTERNET 1024092824201943 1.37 601.9600.43250INTERNET 1124102824201943 1.37 601.9600.43250INTERNET 1224112824201943 1.37 601.9600.43250INTERNET 0125122824201943 1.37 601.9600.43250INTERNET 0225012825201943 1.37 602.9600.43250INTERNET 0724062824201943 1.37 602.9600.43250INTERNET 0824072824201943 1.37 602.9600.43250INTERNET 0924082824201943 1.37 602.9600.43250INTERNET 1024092824201943 1.37 602.9600.43250INTERNET 1124102824201943 1.37 602.9600.43250INTERNET 1224112824201943 1.37 602.9600.43250INTERNET 0125122824201943 1.37 602.9600.43250INTERNET 0225012825201943 8.90 609.9791.43250INTERNET 0724062824201943 336 Item 12. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 11/35Page : 02/20/2025 11:25 AM User: heathers DB: Columbia Heights CHECK DATE FROM 02/07/2025 - 02/20/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 8.90 609.9791.43250INTERNET 0824072824201943 8.90 609.9791.43250INTERNET 0924082824201943 8.90 609.9791.43250INTERNET 1024092824201943 8.90 609.9791.43250INTERNET 1124102824201943 8.90 609.9791.43250INTERNET 1224112824201943 8.90 609.9791.43250INTERNET 0125122824201943 8.90 609.9791.43250INTERNET 0225012825201943 5.75 609.9792.43250INTERNET 0724062824201943 5.75 609.9792.43250INTERNET 0824072824201943 5.75 609.9792.43250INTERNET 0924082824201943 5.75 609.9792.43250INTERNET 1024092824201943 5.75 609.9792.43250INTERNET 1124102824201943 5.75 609.9792.43250INTERNET 1224112824201943 5.75 609.9792.43250INTERNET 0125122824201943 5.75 609.9792.43250INTERNET 0225012825201943 3.84 609.9793.43250INTERNET 0724062824201943 3.84 609.9793.43250INTERNET 0824072824201943 3.84 609.9793.43250INTERNET 0924082824201943 3.84 609.9793.43250INTERNET 1024092824201943 3.84 609.9793.43250INTERNET 1124102824201943 3.84 609.9793.43250INTERNET 1224112824201943 3.84 609.9793.43250INTERNET 0125122824201943 3.84 609.9793.43250INTERNET 0225012825201943 1.37 701.9950.43250INTERNET 0724062824201943 1.37 701.9950.43250INTERNET 0824072824201943 1.37 701.9950.43250INTERNET 0924082824201943 1.37 701.9950.43250INTERNET 1024092824201943 1.37 701.9950.43250INTERNET 1124102824201943 1.37 701.9950.43250INTERNET 1224112824201943 1.37 701.9950.43250INTERNET 0125122824201943 1.37 701.9950.43250INTERNET 0225012825201943 17.25 720.9980.43250INTERNET 0724062824201943 17.25 720.9980.43250INTERNET 0824072824201943 17.25 720.9980.43250INTERNET 0924082824201943 17.25 720.9980.43250INTERNET 1024092824201943 17.25 720.9980.43250INTERNET 1124102824201943 68.67 720.9980.43250INTERNET 1224112824201943 17.25 720.9980.43250INTERNET 0125122824201943 60.18 720.9980.43250INTERNET 0225012825201943 1,189.55 698.06 101.2100.42172PANTS, BOOTS, POLOS, SHIRTSASPEN MILLS, INC.348007201944MAIN02/13/2025 337 Item 12. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 12/35Page : 02/20/2025 11:25 AM User: heathers DB: Columbia Heights CHECK DATE FROM 02/07/2025 - 02/20/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 7,824.00 101.1110.443302025 MEMBERSHIP ASSOC OF METRO MUNICIPALITIES2061201945MAIN02/13/2025 30.26 240.5500.42180BOOK ORDERBAKER & TAYLOR2038832899201946MAIN02/13/2025 213.29 240.5500.42180BOOK ORDER2038847525201946 492.15 240.5500.42180BOOK ORDER2038843828201946 494.11 240.5500.42180BOOK ORDER2038853027201946 (17.73)240.5500.42180CREDIT MEMO 0109250003309414201946 1,212.08 130.00 609.0000.14500012725 INVBAUHAUS BREW LABS LLC15349201947MAIN02/13/2025 5,917.95 701.0000.141102000 GAL DYED DIESEL FUEL BEAUDRY OIL & SERVICE INC.1014495201948MAIN02/13/2025 50.60 701.0000.14120HL BULB TWO PKBMJ CORPORATION67-136275201949MAIN02/13/2025 33,800.00 272.2100.43105CIM INITIAL RESPONSE TRAINING 0125 & 0225BOWMAC EDUCATIONAL SERVICS1294201950MAIN02/13/2025 50.00 701.0000.14120TWI CUT CPLR SFE BRAKE & EQUIPMENT WAREHOUSE01LN0765201951MAIN02/13/2025 35.30 701.9950.42010BATTERY BRUSH, FILTER REMOVAL CUPS01LN0766201951 85.30 202.00 609.0000.14500013025 INVBROKEN CLOCK BREWING COOP9469201952MAIN02/13/2025 1,115.81 101.2100.43050ANIMAL SVCS CASES 25006981, 25009156BRP VETERINARY MINNESOTA17544201953MAIN02/13/2025 1,820.00 101.2100.43050EMPLOYMENT BACKGROUNDS CARDINAL INVESTIGATIONSCHPD25-2201954MAIN02/13/2025 333.82 701.9950.42161BRAKE CLEANER, GLASS CLEANER, OIL, BRAKE FLUIDCHAMBERLAIN OIL COMPANY INC498409-00201955MAIN02/13/2025 76.55 101.1940.44020RUGS CH- 012925CINTAS INC4219348180201956MAIN02/13/2025 43.85 101.2100.44020MATS, TOWELS, FRESH AIR 0109254217310911201956 25.00 101.2100.44020TOWELS, AIR FRESH 0123254218773963201956 25.00 101.2200.44020MATS, TOWELS, FRESH AIR 0109254217310911201956 25.00 101.2200.44020TOWELS, AIR FRESH 0123254218773963201956 192.23 101.5129.42990MOPS, LINENS JPM 0204254219924421201956 48.85 701.9950.42172UNIFORM RENTAL 0127254219110386201956 84.85 701.9950.42172UNIFORM RENTAL 0203254219834184201956 521.33 6,829.00 101.2100.441002025 ANNUAL FENCING CONSORTIUM FEECITY OF EDEN PRAIRIEAR-0000004900201957MAIN02/13/2025 12,901.34 884.5200.42281REPAIR #0202 LMCIT CLAIM #CA394396CLASSIC COLLISION LLC193606063201958MAIN02/13/2025 1,000.00 884.5200.44349REPAIR #0202 LMCIT CLAIM #CA394396193606063201958 13,901.34 2,225.00 101.1110.44376TENT RENTALCOLUMBIA HEIGHTS RENTAL INC1-1040542201959MAIN02/13/2025 338 Item 12. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 13/35Page : 02/20/2025 11:25 AM User: heathers DB: Columbia Heights CHECK DATE FROM 02/07/2025 - 02/20/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 17.86 101.2100.42012010325 8772105050213657COMCAST010325201960MAIN02/13/2025 485.00 101.5200.42161GRAFFITI BE GONECONTINENTAL RESEARCH CORP0060393201961MAIN02/13/2025 729.00 101.5200.42161GRAFFITI BE GONE, WASP AWAY, FINAL SHOT0060353201961 1,214.00 99,350.00 651.9699.45180.2409WATER METER INSTALLATION CORE & MAIN LPW255949201962MAIN02/13/2025 360.00 101.2100.44030SUBSCRIPTION 030125 - 022826COVERTRACK GROUP INCSOCT016327201963MAIN02/13/2025 7,852.80 101.2100.42011CITY-WIDE COMPUTER REPLACEMENTSDELL MARKETING LP10790209719201964MAIN02/13/2025 5,195.02 101.2200.42011CITY-WIDE COMPUTER REPLACEMENTS10790209719201964 2,281.42 101.3100.42011CITY-WIDE COMPUTER REPLACEMENTS10790209719201964 2,913.60 101.3121.42011CITY-WIDE COMPUTER REPLACEMENTS10790209719201964 1,456.80 101.5200.42011CITY-WIDE COMPUTER REPLACEMENTS10790209719201964 5,893.29 240.5500.42011CITY-WIDE COMPUTER REPLACEMENTS10790209719201964 1,536.31 601.9600.42011LAPTOPS10794493047201964 170.54 601.9600.42011CITY-WIDE COMPUTER REPLACEMENTS10790209719201964 1,536.31 602.9600.42011LAPTOPS10794493047201964 170.54 602.9600.42011CITY-WIDE COMPUTER REPLACEMENTS10790209719201964 2,236.08 603.9520.42011LAPTOPS10794493047201964 1,536.31 604.9600.42011LAPTOPS10794493047201964 170.60 604.9600.42011CITY-WIDE COMPUTER REPLACEMENTS10790209719201964 1,456.80 609.9793.42011CITY-WIDE COMPUTER REPLACEMENTS10790209719201964 34,406.42 4,625.00 408.6411.44600FACADE IMPROVEMENT GRANT DONA MARYDONA MARY01312025201965MAIN02/13/2025 298.34 101.3121.4217149' GRABBER CONE W/16LB BASEEARL F ANDERSEN INC0138629-IN201966MAIN02/13/2025 298.32 101.5200.4217149' GRABBER CONE W/16LB BASE0138629-IN201966 298.34 601.9600.4217149' GRABBER CONE W/16LB BASE0138629-IN201966 895.00 235.00 609.9791.43420TOP VALU LIQUOR RCA25 013125ECM PUBLISHERS INC1034743201967MAIN02/13/2025 235.00 609.9791.43420TOP VALU LIQUOR RCA25 0131251034744201967 185.00 609.9792.43420TOP VALU LIQUOR RCA25 0131251034743201967 185.00 609.9792.43420TOP VALU LIQUOR RCA25 0131251034744201967 80.00 609.9793.43420TOP VALU LIQUOR RCA25 0131251034743201967 80.00 609.9793.43420TOP VALU LIQUOR RCA25 0131251034744201967 1,000.00 1,152.50 204.6314.43050TIF CONSULTING ALATUSEHLERS & ASSOCIATES INC1344201968MAIN02/13/2025 628.00 603.9530.42920PLASTIC RECYCLING 0125EMERGE ENTERPRISES658201969MAIN02/13/2025 339 Item 12. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 14/35Page : 02/20/2025 11:25 AM User: heathers DB: Columbia Heights CHECK DATE FROM 02/07/2025 - 02/20/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 400.20 602.9600.43220SHIPPING- EJ EQUIPMENT - TRANSPORTOR FEDERAL EXPRESS8-748-40430201970MAIN02/13/2025 328.17 601.9600.42160VALVEFERGUSON WATERWORKS INC0541814-1201971MAIN02/13/2025 288.00 601.9600.42160COMPRESSION BRASS REDUCING COUPLING0541881201971 231.73 601.9600.421601-1/2 LID W/PENT PLUG, SHOCKWAVE LINEMAN PENTASOCKET0542133201971 847.90 27.62 101.5200.43310GREEN EXPO PARKING, LUNCH 012225FETZER/KELLY012225201972MAIN02/13/2025 114.97 101.2200.42171VARIABLE STRAP, FOOTMAN'S LOOP A6FIRE EQUIPMENT SPECIALTIES21342201973MAIN02/13/2025 203.30 701.9950.42171HXD. CAPS/PLUGSFLEETPRIDE INC122962994201974MAIN02/13/2025 4,116.00 720.9980.44030FRESHSERVICE 012025-012026FRESHWORKS INCFS306871201975MAIN02/13/2025 429.76 101.5200.42010RECEIVER HITCH FROST INC13930201976MAIN02/13/2025 344.94 609.0000.14500020425 INVGLOBAL RESERVE LLCORD-14755201977MAIN02/13/2025 1,273.50 609.0000.14500020625 INV/DELGRAPE BEGINNINGS INCMN00161290201978MAIN02/13/2025 6.00 609.9791.42199020625 INV/DELMN00161290201978 1,279.50 2,044.00 601.9600.42160FILL SANDHASSAN SAND & GRAVEL183750201979MAIN02/13/2025 1,249.10 601.9600.42160RECYCLED CLASS 5183871201979 2,022.81 601.9600.42160FILL SAND, RECYCLED CLASS 5183764201979 5,315.91 1,594.90 609.0000.14500013125 INVHOHENSTEINS INC791176201980MAIN02/13/2025 3,979.50 609.0000.14500013125 INV791407201980 759.90 609.0000.14500013125 INV791406201980 6,334.30 64.38 601.9600.42171CHISEL, DRILL BIT, SPADE BIT, QUICK REL EXTENSIONHOME DEPOT #28025012201201981MAIN02/13/2025 19.47 601.9600.42171BULK COUPLINGS8423686201981 83.85 26,878.00 272.2100.44300VOLLEYBALL MENTORSHIP, SUPPLIES, UNIFORMS, TRANSPORTATIONINDEPENDENT SCHOOL DIST #1312102024201982MAIN02/13/2025 462.00 609.0000.14500020425 INVINSIGHT BREWING COMPANY, LLC21623201983MAIN02/13/2025 1,075.00 609.0000.14500020425 INV21619201983 1,537.00 16.95 101.5200.42171HINGE PINS, BOLTSINTERNATIONAL SECURITY PRODUCTS161150201984MAIN02/13/2025 189.23 101.5200.42171AUTO GATE CLOSER, HINGE PINS161153201984 160.77 101.5200.42171AUTO GATE CLOSERS161152201984 340 Item 12. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 15/35Page : 02/20/2025 11:25 AM User: heathers DB: Columbia Heights CHECK DATE FROM 02/07/2025 - 02/20/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 366.95 76.06 609.9791.42171MOGUL BASE S55 CLEAR LAMPJ H LARSON ELECTRIC COMPANYS103228179.001201985MAIN02/13/2025 235.38 609.9791.42171HALIDE CLEAR LAMP, MOGUL BASE ED28 BULBS103228179.002201985 311.44 4,149.63 101.1940.44020REWORK CIRCUITS TO GARAGE DOORS & LIGHTS-CHJ. BECHER & ASSOC INC2413092-F201986MAIN02/13/2025 3,000.00 101.2100.430502025 CAR WASHESJEFF,BOBBY & STEVES AUTOWORLD2025-10201987MAIN02/13/2025 4,629.74 101.2200.42173INNOTEX GRAY FIRE HOODSJEFFERSON FIRE & SAFETY INCPB002062201988MAIN02/13/2025 69.00 204.6314.43050CL162-00031 CONVEYANCE 960 40TH AVE NE 1224KENNEDY & GRAVEN185915201989MAIN02/13/2025 720.00 720.9980.432112024 CELL PHONE REIMBURSEMENTKENNEDY COLSCH2024-2AMENDED2201990MAIN02/13/2025 233.81 101.2100.43250LANGUAGE LINE 0125LANGUAGELINE SOLUTIONS11517374201991MAIN02/13/2025 35.00 603.9540.43050OIL FITER DISPOSAL - RECYCLE CENTERLOE'S OIL COMPANY INC96350201992MAIN02/13/2025 76.25 701.9950.43050OIL FILTER & ANIT-FREEZE DISPOSAL - GARAGE96349201992 111.25 166.00 609.0000.14500013125 INVLUCID BREWING LLCIN-241928201993MAIN02/13/2025 1,471.20 609.0000.14500013125 INVM AMUNDSON CIGAR & CANDY CO LLP397541201994MAIN02/13/2025 2,266.52 609.0000.14500013125 INV 397542201994 3,737.72 135.38 101.3100.44000COPY MAINT 012525-042425, OVERAGE 102524-012425MARCO, INCINV13463296201995MAIN02/13/2025 135.38 101.3121.44000COPY MAINT 012525-042425, OVERAGE 102524-012425INV13463296201995 135.37 101.5200.44000COPY MAINT 012525-042425, OVERAGE 102524-012425INV13463296201995 135.38 601.9600.44000COPY MAINT 012525-042425, OVERAGE 102524-012425INV13463296201995 135.38 602.9600.44000COPY MAINT 012525-042425, OVERAGE 102524-012425INV13463296201995 676.89 840.00 101.2100.43050MANDATORY CHECK INSMARIE RIDGEWAY LICSW LLC3084201996MAIN02/13/2025 1,250.00 101.2100.43050PUBLIC SAFETY ASSESSMENTSMARTIN-MCALLISTER INC16596201997MAIN02/13/2025 4,875.00 101.2200.43050PS ASSESSMENTS, LEADERSHIP EVALS 16597201997 200.00 101.2200.43050PREPLACEMENT EVAL PART II16646201997 6,325.00 306.60 609.0000.14500013125 INVMCDONALD DISTRIBUTING CO790040201998MAIN02/13/2025 399.25 609.0000.14500013125 INV790269201998 705.85 19.56 101.1940.42171WINDOW SCRAPER, UTILITY KNIFE, ACETONE, CLOTHMENARDS CASHWAY LUMBER-FRIDLEY23066201999MAIN02/13/2025 341 Item 12. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 16/35Page : 02/20/2025 11:25 AM User: heathers DB: Columbia Heights CHECK DATE FROM 02/07/2025 - 02/20/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 79.99 101.2100.421718 FOOT TABLE 23022201999 22.98 101.2100.42171ICE MELT22316201999 29.95 101.2100.42171BAKING SODA, VAC ATTACHMENTS, DAWN, VAC BAG22740201999 (0.88)101.2100.42171SCREWS22211201999 2.99 101.2100.42175BOTTLED WATER23100201999 11.49 101.3121.42160SEALBEST POTHOLE PATCH-PW22051201999 414.72 101.3121.42160CONCRETE MIX23009201999 65.76 101.3121.42171HYDROFLEX HOSE, ADJ NOZZLE, RUBBER WASHERS23123201999 6.49 101.3121.42171OIL DRY, VENOM NITRILE GLOVES23210201999 17.96 101.3121.42173LINED GLOVES23195201999 47.96 101.3121.42173OIL DRY, VENOM NITRILE GLOVES23210201999 41.15 601.9600.42171DISH SOAP, SPADE BITS22792201999 314.33 603.9530.42171ORGANIC BUCKETS 22785201999 13.99 651.9699.45180.2409FROGTAPE23011201999 13.99 652.9699.45180.2409FROGTAPE23011201999 43.95 701.9950.42171PAINT 22961201999 21.57 701.9950.42171DOOR STOP, SIDEWALL REGISTER23007201999 92.08 701.9950.42171PAINT, BRUSH, TRAY, OUTLET COVER-PW22953201999 10.05 701.9950.42171WOOD SCREW, WALL PLATES, ADHESIVE23196201999 20.96 701.9950.42171PAINT22663201999 42.64 701.9950.42171PAINT23071201999 1,333.68 348.00 101.2100.44030IT SUPPORT 01225METRO-INET2359202000MAIN02/13/2025 166.10 701.0000.14120KEY, BLADE SHAFTMINNEAPOLIS SAW CO INC189321202001MAIN02/13/2025 350.00 705.9970.44330MEMBERSHIP 2025-2026 E.HANSONMINNESOTA CITY-CNTY MGMT ASSNCASH-12143202002MAIN02/13/2025 1,338.00 720.9980.44030CROWDSTRIKE ENDPOINT DETECTION AND RESPONSE 1024-1224MINNESOTA IT SERVICES, MN IT SERVIC24120585202003MAIN02/13/2025 152.00 701.0000.141203/4" BREAKAWAYMINNESOTA PETROLEUM SRVC INC0000153443202004MAIN02/13/2025 149.40 609.0000.14500020525 INVMODIST BREWING CO LLCE-56785202005MAIN02/13/2025 7,000.00 415.6450.44000ABATEMENT REMOVAL PRIVATE ASH TREE--3946 MAIN ST NENEIGHBORHOOD TREE CARE LLC2375202006MAIN02/13/2025 3,300.00 415.6450.44000REMOVAL PRIVATE ASH TREE--3917 POLK ST NE2381202006 4,000.00 415.6450.44000REMOVAL PRIVATE ASH TREE--4911 UNIVERSITY AVE NE2382202006 14,300.00 259.00 609.0000.14500013125 INV/DELNEW FRANCE WINE COMPANY236618202007MAIN02/13/2025 5.00 609.9791.42199013125 INV/DEL236618202007 264.00 800.00 225.9844.43050AV TECHNICIAN CONSULTATION-CHNINENORTH2025-001202008MAIN02/13/2025 342 Item 12. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 17/35Page : 02/20/2025 11:25 AM User: heathers DB: Columbia Heights CHECK DATE FROM 02/07/2025 - 02/20/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 80.56 101.5200.43310GREEN EXPO PARKING $ LUNCH 012225-012325NORDLUND/JOHN012125202009MAIN02/13/2025 1,677.00 701.9950.42010CUBICLE WORKSTATIONS-MSCOFFICE LIQUIDATORS INC29861202010MAIN02/13/2025 720.00 609.0000.14500020525 INVOLIPHANT BREWING LLCIN-2638202011MAIN02/13/2025 74.50 101.5200.44100SATELLITE RENT -SNOW BLASTON SITE SANITATION INC0001842017202012MAIN02/13/2025 81.00 101.5200.43310GREEN EXPO PARKING, LUNCH 012225-012325PERKINS/JON012225202013MAIN02/13/2025 (6.91)101.0000.20815012625 - 10013121 POPP.COM INC992864854202014MAIN02/13/2025 7.38 101.1110.43210012625 - 10013121 992864854202014 16.77 101.1320.43210012625 - 10013121 992864854202014 41.69 101.1510.43210012625 - 10013121 992864854202014 14.06 101.1940.43210012625 - 10013121 992864854202014 152.02 101.2100.43210012625 - 10013121 992864854202014 59.50 101.2200.43210012625 - 10013121 992864854202014 69.41 101.3100.43210012625 - 10013121 992864854202014 5.85 101.3121.43210012625 - 10013121 992864854202014 40.26 101.5000.43210012625 - 10013121 992864854202014 1.92 101.5129.43210012625 - 10013121 992864854202014 1.61 101.5200.43210012625 - 10013121 992864854202014 1,341.03 101.9200.43210012625 - 10013121 992864854202014 18.73 201.2400.43210012625 - 10013121 992864854202014 51.95 204.6314.43210012625 - 10013121 992864854202014 4.60 601.9600.43210012625 - 10013121 992864854202014 56.54 609.9791.43210012625 - 10013121 992864854202014 24.11 609.9792.43210012625 - 10013121 992864854202014 11.30 609.9793.43210012625 - 10013121 992864854202014 2.69 701.9950.43210012625 - 10013121 992864854202014 7.23 720.9980.43210012625 - 10013121 992864854202014 1,921.74 140.00 101.3100.43250DATA PLAN 0125PRECISE MRM LLCIN200-2003079202015MAIN02/13/2025 180.00 101.3121.43250DATA PLAN 0125IN200-2003079202015 60.00 101.5200.43250DATA PLAN 0125IN200-2003079202015 30.00 601.9600.43250DATA PLAN 0125IN200-2003079202015 30.00 602.9600.43250DATA PLAN 0125IN200-2003079202015 440.00 (0.30)101.0000.20815013125 COOLER RENTALPREMIUM WATERS INC310603131202016MAIN02/13/2025 (0.30)101.0000.20815013125 COOLER RENTAL310603132202016 (0.59)101.0000.20815013125 COOLER RENTALS 310603130202016 9.23 609.9791.42171013125 COOLER RENTALS 310603130202016 343 Item 12. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 18/35Page : 02/20/2025 11:25 AM User: heathers DB: Columbia Heights CHECK DATE FROM 02/07/2025 - 02/20/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 14.58 609.9791.42171012925 WATER310586636202016 4.62 609.9792.42171013125 COOLER RENTAL310603131202016 4.62 609.9793.42171013125 COOLER RENTAL310603132202016 14.58 609.9793.42171012925 WATER310586631202016 46.44 3,999.68 101.0000.15500POSTAGE REFILL 2025QUADIENT LEASING USA, INC.010225202017MAIN02/13/2025 689.60 609.0000.14500013025 INVRED BULL DISTRIBUTION CO INC5015055605202018MAIN02/13/2025 562.50 601.9600.44000FIELD SERVICE PROGRAMMING-082024S.J. ELECTRO SYSTEMS INCCD99554905202019MAIN02/13/2025 562.50 602.9600.44000FIELD SERVICE PROGRAMMING-082024CD99554905202019 1,125.00 83.34 101.1940.44020PREVENT MAINT 0125SCHINDLER ELEVATOR CORP INC8106804535202020MAIN02/13/2025 83.34 101.5129.44020PREVENT MAINT 0125 8106804536202020 193.06 609.9791.44020PREVENT MAINT 0101258106802679202020 359.74 107.32 701.9950.42171PAINT SHERWIN WILLIAMS3348-2202021MAIN02/13/2025 2,210.00 603.9510.42910BULK PICKUP 012025-013125SHOREVIEW HUNKS LLCBP03-2025202022MAIN02/13/2025 685.00 603.9510.42920BULK PICKUP 012025-013125BP03-2025202022 4,505.00 603.9510.42930BULK PICKUP 012025-013125BP03-2025202022 7,400.00 473.00 101.5040.44200ON THE ROAD AGAIN 0319625SIDEKICK THEATRE001463202023MAIN02/13/2025 539.00 101.5040.44200ON THE ROAD AGAIN 031825001464202023 1,012.00 339.11 701.9950.42010BATTERY TERMINAL CRIMPERTERMINAL SUPPLY CO, INC91569-00202024MAIN02/13/2025 270.60 101.1320.43050BACKGROUND CHECKS 0125THE MCDOWELL AGENCY, INC.159626202025MAIN02/13/2025 2,776.73 228.6317.43050VAN BUREN RAMP MAINT 020125-013126TK ELEVATOR CORPORATION3008323807202026MAIN02/13/2025 300.77 240.5500.42171CAN LINERS, TPTRIO SUPPLY COMPANY INC999225202027MAIN02/13/2025 74.90 701.0000.14120FLANGE BLOCK TULL BEARINGS INC241962P202028MAIN02/13/2025 220.00 601.9600.43050COLIFORM TESTING 1224TWIN CITY WATER CLINIC INC21627202029MAIN02/13/2025 1,081.42 701.0000.14120CUTTING EDGE KIT, 810 WING CUTTING #0181TWIN STAR EQUIMENT&MFG CO INCTP1440202030MAIN02/13/2025 61.01 101.1320.44030ENTERPRISE PERMITTING & LICENSING 010125-033125TYLER TECHNOLOGIES, INC.025-488664202031MAIN02/13/2025 61.01 101.2100.44030ENTERPRISE PERMITTING & LICENSING 010125-033125025-488664202031 3,848.55 101.2200.44030ENTERPRISE PERMITTING & LICENSING 010125-033125025-488664202031 344 Item 12. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 19/35Page : 02/20/2025 11:25 AM User: heathers DB: Columbia Heights CHECK DATE FROM 02/07/2025 - 02/20/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 1,495.81 101.2300.44030ENTERPRISE PERMITTING & LICENSING 010125-033125025-488664202031 1,556.80 101.3100.44030ENTERPRISE PERMITTING & LICENSING 010125-033125025-488664202031 15.26 101.3121.44030ENTERPRISE PERMITTING & LICENSING 010125-033125025-488664202031 15.26 101.5200.44030ENTERPRISE PERMITTING & LICENSING 010125-033125025-488664202031 15,367.74 201.2400.43050EP&L PROFESSIONAL SERVICES 1224025-493494202031 6,215.50 201.2400.44030ENTERPRISE PERMITTING & LICENSING 010125-033125025-488664202031 506.28 204.6314.44030ENTERPRISE PERMITTING & LICENSING 010125-033125025-488664202031 15.26 601.9600.44030ENTERPRISE PERMITTING & LICENSING 010125-033125025-488664202031 15.26 602.9600.44030ENTERPRISE PERMITTING & LICENSING 010125-033125025-488664202031 59.50 720.9980.44030ENTERPRISE PERMITTING & LICENSING 010125-033125025-488664202031 29,233.24 2,700.00 201.2400.43050EP&L PROFESSIONAL SERVICES 1124TYLER TECHNOLOGIES, INC.025-489014202032MAIN02/13/2025 100.00 201.2400.43050EP&L PROFESSIONAL SERVICES 110624025-490200202032 700.00 201.2400.43050EP&L PROFESSIONAL SERVICES 0125025-495123202032 3,500.00 263.00 609.0000.14500012925 INVURBAN GROWLER BREWING CO LLCE-38752202033MAIN02/13/2025 367.00 609.0000.14500020425 INVVENN BREWING COMPANY8105202034MAIN02/13/2025 120.67 609.9791.44020020425 MOPS,MATS,TOWELSVESTIS SERVICES. LLC2500598814202035MAIN02/13/2025 162.38 609.9792.44020020625 MOPS,MATS,TOWELS2500599760202035 86.73 609.9793.44020020625 MOPS,MATS,TOWELS2500599750202035 369.78 1,191.49 603.9510.42930YARD WASTE AND ORGANICS 1224WASTE MANAGEMENT OF WI-MN INC0000207-4651-7202036MAIN02/13/2025 4,776.00 701.9950.44020SCREEN LOUVRE VENTS-MSC GENERATORWILDLIFE MANAGEMENT SRVCS INC112813202037MAIN02/13/2025 107.48 101.2200.42171FOAMING VEHICLE SHAMPOOWW GRAINGER,INC9376658317202038MAIN02/13/2025 78.66 101.5200.42010FIRE EXT BRACKETS & SAFETY SIGNS9374105881202038 (71.55)601.9600.42010RTN MOUNTING FOOT KITS9219974129202038 114.59 72.24 101.3121.4381051-4159573-1XCEL ENERGY (N S P)51-4159573-1202039MAIN02/13/2025 13,225.80 101.3160.4381051-4159573-151-4159573-1202039 722.94 101.5200.4381051-4159573-151-4159573-1202039 539.31 212.3190.4381051-4159573-151-4159573-1202039 1,232.09 601.9600.4381051-4159573-151-4159573-1202039 1,031.27 602.9600.4381051-4159573-151-4159573-1202039 118.75 603.9530.4381051-4159573-151-4159573-1202039 54.32 604.9600.4381051-4159573-151-4159573-1202039 1,504.18 701.9950.4381051-4159573-151-4159573-1202039 345 Item 12. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 20/35Page : 02/20/2025 11:25 AM User: heathers DB: Columbia Heights CHECK DATE FROM 02/07/2025 - 02/20/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 18,500.90 25.98 601.9600.43810SOLAR SUBSCRIPTION 1224XCEL ENERGY SOLUTIONS003837202040MAIN02/13/2025 205.70 720.9980.43211CELL PHONE 0824-1224XIONG/VA2024202041MAIN02/13/2025 195.00 261.5029.44200YOUTH TRIP 100524ZERO GRAVITY TRMPOLINE PRK LLC00597202042MAIN02/13/2025 185.49 609.9791.43810SOLAR POWERARES NEE HOLDINGS, LLC17-0009191969(A)MAIN02/20/2025 159.08 609.9792.43810SOLAR POWER17-0009191969(A) 344.57 135.60 101.1110.420115-WIRELESS MOUSEWELLS FARGO CREDIT CARD20084149104151969(E)MAIN02/20/2025 232.49 101.1110.42011DELL THUNDERBOLT DOCK20084149104151969(E) 214.25 101.1110.42175MEAL-EDA COUNCIL WORK SESSION MTG 0305001969(E) 448.00 101.1110.43105GOVERNANCE GUIDE-2025 LEADERSHIP RETREAT112-0657031-54770551969(E) 125.00 101.1110.43105CITY DAY ON THE HILL RGST- R JAMES4200671969(E) 350.00 101.1110.431052025 ELECTED LEADERS INST:ADVD PRGM-R JAMES4207541969(E) 325.00 101.1110.43105COMMUNITY ENGAGEMENT TRAINING-MAYOR101731969(E) 247.08 101.1110.4437630 STRAW BALES-SNOWBLAST 2025131969(E) 470.90 101.1110.44376HEATER AND PROPANE TANK-SNOWBLAST212423-31969(E) 75.00 101.1110.48200FUNERAL FLOWERS-BRIAN CLERKIN005038251969(E) 195.00 101.1410.443302025 MEMBERSHIP-SARA ION20251969(E) 17.15 101.1510.42000CALENDAR113-6860961-39618381969(E) 22.99 101.1940.42171STORAGE BINS113-1953902-59434071969(E) 10.65 101.1940.42171LENS WIPES111-7572427-45034531969(E) 20.00 101.1940.42175COFFEE SYRUP113-7161396-58138351969(E) 25.96 101.2100.42000HANDHELD MAGNIFYING GLASS112-9231716-12434211969(E) 23.22 101.2100.42000MOUSE PADS112-4333440-88890111969(E) 215.96 101.2100.42000LANGUAGE TRANSLATION EARBUDS112-1855077-13474001969(E) 18.99 101.2100.42000EARBUDS-OKERSTROM FOR STATS111-1130330-62458011969(E) 31.28 101.2100.42000LABEL MAKER REFILLS, MONITOR RISER111-7558293-39010371969(E) 34.65 101.2100.42000ALCOHOL PADS-FINGERPRINTING,PENS111-9056455-56114261969(E) 15.47 101.2100.42000MAGNETIC TAPE STRIP-LOCKERS EVIDENCE111-8791303-42946411969(E) 52.13 101.2100.4200010 POCKET STORAGE BASE WITH ORGANIZER111-5433163-16474501969(E) 29.96 101.2100.42000ERGONOMIC LAPTOP STAND FOR DESK111-2550695-15722601969(E) 38.70 101.2100.42000#5 LITHIUM BATTERIES111-5460863-83058251969(E) 45.92 101.2100.42000PURELL HAND SANITIZER111-8312202-02234261969(E) 12.05 101.2100.42000FREE STANDING DOCUMENT HOLDER111-3903353-58954371969(E) 11.98 101.2100.42000AVERY ADDRESS LABELS111-0411563-99314431969(E) 25.15 101.2100.4200012V BATTERY FOR KEYBOXP791716251969(E) 765.45 101.2100.42010TOOL SET-OFFICE, #15 BOLT ACTION PENS112-8306733-93594541969(E) 3,068.07 101.2100.42170RECRUITMENT SWAG 283323121969(E) 143.39 101.2100.42171LUGGAGE TAGS112-9576440-64882091969(E)346 Item 12. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 21/35Page : 02/20/2025 11:25 AM User: heathers DB: Columbia Heights CHECK DATE FROM 02/07/2025 - 02/20/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 431.00 101.2100.421712-5'X8' MINNESOTA FLAG-FRONT OF BUILDINGSO6011 & SO60391969(E) 874.55 101.2100.42171CLOTTING GAUZE, ZIP TIES WITH SECURITY TAGS113-0014624-13522421969(E) 242.43 101.2100.42171MEGAMOVER 113-5045097-54634401969(E) 52.53 101.2100.42171BATHROOM AIR FRESHENER FOR PS113-3926446-60578511969(E) 107.96 101.2100.42171FIRST RESPONDER DOOR STOPS111-4505990-54226231969(E) 117.00 101.2100.42171300 MOUTHPIECES FOR DMTW1638111969(E) 902.49 101.2100.42172MEN & WOMENS SKI FACE MASKS112-8921965-77746031969(E) 26.00 101.2100.42172BOSKOVIC NAME TAG1965221969(E) 1,160.00 101.2100.42172QUARTER ZIP SHIRTS-PDWS21135031969(E) 192.97 101.2100.42175PIZZA-BOYS BASKETBALL MENTORSHIP PROGRAM470051969(E) 159.50 101.2100.42175DINNER-DIFFICULT CONVERSATIONS MEETINGR952861969(E) 17.89 101.2100.42282GAS-CAMERA TRAILER90334381969(E) 562.78 101.2100.43050SEAT COVERS W/ CUSTOM EMBROIDERY899961969(E) 205.00 101.2100.43105A NIGHTINGALE PSYCHOMOTOR EXAM FEES 111324 ALIINA1969(E) 1,097.00 101.2100.43105FORCE IN FOCUS TRNG-S TOMBERS, M FARAH,URBANIAK20841969(E) (300.00)101.2100.43105REFUND-ROMANIK BUDGET CLASS0263821969(E) 10.90 101.2100.43220SHIP-BADGES TO SUN BADGE FOR CORRECTION840-55530383-3-696101969(E) 17.20 101.2100.43220SHIPMENT TO OUTSIDE AGENCIES SWAG840-55530383-2-614201969(E) 43.80 101.2100.43220STAMPS FOR PD OFFICE840-55530383-2-614661969(E) 3,319.68 101.2100.43320LODGING IACP CONF-MARKHAM,JOHNSTON,PIEHN730045838580151969(E) 0.70 101.2100.44310LICENSE TAB # C2357999 & C235800003500338 & 035003391969(E) 76.00 101.2100.44330MONTHLY SUBSCRIPTION 0125 - 022520250106-0007231969(E) 50.00 101.2100.44330ANNUAL MEMBERSHIP DUES CHIEF MARKHAM630531969(E) 200.00 101.2100.443302025 ANNUAL MEMBERSHIP FEE1038-7481-3737-31951969(E) 220.00 101.2100.44330ANNUAL MEMBERSHIP E JOHNSTON02369431969(E) 32.50 101.2100.44390LICENSE TAB # C2357999 & C235800003500338 & 035003391969(E) 38.48 101.2200.42171PROF MEASURING WHEEL112-3802263-19162181969(E) 212.83 101.2200.42171MEDICAL MULTI-PURPOSE UVC CLEANER112-9154233-04466651969(E) 24.87 101.2200.42171CABLE CUTTING PLIER, MANOR BOOT TRAY178671969(E) 85.69 101.2200.42171MAGNETIC MIC CONV KIT FOR A6121483211969(E) 52.53 101.2200.42171BATHROOM AIR FRESHENER FOR PS113-3926446-60578511969(E) 35.50 101.2200.42175BAKERY TREATS-BADGE PINNING CEREMONY GD, JO000001151969(E) 25.00 101.2200.43105VIRTUAL TRUCK ACADEMY DIGITAL PASS TM24VRTLTRCKCDMZLX005W1969(E) 135.75 101.2200.43220EQUIP RENT 011824-04172410251908881969(E) 135.75 101.2200.43220EQUIP RENT 041824 - 07172410257258671969(E) 135.75 101.2200.43220EQUIP RENT 071824-10172410262755421969(E) 623.97 101.2200.43320FLIGHT-FDIC MATTSON00622960683671969(E) 623.97 101.2200.43320FLIGHT-FDIC PYKA00622960683681969(E) 7.48 101.3100.42000LABEL TAPE REPLACEMENT-PW113-0007878-08770691969(E) 7.48 101.3121.42000LABEL TAPE REPLACEMENT-PW113-0007878-08770691969(E) 34.65 101.3121.420009V ALKALINE BATTERIES - PW113-8809425-43530561969(E) 12.65 101.3121.42000HUMIDIFIER- PW113-7526860-17298071969(E)347 Item 12. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 22/35Page : 02/20/2025 11:25 AM User: heathers DB: Columbia Heights CHECK DATE FROM 02/07/2025 - 02/20/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 3.28 101.3121.42000CLEANING DUSTER SPRAY-PW113-6343979-74818231969(E) 3.37 101.3121.42000AIR FRESHENER & HAND SANITIZER113-5251742-52378511969(E) 2.64 101.3121.42000PUFFS FACIAL TISSUE 113-5251742-52378511969(E) 14.90 101.3121.42171MEMORY CARD-CAMERA114-1165867-62754631969(E) 104.36 101.3121.42280MAGNETS,16 GAUGE ELEC WIRE, TRAILER ADPTR114-9981182-12146671969(E) 52.98 101.5001.42170COACH WHISTLES, BASKETBALL BLOCKING SHIELD114-2417958-82602081969(E) 25.98 101.5004.42171SPOT IT BOARD GAME-EVENTS AND PROGRAMS114-7094242-77450521969(E) 6.98 101.5004.42171COOKIES & COCOA SUPPLIES-SANTA EVENT 01691Q1969(E) 137.83 101.5004.42175COOKIES & COCOA SUPPLIES-SANTA EVENT 01691Q1969(E) 43.89 101.5004.42175HOT COCOA BAR SUPPLIES- SANTA EVENT01630Q1969(E) 55.49 101.5004.44378SUPPLIES - SANTA EVENT114-8089348-75098571969(E) 45.98 101.5004.44378HOT COCOA BAR SUPPLIES- SANTA EVENT01630Q1969(E) 9.99 101.5040.42170MOVIE111-7021474-90586251969(E) 7.99 101.5040.42170SNACKS-INHOUSE ACTIVITIES00640Q1969(E) 15.43 101.5040.42170EVENT DECOR-SENIOR IN HOUSE ACTVITIES01283Q1969(E) (10.39)101.5040.42170RETURN PLACEMATS111-7085653-61666541969(E) 17.94 101.5040.42175SNACKS-INHOUSE ACTIVITIES00640Q1969(E) 61.40 101.5040.44200SUPPLIES-SOUP'S ON LUNCHEON3018891969(E) 19.62 101.5040.44200LUNCH OUTING WITH ACTIVE AGERS12221969(E) 20.00 101.5040.44200LUNCH OUTING WITH ACTIVE AGERS79-131969(E) 163.34 101.5040.44200LUNCH BUFFET-ACTIVE AGERS THEATER OUTING30451969(E) 20.00 101.5040.44200LUNCH OUTING WITH ACTIVE AGERS500121969(E) 163.00 101.5040.44200TICKETS-GINGERBREAD WONDERLAND0002791969(E) 7.48 101.5200.42000LABEL TAPE REPLACEMENT-PW113-0007878-08770691969(E) 12.67 101.5200.42000HUMIDIFIER- PW113-7526860-17298071969(E) 3.28 101.5200.42000CLEANING DUSTER SPRAY-PW113-6343979-74818231969(E) 3.35 101.5200.42000AIR FRESHENER & HAND SANITIZER113-5251742-52378511969(E) 2.66 101.5200.42000PUFFS FACIAL TISSUE 113-5251742-52378511969(E) 24.99 101.5200.421711000LBS FISHING MAGNET114-1262786-78530561969(E) 190.00 101.5200.443902025 PESTICIDE SAFETY RECERT- J. NORDLUND8981961969(E) 39.98 201.2400.42000MOUSE PAD WRST RST,MAGNFYING GLASS-ANNETTE112-8787028-97946371969(E) 350.00 201.2400.43105U OF M ANNUAL INSTITUTE-BUILDING OFFICIALS 8937101969(E) 800.00 201.2400.43105ICC CONFERANCE-RYAN,ANNETTE871455131969(E) 330.00 204.6314.44330ANNUAL MEMBERSHIP106791969(E) 26.50 225.9844.44030MONTHLY SUBSC-DEC 2024MC206305671969(E) 144.00 225.9844.440302025 GRAMMARLY SUBSC838944471969(E) 85.00 225.9844.44330ROTTLER 2025 MAGC MEMBERSHIP022361969(E) 56.19 240.5500.42170WATERCOLOR PAPER,PAINT,CRAYONS114-4750634-66626201969(E) 88.28 240.5500.42170TOTE BAGS,NEEDLES,PAINT PENS,THREAD112-3155885-85162591969(E) 17.29 240.5500.42170ADHESIVE FOAM,GLUE STICKS,NAME TAGS114-7127522-66162041969(E) 13.99 240.5500.42171HEAD HEX SOCKETS CAP BOLTS- LIBRARY113-4520396-87802401969(E) 230.00 240.5500.44330YRLY MEMBERSHIP - R.DOUGHERTY3000055461969(E)348 Item 12. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 23/35Page : 02/20/2025 11:25 AM User: heathers DB: Columbia Heights CHECK DATE FROM 02/07/2025 - 02/20/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 86.50 431.2100.45180SEAT COVERS W/ CUSTOM EMBROIDERY16294231969(E) 12.67 601.9600.42000HUMIDIFIER- PW113-7526860-17298071969(E) 3.28 601.9600.42000CLEANING DUSTER SPRAY-PW113-6343979-74818231969(E) 3.35 601.9600.42000AIR FRESHENER & HAND SANITIZER113-5251742-52378511969(E) 2.66 601.9600.42000PUFFS FACIAL TISSUE 113-5251742-52378511969(E) 112.46 601.9600.42173CHEST WADERS -PW113-0810437-67354271969(E) 7.48 602.9600.42000LABEL TAPE REPLACEMENT-PW113-0007878-08770691969(E) 12.67 602.9600.42000HUMIDIFIER- PW113-7526860-17298071969(E) 3.28 602.9600.42000CLEANING DUSTER SPRAY-PW113-6343979-74818231969(E) 3.35 602.9600.42000AIR FRESHENER & HAND SANITIZER113-5251742-52378511969(E) 2.66 602.9600.42000PUFFS FACIAL TISSUE 113-5251742-52378511969(E) 112.46 604.9600.42173CHEST WADERS -PW113-0810437-67354271969(E) 97.10 609.9791.42175CHRISTMAS MEAL - LIQUOR721064-011969(E) 6.08 609.9791.42282GAS FOR SNOWBLOWER32121281969(E) 76.45 609.9792.42175CHRISTMAS MEAL - LIQUOR721064-011969(E) 33.06 609.9793.42175CHRISTMAS MEAL - LIQUOR721064-011969(E) 788.20 701.0000.14120TIRES #8165PA907441969(E) 7.49 701.9950.42000LABEL TAPE REPLACEMENT-PW113-0007878-08770691969(E) 12.67 701.9950.42000HUMIDIFIER- PW113-7526860-17298071969(E) 31.32 701.9950.42000WHITE PAINT PENS - PW SHOP113-4190722-74290201969(E) 3.28 701.9950.42000CLEANING DUSTER SPRAY-PW113-6343979-74818231969(E) 3.35 701.9950.42000AIR FRESHENER & HAND SANITIZER113-5251742-52378511969(E) 2.66 701.9950.42000PUFFS FACIAL TISSUE 113-5251742-52378511969(E) 6.99 701.9950.42171SINGLE RAZOR BLADES - SHOP PW113-3926446-60578511969(E) 49.79 701.9950.42171COFFEE CREAMER113-1108193-73050051969(E) 800.00 701.9950.44030FORD SCAN TOOL SOFTWARE 011225-0112266315761969(E) 89.00 720.9980.42010KEYBOX-IT, ADAPTERS111-1869091-03810471969(E) 299.99 720.9980.42010POWER BANK 512WH112-6876592-96570431969(E) 45.13 720.9980.42010CORDLESS LED WORK LIGHTWM926284071969(E) 137.97 720.9980.42010TAPE MEASURE AND TOOL BAGWM926284071969(E) 999.77 720.9980.42010STEEL SHELVING FOR WORKROOM254764791969(E) 2,647.00 720.9980.42010SAFE-STORING BACKUP TAPES AT LIBRARY614061969(E) 444.80 720.9980.42011FORTIGATE 60F FOR IT111-4267349-51914691969(E) 174.24 720.9980.42011DELL DOCK-IT DIRECTOR111-1481953-06914251969(E) 7.99 720.9980.42011KEYBOX-IT, ADAPTERS111-1869091-03810471969(E) 213.48 720.9980.42011ERGONOMIC MOUSE AND KEYBOARD-IT TECH112-0731345-04666621969(E) 280.00 720.9980.42011HDMI STANDBY SWITCHER-CITY HALL11146924311969(E) 6.78 720.9980.42171HD CABLE TIES694090650281969(E) 17.75 720.9980.42175DONUTS-TYLER EPL MTG000000381969(E) 119.95 720.9980.42175LUNCH-TYLER EPL MTGOLO21969(E) 240.00 720.9980.43105PERSONAL PLAN-APPLICATION SUPPORT 1YRUS2024-26857441969(E) 195.92 720.9980.44030PASSWORD & DATA VAULT-POLICE08K3H-0857351871969(E)349 Item 12. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 24/35Page : 02/20/2025 11:25 AM User: heathers DB: Columbia Heights CHECK DATE FROM 02/07/2025 - 02/20/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 60.00 720.9980.44030CHATGPT SUBSC 1224-01232569ACA837-00061969(E) 1,687.95 881.5000.42170SOFTBALL PANTS, FLEXIBALL SOFTBALLS80482501969(E) 200.00 881.5050.42175COOKIES & COCOA SUPPLIES-SANTA EVENT 01691Q1969(E) 33,020.31 336.00 609.0000.14500020725 INVARTISAN BEER COMPANY37453191970(A)MAIN02/20/2025 60.00 609.0000.14500020725 INC37453201970(A) 766.40 609.0000.14500020725 INV37453171970(A) 60.00 609.0000.14500020725 INV37453181970(A) 1,222.40 244.43 609.0000.14500020525 INV,BAGSBELLBOY BAR SUPPLY01094496001971(A)MAIN02/20/2025 243.00 609.9793.42171020525 INV,BAGS01094496001971(A) 487.43 6,601.50 603.9510.42930ORGANICS 0125BETTER FUTURES MNINV17741972(A)MAIN02/20/2025 232.12 609.0000.14500020724 INV 700297736BREAKTHRU BEVERAGE MN W&S LLC1199558661973(A)MAIN02/20/2025 2,241.35 609.0000.14500020725 INV 7002977361199558671973(A) 862.50 609.0000.14500020725 INV 7002977361199558631973(A) 120.00 609.0000.14500020725 INV 7002977361199558641973(A) 1,145.60 609.0000.14500020725 INV/DEL 7002977171199558561973(A) 1,494.70 609.0000.14500020725 INV/DEL 7002977171199558621973(A) 1,625.00 609.0000.14500020725 INV/DEL 7002977171199558591973(A) 240.29 609.0000.14500020725 INV/DEL 7002977171199558601973(A) 709.50 609.0000.14500020725 INV/DEL 7002977171199558611973(A) 3,688.25 609.0000.14500020725 INV/DEL 7002977171199558571973(A) 1,440.00 609.0000.14500020725 INV/DEL 7002977171199558581973(A) 482.30 609.0000.14500020725 INV/DEL 7002977821199558701973(A) 4,360.00 609.0000.14500020725 INV/DEL 7002977361199558681973(A) 6.90 609.9791.42199020725 INV/DEL 7002977171199558561973(A) 14.95 609.9791.42199020725 INV/DEL 7002977171199558621973(A) 34.50 609.9791.42199020725 INV/DEL 7002977171199558591973(A) 6.90 609.9791.42199020725 INV/DEL 7002977171199558601973(A) 37.95 609.9791.42199020725 INV/DEL 7002977171199558611973(A) 18.40 609.9791.42199020725 INV/DEL 7002977171199558571973(A) 12.65 609.9791.42199020725 INV/DEL 7002977171199558581973(A) 1.44 609.9792.42199020724 INV 7002977361199558661973(A) 11.50 609.9792.42199020725 INV 7002977361199558671973(A) 4.60 609.9792.42199020725 INV 7002977361199558631973(A) 1.15 609.9792.42199020725 INV 7002977361199558641973(A) 23.00 609.9792.42199020725 INV/DEL 7002977361199558681973(A) 2.30 609.9793.42199020725 INV/DEL 7002977821199558701973(A)350 Item 12. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 25/35Page : 02/20/2025 11:25 AM User: heathers DB: Columbia Heights CHECK DATE FROM 02/07/2025 - 02/20/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 18,817.85 183.64 101.2100.42175COFFEE SUPPLIES PS 020525FIRST CHOICE COFFEE SERVICE0346811974(A)MAIN02/20/2025 183.65 101.2200.42175COFFEE SUPPLIES PS 0205250346811974(A) 367.29 657.00 609.0000.14500020625 INVJOHNSON BROTHERS LIQUOR CO.27246291975(A)MAIN02/20/2025 537.75 609.0000.14500020625 INV27246281975(A) 134.57 609.0000.14500020625 INV27246271975(A) 2,638.00 609.0000.14500020625 INV27246261975(A) 1,068.50 609.0000.14500020625 INV27246251975(A) 480.00 609.0000.14500020625 INV27246241975(A) 324.00 609.0000.14500020625 INV27246231975(A) 924.00 609.0000.14500020625 INV27246221975(A) 159.05 609.0000.14500020625 INV27246211975(A) 322.50 609.0000.14500020625 INV27246011975(A) 140.00 609.0000.14500020625 INV27236131975(A) 403.00 609.0000.14500020625 INV27236121975(A) 1,081.00 609.0000.14500020625 INV27236141975(A) 2,976.68 609.0000.14500020525 INV27224851975(A) 322.50 609.0000.14500020625 INV/DEL27246001975(A) 135.12 609.0000.14500020625 INV/DEL27246151975(A) 321.20 609.0000.14500020625 INV/DEL27246141975(A) 144.00 609.0000.14500020625 INV/DEL27246121975(A) 540.00 609.0000.14500020625 INV/DEL27246101975(A) 159.05 609.0000.14500020625 INV/DEL27246091975(A) 107.50 609.0000.14500020625 INV/DEL27246081975(A) 475.00 609.0000.14500020625 INV/DEL27246051975(A) 44.00 609.0000.14500020625 INV/DEL27246041975(A) 216.00 609.0000.14500020625 INV/DEL27246031975(A) 168.00 609.0000.14500020625 INV/DEL27246021975(A) 672.00 609.0000.14500012925 INV/DEL27176251975(A) 2,031.00 609.0000.14500020625 INV/DEL27246071975(A) 1,228.00 609.0000.14500020725 INV/DEL27246201975(A) 108.00 609.0000.14500020725 INV/DEL27246191975(A) 108.00 609.0000.14500020725 INV/DEL27246181975(A) 245.79 609.0000.14500020725 INV/DEL27246171975(A) 1,162.00 609.0000.14500020725 INV/DEL27246161975(A) 322.50 609.0000.14500020725 INV/DEL27246111975(A) 245.18 609.0000.14500020525 INV/DEL27224841975(A) 377.00 609.0000.14500020525 INV/DEL27224821975(A) 78.10 609.0000.14500020525 INV/DEL27224831975(A) 1,170.00 609.0000.14500013125 INV/DEL27204101975(A) 351 Item 12. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 26/35Page : 02/20/2025 11:25 AM User: heathers DB: Columbia Heights CHECK DATE FROM 02/07/2025 - 02/20/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 8.40 609.9791.42199020625 INV/DEL27246001975(A) 0.93 609.9791.42199020625 INV/DEL27246151975(A) 2.80 609.9791.42199020625 INV/DEL27246141975(A) 1.63 609.9791.42199020625 INV/DEL27246121975(A) 8.40 609.9791.42199020625 INV/DEL27246101975(A) 4.20 609.9791.42199020625 INV/DEL27246091975(A) 1.40 609.9791.42199020625 INV/DEL27246081975(A) 14.00 609.9791.42199020625 INV/DEL27246051975(A) 1.40 609.9791.42199020625 INV/DEL27246041975(A) 2.80 609.9791.42199020625 INV/DEL27246031975(A) 2.80 609.9791.42199020625 INV/DEL27246021975(A) 5.60 609.9791.42199012925 INV/DEL27176251975(A) 0.70 609.9791.42199020625 DEL27246131975(A) 25.20 609.9791.42199020625 INV/DEL27246071975(A) 5.60 609.9792.42199020625 INV27246291975(A) 5.60 609.9792.42199020625 INV27246281975(A) 1.16 609.9792.42199020625 INV27246271975(A) 32.20 609.9792.42199020625 INV27246261975(A) 26.60 609.9792.42199020625 INV27246251975(A) 7.70 609.9792.42199020625 INV27246241975(A) 4.20 609.9792.42199020625 INV27246231975(A) 15.40 609.9792.42199020625 INV27246221975(A) 4.20 609.9792.42199020625 INV27246211975(A) 8.40 609.9792.42199020625 INV27246011975(A) 4.20 609.9792.42199020625 INV27236131975(A) 5.60 609.9792.42199020625 INV27236121975(A) 7.23 609.9792.42199020625 INV27236141975(A) 21.00 609.9792.42199020525 INV27224851975(A) 0.23 609.9792.42199020525 INV/DEL27224831975(A) 15.40 609.9793.42199020725 INV/DEL27246201975(A) 4.20 609.9793.42199020725 INV/DEL27246191975(A) 1.40 609.9793.42199020725 INV/DEL27246181975(A) 1.63 609.9793.42199020725 INV/DEL27246171975(A) 8.40 609.9793.42199020725 INV/DEL27246161975(A) 8.40 609.9793.42199020725 INV/DEL27246111975(A) 3.50 609.9793.42199020525 INV/DEL27224841975(A) 7.00 609.9793.42199020525 INV/DEL27224821975(A) 16.80 609.9793.42199013125 INV/DEL27204101975(A) 22,522.30 134,665.45 602.9480.42900MARCH 2025 WASTEWATERMETROPOLITAN COUNCIL WASTEWATER000118321221976(A)MAIN02/20/2025 28.05 609.0000.14500020625 INVPHILLIPS WINE & SPIRITS INC69259941977(A)MAIN02/20/2025 352 Item 12. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 27/35Page : 02/20/2025 11:25 AM User: heathers DB: Columbia Heights CHECK DATE FROM 02/07/2025 - 02/20/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 90.00 609.0000.14500020625 INV69259931977(A) 99.25 609.0000.14500020625 INV69259921977(A) 192.00 609.0000.14500020625 INV69259911977(A) 704.00 609.0000.14500020625 INV69259901977(A) 120.00 609.0000.14500020625 INV69259881977(A) 84.00 609.0000.14500020625 INV69259891977(A) 484.00 609.0000.14500020625 INV/DEL69259781977(A) 159.08 609.0000.14500020625 INV/DEL69259771977(A) 120.00 609.0000.14500020625 INV/DEL69259841977(A) 84.00 609.0000.14500020625 INV/DEL69259831977(A) 99.00 609.0000.14500020625 INV/DEL69259821977(A) 193.50 609.0000.14500020625 INV/DEL69259811977(A) 342.22 609.0000.14500020625 INV/DEL69259791977(A) 470.16 609.0000.14500020725 INV/DEL69259871977(A) 15.40 609.9791.42199020625 INV/DEL69259781977(A) 0.47 609.9791.42199020625 INV/DEL69259771977(A) 1.63 609.9791.42199020625 INV/DEL69259841977(A) 1.52 609.9791.42199020625 INV/DEL69259831977(A) 2.80 609.9791.42199020625 INV/DEL69259821977(A) 1.40 609.9791.42199020625 INV/DEL69259811977(A) 6.30 609.9791.42199020625 INV/DEL69259791977(A) 1.40 609.9792.42199020625 INV69259941977(A) 1.40 609.9792.42199020625 INV69259931977(A) 1.40 609.9792.42199020625 INV69259921977(A) 4.20 609.9792.42199020625 INV69259911977(A) 22.40 609.9792.42199020625 INV69259901977(A) 1.40 609.9792.42199020625 INV69259881977(A) 1.40 609.9792.42199020625 INV69259891977(A) 0.23 609.9792.42199020625 DEL69259851977(A) 0.12 609.9792.42199020625 DEL69259861977(A) 2.80 609.9793.42199020725 INV/DEL69259871977(A) 3,335.53 503.99 609.0000.14500013025 INVSOUTHERN GLAZER'S25835001978(A)MAIN02/20/2025 5,495.24 609.0000.14500020625 INV25861661978(A) 763.15 609.0000.14500020625 INV25861651978(A) 234.00 609.0000.14500020625 INV25861631978(A) 393.50 609.0000.14500020625 INV25861621978(A) 933.14 609.0000.14500020625 INV25861611978(A) 270.98 609.0000.14500020625 INV25861691978(A) 414.15 609.0000.14500020625 INV25861701978(A) 864.00 609.0000.14500020625 INV25861711978(A)353 Item 12. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 28/35Page : 02/20/2025 11:25 AM User: heathers DB: Columbia Heights CHECK DATE FROM 02/07/2025 - 02/20/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 270.98 609.0000.14500020625 INV/DEL25861551978(A) 280.00 609.0000.14500020625 INV/DEL25861561978(A) 224.00 609.0000.14500020625 INV/DEL25861571978(A) 224.00 609.0000.14500020625 INV/DEL25861581978(A) 6,097.59 609.0000.14500020625 INV/DEL25861461978(A) 673.65 609.0000.14500020625 INV/DEL25861391978(A) 340.00 609.0000.14500020625 INV/DEL25861431978(A) 610.00 609.0000.14500020625 INV/DEL25861411978(A) 234.00 609.0000.14500020625 INV/DEL25861451978(A) 2,251.12 609.0000.14500020625 INV/DEL25861481978(A) 393.50 609.0000.14500020625 INV/DEL25861491978(A) 117.00 609.0000.14500020625 INV/DEL25861501978(A) 890.52 609.0000.14500020625 INV/DEL25861511978(A) 530.97 609.0000.14500013025 INV/DEL25834931978(A) 234.00 609.0000.14500020625 INV/DEL25862921978(A) 593.75 609.0000.14500020625 INV/DEL25862931978(A) 596.95 609.0000.14500020625 INV/DEL25862951978(A) 1.39 609.9791.42199020625 INV/DEL25861551978(A) 7.68 609.9791.42199020625 INV/DEL25861561978(A) 6.40 609.9791.42199020625 INV/DEL25861571978(A) 6.40 609.9791.42199020625 INV/DEL25861581978(A) 45.44 609.9791.42199020625 INV/DEL25861461978(A) 5.12 609.9791.42199020625 INV/DEL25861391978(A) 7.68 609.9791.42199020625 INV/DEL25861431978(A) 14.08 609.9791.42199020625 INV/DEL25861411978(A) 0.85 609.9791.42199020625 INV/DEL25861451978(A) 8.96 609.9791.42199020625 INV/DEL25861481978(A) 7.04 609.9791.42199020625 INV/DEL25861491978(A) 1.07 609.9791.42199020625 INV/DEL25861501978(A) 8.96 609.9791.42199020625 INV/DEL25861511978(A) 6.40 609.9791.42199013025 INV/DEL25834931978(A) 2.56 609.9791.42199020625 DEL25861421978(A) 6.40 609.9792.42199013025 INV25835001978(A) 2.56 609.9792.42199020625 DEL25861591978(A) 38.40 609.9792.42199020625 INV25861661978(A) 5.12 609.9792.42199020625 INV25861651978(A) 0.85 609.9792.42199020625 INV25861631978(A) 7.04 609.9792.42199020625 INV25861621978(A) 21.76 609.9792.42199020625 INV25861611978(A) 1.39 609.9792.42199020625 INV25861691978(A) 3.95 609.9792.42199020625 INV25861701978(A) 6.40 609.9792.42199020625 INV25861711978(A)354 Item 12. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 29/35Page : 02/20/2025 11:25 AM User: heathers DB: Columbia Heights CHECK DATE FROM 02/07/2025 - 02/20/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 0.85 609.9793.42199020625 INV/DEL25862921978(A) 3.84 609.9793.42199020625 INV/DEL25862931978(A) 7.68 609.9793.42199020625 INV/DEL25862951978(A) 24,670.45 177,256.18 603.9510.42910REFUSE & RECYCLING 0225WALTERS RECYCLING & REFUSE INC.00085546901979(A)MAIN02/20/2025 51,605.03 603.9510.42920REFUSE & RECYCLING 022500085546901979(A) 228,861.21 120.00 609.0000.14500020625 INV/DELWINE MERCHANTS75074191980(A)MAIN02/20/2025 1,068.00 609.0000.14500020625 INV/DEL75074181980(A) 1.40 609.9791.42199020625 INV/DEL75074191980(A) 11.20 609.9791.42199020625 INV/DEL75074181980(A) 1,200.60 165.00 101.5040.43050DEFENSIVE DRIVER COURSE 021125AARPC37602202043MAIN02/20/2025 1,060.50 101.2200.43105MED DIRECTORSHIP Q4 1024-1224ALLINA HEALTH SYSTEMSCI00058689202044MAIN02/20/2025 375.00 101.5129.44020ICE MACHINE CLEANING 021025ALTEMP MECHANICAL, INC.270125202045MAIN02/20/2025 425.20 609.0000.14500020725 INVAMERICAN BOTTLING COMPANY4849902134202046MAIN02/20/2025 253.44 609.0000.14500020425 INV4847902822202046 1,006.90 609.0000.14500020425 INV4850203221202046 1,685.54 344.45 101.2200.42010FIRE EXTINGUISHERSAMERICAN CYLINDER INC222009202047MAIN02/20/2025 437.81 101.2200.44000FIRE EXTINGUISHER SVC, CERT - FIRE222008202047 782.26 2,258.65 101.1110.43050TRUTH IN TAXATION, SPECIAL ASSESSMENTS, 2024 TIFANOKA COUNTY PROPERTY RECORDS013125202048MAIN02/20/2025 5,364.72 372.7000.43050TRUTH IN TAXATION, SPECIAL ASSESSMENTS, 2024 TIF013125202048 689.72 375.7000.43050TRUTH IN TAXATION, SPECIAL ASSESSMENTS, 2024 TIF013125202048 1,566.44 391.7000.43050TRUTH IN TAXATION, SPECIAL ASSESSMENTS, 2024 TIF013125202048 671.02 392.7000.43050TRUTH IN TAXATION, SPECIAL ASSESSMENTS, 2024 TIF013125202048 671.02 393.7000.43050TRUTH IN TAXATION, SPECIAL ASSESSMENTS, 2024 TIF013125202048 652.32 394.7000.43050TRUTH IN TAXATION, SPECIAL ASSESSMENTS, 2024 TIF013125202048 2,539.85 415.6400.43050TRUTH IN TAXATION, SPECIAL ASSESSMENTS, 2024 TIF013125202048 14,413.74 26.00 101.1110.42175MEETING MEALS ANOKA COUNTY TREASUREREC02032507202049MAIN02/20/2025 5,234.49 431.2200.45180APX6500 DIGITAL RADIO - AERIAL 6AR022674202049 5,260.49 355 Item 12. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 30/35Page : 02/20/2025 11:25 AM User: heathers DB: Columbia Heights CHECK DATE FROM 02/07/2025 - 02/20/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 826.35 101.2200.42172CLASS A UNIFORM ASPEN MILLS, INC.348127202050MAIN02/20/2025 14.85 101.2200.42172NAME TAG 347512202050 2,004.91 101.2200.42172NT, SHIRTS, PANTS, POLOS, JKTS, CAPS, BOOTS CHIEF 2347889202050 1,751.70 272.2200.42173BODY ARMOR 348206202050 4,597.81 76.92 701.0000.14120BREAKER CIRCUIT 30AMPASTLEFORD INTERNATIONAL01P125191202051MAIN02/20/2025 400.00 101.1110.43050COUNCIL HEADSHOTS, GROUP PHOTO 2025BEN SAEFKE PHOTOGRAPHY650202052MAIN02/20/2025 244.68 101.2200.42171GLUCOCARD VITAL METER, TEST STRIPSBOUND TREE MEDICAL LLC85655179202053MAIN02/20/2025 215.76 101.2200.42171RESCUE BLANKETS85642507202053 67.40 101.2200.42171ASPIRIN, LANCETS, ALBUTEROL85644238202053 527.84 964.25 101.1940.43810ELECTRICITY 11/1/2024 - 11/30/2024 PER LEASING AGREEMENT W/ BPOZBPOZ COLUMBIA HEIGHTS, LLC1015202054MAIN02/20/2025 147.64 101.1110.43320UBER TAMPA FL 111224-111724BUESGENS/CONNIE1124202055MAIN02/20/2025 16.72 101.5200.438305467671-3CENTER POINT LARGE PRINT INC5467671-3202056MAIN02/20/2025 16.91 101.1940.4383064032041114-3CENTERPOINT ENERGY6403204114-3202057MAIN02/20/2025 304.07 101.5200.438305452216-45452216-4202057 110.64 101.5200.4383010802324-310802324-3202057 2,327.50 240.5500.4383010570341-710570341-7202057 30.13 602.9600.4383011299887-711299887-7202057 24.13 602.9600.438309644621-69644621-6202057 348.13 609.9793.438306402970054-56402970054-5202057 3,161.51 65.76 609.9791.43210763 572-2695CENTURYLINK7635722695202058MAIN02/20/2025 219.00 701.0000.14120PURUSCHAMBERLAIN OIL COMPANY INC499794-00202059MAIN02/20/2025 76.55 101.1940.44020RUGS 020525CINTAS INC4220081958202060MAIN02/20/2025 42.88 101.5129.44020MOPS JPM 0211254220656440202060 119.43 100.00 603.9530.42920PLASTIC BAGS & STYROFOAM RECYCLE 0225CITY OF COON RAPIDSAR-0000014632202061MAIN02/20/2025 10,478.00 101.0000.321262024 RENTAL LICENSE REVENUECITY OF HILLTOP2024202062MAIN02/20/2025 110.00 101.1940.44020WINDOW CLEANING 0125CITY WIDE WINDOW SERVICE INC743620202063MAIN02/20/2025 128.00 240.5500.44020WINDOW CLEANING 0125743404202063 48.66 609.9791.44020WINDOW CLEANING 0125742818202063 27.09 609.9792.44020WINDOW CLEANING 0125742809202063 313.75 356 Item 12. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 31/35Page : 02/20/2025 11:25 AM User: heathers DB: Columbia Heights CHECK DATE FROM 02/07/2025 - 02/20/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 20.35 601.9600.42171PROPANE REFILLCOLUMBIA HEIGHTS RENTAL INC1-1041461202064MAIN02/20/2025 8,000.00 651.9699.45180.2409AMI HARDWARE/INSTALLCORE & MAIN LPW348394202065MAIN02/20/2025 2,500.00 651.9699.45180.2409SETUP & TRAININGW372991202065 243,890.00 651.9699.45180.2409WATER METER INSTALLATION W421022202065 2,500.00 652.9699.45180.2409SETUP & TRAININGW372991202065 256,890.00 5,000.00 408.6411.44600FACADE IMPROVEMENT GRANT DARRYL TILDEN021225202066MAIN02/20/2025 253.38 701.9950.42010FLUID EXTRACTOR, DRAW MONITOR, 5PC CLIP LIFTER DELEGARD TOOL CO INC450531/1202067MAIN02/20/2025 1,306.60 609.9791.43420FREQUNCEDIS/GEO/PREROLL 020825ECM PUBLISHERS INC1035874202068MAIN02/20/2025 1,028.60 609.9792.43420FREQUNCEDIS/GEO/PREROLL 0208251035874202068 444.80 609.9793.43420FREQUNCEDIS/GEO/PREROLL 0208251035874202068 2,780.00 881.01 601.9600.4217112X20 FT PVC, ADPT COUPLINGFERGUSON WATERWORKS INC0542327202069MAIN02/20/2025 683.00 601.9600.42171FASTITE PIPE0542289202069 1,564.01 221.12 101.2200.42010VARIABLE STRAPS, FOOTMAN'S LOOPSFIRE EQUIPMENT SPECIALTIES21366202070MAIN02/20/2025 27.32 701.0000.14120LAMPS FLEETPRIDE INC123157695202071MAIN02/20/2025 27.84 701.0000.14120FILTERS123141616202071 6.53 701.0000.14120O-RING, CONNECTOR123244378202071 61.69 9.06 701.9950.42010DETAIL BRUSH KIT, HOOK PICK SET GENUINE PARTS/NAPA AUTO984904202072MAIN02/20/2025 1,895.00 101.6102.42171TREEGATORSGERTENS GREENHOUSE233643/12202073MAIN02/20/2025 43.22 601.9600.43050CALLOUT TICKETS 0125, ANNUAL OPERATOR FEE 2025GOPHER STATE ONE CALL INC5010310202074MAIN02/20/2025 42.92 602.9600.43050CALLOUT TICKETS 0125, ANNUAL OPERATOR FEE 20255010310202074 43.51 604.9600.43050CALLOUT TICKETS 0125, ANNUAL OPERATOR FEE 20255010310202074 129.65 1,204.00 101.1320.43050PRE-EMPLOYMENT SERVICES 0125GROUP HEALTH PLAN INC17703202075MAIN02/20/2025 3,282.50 601.9600.42160FILL SAND, RECYCLED CLASS 5HASSAN SAND & GRAVEL183851202076MAIN02/20/2025 158.00 609.0000.14500020725 INVHOHENSTEINS INC793417202077MAIN02/20/2025 2,286.50 609.0000.14500020725 INV793192202077 2,444.50 321.55 101.2100.42171TWLS, WIPES, LINRS, ERASER SPONGEIMPERIAL DADE4339201202078MAIN02/20/2025 321.56 101.2200.42171TWLS, WIPES, LINRS, ERASER SPONGE4339201202078 357 Item 12. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 32/35Page : 02/20/2025 11:25 AM User: heathers DB: Columbia Heights CHECK DATE FROM 02/07/2025 - 02/20/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 643.11 41.73 101.1940.42000DISH SOAP, POST ITS, CARD REELS, STENO PADS, PENS, ENVELOPESINNOVATIVE OFFICE SOLUTIONS LLCIN4757438202079MAIN02/20/2025 64.70 101.1940.42171COMPOSTABLE BOWLSIN4739315202079 10.53 101.1940.42171DISH SOAP, POST ITS, CARD REELS, STENO PADS, PENS, ENVELOPESIN4757438202079 36.07 601.9600.42000APPOINTMENT BOOKSINV4740150202079 36.07 602.9600.42000APPOINTMENT BOOKSINV4740150202079 80.28 701.9950.42000TONERINV4737417202079 286.10 701.9950.42000HP TONERSINV4735262202079 555.48 224.76 609.0000.14500020625 INVINSIGHT BREWING COMPANY, LLC21620202080MAIN02/20/2025 2,176.12 101.2200.42010KEY TRUE-ID FIRE HOSESJEFFERSON FIRE & SAFETY INCPB002027202081MAIN02/20/2025 130.00 101.2200.42171GEAR GRID PLATES, PAR TAGS K & S ENGRAVING LLC13750202082MAIN02/20/2025 21,156.00 101.1110.44330ANNUAL DUES 0924-0825LEAGUE OF MINNESOTA CITIES419361202083MAIN02/20/2025 92,413.00 884.0000.15510COMMERCIAL INSURANCE 2024-2025LEAGUE OF MN CITIES INS TRUST020425202084MAIN02/20/2025 627.90 101.2100.43050TRANSLATION SVCS 0125LIONBRIDGE TECHNOLOGIES, LLC68736202085MAIN02/20/2025 370.16 701.0000.14120SPINNERLITTLE FALLS MACHINE INC372916202086MAIN02/20/2025 5,715.00 101.2100.42012OLD CAMERA FIX/REPLACE/INSTALL MARCO, INCINV13442809202087MAIN02/20/2025 8,844.10 101.2100.42012OLD CAMERA FIX/REPLACE/INSTALLINV13347320202087 14,196.45 101.2100.420121 - X1264R NVR 4X24TB HD AND INSTALL INV13337935202087 357.27 720.9980.420121 - SE4 IR DOME CAMERAINV13314117202087 29,112.82 280.00 609.0000.14500021125 INVMAVERICK BEVERAGE COMPANY MINNESOTAINV1505493202088MAIN02/20/2025 1.50 609.9791.42199021125 INVINV1505493202088 281.50 425.00 609.0000.14500020725 INVMCDONALD DISTRIBUTING CO791127202089MAIN02/20/2025 519.15 609.0000.14500020725 INV791178202089 (504.00)609.0000.14500020725 INV791282202089 440.15 100.00 101.2200.443302025 DUES O'BRIENMETRO CHIEFS OFFICER FIRE ASSN2025202090MAIN02/20/2025 53.48 701.0000.14120SEAT BELT BUCKLEMIDWAY FORD868448202091MAIN02/20/2025 163,416.07 601.9400.42990WATER PURCHASE 0125MINNEAPOLIS FINANCE DEPT.020625202092MAIN02/20/2025 23.00 602.9600.43105WASTEWATER CERTIFICATE HOPKINS MN POLLUTION CONTROL AGENCYSC-77160104202093MAIN02/20/2025 358 Item 12. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 33/35Page : 02/20/2025 11:25 AM User: heathers DB: Columbia Heights CHECK DATE FROM 02/07/2025 - 02/20/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 682.81 609.0000.14500020625 INVMODIST BREWING CO LLCE-56811202094MAIN02/20/2025 9,230.00 101.6102.45180WATER TRAILERMULTIQUIP INC94251572202095MAIN02/20/2025 225.00 101.2200.44330MEMBERSHIP 0425 - 0326NFPA INTERNATIONAL0965708M202096MAIN02/20/2025 3,000.00 415.6450.44000REMOVAL DISEASED ASH TREE 4034 4TH ST NENICK'S TREE SERVICE INC1264202097MAIN02/20/2025 2,800.00 415.6450.44000REMOVAL DISEASED ASH TREE--4111 7TH ST NE1263202097 5,800.00 715.00 609.9792.44020UNIT HEATER - ROLLOUT SWITCHNORTHLAND REFRIGERATION INCORPORATE5757202098MAIN02/20/2025 6,528.00 720.9980.44030NETWORK MONITORING 021125-021126OBKIO INC.648C2290-0006202099MAIN02/20/2025 226.41 101.2100.43810SOLAR POWERONSITE PARTNERS PROJECTCO, LLCINV-0389202100MAIN02/20/2025 800.98 101.2100.43810SOLAR POWER - AUGUST 2024419-21515555202100 226.40 101.2200.43810SOLAR POWERINV-0389202100 800.97 101.2200.43810SOLAR POWER - AUGUST 2024419-21515555202100 1,113.21 240.5500.43810SOLAR POWERINV-0389202100 3,292.10 240.5500.43810SOLAR POWER - AUGUST 2024419-21515555202100 575.37 701.9950.43810SOLAR POWERINV-0389202100 1,750.02 701.9950.43810SOLAR POWER - AUGUST 2024419-21515555202100 8,785.46 448.00 609.0000.14500020625 INV/DELPAUSTIS & SONS WINE COMPANY258217202101MAIN02/20/2025 10.00 609.9791.42199020625 INV/DEL258217202101 458.00 505.75 609.9791.44020PEST CONTROL 0225-0126PLUNKETT'S, INC8982732202102MAIN02/20/2025 451.03 609.9793.44020PEST CONTROL 0225-01268982723202102 956.78 13.86 101.1110.43210013125 -10010429POPP.COM INC992865858202103MAIN02/20/2025 13.86 101.1320.43210013125 -10010429992865858202103 13.86 101.1510.43210013125 -10010429992865858202103 102.22 101.1940.43210013125 -10010429992865858202103 12.92 101.5000.43210013125 -10010429992865858202103 57.10 101.5129.43210013125 -10010429992865858202103 13.86 204.6314.43210013125 -10010429992865858202103 13.87 720.9980.43210013125 -10010429992865858202103 241.55 70.00 101.2200.42171HELMET DECALS PRO GRAPHICS8532202104MAIN02/20/2025 62.00 609.0000.14500021125 INVPRYES BREWING COMPANY LLCW-92321202105MAIN02/20/2025 359 Item 12. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 34/35Page : 02/20/2025 11:25 AM User: heathers DB: Columbia Heights CHECK DATE FROM 02/07/2025 - 02/20/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 277.40 609.0000.14500020725 INVRED BULL DISTRIBUTION CO INC2023670542202106MAIN02/20/2025 18.85 101.1410.44000SHREDDING 010225ROHN INDUSTRIES INC0039772202107MAIN02/20/2025 18.85 101.1410.44000SHREDDING 0113250040405202107 121.10 101.2100.43050SHREDDING 0127250041270202107 158.80 480.00 101.3121.44000CHAIN LINK FENCE SECURITY FENCE & CONSTRUCTION6624202108MAIN02/20/2025 7,500.00 226.9846.430502025 SPANO LEADERSHIP WORKSHOPSPANO GROUP ADVISORS1202109MAIN02/20/2025 21.62 101.1510.42000FORKS, SPOONS, STAMP PAD, DATE STAMPSTAPLES ADVANTAGE6021419421202110MAIN02/20/2025 95.48 101.1940.420003 RING BINDERS, COPY PAPER, CARDSTOCK6021419419202110 172.97 101.1940.42000HP 89A TONER, 3 RING BINDERS6021912906202110 394.73 101.1940.42000HP 89A TONER, 3 RING BINDERS6023438619202110 30.05 101.1940.42171FORKS, SPOONS, STAMP PAD, DATE STAMP6021419421202110 6.18 204.6314.42000FORKS, SPOONS, STAMP PAD, DATE STAMP6021419421202110 11.08 204.6314.420003 RING BINDERS, COPY PAPER, CARDSTOCK6021419419202110 18.96 204.6314.42000HP 89A TONER, 3 RING BINDERS6021912906202110 751.07 1,175.00 701.9950.44000MAINT 020825-020726SYN-TECH SYSTEMS INC308721202111MAIN02/20/2025 90.00 101.5004.43050MINECRAFT GAME CODING WITH SCRATCH 020825 & 021525TECH ACADEMY5983202112MAIN02/20/2025 46,453.94 431.2100.451502025 POLICE INTERCEPTOR UTILITY VIN 1FM5K8AC9SGB05200 #8251TENVOORDE FORD INCINV258306202113MAIN02/20/2025 46,453.94 431.2100.451502025 POLICE INTERCEPTOR UTILITY. VIN 1FM5K8AC8SGB05107 #8250INV258305202113 92,907.88 19.04 101.2100.43810SOLAR POWERUMBRA SOLAR FUND LLC26-000313202114MAIN02/20/2025 18.24 101.2100.43810SOLAR POWER26-000317202114 14.60 101.2100.43810SOLAR POWER26-000321202114 19.05 101.2200.43810SOLAR POWER26-000313202114 18.23 101.2200.43810SOLAR POWER26-000317202114 14.61 101.2200.43810SOLAR POWER26-000321202114 103.77 325.00 609.0000.14500021225 INVURBAN GROWLER BREWING CO LLCE-38850202115MAIN02/20/2025 120.67 609.9791.44020021125 MOPS,MATS,TOWELSVESTIS SERVICES. LLC2500602043202116MAIN02/20/2025 498.25 609.0000.14500020725 INV/DELVINOCOPIA INC0367702-IN202117MAIN02/20/2025 1,335.00 609.0000.14500020725 INV/DEL0367712-IN202117 10.00 609.9791.42199020725 INV/DEL0367702-IN202117 18.00 609.9792.42199020725 INV/DEL0367712-IN202117 360 Item 12. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 35/35Page : 02/20/2025 11:25 AM User: heathers DB: Columbia Heights CHECK DATE FROM 02/07/2025 - 02/20/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 1,861.25 433.76 701.0000.14120ROTORS, PADSWHOLESALE TRUCK-TRLR PRTS INC2504472994202118MAIN02/20/2025 16.63 101.5040.42175LUNCH REIMB 013025WINDSCHITL/KEITH4601508202119MAIN02/20/2025 2,713.60 101.2100.4381051-5047554-2XCEL ENERGY (N S P)1160701764202120MAIN02/20/2025 2,713.57 101.2200.4381051-5047554-21160701764202120 11.37 101.3160.4381051-0013562395-21158348924202120 10.31 101.3160.438105194159572-01158348816202120 11.50 101.3160.4381051-4174399-11159508292202120 1,638.92 101.5129.4381051-4350334-81160694650202120 843.16 101.9200.4381051-7085831-01156837838202120 935.45 601.9600.4381051-0012949181-31158166062202120 8,877.88 1,892,217.66 TOTAL OF 208 CHECKSTOTAL - ALL FUNDS 361 Item 12. StatusDepositCheck AmountGrossNameCheck NumberBankCheck Date DirectPhysicalCheck For Check Dates 01/25/2025 to 02/07/2025 02/12/2025 09:59 AM Check Register Report For City Of Columbia Heights Page 1 of 1 Open0.00330.59330.59MN CHILD SUPPORT PAYMENT CENTE 100829PR02/07/2025 Open0.001,168.001,168.00LELS #311 OFFICERS UNION 100830PR02/07/2025 Open0.00365.00365.00LELS #342 SERGEANT UNION 100831PR02/07/2025 Open0.002,513.002,513.00MEDICA HEALTH PLANS 100832PR02/07/2025 Open0.001,283.021,283.02MEDICA 100833PR02/07/2025 Open0.00359.00359.00MEDICA 100834PR02/07/2025 Open0.00200.00200.00COL HTS LOCAL 1216 EFT1469PR02/07/2025 Open0.00270.00270.00COLHTS FIREFIGHTER ASSN EFT1470PR02/07/2025 Open0.001,480.241,480.24MSRS MNDCP PLAN 650251 EFT1471PR02/07/2025 Open0.008,869.948,869.94HSA BANK EFT1472PR02/07/2025 Open0.0070.0070.00PMA UNION DUES EFT1473PR02/07/2025 Open0.00140.00140.00COL HGTS POLICE ASSN EFT1474PR02/07/2025 Open0.00111,951.83111,951.83IRS EFT1475PR02/07/2025 Open0.002,546.922,546.92MISSION SQUARE 401 (ROTH) EFT1476PR02/07/2025 Open0.0021,901.5621,901.56MISSION SQUARE 457(B) EFT1477PR02/07/2025 Open0.001,803.591,803.59MISSION SQUARE RHS EFT1478PR02/07/2025 Open0.0098,440.5498,440.54PERA 397400 EFT1479PR02/07/2025 Open0.0023,296.8923,296.89STATE OF MN TAX EFT1480PR02/07/2025 12 6 Total Check Stubs: Total Physical Checks: 0.00276,990.12276,990.12Number of Checks: 018Totals: 362 Item 12. ITEM: Approve Closing of City Hall Condominium Transfer Agreement and Related Insurance Agreement DEPARTMENT: Administration BY/DATE: City Manager / February 19, 2025 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 October of 2020, the City executed a City Hall Transfer Agreement with BPOZ Columbia Heights, LLC (Alatus). The Transfer Agreement specified the terms for completion and conveyance of the new City Hall condo unit by Alatus to the City. Since the execution of the agreement, Alatus has completed the City Hall condo unit and delivered on their obligations under the agreement. However, the City has not taken ownership of the unit. Rather, the City was allowed to move into the new City Hall under a Move In Agreement that was executed in July of 2023. The delay in transferring ownership to the City was initially related to challenges and delays at the County level with recording the CIC plat (condo plat). Due to the complex chain of ownership for the underlying parcels that make up the redevelopment site, it took the City, Alatus, and the County more time than expected to unpack all the encumbrances that impacted the title transfer and recording of a new clean plat. Ultimately, the title and plat issues were res olved in late 2023, and the City was set to close on the transfer of the City Hall condo in March of 2024. However, during the final review of the closing documents, the City’s general counsel at Barna Guzy identified issues with the property and liability insurance that was in place for the condo association. These issues were last discussed with the Council at the August 5, 2024 work session. The primary concerns related to the following:  The insurance proposed by Alatus was not secured solely by the condo association as specified in the condo declarations. Rather the insurance was provided through the primary equity investor in the apartment project under a master policy of property insurance that also covers additional properties.  There were gaps in coverage under the master policy that left the City exposed to greater risk. The gaps related to how the City and condo association were represented on the insurance certificates proposed under the master policy. The position of any given entity on the certificates dictates the ultimate level of coverage provided. The City’s counsel determined that changes needed to be made in this regard. CITY COUNCIL MEETING AGENDA SECTION ITEMS FOR CONSIDERATION MEETING DATE FEBRUARY 24, 2025 363 Item 13. City of Columbia Heights - Council Letter Page 2  There were concerns by the City that the coverage would not guarantee full replacement of the project in the event of catastrophic loss such as severe fire, or significant tornado occurrence. SUMMARY OF CURRENT STATUS Since the August 2024 work session, the City and Alatus have continued to work together to find a solution that is acceptable to all parties. This solution is represented in the proposed Insurance agreement being considered by the Council. The primary points to consider are as follows:  The property insurance provided for the condo association remains as a master policy that covers additional properties.  The master policy approach is acceptable to the City because of changes that have been made to how the City and the condo association are represented on the insurance certificates. The property insurance certificate will now designate the City and association as “named insureds” or “additional name insureds.” The liability insurance certificate will now designate the association as “named insured”, and the City as “additional insured.” These changes will close the gaps in coverage and give the City a stronger seat at the table in the claims negotiation and procurement process.  The question of rebuilding the project in the event of a significant casualty occurrence remains open. Although there is statutory authority to require rebuilding that the City has not formally waived and may be able to utilize in the future, the developer has indicated a conc ern with such statutory obligation regarding required reconstruction and effectively seeks to leave this as an open issue to be negotiated in the event of a significant casualty occurrence. In lieu of this issue causing further delay and in lieu of negotiation a formal and tedious contractual agreement, the developer has agreed to include the City as a named insured in the casualty policy procured by developer and the association to help ensure that the City is included in insurance proceeds checks, receives notifications about policy cancellations/revisions and has a seat at the table as the parties determine whether to reconstruct or alternatively for the City to accept insurance proceeds and negotiate a buy out of the City’s unit, so the property may be sold and/or redeveloped and put back into use. STAFF RECOMMENDATION Staff recommend approval of Resolution 2025-29, approving the closing of the City Hall condo transfer and the related insurance agreement parameters detailed above. RECOMMENDED MOTION(S): MOTION: Move to waive the reading of Resolution 2025-29, there being ample copies available to the public. MOTION: Move to approve Resolution 2025-29, a resolution approving closing of transfer agreement which recites terms for conveyance to City of City Hall component and providing authority to sign necessary and customary closing documentation. ATTACHMENT(S):  Resolution 2025-29  Insurance Agreement 364 Item 13. City of Columbia Heights - Council Letter Page 3  Insurance Designation Explanation  Article 7. (CIC Declaration Excerpt)  Transfer Agreement 365 Item 13. CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION NO. 2025-29 RESOLUTION APPROVING CLOSING OF TRANSFER AGREEMENT WHICH RECITES TERMS FOR CONVEYANCE TO CITY OF CITY HALL COMPONENT AND PROVIDING AUTHORITY TO SIGN NECESSARY AND CUSTOMARY CLOSING DOCUMENTATION. BE IT RESOLVED by the City Council (“Council”) of the City of Columbia Heights, Minnesota (“City”) as follows: Section 1. Recitals. 1.01. The City and the Columbia Heights Economic Development Authority (the “Authority”) have previously established the NE Business Center Tax Increment Financing District (“TIF District”) within the Downtown Central Business District Redevelopment Project to promote the development and redevelopment of land which is underutilized within the City. 1.02. The City, the Authority, and BPOZ Columbia Heights, LLC (“Developer”) have entered into a Purchase and Redevelopment Contract (the “Contract”), which provides for the conveyance by the City and the Authority of the City/Authority Parcels described in Exhibit A (the “Redevelopment Property”) to the Developer, and the construction of improvements by the Developer of a multi-use facility comprising commercial space, a city hall, and multi-family housing (the “Minimum Improvements”). 1.03. The Contract recites the consideration to be received by the City for the City Parcels as cash and the Commercial Unit for use as a city hall. 1.04. The Contract provides that the Commercial Unit shall be conveyed by the Developer to the City after completion of the Minimum Improvements on the Redevelopment Property. 1.05. A Transfer Agreement between the City and Developer (the “Transfer Agreement”) recites that upon completion and formation of the Commercial Unit (the “City Hall Component”) in a Grey Shell Condition as described therein, the Developer shall convey this Commercial Unit to the City for no additional consideration. 1.06 That the City has previously authorized the prior City Manager, Kevin Hanson, to execute any and all necessary or customary closing documents and any documents referenced in such Transfer Agreement requiring execution by the City, and to carry out, on behalf of the City, its obligations under the Transfer Agreement and such documents as may have been signed by him are hereby ratified and remain valid documents and may be used in the closing and transfer of the Commercial Unit. 366 Item 13. - 2 - 1.07 That the City also intends to enter into an Agreement Regarding Insurance as part of the closing and transfer of the Commercial Unit. Section 2. Transfer Agreement Closing Authorization. 2.01 The Transfer Agreement as presented to the Council has been and remains in all respects approved. 2.02 The Agreement Regarding Insurance as presented to the Council has been in all respects approved. 2.02. That Aaron Chirpich, as City Manager is hereby authorized to execute on behalf of the City any and all necessary or customary closing documents and any documents referenced in such Transfer Agreement requiring execution by the City, and to carry out, on behalf of the City, its obligations under the Transfer Agreement. 2.03. City staff and consultants are authorized to take any action necessary to carry out the intent of this resolution. Adopted by the City Council of the City of Columbia Heights this _____ day of ____________________, 2025. Mayor ATTEST: City Clerk 4572525v1 367 Item 13. - 3 - EXHIBIT A TO RESOLUTION APPROVING TRANSFER AGREEMENT Tract A, REGISTERED LAND SURVEY NO. 250. Subject to the reservation to the State of Minnesota in trust for the taxing districts concerned of minerals and mineral rights therein. AND That part of Lot Twenty-three (23), Block One (I), Walton's Rearrangement of Lots Thirty- three (33), and Thirty-four (34), Block Six (6), Reservoir Hills lying Southwesterly and westerly of the following described line: Beginning at a point on the south line of said Block I, Walton's Rearrangement, said point being 18.00 feet west of the southeast corner of Lot 23 of said Block I, Walton's Rearrangement; thence northerly on a line 18.00 feet west of and parallel with said east line of Lot 23, a distance of 87.00 feet; thence on a straight line to a point on the north line of Lot 30 of said Block 6, Reservoir Hills, said point being 47.23 feet easterly of the northwest comer of said Lot 30 and there terminating according to the plat thereof on file and of record in the office of the Register of Deeds of and for Anoka County, Minnesota. Subject to the reservation to the State of Minnesota in trust for the taxing districts concerned of minerals and mineral rights therein. AND Tract B, REGISTERED LAND SURVEY NO. 250. Subject to the reservation to the State of Minnesota in trust for the taxing districts concerned of minerals and mineral rights therein. AND Lot 19, Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills AND The east 18.00 feet of Lot 23, Block 1, Walton's Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills, measured parallel with the east line of said Lot 23. Subject to the reservation to the State of Minnesota in trust for the taxing districts concerned of minerals and mineral rights therein. AND Lots 24, 25, and 26, Block 6, RESERVOIR HILLS, Anoka County, Minnesota. 368 Item 13. - 4 - Lots 20, 21, and 22, Block 1, WALTON'S REARRANGEMENT OF LOTS 33 AND 34, BLOCK 6, RESERVOIR HILLS, and all of the vacated alley adjacent to said Lots 20, 21, and 22, Anoka County, Minnesota. That part of Lot 27, Block 6, RESERVOIR HILLS which lies westerly of the northerly extension of the east line of Lot 23, Block 1, , WALTON'S REARRANGEMENT OF LOTS 33 AND 34, BLOCK 6, RESERVOIR HILLS and lying easterly of the following described line: Beginning at a point on the south line of said Block 1, WALTON'S REARRANGEMENT OF LOTS 33 AND 34, BLOCK 6, RESERVOIR HILLS, said point being 18.00 feet west from the Southeast comer of Lot 23 of said Block 1, WALTON'S REARRANGEMENT OF LOTS 33 AND 34, BLOCK 6, RESERVOIR HILLS; thence northerly on a line 18.00 feet west of and parallel with the east line of said Lot 23, to the north line of said Block 6, RESERVOIR HILLS. AND Lot 32, Block 6, RESERVOIR HILLS, Anoka County, Minnesota. Lots 25 through 28, Block 1, WALTON'S REARRANGEMENT OF LOTS 33 AND 34, BLOCK 6, RESERVOIR HILLS, Anoka County, Minnesota. The vacated alley adjacent to Lots 25 through 28, Block I, WALTON'S REARRANGEMENT OF LOTS 33 AND 34, BLOCK 6, RESERVOIR HILLS , Anoka County, Minnesota. Those parts of Lots 28 through 31, Block 6, RESERVOIR HILLS; Lot 24, Block I, WALTON'S REARRANGEMENT OF LOTS 33 AND 34, BLOCK 6, RESERVOIR HILLS; and of the vacated alley adjacent to Lot 24, Block 1, WALTON'S REARRANGEMENT OF LOTS 33 AND 34, BLOCK 6, RESERVOIR HILLS; lying Southwesterly and Westerly of the following described line: Beginning at a point on the South line of Block 1, WALTON'S REARRANGEMENT OF LOTS 33 AND 34, BLOCK 6, RESERVOIR HILLS, said point being 18.00 feet West of the Southeast corner of Lot 23, of said Block 1, WALTON'S REARRANGEMENT OF LOTS 33 AND 34, BLOCK 6, RESERVOIR HILLS; thence Northerly on a line 18.00 feet West of and parallel with the East line of said Lot 23, a distance of 87.00 feet; thence on a straight line to a point on the North line of Lot 30 of said Block 6, RESERVOIR HILLS, said point being 47.23 feet Easterly of the Northwest comer of said Lot 30 and there terminating. Parcel 2: Those parts of Lots 27 through 31, Block 6, RESERVOIR HILLS and those parts of Lots 23 and 24, Block 1, WALTON'S REARRANGEMENT OF LOTS 33 AND 34, BLOCK 6, RESERVOIR HILLS and of the vacated alley abutting Block 1, "WALTON'S REARRANGEMENT OF LOTS 33 AND 34, BLOCK 6, RESERVOIR HILLS", as dedicated in said plat, lying within the following described tract: Commencing at a point on the South line of said Block, I, WALTON'S REARRANGEMENT OF LOTS 33 AND 34, BLOCK 6, RESERVOIR HILLS distant 18.00 feet West of the 369 Item 13. - 5 - Southeast corner of Lot 23, said Block 1, WALTON'S REARRANGEMENT OF LOTS 33 AND 34, BLOCK 6, RESERVOIR HILLS; thence Northerly on a line 18.00 feet West of and parallel with the East line of said Lot 23, a distance of 87.00 feet, to the actual point of beginning of the tract to be described; thence continuing Northerly on the extension of said parallel line to the North line of Block 6, RESERVOIR HILLS; thence Westerly along said North line of Block 6, to a point being 47.23 feet Easterly of the Northwest corner of Lot 30, Block 6, RESERVOIR HILLS; thence Southeasterly, to the point of beginning; Excepting therefrom Tract A, REGISTERED LAND SURVEY NO. 250, Anoka County, Minnesota. 370 Item 13. AGREEMENT REGARDING INSURANCE THIS AGREEMENT, is made as of ________________, 2025 by and between BPOZ Columbia Heights, LLC, a Delaware limited liability company (hereinafter referred to as “BPOZ” or “Multifamily Owner”), and the City of Columbia Heights, a municipality under the laws of Minnesota (hereinafter referred to as the “City” or “Commercial Owner”). WHEREAS, Common Interest Community No. 342, Heights Condominium, a condominium located in Anoka County, Minnesota (the “CIC”), was created pursuant to that certain Declaration, dated October 25, 2023 and recorded December 15, 2023, in the Office of the Anoka County Registrar of Titles as Document No. 614447.002, and is governed by the Minnesota Common Interest Ownership Act, Minnesota Statutes Chapter 515B (the “Act”); WHEREAS, Heights Condominium Owners Association, a nonprofit corporation under the laws of Minnesota (“Association”), was created to operate the CIC; WHEREAS, the City is the fee owner of Unit 1 (the “Commercial Unit”), and BPOZ is the fee owner of Unit 2 (the “Multifamily Unit’) in the CIC, and such units constitute all of the units in the CIC; WHEREAS, neither the Commercial Unit nor the Multifamily Unit may be used for “residential use” as that term is defined by the Act; WHEREAS, the parties desire to memorialize their temporary agreement regarding insurance coverage to be maintained by the Association so long as BPOZ, or an entity owned or controlled by it, or which owns or controls it,remains the owner of the Multifamily Unit and so long as the insurance coverages specified herein are in fact timely procured and evidence of such insurance procurement is provided. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned hereby agree as follows: 1. If the Board, acting on behalf of the Association, determines in its discretion, that doing so is expedient, economically advantageous, and reasonably available, the Board may elect, in satisfaction of its obligations under Section 7.1.1 of the Declaration, to insure the Property under a master policy of property insurance that also covers additional properties, provided that the Association identifies itself, the Multifamily Owner and the Commercial Owner as named insureds or additional named insureds and such master policy of property insurance otherwise complies with the requirements of Section 7.5 of the Declaration. Such master policy of property insurance shall otherwise satisfy the requirements of said Section 7.1.1, except that it may exclude ceiling or wall finishing materials, cabinetry, finished millwork, finished flooring, electrical, heating, ventilating, and air conditioning equipment and plumbing fixtures, built-in appliances, light fixtures and other improvements and betterments (collectively “Internal Betterments”), all within or to the extent serving only 371 Item 13. the Commercial Unit, regardless of when installed, the interior of the Commercial Unit being either self-insured or insured separately by the Commercial Owner. The costs of the Internal Betterments coverage procured regarding the Multifamily Unit shall be assessed exclusively against the Multifamily Owner and the Multifamily Unit pursuant to Section 7.2 of the Declaration. 2. Regardless of being identified as an additional named insured on the master policy, neither owner shall make nor settle a claim for damage to the Common Elements, Limited Common Elements or the Units under such master policy, all such claims to be made solely by the Association; provided, however, the Multifamily Owner may make and settle claims directly to the extent related solely to the Interior Betterments of the Multifamily Unit. Without limiting the Association’s discretion, the Association need not approve any claim for cosmetic damage to the Commercial Unit, except that cosmetic damage caused by the fault, intentional act or negligence of the Multifamily Owner or agents of the CIC/Association is not expressly excluded. 3. If the Association determines, in its discretion, that doing so is expedient, economically advantageous, and reasonably available, the Association may elect, in its discretion and in satisfaction of its obligations under Section 7.1.2 of the Declaration, to maintain its commercial general liability insurance under a master policy of liability insurance that also covers owners of additional properties and otherwise complies with the requirements of Section 7.5 of the Declaration. The Association shall be the named insured and the Commercial Owner and the Multifamily Owner, their partners and members, as their interests may appear, shall be included as additional insureds for claims and liabilities arising in connection with the ownership existence, use or management of the Common Elements. Notwithstanding the foregoing, the Multifamily Owner may also be named as an additional named insured, subject to assessment of such costs related to the same, if any, to the Multifamily Owner and Multifamily Unit pursuant to Section 7.2 of the Declaration. 4. The costs of insurance shall be allocated among the parties as set forth in the Declaration, including the rights and obligations of Section 7.2 of the Declaration. 5. In the event that the Commercial Owner intends to transfer title to the Commercial Unit, or an interest therein, Commercial Owner agrees to notify the Multifamily Owner of such intent and to notify the potential purchaser or transferee of this Agreement. Any notice given pursuant to the right of first offer specified in Section 4.26 of the Declaration shall serve as proper notice to the Multifamily Owner hereunder. 6. This Agreement shall be binding upon and inure to the benefit of the parties’ respective successors, and assigns, but shall nevertheless terminate upon transfer of title of the Multifamily Unit to an independent third party purchaser which does not own or control BPOZ and which BPOZ does not own or control. 7. This Agreement contains the entire understanding between the parties with respect to the subject matter hereof, allowing a temporary contractual deviation from the express terms of the Declaration, superseding to the extent specified herein, the Declaration, all 372 Item 13. negotiations, prior discussions and preliminary agreements. This Agreement may not be changed orally but only by an agreement in writing signed by the party against whom enforcement of any waiver, change, modification, extension or discharge is sought. 8. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same document. 9. This Agreement may not be recorded in the public real estate records of Anoka County, Minnesota, without the prior written consent of the Multifamily Owner. 10. If any provision of this Agreement is held to be unenforceable or void, such provision shall be deemed to be severable and shall in no way affect the validity of the remaining terms of this Agreement. 11. Multifamily Owner hereby indemnifies and holds Commercial Owner, and any existing or future member of the board elected, or appointed, by Commercial Owner, harmless from any and all claims, costs, expenses, lawsuits, damages, and reasonable attorneys’ fees that may arise directly from this Agreement and any deviation therein from the terms of the Declaration or Act governing property or commercial general liability insurance to be maintained by the Association. Specifically, without limiting the foregoing, Multifamily Owner shall indemnify Commercial Owner from any and all claims that may arise from any existing or future lender of the Multifamily Unit, or from any future purchaser of the Multifamily Unit, or any part thereof, related to this Agreement and any deviation from the terms of the Declaration or Act specified herein. This indemnification and hold harmless provision shall survive termination or cancellation of this Agreement. [Signature page follows] 373 Item 13. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first above written. BPOZ Columbia Heights, LLC City of Columbia Heights By By Its Its STATE OF MINNESOTA ) ) COUNTY OF ) The foregoing instrument was acknowledged before me this _____ day of _______________, 2025, by _______________, the _______________ of BPOZ Columbia Heights, LLC, a Minnesota limited liability company, for and on behalf of the company. Notary Public STATE OF MINNESOTA ) ) COUNTY OF ) The foregoing instrument was acknowledged before me this _____ day of _______________, 2025, by _______________ and _______________, the _______________ and _______________, respectively, of the City of Columbia Heights, a municipality under the laws of the State of Minnesota, for and on behalf of said city. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Winthrop & Weinstine, P.A. 225 South Sixth Street, Suite 3500 Minneapolis, Minnesota 55402-4629 30831671v3 15056.15 374 Item 13. What's the difference? Named Insured, Additional Named Insured and Additional Insured? There is a common misconception that there is little or no difference between being an additional insured and a named insured. However, there is a BIG difference when you are considering it from a liability perspective. Named Insured: A "Named Insured" is the actual owner of the insurance policy and have the broadest protection and indemnity provided by the policy. The "Named Insured" will assume responsibility for signing and choosing coverage types and amounts of the policy and the payment of premiums. The "Named Insured" will receive the premium notice and any notices of cancellation. There can be more than one named insured, and you can usually find these on the first page and often within the first few lines. If there are more than one named insured on a policy, usually the person listed first holds the primary responsibility. The named insured has ability to extend protection to the additional insured under the terms and conditions of the named insured’s policy. Additional Named Insured: There aren’t huge practical differences between a named insured and an additional named insured. An "Additional Named Insured" will have the same rights as a “Named Insured” with the full policy coverage and will most often be an affiliate, partner or co -owner of the primary insured with the same risks and interests but typically won’t be responsible for the premium. They will however be entitled to notice of policy changes and cancellations and will have the same coverage as the "Named Insureds" but share the policy limits. The "Additional Named Insured" is also entitled to notification if the policy is changed or cancelled. Additional Insured: The "Additional Insured" is a person or entity who is not the owner of the policy but who, under certain circumstances, may be entitled to some of the benefits and a certain amount of coverage under the policy by an endorsement. This entity then enjoys full coverage from your policy without being responsible for its premiums or upkeep. The endorsements for "Additional Insured" will provide coverage to the people or businesses named on them only for claims arising out of the acts or omissions of the primary named insureds. Additional Insureds are also therefore not obligated to pay premiums and typically do not receive notices of policy changes or cancellations. Conditions apply for each policy and the information expected from you for a policy to trigger. Coverage may differ based on specific clauses in individual policies. Please ask your agent at Waldorff Insurance and Bonding to review the additional benefits and exclusions pertaining to your policy. 375 Item 13. 26 enjoyment of the Common Elements or any portion of the Member’s Unit or by the abandonment of the Member’s Unit, or any other improvement. Foreclosure of Lien. The Association’s lien may be foreclosed as provided by laws of the State of Minnesota as if it were a lien under a mortgage containing a power of sale. The rights of the parties shall be the same as those provided by the law except that (i) the period of redemption shall be six (6) months from the date of sale or a lesser period authorized by law; (ii) in a foreclosure by advertisement under Minnesota Statutes, Chapter 580, the foreclosing party shall be entitled to costs and disbursements of foreclosure, and attorneys’ fees in the amount provided by Section 515B.3-116 of the Act; (iii) in a foreclosure by action under Minnesota Statutes, Chapter 581, the foreclosing party shall be entitled to costs and disbursements of foreclosure and attorneys’ fees as the court may determine, and (iv) the amount of the Association’s lien shall be deemed to be adequate consideration for the Unit subject to foreclosure, notwithstanding the value of the Unit. No Further Perfection or Notice Required. The recording of this Declaration constitutes record notice and perfection of the lien and no further recording of any claimed lien for assessment is required. ARTICLE 7. Insurance and Eminent Domain Required Coverage. [Send to insurance company for review and approval.] 7.1.1 Property Insurance. The Association shall maintain, in the name of the Association, property insurance on the Property issued by financially sound insurers authorized to do business in the State of Minnesota, which such insurance shall be in special form covering all risks of physical loss in an amount equal to one hundred percent of the insurable “replacement cost” of the Property, but excluding land, footings, excavation and other items normally excluded from coverage (but including all common building service equipment and machinery), and also excluding ceiling or wall finishing materials, cabinetry, finished millwork, finished flooring, electrical, heating, ventilating, and air conditioning equipment and plumbing fixtures serving a single Unit, built-in appliances, light fixtures and other improvements and betterments within the Units regardless of when installed. Notwithstanding the foregoing, the Association is not obligated to maintain property insurance with respect to any improvements made by the lessees of any Unit or with respect to any personal property owned by any lessee. The policy or policies shall cover personal property owned by the Association, contain “Inflation Guard” and “Agreed Amount” endorsements, if available, and contain a waiver of any right of subrogation against the Association and each other Owner, if available. To the extent not a named insured on any policy under this Subsection 7.1.1, the Owners shall each be named as an additional named insured. 7.1.2 Liability Insurance. The Association shall, at all times from and after the date hereof, maintain commercial general liability insurance against claims and liabilities arising in connection with the ownership, existence, use, or management of the Property, with minimum limits of $1,000,000 per occurrence, $2,000,000 in the aggregate against claims for death, bodily injury and property damage, and such other risks as are customarily 376 Item 13. 27 covered by such policies for projects similar in construction, location and use to the Property. The policy shall contain a “severability of interest” endorsement which shall preclude the insurer from denying the claim of an Owner or Occupant because of negligent acts of the Association or other Owners or Occupants, and the Association shall obtain appropriate waivers of subrogation from the insurance company respecting same. Declarant shall be included as an additional insured in its capacity as an Owner and, if applicable, as a Person having power to appoint members of the Board. Each Owner, their partners and members, as their interests may appear, shall be included as an additional insured, but only for claims and liabilities arising in connection with the ownership, existence, use or management of the Common Elements. The insurance shall cover claims of one or more insured parties against any other insured party, pursuant to a “severability of interest” clause and the Association shall obtain appropriate waivers of subrogation from the insurance company respecting same. The Association shall not enter into employment contracts or independent contractor contracts of any kind unless the contracting party provides evidence (such as a Certificate of Insurance) to the Board that such party has current satisfactory insurance, including workers compensation insurance, commercial general liability insurance and automobile insurance on all of which the Association is named as an additional insured. 7.1.3 Excess Coverage. The Association shall maintain excess liability coverage in the minimum amount of $5,000,000 per occurrence, $5,000,000 in the aggregate. 7.1.4 Fidelity Insurance. The Association shall maintain a fidelity bond or insurance coverage against dishonest acts on the part of directors, officers, managers, trustees, employees or persons responsible for handling funds belonging to or administered by the Association, in an amount not less than three (3) months’ current assessments as calculated from the current annual budget of the Association. An appropriate endorsement to the policy to cover any persons who serve without compensation shall be added if the policy would not otherwise cover volunteers, or a waiver of defense based upon the exclusion of persons serving without compensation shall be added. 7.1.5 Directors and Officers. The Association shall maintain directors' and officers' liability insurance protecting the current and past members of the Board and the officers of the Association against claims made against them by reason of their service in such capacities to the extent reasonably available and with such reasonable limits and coverages as the Board shall determine from time to time. 7.1.6 Other Insurance. The Association shall maintain worker’s compensation, and other insurance as required by law or as the Board may determine from time to time to be in the best interests of the Association and the Owners. In addition, the Association shall ensure that any third party management agent hired by the Association carries such commercial general liability, worker’s compensation, errors and omissions, employment practices liability and/or crime/fidelity insurance, as the Association, in its sole discretion, deems appropriate in light of coverages provided by the Association’s insurance policies. 377 Item 13. 28 Additional Coverages. The policies shall include such additional endorsements, coverages and limits with respect to such hazards as may be reasonably required by any party insuring, purchasing or financing a mortgage on a Unit; provided, however, any additional costs to the Association associated with such additional endorsements, coverages or limits, to the extent they primarily benefit that Unit’s Owner, shall be payable solely by that Unit’s Owner and assessed against that Unit. The Board may also, on behalf of the Association, enter into binding written agreements with a Secured Party, its insurer or loan servicer, obligating the Association to keep certain specified coverages or endorsements in effect, to obtain approvals of insurance adjustments on claims in excess of a certain amount, or to escrow insurance proceeds attributable to damage or destruction of Common Elements and intended for restoration, repair, replacement or rebuilding, on such terms and conditions as the Board determines to be reasonable and appropriate to facilitate such restoration, repair, replacement or rebuilding in compliance with the Act. Premiums; Improvements; Deductibles. Subject to Section 6.4, all insurance premiums shall be assessed and paid as an annual assessment. In the case of a claim for damage to a Unit or Units, the Association may, as authorized by Section 515B.3-1151(g) of the Act, (i) pay the deductible amount as a Common Expense; or (ii) assess the deductible amount against one or more of the Units affected in any reasonable manner. The Board’s decision as to who shall be charged with paying the deductible amount shall be rationally based on fault or benefit if such deductible is not charged as a Common Expense. In addition, as authorized by Section 515B.3- 1151(e)(3), if the insurance rates increase as a result of the activities on a Unit or the Limited Common Elements allocated to such Unit, the increased insurance costs may be assessed only against such Unit. If any damage to the Common Elements or another Unit is caused by the act or omission of any Owner or Occupant of a Unit, or their invitees, the Association may assess the costs of repairing the damage exclusively against the Owner’s Unit to the extent not covered by insurance. Loss Payee; Insurance Trustee. All insurance coverage maintained by the Association shall be written in the name of, and the proceeds thereof shall be payable to, the Association (or a qualified insurance trustee selected by it) as trustee for the benefit of the Owners and Secured Parties. The Association, or any insurance trustee selected by the Association, shall have exclusive authority to negotiate, settle and collect upon any claims or losses under any insurance policy maintained by the Association, and shall apply the proceeds in accordance with said Section 515B.3-113 of the Act. Required Policy Provisions. All policies of property insurance carried by the Association shall provide that: 7.5.1 Each Owner and Secured Party is an insured Person under the policy with respect to liability arising out of the Owner’s interest in the Common Elements or membership in the Association. 7.5.2 The insurer waives its right to subrogation under the policy against any Owner or such Owner’s partners or members, and against the Association and members of the Board. 378 Item 13. 29 7.5.3 The coverage shall not be prejudiced by or conditioned upon (i) any act or omission of an Owner or Secured Party, unless acting within the scope of authority on behalf of the Association; or (ii) any failure of the Association to comply with any warranty or condition regarding any portion of the Property over which the Association has no control. 7.5.4 If at the time of a loss under the policy there is other insurance in the name of an Owner covering the same property covered by the policy, the Association’s policy is primary. 7.5.5 Each Owner shall be an additional named insured under each policy of insurance procured under Sections 7.1 and 7.2. Cancellation: Notice of Loss. Property and commercial general liability insurance policies maintained by the Association shall provide that the policies shall not be canceled or substantially modified, for any reason, without at least sixty (60) days’ prior written notice to the Association, the Owners, all Secured Parties to whom certificates of insurance have been issued, and the additional insureds. Restoration in Lieu of Cash Settlement. Property insurance policies maintained by the Association shall provide that, despite any provisions giving the insurer the right to elect to restore damage in lieu of a cash settlement, such option shall not be exercisable (i) without the prior written approval of the Association (or any insurance trustee); or (ii) when in conflict with provisions of any insurance trust agreement to which the Association may be a party, or any requirement of law. Allocation of Insurance. The cost of insurance premiums shall be reviewed annually by the Board and to the extent reasonably determined by the Board, the allocations to each Unit will be adjusted in proportion to risk or coverage of the Unit and Limited Common Elements, taking into consideration the occupancy of each Unit and any prior insurance claims made in relation to any Unit. Individual Owner’s and Commercial Tenant’s Insurance. Each Owner shall obtain at its own expense, or cause to be obtained, property insurance coverage covering fire and other casualty for all the Owner’s property which is not otherwise insured by the policy of property insurance referred to in Section 7.1.1 above, including ceiling and wall finishing materials, floor coverings, cabinetry, appliances, light fixtures and other improvements and betterments within the Unit. In addition, each Owner shall obtain liability insurance naming the Owner providing coverage on an “occurrence” basis, and including a combined general comprehensive liability insurance policy limit of at least $1,000,000 for each occurrence, $2,000,000 in the aggregate, and with a $3,000,000 umbrella policy. Such liability insurance policy shall name the Association as an additional insured and certificate holder entitled to thirty (30) days’ notice if terminated, not renewed or cancelled. Insurance policies maintained by Owners shall be without contribution as against the insurance purchased by the Association, except as to deductible amounts or other items not covered under the Association’s policies. Any such policies shall contain waivers of subrogation and contribution rights if possible. Each Owner shall provide the Association a certificate assuring the Association that the coverage required by this paragraph is in force, and 379 Item 13. 30 shall provide a replacement certificate at least thirty (30) days’ prior to each policy anniversary date. Upon failure to provide such certificate that is not cured within ten (10) days after written notice, the Board shall have the right to obtain such insurance, the cost of which shall constitute a special assessment levied against the applicable Unit as of the date on which the notice of special assessment is sent to the applicable Owner who has not provided such certificates and/or who has not maintained the applicable insurance in force. Waiver of Claim. Anything herein to the contrary notwithstanding, the Association agrees that it shall make no claim against an Owner, its members, the members of the Board, officers of the Association, or employees or agents of any thereof, or against the manager, if any, or its officers, employees or agents, and each Owner agrees not to make a claim against the Association, the members of the Board, officers of the Association, or employees or agents of any thereof, or against the manager, if any, or its officers, employees or agents, or other Owners for any loss or damage to the Condominium, or to a Unit or Common Element, or to personal property, even if caused by the act or neglect of any one or more of such persons, due to a peril insured against by casualty insurance purchased by the Association, or any Owner, to the extent of the insurance proceeds recovered under all such policies of insurance, and all such claims, to the extent of such recovery, are hereby waived and released; provided, however, that this waiver shall not apply to vandalism or malicious mischief and shall apply only during such time as the applicable policy or policies shall contain a clause or endorsement to the effect that any such release shall not adversely affect or impair said policy or policies, or prejudice the right of the insured to recover thereunder, and each Owner and the Board agree that their respective insurance policies shall contain such a clause or endorsement if available at reasonable cost in the opinion of the party insured thereunder. The Board shall have the right to determine who shall pay the deductible portion not covered by insurance provided such a determination shall be rationally based upon fault or benefit if not charged as a Common Expense. Required Insurance Not Available. If any insurance required hereunder ceases to be available, or is available on terms so unacceptable that prudent owners of similar property generally do not carry such insurance, then in lieu of such insurance the pertinent party may carry the most comparable insurance which is available and generally carried by prudent parties. Eminent Domain. The procedures that the Association must follow in the event of a taking (or a purchase in lieu of a taking) of part or all of the Common Elements by a condemning authority are set forth in Section 515B.1-107 of the Act and shall be complied with by the Association. The Association shall represent the Owners in any condemnation proceedings or in negotiations, settlements and agreements with the condemning authority for acquisition of the Common Elements, or part thereof. Each Owner hereby grants the Board an irrevocable power of attorney for such purpose. Any proceeds from the settlement should be payable to the Association for the benefit of the Owners and their mortgage holders. Any distribution of funds in connection with the termination of the Condominium must be made on a reasonable and equitable basis to the Owners and mortgage holders as their interests appear. ARTICLE 8. Amendments to Declaration Percentage of Owners. Except as expressly permitted or required by the Act or Articles 8 and 10, this Declaration may be amended by the Association only by a vote or written 380 Item 13. CITY HALL TRANSFER AGREEMENT THIS CITY HALL TRANSFER AGREEMENT (the “Agreement”) is made as of October 27, 2020 (the “Effective Date”) by and between BPOZ Columbia Heights, LLC, a Delaware limited liability company (“Transferor”), and the City of Columbia Heights, a Minnesota municipal corporation (“Transferee”). RECITALS A.Transferor, Transferee and Columbia Heights Economic Development Authority (the “Authority”) are parties to that certain Purchase and Redevelopment Contract dated September 28, 2020 (the “Contract”) whereby Transferor intends to purchase from the Authority real property legally described on Exhibit A attached hereto and as defined herein as the “Redevelopment Property”. B.The Contract contains certain development and other obligations related to certain improvements to be constructed on the Redevelopment Property (collectively, the “Project”), including, a mixed-use building (the “Building”) consisting of (i) approximately 266 multifamily rental apartment dwellings and approximately 3,280 square feet of commercial space (the “Housing Component”), and (ii) approximately 21,256 square feet of gray-shell finish space designed for use as a city hall to be owned and operated initially by Transferee (the “City Hall Component”). C.The Contract requires Transferor to construct the City Hall Component to a gray- shell finish, as more specifically described on Exhibit B attached hereto (the “Gray Shell Improvements”) and transfer the City Hall Component to Transferee in satisfaction of the remaining consideration owing under the Contract for the Redevelopment Property. D.To legally subdivide the City Hall Component from the remainder of the Project, Transferor intends create on the Redevelopment Property a two-unit condominium to be known as Common Interest Community No. ____, “The Heights” (the “Condominium”), the City Hall Component of which will be one of the two separate condominium units referred to in the governing common interest community declaration and common interest community plat (collectively, the “CIC Declaration”) as “Unit 1” or the “Commercial Unit”. E.In addition, Transferee has requested and Transferor has agreed to construct or install certain upgrades within the Commercial Unit or on limited common elements allocated by the CIC Declaration for the exclusive use of the Commercial Unit (the “Commercial LCEs”), some of which upgrades (such as the façade and vestibule serving the City Hall Component) are to the Building (the “City Building Upgrades”), some of which (such as the heated sidewalk and bollards) are to the surrounding landscape (the “City Landscape Upgrades”), and all of which are more specifically set forth on Exhibit C attached hereto and in the construction plans and specifications mutually approved by the parties hereto. The City Building Upgrades and the City Landscape Upgrades are hereinafter collectively referred to as the “City Upgrades”. F.Finally, operation of the Commercial Unit will require use of certain other limited common elements allocated by the CIC Declaration for the exclusive use of the Commercial Unit, (including a portion of the parking garage designed to hold 28 vehicle stalls and related drive lanes, 381 Item 13. 2 variant refrigerant flow (VRF) units, rooftop heating, ventilation and air conditioning (HVAC) units), and use of a shared emergency generator, all of which Transferor has agreed to construction or install (collectively, the “Additional Installations”) as more specifically set forth on Exhibit C. G.Subject to the terms and conditions of this Agreement, upon substantial completion of the Gray Shell Improvements, the City Building Upgrades, and the Additional Installations, and the recording of the CIC Declaration, Transferor intends to convey to Transferee, and Transferee intends to accept from Transferor, the City Hall Component in the form of Unit 1 of the Condominium. H.The City will place a portion of the proceeds from the sale of the Redevelopment Property into escrow with First American Title Insurance Company, pursuant to a Construction Escrow and Disbursing Agreement (the “Escrow Agreement”) in substantially the form attached hereto as Exhibit D for the purpose of reimbursing Transferor for the costs of the City Upgrades as construction thereof progresses. NOW THEREFORE, in consideration of the mutual covenants and agreements set forth herein, Transferor and Transferee agree as follows: 1.Construction of Condominium. Transferor agrees to construct the Building, including the Gray Shell Improvements, the Additional Installations and the City Upgrades, in accordance with the Project Manual for the Full Building Permit Set issued August 31, 2020 by Doran Companies, hereby incorporated herein by reference (the “Project Manual”), and to create a condominium which will house the City Hall Component in a single condominium unit to be known as: Unit Number 1, Common Interest Community No. ___, a Condominium, The Heights, located in Anoka County, Minnesota. and the Commercial LCEs. Pursuant to Minnesota Statutes Section 515B.2-104(c), the conveyance of Unit 1 will include all easements and rights benefiting or appurtenant to the Commercial Unit, including without limitation, an undivided interest in the Commercial LCEs and common elements of the Condominium (collectively, the “Property”). 2.Conveyance of Property. Subject to compliance with the material terms of this Agreement, Transferor agrees to convey to Transferee, and Transferee agrees to accept from Transferor, title to the Property, including all Gray Shell Improvements, the Additional Installations and the City Building Upgrades on the Closing Date (defined below), subject only to Permitted Encumbrances (defined below). City Landscape Upgrades located within the Commercial LCEs which are not completed prior to the Closing Date, shall be shown on the CIC Plat as “MUST BE BUILT” pursuant to Minn. Stat. Sec. 515B.4-117, to the extent such component or improvement is permitted or allowed to be labeled as such thereunder. 3.Satisfaction of Consideration Owed under Contract. Transferor and Transferee hereby acknowledge that (i) delivery of the Gray Shell Improvements and the Additional 382 Item 13. 3 Installations with the transfer of title to the Property at Closing will satisfy Transferor’s remaining contractual obligation to perform the City Hall Component Development Obligations under Section 3.2 of the Contract for the Redevelopment Property (the cash portion of the Purchase Price, as defined in the Contract, therefor having been previously paid), and (ii) the construction of City Upgrades are in addition to those obligations and are governed by the Escrow Agreement. 4.Contingencies. a)The obligations of Transferor under this Agreement are contingent upon: i)The Authority’s conveyance of the Redevelopment Property to Transferor in accordance with the Contract; ii)The Authority and Transferee having complied with each of their respective obligations under the Contract required thereunder to have been completed on or prior to Closing (defined below); iii)The prior execution and delivery by Transferee of the Escrow Agreement. b)The obligations of Transferee under this Agreement are contingent upon: i)Transferor’s construction of the Gray Shell Improvements, the Additional Installations and the City Building Upgrades having been substantially completed in accordance with the Project Manual and the Contract (the “Completion Contingency”); ii)The Transferor having complied with each of its obligations under the Contract required thereunder to have been completed on or prior to Closing; iii)Title to the Property being in the condition as set forth in Section 6 of this Agreement (the “Title Contingency”); and iv)The prior execution and delivery by Transferor of the Escrow Agreement. If any such contingency is not satisfied on or before the Closing Date, then this Agreement may be terminated by the party in whose favor the contingency runs, by thirty (30) days’ prior written notice to the other party. If such contingency has not been satisfied within such period, this Agreement shall terminate. Upon such termination, neither party will have any further rights or obligations regarding this Agreement. 5.Closing. Notwithstanding anything to the contrary contained in this Agreement, the consummation of the transaction contemplated by this Agreement (the “Closing”) shall occur within ten (10) days following (i) certification to Transferee by Transferor and Transferor’s general contractor and architect that the Gray Shell Improvements, the Additional Installations and the City Building Upgrades have been substantially completed in accordance with the Project Manual as certified by Transferor’s general contractor and architect and completion of any inspection by Transferee as specified herein, and (ii) final 383 Item 13. 4 acceptance of the fully executed CIC Declaration for recording (the “Closing Date”), but not later than December 31, 2022. Transferor agrees to complete the common interest community plat, for approval by Transferee, which approval will not be unreasonably withheld, conditioned or delayed, within a reasonable time following substantial completion of the structural components of the Building and the mechanical systems serving more than one unit in such Building. Transferor agrees to deliver possession of the Property to Transferee on the Closing Date free of possession by others except with respect to and as permitted in the Permitted Encumbrances. a)Transferor’s Closing Obligations. On the Closing Date, Transferor shall execute and/or deliver to Transferee the following items which (in the case of documents) are referred to as “Transferor’s Closing Documents.” Transferor’s Closing Documents shall be duly executed and, where appropriate, be in recordable form. i)Deed. A Limited Warranty Deed, substantially in the form attached hereto as Exhibit F (the “Deed”), conveying the Property to Transferee subject to Permitted Encumbrances. ii)Assignment of Warranties. An Assignment of Warranties and Guaranties, if any, given to, assigned to or benefitting Transferor to Transferee assigning all warranties for any equipment or machinery installed on or exclusively serving the Property, in a form reasonably satisfactory to Transferee, but solely to the extent any such warranties are assignable by Transferor to Transferee without third party consents. iii)Transferor’s Affidavit. A standard form Seller’s Affidavit, duly executed by Transferor and completed without exceptions for bankruptcy, judgments, tax liens, mechanic’s liens, parties in possession and other unrecorded contracts. iv)FIRPTA Affidavit. A non-foreign affidavit, containing such information as is required by IRC § 1445(b)(2) and its regulations. v)IRS Reporting Form. The appropriate federal income tax reporting form, if any is required. vi)Settlement Statement. A settlement statement consistent with this Agreement. vii)CIC Declaration. A copy of the CIC Declaration as submitted for recording and substantially in the form attached hereto as Exhibit G. viii)CIC Plat. A copy of the common interest community plat for “The Heights” (the “CIC Plat”) as submitted for recording which will conceptually adhere to the drawing attached hereto as Exhibit H, which shall include references to “MUST BE BUILT” as specified herein. 384 Item 13. 5 ix)Articles of Incorporation. A copy of the articles of incorporation of “The Heights Owners Association” (the “Association”) filed with Minnesota Secretary of State substantially in the form attached hereto as Exhibit I. x)Bylaws for Association. A copy of the corporate bylaws of the Association substantially in the form attached hereto as Exhibit J. xi)Rules and Regulations of the Association. A copy of the rules and regulations of the Association adopted by the Board of Directors for the Association substantially in the form attached hereto as Exhibit K. xii)License Agreement. A license agreement in substantially the form attached as Exhibit L, allowing the City shared use of a portion of the parking garage in the Housing Component, on the terms set forth in such license. xiii)Voting Agreement. A voting agreement to be signed by Transferor and Transferee as the members of the Association, substantially in the form attached hereto as Exhibit M (the “Voting Agreement”). xiv)Proof of Insurance. Evidence that Transferor carries insurance in the amounts and in the form contemplated by Section 7.9 of the CIC Declaration, naming the Association as an additional insured and evidence that the Association carries insurance in the amounts and in the form contemplated by the CIC Declaration. xv)Bring Down Certificate. Deliver to Transferee a certificate reaffirming the truth and accuracy of Transferor’s representations and warranties set forth in this Agreement (or, if such representations and warranties are no longer true or accurate, describing the reasons why they are no longer true and accurate). xvi)Agreement Reducing Statute of Limitations. An agreement reducing statute of limitations to be signed by Transferor and Transferee, substantially in the form attached hereto as Exhibit N (the “SOL Agreement”) xvii)Other Documents. All other documents reasonably determined by Title or Transferee to transfer the Property to Transferee free and clear of all encumbrances, except the Permitted Encumbrances. b)Transferee’s Closing Obligations. On the Closing Date, Transferee will execute and/or deliver to Transferor the following which (in the case of documents) are referred to as “Transferee’s Closing Documents”. Transferee’s Closing Documents shall be duly executed and, where appropriate, be in recordable form. i)Title Documents. Such purchaser’s affidavits, certificates of value or other documents as may be reasonably required by the Title Company in order to record the Transferor’s Closing Documents. 385 Item 13. 6 ii)Settlement Statement. A settlement statement consistent with this Agreement. iii)License Agreement. Transferee’s counterpart signatures to the License Agreement. iv)Voting Agreement. Transferee’s counterpart signatures to the Voting Agreement. v)Agreement Reducing Statute of Limitations. Transferee’s counterpart signature on the SOL Agreement. vi)Proof of Insurance. Evidence that Transferee carries insurance in the amounts and in the form contemplated by Section 7.9 of the CIC Declaration, naming the Association as an additional insured. vii)City Hall Component Development Obligations.At Closing, Transferee shall acknowledge in writing that, combined with the cash Purchase Price previously paid by Transferor to Transferee, the conveyance by Transferor back to Transferee of the Property, improved with the Gray Shell Improvements, and the Additional Installations constitutes full satisfaction of the Transferor’s remaining contractual obligation to perform the City Hall Component Development Obligations under Section 3.2 of the Contract for the Redevelopment Property. 6.Costs and Allocations. Transferor and Transferee agree to the following allocation of costs regarding this Agreement: a)Title Insurance, Closing Fee, Taxes and Recording Costs. Transferor shall pay the cost of the Title Commitment (defined below), and Transferee shall pay the premium for the Title Policy (defined below) and any endorsements thereto. Transferee and Transferor shall each pay one-half (1/2) of the closing fees charged by the Title Company. Transferee shall pay the cost of recording the Deed and Transferor shall pay the cost of recording the CIC Declaration and all such other documents necessary to place record title in Transferor’s name in the condition required by this Agreement. b)Real Estate Taxes and Special Assessments. Real property taxes, including without limitation any installments of special assessments payable with general real estate taxes in the tax year in which the Closing Date occurs, shall be prorated between Transferor and Transferee as of the Closing Date based on the their respective undivided interests in the common elements of the Condominium (as set forth in the CIC Declaration). Transferee shall assume all special assessments levied, pending or constituting a lien against the Property as of the Closing Date unless related to Transferor’s development of the Property. c)Attorneys’ Fees. Each of the parties will pay its own attorneys’ fees. 386 Item 13. 7 7.Title. a)Condition of Title. The parties hereby acknowledge the Property being reconveyed hereunder to Transferee is part of the Redevelopment Property conveyed to Transferor by the Authority as set forth in Section 3.5 of the Contract. Transferor shall reconvey to Transferee title to the Property subject only to the lien of real estate taxes and special assessments, the CIC Declaration, any encumbrances existing as of the date of the conveyance by the Authority to Transferor and any other encumbrances imposed at the request or with the consent of Transferee or the Authority (collectively, the “Permitted Encumbrances”). Except as otherwise provided herein, Transferor shall have no obligation to cure any title objections of Transferee related to the Property. b)Condition of Title at Closing. Between the Effective Date and the Closing, Transferor shall not allow any liens or encumbrances against the Improvements, or shall remove them prior to Closing, other than the Permitted Encumbrances and any other document ancillary to, required by or described in the Contract (“Intervening Liens”). Prior to Closing, to verify the existence of any Intervening Liens, Transferor shall deliver to Transferee a commitment (the “Title Commitment”) from the Title Company for a current ALTA Form B Owner’s Policy of Title Insurance for the Property (the “Title Policy”) insuring marketable fee simple title to the Property subject only to the Permitted Encumbrances. If the Title Commitment reflects any Intervening Liens, Transferor shall promptly cause removal of the same from title to the Property. In lieu thereof, Transferor may, if agreed to by Transferee in writing prior thereto, cause the Title Company to affirmatively insure over such Intervening Liens rather than delete the same as exceptions to the Title Policy. Transferor shall provide to Title Company such lien waivers or indemnifications as reasonably required to allow Title Company to issue the Title Policy to Transferee with the standard mechanic’s lien exception removed. Notwithstanding the foregoing, the parties acknowledge that Transferor may encumber the Property with one or more mortgage liens prior to Closing, but that the Property will be released from any and all such mortgage liens at or prior to the Closing. 8.Representations and Warranties by Transferor. Transferor represents and warrants to Transferee as follows: a)Authority. Transferor has the requisite power and authority to enter into and perform this Agreement and those Transferor’s Closing Documents signed by it; such documents have been duly authorized by all necessary action on the part of Transferor and have been duly executed and delivered; such execution, delivery and performance by Transferor of such documents does not conflict with or result in a violation of any judgment, order, or decree of any court or arbiter or any other agreements of any nature to which Transferor is a party; such documents are valid and binding obligations of Transferor, and are enforceable in accordance with their terms. 387 Item 13. 8 b)Rights of Others to Purchase Property. Transferor has not entered into any other contracts for the sale of the Property, nor are there any rights of first refusal or options to purchase the Property or any other third party rights that might prevent the consummation of this Agreement. c)FIRPTA. Transferor is not a “foreign person,” “foreign partnership,” “foreign trust” or “foreign state” as those terms are defined in § 1445 of the Internal Revenue Code. d)Proceedings. To Transferor’s knowledge, there is no action, litigation, investigation, condemnation or proceeding of any kind pending or threatened against Transferor or any portion of the Property that would have a material adverse effect on the Property or Transferor’s right and authority to convey the Property to Transferee. e)Wells, Storage Tanks. To Transferor’s knowledge, there are no wells or storage tanks located on the Property. f)Legal Action. Transferor shall deliver to Transferee a written notice of the commencement of any legal action by any governmental authority or third party affecting the Property and will make no concessions or settlements with respect to any such action which would have a future continuing impact on the Property without Transferee’s prior written consent, which consent shall not be unreasonably delayed, conditioned, or withheld. g)Methamphetamines. Transferor is not aware of any methamphetamine production on the Property. h)Environmental Condition. Prior to Closing, any release or disposal by Transferor, including any contractors, subcontractors, agents or other party acting on behalf of Transferor, of hazardous substances, as defined in the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), on, in or under the Project in violation of applicable laws, will be remediated or otherwise addressed in accordance with applicable laws, by Transferor. i)Violations. Prior to Closing, Transferor will correct, or otherwise address to the reasonable satisfaction of Transferee, violations of any applicable law, ordinance or regulation with regard to the Commercial Unit or Condominium caused by Transferor. Each of the representations and warranties herein contained shall survive one year after the Closing Date and shall not merge with the deed being delivered by Transferor at Closing and Transferee must commence any action based on any breach of the representation or warranties prior to the expiration of such one-year period. 9.Representations and Warranties by Transferee. Transferee represents and warrants to Transferor that Transferee has the requisite power and authority to enter into this Agreement and the Transferee’s Closing Documents signed by it; such documents have 388 Item 13. 9 been duly authorized by all necessary action on the part of Transferee and have been duly executed and delivered; that the execution, delivery and performance by Transferee of such documents do not conflict with or result in violation of any judgment, order or decree of any court or arbiter to which Transferee is a party; such documents are valid and binding obligations of Transferee, and are enforceable in accordance with their terms. 10.Damage. If, prior to the Closing Date, all or any part of the Property is substantially damaged by fire, casualty, the elements or any other cause, the terms of Section 5.1 (d) and (e) of the Contract shall apply. 11.Inspection. Upon completion of the Gray Shell Improvements, the Additional Installations and the City Building Upgrades, the Transferor’s general contractor and architect shall certify that such improvements are substantially completed in accordance with the Project Manual and any other requirement specified herein related to completion of such improvements. Transferee, at its sole cost and expense, shall, within ten (10) days after receiving notice of substantial completion from Transferor, (i) dispatch its governmental building inspector to complete a final inspection of the Gray Shell Improvements, the Additional Installations and the City Building Upgrades and pass same, and (ii) inspect such Gray Shell Improvements, the Additional Installations and City Building Upgrades to determine that they were completed in conformance with the Project Manual. If Transferee and/or the governmental building inspector finds that the Gray Shell Improvements, the Additional Installations or the City Building Upgrades do not materially conform to the Project Manual, Transferee shall submit its findings within five (5) days of such inspection to the Transferor’s architect for review. Within ten (10) days of receipt of Transferee’s findings, Transferor’s architect shall provide a detailed written response explaining the reasons for its professional opinion as to the Transferee’s findings and status of such Improvements. If Transferor’s architect disagrees with the Transferee’s findings, Transferee has the option, within ten (10) days thereafter, to notify Transferor of Transferee’s decision whether to i) accept the findings and proceed to Closing; ii) proceed with mediation or, iii) if the parties fail to resolve their dispute through mediation, proceed to arbitration with binding dispute resolution. Unless the parties mutually agree otherwise, mediation and arbitration shall be administered promptly by the American Arbitration Association in accordance with its Construction Industry Mediation/Arbitration Procedures in effect on the date of the Agreement. If the Transferor’s architect agrees with the Transferee’s findings, Transferor shall promptly proceed to correct such applicable nonconformities and, if such corrections cannot be completed prior to Closing, the Closing Date shall be extended as reasonably necessary to complete said corrections, provided that Transferor has commenced such corrections and is diligently proceeding toward completion of the same. 12.Waiver of Certain Minnesota Common Interest Ownership Act Requirements. Minnesota Statutes §§ 515B.4-101 – 515B.4-118 require the developer of a condominium to make certain disclosures and to give certain express and implied warranties to the purchaser of condominium units, but allow the developer and the purchaser of a nonresidential condominium unit to disclaim, waive and/or modify certain requirements. Transferee acknowledges and agrees that it has had an opportunity to review Minnesota Statutes §§ 515B.4-101 – 515B.4-118 and has had an opportunity to discuss the protections of those 389 Item 13. 10 laws with an attorney, and that the Redevelopment Property is restricted by the CIC Declaration to nonresidential uses (as contemplated by Minnesota Statutes Chapter 515B). Based on Transferee’s review and understanding of those laws, and not on any representations or statements made by Transferor or Transferor’s agents, Transferee hereby waives, and Transferor hereby disclaims, all of the requirements and protections of Minnesota Statutes §§ 515B.4-101 – 515B.4-118 solely related to statutory disclosures and warranties and agrees that none of such disclosure or warranty provisions shall apply to Transferee’s purchase of the Property from Transferor, except that (i) Minnesota Statutes § 515B.4-110, regarding the release of liens upon transfer of a unit, shall apply despite waiver of any obligation to provide any other statutory disclosures; and (ii) the statutory warranties set forth in Minnesota Statutes §§ 515B.4-112 and 515B.4-113 shall apply but, notwithstanding anything in Minnesota Statutes §§ 515B.4-1152 to the contrary, any claims thereunder must be brought within one (1) year from the date the cause of action accrues thereunder. Thereafter, said warranties shall have no further force or effect. The parties acknowledge that the reduced statute of limitations is part of the benefit of the bargain between them and that, but for Transferor’s agreement to modify the statute of limitations as set forth above as permitted by Minnesota Statutes §§ 515B.4-114 in the case of a condominium restricted to nonresidential use, Transferor would not have entered into this Agreement. At Closing, the parties agree to execute, deliver and record the Agreement Reducing Statute of Limitations attached hereto as Exhibit N. Subject to the express and implied statutory warranties described in this Section 12, the limited warranty in Section 29, the representations and warranties in Section 8 and the assignment of warranties contemplated Section 5(a)(ii), Transferee shall accept the Property “AS-IS”, “WHERE IS”, with all faults and without warranty, whether express or implied, including without limitation the warranties of habitability and fitness for a particular purpose. Without limiting the generality of the foregoing waiver and modification, Transferee hereby acknowledges that under the CIC Declaration the Association may elect to reserve for replacements but Transferee hereby waives any requirement for such reserves to be held by the Association. This Section 12 shall survive the Closing and delivery of the Deed. 13.Working Capital Deposit. Intentionally omitted. 14.Broker’s Commission. Transferor and Transferee represent and warrant to each other that they have dealt with no other brokers, finders or the like in connection with this Agreement. Subject to any statutory limitations affecting Transferee, Transferor and Transferee agree to indemnify each other and to hold each other harmless against all claims, damages, costs or expenses of or for any other such fees or commissions resulting from their actions or agreements regarding the execution or performance of this Agreement, and will pay all costs of defending any action or lawsuit brought to recover any such fees or commissions incurred by the other party, including reasonable attorneys’ fees. This Section 14 shall survive termination of this Agreement or the Closing and delivery of the Deed. 15.Assignment. Transferee or Transferor may not assign its rights under this Agreement without the consent of the other party. 16.Survival. All of the terms of this Agreement will survive and be enforceable after the Closing and delivery of the Deed, provided that any action by either party for breach of 390 Item 13. 11 this Agreement or for any other claim related to this Agreement must be commenced within one year after date the Closing occurs. 17.Notices. Any notice required or permitted to be given by any party to the other shall be given in writing, and shall be (i) delivered to the receiving party (or any officer of such party), or (ii) mailed by United States registered or certified mail, return receipt requested, postage prepaid, or (iii) properly deposited with a nationally recognized, reputable overnight courier, properly addressed as follows: If to Transferor: BPOZ Columbia Heights, LLC Attn: Robert Lux 800 Nicollet Mall, Suite 2850 Minneapolis, MN 55402 with a copy to: Winthrop & Weinstine, PA Attn: John Stern 225 South 6th Street, Suite 3500 Minneapolis, MN 55402 If to Transferee: City of Columbia Heights Attn: City Manager 590 40th Avenue NE Columbia Heights, MN 55421 with a copy to: Barna, Guzy & Steffen, Ltd. Attn: Timothy Erb 200 Coon Rapids Boulevard NW, #400 Coon Rapids, MN 55433 Notices shall be deemed effective on the earlier of the date of receipt or in the case of such deposit in the mail or overnight courier, on the next business day following such deposit. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, at least ten (10) days prior to the effective date of such change. 18.Captions. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement and are not to be considered in interpreting this Agreement. 19.Entire Agreement. This written Agreement (including all exhibits hereto) and the Contract and other agreements required thereunder constitute the complete agreement between the parties and supersedes any and all other oral or written agreements, negotiations, understandings and representations between the parties regarding the Property. There are no verbal or written side agreements that change this Agreement. 391 Item 13. 12 20.Amendment; Waiver. No amendment of this Agreement, and no waiver of any provision of this Agreement, shall be effective unless set forth in a writing expressing the intent to so amend or waive, and the exact nature of such amendment or waiver, and signed by all parties (in the case of amendment) or the waiving party (in the case of waiver). No waiver of a right in any one instance shall operate as a waiver of any other right, nor as a waiver of such right in a later or separate instance. 21.Binding Effect. This Agreement binds and benefits the parties and their successors and assigns. 22.Controlling Law. This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation and effect. 23.Remedies. a)If Transferee materially defaults under this Agreement and Transferor is not in material default of this Agreement and the Completion Contingency and Title Contingency conditions are met, Transferor shall, in its sole and absolute discretion, have the right to bring an action for either: i)specific performance (in which event, and notwithstanding anything contained herein or implied hereby or in the SOL Agreement to the contrary, the warranty periods provided hereunder and the SOL Agreement, including under Sections 5(a)(ii), 8, 12 and 29, shall be reduced by the number of days Closing was delayed due breach of this Agreement by Transferee), or ii)liquidated damages in the form of retention by Transferor of title to the Redevelopment Property, including the Property and improvements thereto, free and clear of any claims by Transferee thereto, plus the release from escrow to Transferor of all deposits held in escrow pursuant to the Escrow Agreement. Because the Gray Shell Improvements, the Additional Installations and the City Upgrades constructed or to be constructed by Transferor on the Property would not have been constructed but for this Agreement, Transferor and Transferee agree that Transferor’s damages resulting from Transferee’s default are difficult, if not impossible, to determine, and that the liquidated damages calculation above is a fair and reasonable estimate of those damages, which has been agreed to in an effort to cause the amount of said damages to be certain. Accordingly, Transferee and Transferor agree that it would be reasonable in such event to award such liquidated damages to Transferor. In the event this option (ii) is elected as Transferor’s remedy, the Contract shall, nevertheless, remain unaffected, except that Transferor’s obligations thereunder to convey the City Hall Component and related amenities to Transferee shall be deemed to have been satisfied in full. b)If Transferor materially defaults under this Agreement and fails to cure such default within thirty (30) days after written notice from Transferee (or if such default is not 392 Item 13. 13 curable within thirty (30) days, then such longer period as is reasonably necessary provided Transferor commences such cure and is diligently proceeding toward completion) and Transferee is not in material default of this Agreement, Transferee shall, in its sole and absolute discretion, have the right to bring an action for specific performance or actual out-of-pocket damages. 24.Counterparts. For the convenience of the parties, any number of counterparts hereof may be executed and each such executed counterpart shall be deemed an original, but all such counterparts together shall constitute one in the same Agreement. Counterpart signatures may be delivered via electronic mail (including any .pdf or electronic signature complying with the U.S. Federal ESIGN Act of 2000, e.g. www.docusign.com) or other transmission method and any such counterpart so delivered shall be deemed to be an original and have been duly and validly delivered and be valid and effective for all purposes. 25.Exhibits. All Exhibits referred to in this Agreement are attached and shall be considered a part of this Agreement. 26.Severability. If any provision of this Agreement is held to be unenforceable or void, such provision shall be deemed to be severable and shall in no way affect the validity of the remaining terms of this Agreement. 27.Time of Essence. Transferor and Transferee agree that time shall be of the essence of this Agreement. Notwithstanding the foregoing, in no event shall either party be liable or responsible for delays caused directly by matters beyond its control (collectively, “Unavoidable Delays”) such as strikes or other labor troubles or shortages, civil unrest, prolonged adverse weather or acts of God, epidemics, pandemics, or similar public health emergencies (including COVID-19), government mandated quarantine, fire or other casualty to the Minimum Improvements, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit (other than, in the case of Transferee, acts of the Authority or Transferee). 28.Capitalized Terms. Capitalized terms not otherwise defined herein shall have the meanings given such terms in the Contract. 29.Miscellaneous. The Transferor warrants to the Transferee that the materials and equipment furnished under this Agreement will be new and of good quality. In addition to the Transferor’s other obligations, including warranties under this Agreement, the Transferor shall, for a period of one year after the conveyance of Unit 1 to the Transferee, correct or otherwise address to the reasonable satisfaction of Transferee, work not conforming to the requirements of this Agreement. The Transferor shall obtain and pay for the building permit and other permits and governmental fees, and licenses necessary for the proper completion of the Minimum Improvements. At the completion of the Gray Shell Improvements, the Additional Installations and the City Building Upgrades, the Transferor shall remove tools, construction equipment, machinery and surplus materials from the Commercial Unit, and shall properly dispose of waste materials and leave the Commercial Unit in a neat and clean condition. 393 Item 13. 14 The Transferee may, after the Effective Date, order reasonable changes in the City Hall Component within the general scope of this Agreement with the reasonable approval of Transferor. Any change that eliminates an item described in the City Hall Component shall be deemed reasonable if Transferor has not commenced construction thereof or contracted for the purchase of the materials or labor therefor, which contract cannot be terminated or modified without cost or penalty. Change orders to the Gray Shell Improvements, the Additional Installations or the City Building Upgrades may require reasonable extensions of the Closing Date, and change orders to the City Building Upgrades or City Landscape Upgrades that will result in additional costs may require an additional contribution to the escrow account maintained in accordance with the Escrow Agreement extensions of the Closing Date. [Signature Pages Follow] 394 Item 13. S I G N A T U R E P A G E O F T RA N S F E R O R T O T R A N S F E R A G R E E M E N T T ra nsfe ro r has executed th is A greem ent as of the date fir st w ritten above. TRANSFEROR: BPOZ Columbia Heights, LLC et Name: Robert C. Lux 5 Its: President S-1 395 Item 13. 396 Item 13. A-1 EXHIBIT A LEGAL DESCRIPTION OF REDEVELOPMENT PROPERTY 397 Item 13. A-2 398 Item 13. B-1 EXHIBIT B GRAY SHELL MINIMUM IMPROVEMENTS The Gray Shell Improvements shall include any portion of the Commercial LCEs located within the Garage (as defined in the CIC Declaration) and all ducts, pipes, conduits, utility infrastructure and mechanical systems located within the common elements (as defined in the CIC Declaration) or another unit within the Condominium which are part of and/or intended to serve the Commercial Unit as improved with the Gray Shell Improvements (so as to allow immediate access to and improvement of the Commercial Unit after the Closing Date). 399 Item 13. EXHIBIT B SELLER WORK LETTER 10-23-2020 3989 Central Ave Columbia Heights, Minnesota Seller's Work: Seller shall provide, at no cost to Buyer other than the itemized costs derived from the City Upgrades explicitly stated in Exhibit C and Additional City Upgrades defined below, the following (collectively "Seller's Work") as set forth in the current design documents by Leo A Daly labeled “95% Construction Documents – Not For Construction”, dated June 22, 2020 (“Buyer’s 95% Plans”). Seller's Work is to be completed prior to delivering possession of the Premises to the Buyer, and in a good and workmanlike manner, using first quality new materials and in compliance with standard construction practices and all applicable codes. Buyer’s Plans: Notwithstanding the foregoing, Seller acknowledges that Buyer’s 95% Plans are currently incomplete and may require more detail in certain areas including but not limited to in-slab coordination items. Buyer will have the opportunity to submit updated plans by December 11th, 2020 that would effectively replace amend the Buyer’s 95% Plans, dated June 22, 2020, but will not be considered the Buyers 100% plans. Buyer will be solely responsible for any added costs to the Project that are a direct result of Buyer’s changes to the plans (“Additional City Upgrades”), these costs will be distributed from the City Hall Upgrades escrow account to either reimburse the Seller or pay contractor directly for certain upgrades to the Gray Shell, in accordance with the City Hall Upgrades Escrow Agreement (Exhibit D). Seller shall so notify the Buyer, in writing, and as soon as possible (but in no event later than thirty (30) days after such notice) the Buyer shall deposit in escrow an amount, in cash, equal to one hundred twenty-five percent (125%) of the estimated additional costs. Seller shall have no responsibility to pay or cause to be paid, any costs, charges or expenses incurred in connection with the construction and completion of the City Upgrades and/or change orders thereto in excess of amounts in the account from time to time. Shell Building Seller shall deliver the Premises free of all interior walls and ceilings. The Premises will have a clearance variation of 11’4” - 14' from floor slab to any overhead structures or obstructions as coordinated to date with Buyer’s 95% Plans. Where modifications of the clearances coordinated within the Buyer’s spaces may be required to be changed or altered by construction practices and/or unforeseen elements of the construction of the development overall, the Seller will notify the Buyer prior to the Sellers commencement of the work to allow for discussion with Buyer and for the Buyer to avoid unforeseen design costs that may negatively alter their space. Where the Buyer’s current design documents do not clearly indicate coordination requirements with the Seller's work, then the Transfer Agreement shall govern Seller's work. If the Transfer Agreement does not provide the required information, Seller will contact Buyer prior to commencement of Seller's work. Restrooms The Buyer will be required to submit plans for plumbing services by December 11th, 2020. Any concrete penetrations required that are not shown on the submitted plans will require Buyer to have Ground Penetrating Radar (GPR) and/or X-Ray services done prior to construction. Seller shall review plans and if required request additional engineering at the expense of the Buyer. Seller will provide 13 floor drains location sleeves through the post-tension concrete slab, with PVC DWV / PEX & CPVC piping. No fixtures are included. Utility Service Seller to furnish Buyer-specified electrical, gas, and sanitary service to the final points of connection (including all meters) within the Premises in coordination with Buyer’s 95% Plans. In the event the 400 Item 13. referenced documents do not provide clear connection information or more information is required, the Buyer will be required to submit revised plans December 11th, 2020. Water Distribution The Seller shall provide the Buyer with a sub-metered capped water line with meter and shut-off valve. This service line shall be sized and located in coordination with the Buyer’s 95% Plans. In the event the referenced documents do not provide clear connection information or more information is required, the Buyer will be required to submit revised plans by December 11th, 2020. The fire protection system and domestic water system may not be supplied from the same service. Seller to provide a minimum 2” water service line for domestic from the meter room to the City Hall space. Sanitary Sewage Seller is responsible for ensuring all lines and infrastructure beyond Buyer's point of connection has adequate capacity, positive flow, and is in good working order and cleaned out prior to Delivery to Buyer. The point of connection locations shall be coordinated with the Buyer’s 95% Plans for all sleeving and work required by Buyer prior to possession of the Premises. In the event the referenced documents do not provide clear connection information or more information is required, the Buyer will be required to submit revised plans by December 11th, 2020. Gas Distribution The Seller shall deliver sub-metered natural gas service with pressure regulator and shut off stubbed to Utility Area as noted on plan. Buyer will be required to provide any necessary piping from that location. Natural gas shall be connected to all HVAC equipment provided by Seller (See HVAC). This service shall be sized in coordination with Buyer’s 95% Plans. In the event the referenced documents do not provide clear connection information or more information is required, the Buyer will be required to submit revised plans by December 11th, 2020. Seller to provide gas line stubbed into City Hall space and capped. Sidewalks & Patios Sidewalks and Patios provided as detailed per Seller’s Full Building Permit Set. Any added structures to patio areas to be reviewed by Seller for size, weight, and anchoring requirements prior to installation.The concrete patio must be smooth, level and properly cured and ready to accept Buyer’s patio furniture. Any Buyer requested changes to the sidewalk design shall be at the sole cost of Buyer and shall not negatively impact Seller’s construction timeline. Flooring Seller will provide reinforced concrete slab, in stable, dry condition. Any alterations to the concrete slab within the boundaries of the Gray Shell not coordinated with the Buyer’s 95% Plans, must be approved by Buyer prior to construction. All flooring must meet all applicable building, structural and ADA jurisdictional requirements. Entrances, Storefronts, and Exterior Building Finishes Seller will provide aluminum storefront system in like-new condition to include but not be limited to: thermally broken frame with non-tinted, double pane insulated and safety rated, impact resistant storefront glass and entry doors per Buyer’s 95% Plans. In the event the referenced documents do not provide clear intent or more information is required, the Buyer will be required to submit revised plans by December 11th, 2020. Seller will provide both (a) all entrances at street or walkway level, and (b) entrances in compliance with all applicable codes that meet federal, state, provincial, local building, life safety, and handicap accessibility codes. Exterior Metal Doors & Frames Seller to furnish and install multiple commercial grade heavy-duty hollow metal exterior service doors in coordination with Buyer’s 95% Plans. In the event the referenced documents do not provide clear connection information or more information is required, the Buyer will be required to submit revised plans by December 11th, 2020. These openings will be in compliance with all building and fire agencies having jurisdiction. Seller will furnish and install all exterior door hardware including panic hardware and door 401 Item 13. closure in coordination with Buyer’s 95% Plans. In the event the referenced documents do not provide clear connection information or more information is required, the Buyer will be required to submit revised plans by December 11th, 2020. Gypsum Board All non-masonry fire-rated demising walls shall be framed, insulated, sheet rocked and fire-taped up to the underside of roof structure as per code requirements. All perimeter walls to be insulated, dry walled, and finished to deck. Walls to be fire taped only. Fire Detection and Alarm If required by applicable codes Seller shall: Permit, furnish, install, monitor, and maintain base building monitoring and fire protection alarm system. The system must be programmed and functional prior to Buyer taking possession of Premises. System shall be designed for Buyer to make all final connections as per local code. Fire-Suppression Sprinkler Systems Seller to provide and install complete sprinkler system for the Buyer's space (if required by code for Buyer’s use) including, but not be limited to, the following: Distribution piping and heads based upon an open space layout and in accordance with local, state and national fire codes. The installed height of these elements will be coordinated with the Buyer’s 95% Plans. In the event the referenced documents do not provide clear connection information or more information is required, the Buyer will be required to submit revised plans by December 11th, 2020. Buyer will be responsible for final drops and modifications based upon Buyer's plans. Seller will be responsible for engineering, shop drawings, and permitting as needed. The Buyer’s System must be pressure tested, fully operational, inspected and approved by local agencies having jurisdiction. Fire-Suppression Sprinkler Details: 1.) Provide a design/build wet sprinkler system to meet NFPA #13, the International Building/Fire codes with state amendments & the city of Columbia Heights, MN 2.) Provide drawings and hydraulic calculations that are to be submitted and approved by the city of Columbia Heights, MN 3.) Provide a separate sprinkler zone to serve the City Hall space. The sprinkler zone control assembly is to be located in the stairwell that serves the City Hall space 4.) Provide standard or extended coverage brass upright sprinklers on exposed black steel pipe throughout. 1” openings are provided for future modifications 5.) Sprinkler spacing to be up to a maximum of 12’x12’ (change from 20’x20’ to 12’x12’ may cause an increase in cost, any increase in cost would qualify as a City Upgrade and be paid for pursuant Exhibit D) 6.) Piping and material to be UL listed and/or FM Global approved and to conform to NFPA #13 7.) Fire sprinkler systems in the City Hall space is to be designed as Light Hazard, 0.10 gpm /SF over 1,500 SF with 100 gpm outside hose stream included 8.) Any revisions to the sprinkler grid system to accommodate the space is the Buyer’s responsibility and expense 9.) Buyer’s shall provide and install a fire alarm system in accordance with any and all codes at Buyer’s expense. 402 Item 13. HVAC The HVAC is a Variable Refrigerant Flow or (VRF) system. Exterior Make-up Air Units and associated connections points to be provided by Seller in coordination with Buyer’s 95% Plans for interior HVAC systems. The system components provided by the Seller is manufactured by LG. Buyer is required to use LG and/or LG authorized firm for all programing and final connections to heating/cooling recovery terminals. All HVAC thermostats, humidification, and accessories must be LG manufactured products. Buyer to submit all final HVAC design and vendor plans for approval by Seller prior to commencement of Buyers work. Seller to provide and install copper heat pump line roughed into space (no equipment, ductwork or piping are not included) and one (1) louver. Seller’s Work includes an opening in the PT roof slab for RTU supply and returns. Buyer shall be responsible for all other work including but not limited to RTUs, VTUs, Fan coils, piping, ductwork, HVAC thermostats, humidification, and accessories. Electrical Distribution Electrical Amperage is to be provided in coordination with Buyer’s 95% Plans. All sleeve locations for points of connection within the Buyer’s space are to be coordinated with Buyer’s 95% Plans. In the event the referenced documents do not provide clear connection information or more information is required, the Buyer will be required to submit revised plans by December 11th, 2020. Electrical Distribution Details: 1.) Electric Service will be a 600 amp fed from mechanical room, adequate pipe runs to just inside envelope 2.) 200 amp panel for construction mounted on wall in city hall space 3.) Temp lighting in space (6 pendant 11,000 lumens omni directional) 4.) Pipe to just inside envelope for data run. 5.) Wire and temp t-stats connection for Reznor temp heater. 6.) Seller is responsible for all interior and exterior emergency lighting, and all required exit lighting Cooper Universal (high efficiency LED red exits with battery backup if permitted per code). 7.) Seller will provide generator access below grade into the parking garage and sleeve up into the electrical room of the Buyer’s unit as shown in Buyer’s 95% Drawings. (any increase in cost for additional in-slab punching would qualify as a City Upgrade and be paid for pursuant Exhibit D) Audio/Visual Raceway/Distribution At Buyer’s cost, Seller to provide in-slab AV back boxes, j-boxes, and in-slab conduits to stub up from floor as coordinated with Buyer’s 95% Plans. In the event the referenced documents do not provide clear connection information or more information is required, the Buyer will be required to submit revised plans by December 11th, 2020. These elements shall be located for, but not limited to spaces such as conference rooms, open office furniture locations, and City Council room/meeting rooms. Site Signage Seller to provide and install conduit from the Premises to all site signage as detailed per Seller’s Full Building Permit Set. Seller to provide circuit back j-box in ceiling space location to be determined by Buyer. Overall Site and Accessibility Seller shall provide a site that is in conformance to all current local codes and ordinance including but not limited to recording of plat, landscape compliance, drive aisle sizes, etc. Seller shall provide parking of adequate size, type (including handicap parking), and quantity as agreed upon in the Condominium 403 Item 13. Declaration, Transfer Agreement, and Parking License Agreements. Seller shall provide adequate loading zone area as required for uses. Seller shall provide accessible routes constructed with approved surfaces from the public right-of-way and accessible parking spaces to the accessible building entry/entries as required by local codes and ordinances. [Not related to Gray Shell Improvements.] Miscellaneous Buyer will not be responsible for any fees associated with work performed by Seller. Seller shall satisfy all requirements and obtain all approvals relating to work/amenities outside of the Premises as required by the governing authorities, as necessary for the Buyer to apply for and obtain building permits based on the square footage of the proposed facility and the operational use including but not limited to: utilities, planning and zoning, site plan approval, land use, land division, architectural, environmental, and traffic. Seller is responsible to demise Premises and provide fire separation as required by code, based on Buyer's square footage and proposed use. Seller is responsible for satisfying all vehicular and pedestrian requirements outside of the premises as required by code, including, but not limited to access, walks, parking, loading, circulation, ADA requirements. Seller and Buyer agree that any changes or amendments to improvements listed herein shall be communicated timely by Seller to Buyer and changes to plans and specifications shall be coordinated between Seller and Buyer to minimize impacts to Buyer’s useable space and budget. 404 Item 13. C-1 EXHIBIT C CITY BUILDING UPGRADES, CITY LANDSCAPE UPGRADES AND ADDITIONAL INSTALLATIONS CITY BUILDING UPGRADES CITY LANDSCAPE UPGRADES 405 Item 13. C-2 ADDITIONAL INSTALLATIONS 406 Item 13. D-1 EXHIBIT D CONSTRUCTION ESCROW AND DISBURSING AGREEMENT 407 Item 13. -1- CONSTRUCTION ESCROW AND DISBURSING AGREEMENT (City Upgrades) This CONSTRUCTION ESCROW AND DISBURSING AGREEMENT (“Agreement”) is effective as of ______________, 2020 (the “Effective Date”) by and among BPOZ Columbia Heights, LLC, a Delaware limited liability company (“BPOZ”), and the City of Columbia Heights, a Minnesota municipal corporation (“City”) and First American Title Insurance Company (“Escrow Agent”). RECITALS A.BPOZ has acquired title to certain land (the “Redevelopment Property”) pursuant to a certain Purchase and Redevelopment Contract by and among BPOZ, the City and the Columbia Heights Economic Development Authority dated ____________ (the “Contract”), under which BPOZ has agreed to construct a mixed-use building (the “Project”) consisting of approximately 266 multifamily rental apartment dwellings, approximately 3,280 square feet of commercial space, and associated structured and surface parking all to be owned and operated initially by BPOZ (the “Housing Component”), and (ii) approximately 21,256 square feet of gray-shell finish space designed for use as a City hall to be owned and operated initially by City (the “City Hall Component”). B.The Contract requires BPOZ to construct the City Hall Component to a gray shell finish by constructing the “Gray Shell Improvements”, as more specifically defined in a Transfer Agreement, dated _________between BPOZ and the City (the “Transfer Agreement”) and then transfer the City Hall Component to the City in partial satisfaction of the consideration owed by BPOZ under the Contract in exchange for the Redevelopment Property. C.To legally subdivide the City Hall Component from the remainder of the Project, BPOZ intends to create on the Redevelopment Property a two-unit condominium to be known as Common Interest Community No. ____, “The Heights” (the “Condominium”), the City Hall Component of which will be one of the two separate condominium units referred to in the governing common interest community declaration and common interest community plat (collectively, the “CIC Declaration”) as “Unit 1” or the “Commercial Unit”. D.In addition, the City has requested and BPOZ has agreed to construct certain upgrades within the Commercial Unit or on limited common elements allocated by the CIC Declaration for the exclusive use of the Commercial Unit (the “Commercial LCEs”), some of which upgrades (such as the façade and vestibule serving the City Hall Component) are to the Building (the “City Building Upgrades”), and some of which (such as the heated sidewalk and bollards) are to the surrounding landscape (the “City Landscape Upgrades”), and all of which are more specifically set forth in the Transfer Agreement and in the construction plans and specifications mutually approved by the parties hereto. The City 408 Item 13. -2- Building Upgrades and the City Landscape Upgrades are hereinafter collectively referred to as the “City Upgrades”. E.BPOZ intends to complete and deliver the City Building Upgrades, along with the Gray Shell Improvements at closing on the transfer of the Premises to the City, and to complete and deliver the City Landscape Upgrades as weather conditions allow. F.In order to assure that the City Upgrades are properly made and paid for in a timely manner, the parties desire to enter into this Construction Escrow and Disbursement Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: 1.Construction of City Upgrades. BPOZ shall construct and deliver the City Upgrades substantially in accordance with the construction plans and specifications prepared by _________________ and approved by the City and BPOZ (the “Construction Plans”) and shall use its best efforts to meet the schedule set forth on Exhibit A attached hereto, subject to any mutually approved change orders and Unavoidable Delays. (A)The City Upgrades will utilize materials specified in the Construction Plans and be constructed in a workmanlike manner, in accordance with good building practices, in compliance with all applicable laws, ordinances, permits, rules and regulations, and consistent with any insurance underwriting requirements. (B)BPOZ will substantially complete the City Building Upgrades and deliver the same with the Gray Shell Improvements on or before the Closing Date set forth in the Transfer Agreement, subject to Unavoidable Delays. (C)BPOZ will substantially complete the City Landscape Upgrades, as soon as practicable after substantial completion of the Gray Shell Improvements and the City Building Upgrades, as weather conditions allow after said Closing Date but no later than December 31, 2022, subject to Unavoidable Delays. (D)As used in this Agreement, “Unavoidable Delays” means delays beyond the reasonable control of BPOZ, including, those which are the direct result of strikes, other labor troubles, prolonged adverse weather or acts of God, epidemics, pandemics, or similar public health emergencies (including COVID-19), government mandated quarantines, civil unrest, fire or other casualty, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit, including without limitation condemnation or threat of condemnation of any portion of the Redevelopment Property, which directly result in delays. (E)The City warrants and represents to BPOZ that the City Upgrades are not subject to public bidding laws, prevailing wage laws or similar laws. 409 Item 13. -3- 2.Escrow Account. (A)Establishment. The Escrow Agent acknowledges that the City has deposited into an account maintained by the Escrow Agent (the “Escrow Account”) the sum of Four Hundred Twenty-one Thousand, Seven Hundred Forty-Seven and 50/100ths Dollars ($ 421,747.50) (together with any additions thereto or interest thereon, the “Escrow Deposit”), being approximately 125% of the estimated costs of labor, materials and related expenses for the City Upgrades (as the same may be increased by change orders as provided herein, collectively, the “City Upgrade Costs”). The Escrow Agent agrees to hold and disburse the Escrow Deposit as construction of the City Upgrades progresses, pursuant to this Agreement. (B)Sufficiency; Change Orders. Absent change orders, BPOZ agrees that the City Upgrades do not require expenditures in excess of the funds available to construct the City Upgrades. In the event of one or more change orders are mutually approved that increase the City Upgrade Costs, however, the City shall deposit into the Escrow Account an additional amount equal to the lesser of 125% of the estimated cost increase due to such change order or 125% of the estimated cost of the remaining work necessary to complete the City Upgrades as modified by the change order. (C)Use. The Escrow Deposit shall, except as otherwise stated in this Agreement, be used exclusively for the purpose of paying or reimbursing BPOZ for the costs of the construction and installation of the City Upgrades from time to time as construction progresses. (D)Accounting. The Escrow Agent shall account for all funds deposited with it and shall hold the Escrow Deposit in a non-risk, interest bearing account. Interest earned on any portion of the Escrow Deposit shall be added to the Escrow Deposit and be available to pay for the City Upgrade Costs. 3.Conditions for Disbursement. a.First Disbursement of Funds. Prior to the first disbursement hereunder, Escrow Agent shall be furnished: i.A copy of the construction budget or use of proceeds schedule executed by BPOZ setting forth the amounts budgeted for all items which in the aggregate constitute the City Upgrade Costs. ii.A disbursement request, in the form attached to this Agreement as Exhibit B (“Disbursement Request”), executed by BPOZ in connection with the requested disbursement. iii.Sufficient funds to cover the requested disbursements, all unpaid charges owed under this Agreement, and all remaining City Upgrade Costs. 410 Item 13. -4- b.Conditions of Subsequent Disbursements. Prior to each disbursement hereunder, the Escrow Agent shall be furnished: i.An up-to-date construction budget prepared by BPOZ. ii.A Disbursement Request executed by BPOZ in connection with the requested disbursement. iii.Sufficient funds to cover the requested disbursements and to pay for extras or change orders for which waivers have not been deposited and for which funds have not previously been deposited. iv.Sufficient funds to cover the disbursement, and all unpaid charges owed under this Agreement. v.A sworn construction statement and unconditional lien waivers, satisfactory to Escrow Agent, with respect to amounts disbursed for City Upgrade Costs pursuant to the immediately preceding Disbursement Request. The parties acknowledge that the sworn construction statements required under this Agreement will be those prepared for all of the improvements on the Redevelopment Property, including the Minimum Improvements (as defined in the Contract) and the City Upgrades. vi.Copies of all pending or approved change orders. c.Conditions of Final Disbursement. i.An up-to-date Project Budget prepared by BPOZ. ii.Copies of all pending or approved change orders. iii.The Disbursement Request executed by BPOZ in connection with the requested disbursement. iv.Sufficient funds to cover the requested disbursements, and to pay for extras or change orders for which waivers have not been deposited and for which funds have not previously been deposited. v.Sufficient funds to cover unpaid charges owed under this Agreement. vi.Sworn construction statement and lien waivers, satisfactory to Escrow Agent, with respect to amounts disbursed for City Upgrade Costs pursuant to the immediately preceding Disbursement Request. 411 Item 13. -5- vii.Conditional final lien waivers from all contractors or subcontractors confirming the amount to be paid pursuant to the Disbursement Request. viii.Copy of a certificate of substantial completion from the City, as set forth in Section 7 below, satisfactory to Escrow Agent, that the City Upgrades have been completed. The City's issuance of a certificate of substantial completion of the City Upgrades shall be deemed a certification by the City that the City Upgrades have been completed in a manner satisfactory to the City and in accordance with applicable building, zoning or other codes, ordinances, statutes, laws, regulations or requirements of any governmental authority or agency, except that such certification shall not be deemed to be a further waiver by the City of any statutory warranty or right to the extent such statutory warranty or right has not already been waived or modified under the Transfer Agreement. 4.Supervision. The City acknowledges and agrees that the direction and supervision of the work force constructing or installing the City Upgrades, including subcontractors, rests exclusively with BPOZ, and the City agrees not to issue any instructions to or otherwise interfere with the same. The City further agrees not to negotiate with BPOZ’s subcontractors for additional work or otherwise interfere with their work. 5.Cooperation. If the City will be completing certain interior finishes to the Commercial Unit other than the City Upgrades (“City’s Work”), the City agrees, for the benefit of BPOZ (and The Heights Owners Association, as the case may be (the “Association”)) (i) to cooperate with BPOZ, if the Project, including without limitation, the City Upgrades, are not then completed, to minimize any inconvenience to or delays of BPOZ’s contractors and agents in timely completing the same, (ii) to minimize any disturbance to the occupants, if any, of the Housing Component, (iii) to hold BPOZ and the Association harmless from and fully indemnify them, subject to any applicable statutory limits, for all damage, injury, claims, loss, cost, and expense that results from City’s Work, except as may relate to, or arise from, the gross negligence or intentional conduct of BPOZ, (iv) to ensure that those performing the labor for or providing the materials directly to City are fully insured, and (v) to keep the Housing Component and all common elements of the Condominium free and clear of mechanics’ and materialmen’s liens resulting from City’s Work. If BPOZ will be completing certain work to Housing Component (“BPOZ’s Work”), BPOZ agrees: (i) to cooperate with the City, if the Project is not then completed, to minimize any inconvenience to or delays of the City’s contractors and agents in timely completing the City’s Work, (ii) to minimize any disturbance to the occupants, if any, of the City Hall Component and any limited common element allocated to the City, (iii) to hold the City harmless from and fully indemnify the City, for all damage, injury, claims, loss, cost, and expense that results from BPOZ’s Work, except as may relate to, or arise from, the gross negligence or intentional conduct of the City, (iv) to ensure that those performing the labor for or providing the materials directly to BPOZ are fully insured, and (v) to keep the City Hall Component and all common elements of the Condominium free and clear of mechanics’ and materialmen’s liens resulting from BPOZ’s Work. The indemnification obligations under this Section shall survive termination of this Agreement. 412 Item 13. -6- 6.Inspections and Warranty. BPOZ will permit the City or any person designated by the City and any interested governmental authority, from time to time and, except in the event of an emergency, upon 48 hours’ advance written notice, to inspect the City Upgrades and to examine and copy all contracts and bills or other documents required hereunder to be provided to Escrow Agent pertaining to the City Upgrades. BPOZ agrees to promptly cause the replacement of any material or work that is defective, unworkmanlike, does not comply with any applicable law, ordinance, rule or regulation, or does not comply with the requirements of this Agreement. The statutory warranties under the Minnesota Common Interest Ownership Act shall apply to the City Upgrades to the extent specified by the Transfer Agreement. 7.Substantial Completion. The City shall determine substantial completion of the City Building Upgrades pursuant to Section 11 of the Transfer Agreement. Upon notice to City by BPOZ of substantial completion of the City Landscape Upgrades, City shall promptly inspect the City Landscape Upgrades to determine that they were completed in conformance with the plans therefor. If City accepts the City Landscape Upgrades, City shall promptly issue a certificate of completion therefor effective as of BPOZ’s notice to the City. If City finds such City Landscape Upgrades do not materially conform to such plans, City shall submit its findings to the BPOZ’s architect for review. Within five (5) business days of receipt of City’s findings, BPOZ’s architect shall provide a written response rendering its professional opinion as to the City’s findings and status of such City Landscape Upgrades. If BPOZ’s architect disagrees with the City’s findings, City shall accept such City Landscape Upgrades and issue to BPOZ a certificate of completion to evidence City’s acceptance thereof. If the BPOZ’s architect agrees with the City’s findings, BPOZ shall promptly proceed to correct such applicable nonconformities, whereupon a certificate of completion shall be promptly issued by City effective as of BPOZ’s renewed notice of substantial completion. 8.Use of Escrow Account; Lien Protection. BPOZ shall promptly pay, or cause to be paid from the Escrow Account, when due all costs, charges and expenses incurred in connection with the construction and completion of the City Upgrades, and, subject to the City’s performance hereunder and under the Transfer Agreement to fund the Escrow Deposit and any other deposits required as a result of change orders, shall keep the Premises and common elements of the Condominium free and clear of any and all mechanic’s liens relating to the City Upgrades. All disbursements for City Upgrade Costs may be made either to BPOZ as reimbursement for costs paid or advanced, or to the contractor (who it is expected will thereafter promptly pay subcontractors for the work or amounts listed in the draw request) or may be made directly to the subcontractors, in the discretion of Escrow Agent, solely to pay for materials, labor and services, or to pay costs and expenses for which such disbursement is requested. BPOZ may, by written direction, require that all payments be made directly to subcontractors. 9.Insurance Requirements. BPOZ shall provide or cause to be provided workers' compensation, builder's risk, and public liability insurance and other insurance required under applicable law in connection with any of the City Upgrades. 413 Item 13. -7- 10.Insufficient Account. If BPOZ determines in its reasonable discretion that the money in the Escrow Account is insufficient to pay for completion of the City Upgrades due to change orders, BPOZ shall so notify the City, in writing, and as soon as possible (but in no event later than twenty (20) days after such notice) the City shall deposit with the Escrow Agent an amount, in cash, equal to one hundred twenty-five percent (125%) of such deficiency. BPOZ shall have no responsibility to pay or cause to be paid, any costs, charges or expenses incurred in connection with the construction and completion of the City Upgrades and change orders thereto in excess of amounts in the Escrow Account from time to time. 11.Default. If BPOZ abandons or fails to proceed diligently with the City Upgrades or otherwise is in default under this Agreement, the City shall have the right (but not the obligation) to take over and cause the completion of the City Upgrades following ten (10) days’ advance written notice to BPOZ and the Escrow Agent (the “Default Notice”). Unless BPOZ disputes the Default Notice, as evidenced by written notice delivered by BPOZ to the City and the Escrow Agent within ten (10) days following the receipt (or deemed receipt as the case may be) of the Default Notice, the City may demand release of so much of the remaining Escrow Deposit to cover the City’s out-of-pocket costs incurred to complete the City Upgrades. In the event BPOZ timely disputes the Default Notice, Escrow Agent may, at its option, either (i) continue to hold the remaining Escrow Deposit until such time as BPOZ and the City resolve their dispute and issue joint written instructions relative to disbursement of the Escrow Deposit, or (ii) deposit the Escrow Deposit with a court of competent jurisdiction, in which event Escrow Agent shall thereupon be relieved from all further obligations hereunder. If the City defaults under this Agreement, after written notice of such default is provided to the City and the City has not cured such default within ten (10) business days, BPOZ shall, in its sole discretion, have the right (i) to bring an action for either specific performance or (ii) to all amounts then remaining the in Escrow Account as liquidated damages, it being agreed that BPOZ would not have constructed the City Upgrades but for this Agreement and that BPOZ’s damages resulting from the City’s default are difficult, if not impossible, to determine, and that the liquidated damages calculation above is a fair and reasonable estimate of those damages, which has been agreed to in an effort to cause the amount of said damages to be certain. 12.Liability of Escrow Agent. The functions and duties assumed by Escrow Agent include only those described in this Agreement, and Escrow Agent is not obligated to act except in accordance with the terms and conditions of this Agreement. Escrow Agent does not insure that the City Upgrades will be completed, nor does it insure that the City Upgrades, when completed will be in accordance with any plans or specifications, nor that sufficient funds will be available for the completion, nor does it assume any liability for the City Upgrades. Escrow Agent has no liability for loss caused by an error in the certification furnished it hereunder as to work in place. Escrow Agent shall not be responsible for any loss of documents or funds while such documents or funds are not in its custody. Documents or funds which are deposited in the United States mail shall not be construed as being in the custody of Escrow Agent. Escrow Agent is not responsible for loss due to false affidavits of contractors and subcontractors. If Escrow Agent discovers a misstatement in an affidavit furnished by the contractor or BPOZ, it shall stop 414 Item 13. -8- disbursement until the misstatement has been corrected to BPOZ’s and Escrow Agent's satisfaction. The parties acknowledge that Escrow Agent shall not be responsible for creating, furnishing or reporting any IRS 1099 notices or filings for any payments it disburses under this Agreement for the parties. 13.Indemnification of Escrow Agent. Except for Escrow Agent’s negligence or willful misconduct in the performance of its duties under this Agreement, BPOZ and the City (subject to any statutory limits), jointly and severally, agree to indemnify Escrow Agent against all losses, claims, damages, liability, and expenses, including, without limitation, costs of investigation and legal counsel fees which may be imposed on Escrow Agent or incurred by Escrow Agent in connection with the performance of its duties under this Agreement, including, without limitation, any litigation arising from this Agreement or involving the subject matter of this Agreement. 14.Fees. BPOZ and the City shall share equally in payment of all escrow-related charges due under this Agreement, including any search update fees, and any Escrow Agent an administrative fee of $350.00 (or more in the event of a non-routine draw, which may be considered non-routine because of unresolved liens, insufficient project or lien waiver documentation, disputes between parties, etc.) per disbursement. 15.Termination. Except as it may relate to warranties, this Agreement shall terminate upon the completion of the City Upgrades in accordance with this Agreement and BPOZ's reasonable satisfaction, and the full disbursement by the Escrow Agent of the City Upgrade Costs. In the event there are funds remaining in the Escrow Account after the City Upgrades have been completed in accordance with this Agreement and the City Upgrade Costs have been paid in full, such funds remaining in the Escrow Account shall be promptly refunded by the Escrow Agent to the City. 16.Notices. Any notice required to be given to BPOZ, the City or Escrow Agent pursuant to this Agreement shall be in writing and shall be deemed duly given: (i) on the date of personal delivery; (ii) on the date of e-mail delivery as evidenced by a receipt of transmission report (provided such email is followed by delivery by one of the other means identified in (iii) or (iv) below); (iii) one (1) business day following dispatch by Federal Express or equivalent overnight delivery service or (iv) three (3) business days after mailing certified or registered mail, postage prepaid, return receipt requested, to respective addresses of the parties set out below: ESCROW AGENT: First American Title Insurance Company 121 South 8th Street, Suite 1250 Minneapolis, MN 55402 Attn: Kathy Estenson E-mail: kestenson@firstam.com 415 Item 13. -9- BPOZ: BPOZ Columbia Heights, LLC IDS Center 80 South 8th Street, Suite 4155 Minneapolis, MN 55402 Attn: Robert C. Lux E-mail: rclux@alatusllc.com CITY: City of Columbia Heights Attn: City Manager 590 40th Avenue NE Columbia Heights, MN 55421 E-mail: KBourgeois@columbiaheightsmn.gov 17.Choice of Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota. 18.Successors and Assigns. No party hereunder may assign its rights and interests under this Agreement, in whole or in part, without the prior written consent of the other party. The terms used to designate any of the parties herein shall be deemed to include the permitted successors and assigns of such parties. 19.Entire Agreement. This Agreement and the Transfer Agreement represent the final agreement between the parties with respect to the City Upgrades and the Escrow Account and may not be contradicted by evidence of prior, contemporaneous or subsequent oral agreements. There are no unwritten oral agreements between the parties. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, with respect to the City Upgrades and the Escrow Account are merged into this Agreement and the Transfer Agreement. Neither this Agreement nor any of its provisions may be waived, modified, amended, discharged, or terminated except in writing signed by the party against which the enforcement of the waiver, modification, amendment, discharge, or termination is sought, and then only to the extent set forth in that writing as agreed to by the parties. 20.Time of Essence. BPOZ and the City agree that time shall be of the essence of this Agreement. Notwithstanding the foregoing, in no event shall either party be liable or responsible for Unavoidable Delays. 21.Captions. The paragraph headings or captions appearing in this Agreement are for convenience only, are not a part of this Agreement and are not to be considered in interpreting this Agreement. 22.Counterparts. This Agreement may be executed in multiple counterparts, each of which shall constitute an original document and all of which together shall constitute one agreement. Counterpart signatures may be delivered via electronic mail (including any .pdf or electronic signature complying with the U.S. Federal ESIGN Act of 2000, e.g. 416 Item 13. -10- www.docusign.com) or other transmission method and any such counterpart so delivered shall be deemed to be an original and have been duly and validly delivered and be valid and effective for all purposes. [Signature Page to Follow] 417 Item 13. Signature Page to Construction Escrow and Disbursing Agreement IN WITNESS WHEREOF, the undersigned have executed this Agreement effective as of the day and year first above written. BPOZ: BPOZ COLUMBIA HEIGHTS, LLC, a Delaware limited liability company By: __________________________ Its: ________________________ CITY: CITY OF COLUMBIA HEIGHTS, a Minnesota municipal corporation By: ____________________________ Its: Mayor And by: ________________________ Its: City Manager Approved as to Form: _______________________ FIRST AMERICAN TITLE INSURANCE COMPANY By: ____________________________ Its: ____________________________ 418 Item 13. EXHIBIT A CITY UPGRADES SCHEDULE 419 Item 13. EXHIBIT B DISBURSEMENT REQUEST On _______________, 20____, BPOZ Columbia Heights, LLC, a Delaware limited liability company (“BPOZ”) hereby requests the disbursement of funds to the following persons in the amounts set forth below (“Disbursement Request”) from the Escrow Account established pursuant to the Escrow and Disbursing Agreement dated _________, 20__ (the “Agreement”) executed by and among BPOZ, the City and First American Title Insurance Company to pay for City Upgrades located at Common Interest Community No. ___, The Heights Condominium in Columbia Heights, Minnesota. All capitalized terms not defined herein shall have the meanings ascribed to them in the Agreement. Name and Address of Payee Amount Requested to be Paid a. ___________________________ $__________________________ ___________________________ ___________________________ b. ___________________________ $__________________________ ___________________________ ___________________________ c. ___________________________ $__________________________ ___________________________ ___________________________ d. ___________________________ $__________________________ ___________________________ ____________________________ The undersigned hereby represents and warrants to Escrow Agent that the following information and certifications provided in connection with this Disbursement Request are true and correct: 1.Attached hereto are invoices and any other documentation which may be required pursuant to the Agreement with respect to each item for which payment is requested above. 2.Estimated costs of completing the uncompleted City Upgrades as of the date of this Disbursement Request: 420 Item 13. 3.The undersigned certifies that: (A) the disbursement requested pursuant to this Disbursement Request will be used solely to pay a cost or costs allowable under the Agreement; (B) none of the items for which disbursement is requested pursuant to this Disbursement Request has formed the basis for any disbursement previously made from the Escrow Account; (C) all labor and materials for which disbursements have been requested have been incorporated into the City Upgrades or suitably stored upon the Project in accordance with reasonable and standard building practices, the Agreement and all applicable laws, ordinances, rules and regulations of any governmental authority having jurisdiction over the Project; and (D) the materials, supplies and equipment furnished or installed for the City Upgrades are not subject to any lien or security interest or that the funds to be disbursed pursuant to this Disbursement Request are to be used to satisfy any such lien or security interest. IN WITNESS WHEREOF, the undersigned has executed this Disbursement Request as of the day and date first above written. BPOZ: BPOZ COLUMBIA HEIGHTS, LLC, a Delaware limited liability company By: __________________________ Its: ________________________ 20337073v8 421 Item 13. E-1 EXHIBIT E [INTENTIONALLY LEFT BLANK] 422 Item 13. F-1 EXHIBIT F FORM OF DEED 423 Item 13. (reserved for recording data) ______________________________________________________________________________ LIMITED WARRANTY DEED eCRV number: DEED TAX DUE HEREON: $_______________ Date: _____________, 20__ FOR VALUABLE CONSIDERATION, BPOZ Columbia Heights, LLC, a limited liability company under the laws of Delaware (“Grantor”), hereby conveys and quit claims to the City of Columbia Heights, a municipal corporation (“Grantee”), real property in Anoka County, Minnesota, described as follows: Unit 1, Common Interest Community No. ___, a Condominium, The Heights, Anoka County, Minnesota. together with all hereditaments and appurtenances belonging thereto. This Deed conveys after-acquired title. Grantor warrants that Grantor has not done anything to encumber the property except as set forth on Exhibit A attached hereto and hereby made a part hereof. Consideration paid for this transfer was $3000 or less. Check here if all or part of the described real property is Registered (Torrens) 424 Item 13. Affix Deed Tax Stamps BPOZ Columbia Heights, LLC, a limited liability company By:_________________________________ Robert C. Lux Its: President STATE OF _____________ ) ) ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this ____ day of __________________, 20__, by Robert C. Lux, the President of BPOZ Columbia Heights, LLC, for and on behalf of the company. Notary Public DRAFTED BY: WINTHROP & WEINSTINE, P.A. Suite 3500 225 South Sixth Street Minneapolis, MN 55402 (612) 604-6400 Tax Statements for the real property described in this instrument to be sent to: City of Columbia Heights ______________________ ______________________ ______________________ 425 Item 13. EXHIBIT A Permitted Encumbrances [TO BE COMPLETED PER TERMS OF TRANSFER AGREEMENT] 20447979v1 15056.15 426 Item 13. G-1 EXHIBIT G FORM OF CIC DECLARATION 427 Item 13. (Above Space Reserved for Recording Data) COMMON INTEREST COMMUNITY NUMBER [_#_] A Condominium THE HEIGHTS DECLARATION 428 Item 13. 1 COMMON INTEREST COMMUNITY NUMBER [_#_] A Condominium THE HEIGHTS DECLARATION THIS DECLARATION FOR COMMON INTEREST COMMUNITY NUMBER [_#_], A Condominium, THE HEIGHTS, Anoka County, Minnesota, is made as of this ____ day of ___________________, 20__ by BPOZ COLUMBIA HEIGHTS, LLC, a Delaware limited liability company (the “Declarant”), pursuant to Minnesota Statutes, Chapter 515B, known as the “Minnesota Common Interest Ownership Act,” and laws amendatory thereof and supplemental thereto (the “Act”). RECITALS A.Declarant is the owner in fee simple of the real property situated in the City of Columbia Heights in Anoka County, Minnesota, legally described on Exhibit A attached hereto and incorporated herein by reference (the “Property”). B.Declarant has constructed a building and related structures, improvements and other permanent fixtures on the Property in fulfillment of an agreement with the City of Columbia Heights, a municipality under the laws of Minnesota (the “City”), whereby Declarant will sell to the City, and the City will purchase from Declarant, a portion of the Property for use as a city hall. C.Declarant intends to retain the remainder of the Property for use as multifamily rental apartments and for limited retail. D.To subdivide the building and preserve the value of the Property, Declarant desires to submit the same, along with all structures, improvements and other permanent fixtures now or hereafter constructed thereon, to the provisions of the Act, and to incorporate under the laws of the State of Minnesota “The Heights Owners Association” as a nonprofit corporation for the purpose of administering the Property. E.Declarant intends then to sell and convey to the City a condominium interest or estate in and to the Property, and any and all rights and privileges belonging to or in any way appertaining thereto. F.Declarant desires and intends that the Owners, Secured Parties, Occupants and other Persons (each as defined in Article 1) hereafter acquiring any interest in the Property shall at all times enjoy the rights, easements, privileges, and restrictions set forth in this Declaration, all of which are declared to be in furtherance of a plan to promote and protect the cooperative aspect of the condominium form of ownership of the Property and are established for the purposes of enhancing and perfecting the value, desirability and attractiveness of the same. NOW, THEREFORE, Declarant, as the sole owner of the Property, hereby subjects the Property as a condominium to both the Act and this Declaration under the name “Common 429 Item 13. 2 Interest Community No. [_#_],The Heights,” consisting of the Units referred to in Article 2 and related Common Elements, declares that this Declaration shall constitute covenants to run with the Property, and that the Property shall be owned, occupied and conveyed subject to the covenants, restrictions, easements, charges and liens set forth herein, all of which shall be binding upon all Persons owning, or acquiring any right, title or interest therein, and their heirs, personal representatives and assigns. ARTICLE 1. Definitions The terms and phrases used in this Declaration shall have the meanings ascribed to them in Section 515B.1-103 of the Act except as those meanings are modified or supplemented below. Applicable Laws. “Applicable Laws” means any and all applicable laws, statutes, ordinances, codes, regulations, rules, requirements, licenses or decisions of any governmental or quasi-governmental authority having jurisdiction over, and all judicial orders, judgments, decrees and injunctions, whether foreseen or unforeseen, ordinary or extraordinary, now or at any time hereafter applicable to the Property, the Association or this Condominium. Articles. “Articles” means the articles of incorporation of the Association on file with the Minnesota Secretary of State, as the same may be amended from time to time. Association. “Association” means the association of Unit Owners organized under Section 515B.3-101 of the Act in general and in particular “The Heights Owners Association,” a nonprofit corporation organized under Chapter 317A of Minnesota Statutes, as amended, of which each Owner shall by virtue of such ownership interest be a Member, and which has been established for the purpose of administering, managing, maintaining, operating, repairing, altering and improving the General Common Elements of the Property, and such other improvements as set forth herein, for the collective benefit of the Members. Board. “Board” means the board of directors of the Association. Building. “Building” means the structure contemplated to be built on the Property and containing the Units. Bylaws. “Bylaws” means the corporate bylaws of the Association, as amended from time to time. CIC Plat. “CIC Plat” means that certain common interest community plat of the Condominium meeting the requirements of Section 515B.2-1101 of the Act, including any amended common interest community plat recorded from time to time in accordance with the Act. Commercial Garage. “Commercial Garage” means that part of the Garage located on the westerly side of the street level of the Building and shown on the CIC Plat as a Commercial Limited Common Element. The Commercial Garage was designed to include twenty-eight (28) parking stalls, and related drive aisles. Commercial Limited Common Elements. “Commercial Limited Common Elements” means those Common Elements reserved by this Declaration, the CIC Plat or the Act 430 Item 13. 3 for the exclusive use of the Commercial Unit, and includes among them the following: the outdoor benches, the heated sidewalk outside the westerly entrance to the Commercial Unit, ground level crash barriers originally installed and any replacements thereof, signage serving or benefitting solely the Commercial Unit, the exterior façade (limestone) outside the Commercial Unit, the Commercial Garage, the ramp thereto, the westerly exterior Garage door and its frame, the entrance gate and all parking technology within and serving the Commercial Garage, the emergency generator for non-fire and life safety systems serving only the Commercial Unit, as well as those items described in Section 1.22 serving exclusively the Commercial Unit. Commercial Owner. “Commercial Owner” means the Owner, from time to time, of the Commercial Unit. Commercial Unit. “Commercial Unit” shall mean Unit 1, as depicted on the CIC Plat, which Unit will initially be owned and occupied by the City. Common Elements. “Common Elements” has the meaning ascribed to it in the Act, and includes all parts of the Property except the Units. The term includes within its scope both Limited Common Elements and General Common Elements. Common Expenses. “Common Expenses” means expenditures made or liabilities incurred by or on behalf of the Association together with any allocations for reserves, including the following: premiums for any and all insurance maintained by the Association, including any deductible or co-insurance amount not covered by such insurance; professional management fees for services rendered to the Association; common utilities that are not separately metered; legal and accounting fees; the cost of the fidelity bonds, if any, required by the Board; all costs for the maintenance, operation, alteration, improvement and replacement of the General Common Elements, and any other components of the Property or easements which the Association is obligated to maintain in whole or in part; electrical and heating costs for the Garage as set forth in Section 2.10; and any other expenses for the administration, operation and management of the Association and the Condominium as determined and assessed by the Board. Notwithstanding any provision to the contrary, during any period in which the Owner of the Commercial Unit is the City or a governmental or quasi-governmental entity affiliated with the City, the term “Common Expenses” expressly does not include any unpaid portion of any assessment against a Unit that is acquired pursuant to a mortgage foreclosure proceeding or a deed in lieu of foreclosure and not required to be paid by such acquirer and deficits remaining from any prior assessment period but such items shall be included in Common Expenses thereafter, if applicable. Condominium. “Condominium” means a common interest community, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the Owners of those portions. Specifically, as the term is used herein, it means and refers to Common Interest Community Number [_#_], a Condominium, The Heights, Anoka County, Minnesota, the Condominium established by this Declaration. Declarant. “Declarant” means BPOZ COLUMBIA HEIGHTS, LLC, a Delaware limited liability company, its successors or assigns; 431 Item 13. 4 Eligible Mortgagee. “Eligible Mortgagee” means the owner or owners of any First Mortgage on a Unit, and the successors or assigns of such Eligible Mortgagee or any Persons named as vendor or seller under any recorded contract for deed of a Unit and the successors or assigns of such vendor which holder, assignee, vendor, successor, or seller, as the case may be, has requested in writing that the Association notify it regarding any proposed action which requires approval by a specified number of Eligible Mortgagees. First Mortgage. “First Mortgage” means a recorded mortgage on a Unit which is first in priority upon foreclosure to all other mortgages that encumber such Unit. Garage. “Garage” means the garage located in the basement and surface levels of the Building and which is partially located within the Multifamily Unit and partially located within the Commercial Limited Common Elements. General Common Elements. “General Common Elements” mean the Common Elements other than Limited Common Elements. Without limiting the generality of this definition, the structure and shell of the Building (but not the facades), the pocket park, the sidewalks (other than the heated sidewalk outside the westerly entrance to the Commercial Unit), the exterior landscaping, exterior lighting, exterior signage (except as may be designated as Limited Common Elements), roads (including the turn-around space along Gould Avenue Northeast), the interior vertical Garage door between the Commercial Garage and the Multifamily Garage, the interior hallway located south of the Commercial Unit, the storm water drainage system and the land surrounding the Building (except those portions designated as Limited Common Elements), as well as the shared emergency generator and the shared fire and life safety system, are General Common Elements. Any chute, flue, duct, wire, pipe, conduit, bearing wall, bearing column, or other fixture or improvement serving all of the Units or the Common Elements is a part of the General Common Elements, notwithstanding anything contained herein or implied hereby to the contrary. Governing Documents. “Governing Documents” mean this Declaration, and the Articles and the Bylaws, as amended from time to time, all of which shall govern the use and operation of the Property. Hazardous Substances. “Hazardous Substances” means any toxic or hazardous substances or wastes, pollutants or contaminants (including asbestos, urea formaldehyde, the group or organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and various constituents of such products), as defined in any state, local or federal law, regulation, rule, policy or order relating to the protection of the environment. Limited Common Element. “Limited Common Element” means a portion of the Common Elements allocated by this Declaration, the CIC Plat or by operation of Section 515B.2-109(c) or (d) of the Act, for the exclusive use of one or more but fewer than all of the Units. Specifically, but without limiting the foregoing, any chute, flue, duct, wire, pipe, conduit, bearing wall, bearing column, vent, chimney, chases or any other fixture or improvement which serves one or more but fewer than all Units and lies wholly or partially outside of the Unit boundaries, is a Limited Common Element allocated solely to the Unit or Units served. All improvements such as shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, 432 Item 13. 5 decks, railings, retaining walls, and patios, constructed as part of the original construction to serve one or more but fewer than all Units, and authorized replacements and modifications thereof, if located outside the Unit boundaries, are Limited Common Elements allocated exclusively to the Unit or Units served. Security systems, variable refrigerant flow (VRF) systems, and rooftop heating, ventilation and air conditioning/air intake (HVAC) equipment, in each case serving one or more units but fewer than all Units and located wholly or partially outside of the benefitted Unit’s boundaries, are Limited Common Elements of the Unit or Units served, whether located in whole or in part on the Common Elements or within another Unit. For added clarity, the location of the VRF systems, and the HVAC equipment benefitting the Commercial Unit is depicted on [the CIC Plat and] Exhibit B attached hereto. Other significant Limited Common Elements include, among others, those items defined above as Commercial Limited Common Elements, and the Multifamily Limited Common Elements. Notwithstanding Section 515B.2-109 of the Act to the contrary, perimeter windows and window frames, doors and door frames (other than Garage doors and their frames) serving a single Unit are not Limited Common Elements hereunder but are each part of the Unit served. Member. “Member” means each Owner of a Unit. Where a Unit is being sold by the Owner to a contract vendee who is entitled to possession, the contract vendee shall be considered the Member if (i) the rights of the contract vendor hereunder are delegated to the vendee under such contract for deed; and (ii) the vendee shall furnish proof of such delegation to the Association. Membership shall be appurtenant to and may not be separated from ownership of the Unit. Multifamily Garage. “Multifamily Garage” means those parts of the Garage located in the basement level of the Building and the easterly side of the street level of the Building and included within the Multifamily Unit as shown on the CIC Plat. Multifamily Limited Common Elements. “Multifamily Limited Common Elements” means those Common Elements reserved by this Declaration, the CIC Plat or the Act for the exclusive use of the Multifamily Unit, and include among them signage serving the Multifamily Unit, the ramp to the easterly vehicular entrance to the Garage, the easterly exterior Garage door and its frame, the dog run and outdoor café patio, the exterior mixed-surface façade (brick, metal panel, fiber cement) outside the Multifamily Unit, as well as those items described in Section 1.222 serving exclusively the Multifamily Unit. Parking technology serving said easterly entrance to the Garage is part of the Multifamily Unit and not a Multifamily Limited Common Element. Multifamily Owner. “Multifamily Owner” means the Owner, from time to time, of the Multifamily Unit. Multifamily Unit. “Multifamily Unit” means Unit 2, as depicted on the CIC Plat. Occupant. “Occupant” means any person or persons, other than an Owner, in possession of a Unit or any portion thereof. Owner. “Owner” means Declarant, for so long as it owns a Unit, and each Person to whom ownership of a Unit is hereafter conveyed or transferred, but does not include a Secured 433 Item 13. 6 Party, other than a contract vendor’s interest (unless such interest is delegated to a contract vendee as provided in Section 1.23). Person. “Person” shall mean a natural individual, corporation, limited liability company, partnership, trustee or other legal entity capable of holding title to real property. Preventative Maintenance Plan. “Preventative Maintenance Plan” means the preventative maintenance plan, maintenance schedule and maintenance budget approved from time to time by the Board in accordance with Section 5.3 for maintenance of those Common Elements the Association is obligated to maintain. Prohibited Uses. Commercial uses which are not permitted by Applicable Laws, which produce noise pollution or odors generally considered offensive, which result in excessive noise, light, vibration or otherwise cause an unreasonable disturbance to the Property’s Occupants, which are reasonably likely lead to an increase in loitering or crime around the Property; or any use that would otherwise be generally considered incompatible with multifamily residential apartment uses, including, by way of example, a massage parlor, hot tub facility; a liquor store or other store the principal business of which is the sale of alcoholic beverages for consumption off premises; vehicle repair services; on-premises dry cleaners (but drop off facilities for dry cleaners is permitted); night club; pawn shop; game arcade; flea market; bowling alley; gun shop (including shops for the sale, lease, trade or other transfer of firearms); shooting range; funeral home; headshops; growth, production, sale or dispensary of marijuana other derivatives of marijuana or other edibles and products containing marijuana or other derivatives of marijuana; sale or distribution of other drugs or any drug-related paraphernalia or other “adult” oriented materials; any “adult use”; adult book/film store or other facility for the sale or distribution of pornographic or sexually explicit materials, or sex paraphernalia; drug or alcohol treatment facilities or clinics, adult motion picture arcade, adult motion picture show, strip show or sale of nudity or sexual services; any exhibition, either live or by other means, to any degree, of nude or partially clothed dancers or wait staff; escort service or dating bureau; a payday loan business (provided; however, a bank, credit union, savings and loan or similar financial instruction shall be permitted); bail bonds business; any use that emits noxious or unreasonably offensive odors (provided that this provision shall under absolutely no circumstances be construed to apply to odors normally associated with a restaurant); any use not permitted under the zoning laws in effect in the City of Columbia Heights governing the Property; any use that is illegal or otherwise violates any applicable law; industrial or manufacturing uses; gambling or lottery establishments; any use which produces environmental hazards regulated under applicable environmental laws (but excluding ordinary materials customarily used in operating a retail or commercial business in accordance with applicable environmental laws); any use which would constitute a health or safety hazard to Occupants of the Building, and which is not a typical or usual retail or commercial use for retail or commercial space in similar mixed-use developments; any use providing parole, juvenile detention or similar services; 24-hour establishments; tattoo parlors; outdoor storage of any kind; billboards or advertising signs erected on the land or Building exterior (other than business signage complying with the Rules, the Governing Documents and Applicable Laws); commercial bus station or other commercial transportation depot; For the avoidance of doubt, the parties acknowledge and agree that “massage parlor” shall mean and include any establishment which provides services solely related to massage or massage-related activities, but excluding a salon which provides hair, beauty and massage services or a fitness center that provides massage services; and that “gambling or 434 Item 13. 7 lottery establishments” shall mean and include any business that includes solely the sale of lottery tickets or the sale or operation of any pull-tab machines, or bingo or other games of chance. Nothing herein shall be deemed to prohibit use of the Property for governmental office purposes such as a city hall. Property. “Property” means that certain real property situated in the City of Columbia Heights, Anoka County, Minnesota, legally described on Exhibit A of this Declaration, together with the buildings, structures, and other permanent fixtures of whatsoever kind, from time to time thereon, and any and all rights and privileges belonging to or in any other way appertaining thereto. Purchaser. “Purchaser” means the holder of an interest in a Unit (i.e., whether in fee or as a contract for deed vendee), or the proposed purchaser of such an interest who holds a valid and binding purchase agreement for a Unit. Recording Officer. “Recording Officer” means the Registrar of Titles in and for Anoka County, Minnesota. Right of First Offer. “Right of First Offer” means the right, more fully described in Section 4.26, of the Multifamily Owner to purchase the Commercial Unit prior to the Commercial Owner’s offering the Commercial Unit to other unaffiliated third parties. Rules. “Rules” means the rules and regulations of the Association adopted by the Declarant prior to conveyance of the first Unit in the CIC, and as amended thereafter from time to time by the Board. Secured Party. “Secured Party” means the holder of a perfected interest in a Unit, created by contract or conveyance, which secures payment or performance of an obligation, including a vendor under a contract for deed, an Eligible Mortgagee, a Purchaser of a sheriff’s certificate of sale during the period of redemption, or the holder’s interest in a lien. Unit. “Unit” means a portion of the Condominium, designated hereby for separate ownership, the boundaries of which are delineated on the CIC Plat and described in Section 2.8 herein. The Units are identified herein and on the CIC Plat as “Unit 1” and “Unit 2” and are also referred to herein as the “Commercial Unit” and the “Multifamily Unit”, respectively. ARTICLE 2. Submission of Property to Act; Act Requirements Submission. Declarant hereby submits the Property to the provisions of the Act, and the Property shall be conveyed, encumbered, held, leased, occupied, rented and used subject to all conditions, covenants, limitations, obligations, restrictions and uses expressed in this Declaration and the Act. All such conditions, covenants, limitations, obligations, restrictions and uses are declared and agreed to be in furtherance of a plan for and be a burden and benefit to Declarant, its grantees, successors and assigns and any Persons acquiring or owning an interest in the Property, their grantees, successors and assigns. 435 Item 13. 8 Name; Common Interest Community Number; Type of Common Interest Community. The Property shall be a “Condominium” (as defined in the Act) and shall hereafter be known as “The Heights.” The Common Interest Community Number for the Property is [_#_]. Division of the Property into Separate Estates in Fee Simple Absolute. Declarant, in accordance with the Act and in order to establish a plan of condominium unit ownership, does hereby divide the Property into two (2) Units, in fee simple absolute, together with each Unit’s undivided interest in the Common Elements. Descriptions as to the boundaries of the Units and restrictions as to their use are hereinafter set forth. Creation of Additional Units by Subdivision or Conversion. Each Owner may, with the consent of the Board solely as to compliance with the Act and the Governing Documents, subdivide its Unit into no more than three (3) Units in accordance with the requirements and procedures set forth in Section 515B.2-112 of the Act; provided all Units resulting from a subdivision must have direct or easement access to the Common Elements and other easement areas benefitting a Unit, and allocate between them the interests, Common Expense liability and voting rights initially allocated to the original Unit. However, the Owner of a Unit may physically reconfigure, consolidate or divide the space within that Unit to accommodate different financing or rental agreements without prior approval of the Owners or the Board, as long as such reconfiguration, consolidation or division does not increase the number of rental apartments above the number of rental apartments approved by the City, materially affect use and enjoyment of parking rights by the Commercial Unit Owner, materially change the use of the space on the floor above the Commercial Unit or on the floor below the Multifamily Unit in a manner which has a negative acoustical effect on use of the other Unit, decrease the size or floor space of the Common Elements or otherwise adversely affect the Common Elements and so long as it otherwise complies with the Governing Documents and the Rules. All such changes shall be subject to the Act and other Applicable Laws. Association. The Association has been incorporated as a nonprofit corporation organized under Chapter 317A of Minnesota Statutes, as amended, to act as an association of Unit Owners under Section 515B.3-101 of the Act. All power and authority of the Association shall be vested in the Board unless action or approval by the Owners is specifically required by the Governing Documents. No Master Association. The Condominium is not subject to any master association, as that term is defined in the Act. Legal Description of Real Estate Included in the Common Interest Community. The legal description of the Property is as set forth in Exhibit A of this Declaration. The Units will be conveyed by use of the following legal description, or any other valid description allowed by law: UNIT NUMBER ____, THE HEIGHTS, A CONDOMINIUM, COMMON INTEREST COMMUNITY NUMBER [_#_], ANOKA COUNTY, MINNESOTA There are no appurtenant easements affecting the Property necessary for access to a public street or highway, nor are there any other appurtenant easements benefitting the Property. 436 Item 13. 9 Description of Boundaries of Units. The boundaries of each Unit are the interior, unfinished surfaces of the walls, floors and ceilings, the interior unfinished surfaces of the Garage doors and their frames, and the exterior unfinished surfaces of their other exterior perimeter doors, windows and doors and window and door frames. Any paneling, tiles, wallpaper, paint floor coverings, drop ceilings and any other finishing materials applied to the interior unfinished surfaces of the walls, floors and ceilings is a part of the Unit. The fence or barrier (other than the interior Garage door) separating the Commercial Garage and the Multifamily Garage is part of the Multifamily Unit but shall not be removed without the consent of the Commercial Owner and any replacement thereof shall be a functional equivalent to the existing fence or barrier. Certain Limited Common Elements, such as VRF systems, may exist within a Unit for the exclusive use of another Unit, as indicated herein, with reasonable access thereto provided by easements described in Article 3. CIC Plat. The CIC Plat, meeting the requirements of Section 515B.2-1101 of the Act, as amended, is incorporated herein by reference and made a part hereof. Allocation of Common Element Interests, Common Expense Liabilities and Votes to Units. Each Unit shall be allocated an undivided interest in the Common Elements, Common Expense liabilities and, subject to Section 2.10.1, voting rights. Said interests, liabilities and rights shall not be separated or conveyed separately, and any conveyance, encumbrance, judicial sale or other transfer of any allocated interest, liabilities or rights, separate from the title to that Unit, shall be void. The allocation of said interests, Common Expenses and voting rights is based upon the approximate percentage ratio that the gross square footage of all floors within that Unit bears to the total gross square footage of all floors within all Units in the Condominium, all as set forth in Exhibit C attached hereto, except that (i) the Common Expense liability allocated to a Unit shall be subject to Sections 6.4 and 7.8 herein and Sections 515B.2-108(d) and 515B.3-1151(e) of the Act, (ii) Common Expenses associated with maintenance of the chain link fence and interior vertical Garage door separating the Commercial Garage from the Multifamily Garage, and electrical and heating costs of the Garage (so long as the Commercial Garage is not separately metered for electrical and/or heating) shall be assessed 28/332nds to the Commercial Unit and 304/332nds to the Multifamily Unit, and (iii) the voting power allocated to a Unit shall be subject to Subsection 2.10.1 below: 2.10.1 Appointment of Directors. In lieu of elections, the members of the Board shall be appointed as follows: The Owner of the Commercial Unit shall appoint one (1) director to the Board. The Owner of the Multifamily Unit shall appoint two (2) directors to the Board. The appointment of directors is more specifically described in the Bylaws. Consistent with Section 1.15, by accepting a deed to a Unit, a transferee is deemed automatically to agree to allow the Declarant or an affiliate (as defined in the Act) of Declarant, while it owns a Unit, to occupy a majority of seats on the Board, and such transferee is deemed to agree to cast its vote accordingly. 2.10.2 Class Voting. In the event a Unit is subdivided into two (2) or more Units, the Units resulting from such subdivision shall elect as a class by majority vote the director (in the case of the subdivision of the Commercial Unit) or directors (in the case of the subdivision of the Multifamily Unit) which the underlying Unit was entitled to appoint to the Board, the weight of each such vote within the class being determined by the relative 437 Item 13. 10 gross square footage included within each Unit resulting from the subdivision vis a vis the total square footage within all of the Units resulting from the subdivision. Statement Pursuant to Section 515B.1-106 of the Act. The Condominium has not been created in violation of any zoning, subdivision, building, housing, environmental protection, heritage preservation, or other real estate use law, ordinance, regulation, rule or charter provision. Any conditions of any such law, ordinance, regulation, rule or charter provision have been complied with in the creation of the Condominium. The Condominium is not “conversion property” as that term is defined in the Act. Shore Land. The Condominium does not include “shore land”, as defined in Minnesota Statutes Section 103F.205. No Restraint on Alienation. Neither the Governing Documents nor the Rules impose a right of first refusal or other restraint on the free alienability of the Property or any portion thereof, other than pursuant to Section 4.26. However, nothing herein prevents an Owner from granting any other option, right of first refusal or other restriction on its Unit. ARTICLE 3. Easements Easements for Encroachments. If by reason of the construction, reconstruction, rehabilitation, alteration, improvement, settlement or shifting of any existing or future Building, any Common Element improvement encroaches upon any Unit, or any improvement constructed within any Unit encroaches upon the Common Elements or upon another Unit, or if by reason of the design or construction of utility systems and ventilation systems, any main, pipe, duct, or conduit serving more than one Unit encroaches or shall hereafter encroach upon any part of any Unit, valid easements for the use and maintenance of such encroachments, are hereby established and shall exist for the exclusive benefit of such Units and/or the Association, as the case may be, so long as the encroachment exists; provided, however, that (i) in no event shall a valid easement for any such encroachment be created in favor of any Unit or the Association if such encroachment is materially detrimental to or materially interferes with the reasonable use and enjoyment of the Condominium or any portion thereof by any Owner or Occupant and if it occurred due to the willful conduct of any Owner; and (ii) with respect to Regulated Improvements added pursuant to Article 4, no easement shall exist unless the proposed Regulated Improvements have been approved and constructed as required by the Declaration and the Board. Such easements shall not affect marketability of title. Easements for Certain Utilities and Other Purposes. Subject to Section 515B.3- 102(a)(9) of the Act, the Board acting on behalf of the Association may grant easements for public utilities, public rights-of-way or other public purposes, and cable television or other communication, through, over or under the Common Elements; and, subject to approval by vote of Owners, grant other easements, leases, and licenses through, over or under the Common Elements. Each Owner hereby grants to the Association an irrevocable power of attorney to execute, acknowledge, and record or file, for and in the name of each such Owner, such instruments as may be necessary to effectuate the foregoing. The Board shall approve a request to grant reasonable easements as specified in this Section 3.2 upon the request of the Commercial Owner, except for good cause. 438 Item 13. 11 Easements Through Walls Within Units and Upkeep of Condominium. Mutual, non-exclusive easements are hereby granted and declared within and through each Unit and the Common Elements for the benefit of each Unit and the Association to install, lay, maintain, repair, replace and utilize any wires, pipes, flues, ducts, conduits, public utility lines, or structural components running through or between the physical walls, floors and ceilings of the Units and the Common Elements. These easements are granted to the Association if such wires, pipes, flues, conduits, public utility lines, or structural components are part of the Common Elements. These easements are granted in favor of the Units and the Association if such wires, pipes, flues, ducts, conduits, public utility lines, or structural components are Limited Common Elements reserved for the exclusive use of such Units. Notwithstanding the foregoing, the easement rights granted under this paragraph shall be exercised so as not unreasonably to interfere with the use and quiet enjoyment of the Units by the Owners and Occupants, nor adversely affect the structural, acoustical or architectural integrity of the Units, or the Building, and access rights to install, maintain, repair and replace such facilities and components shall be exercised upon reasonable advance notice and at reasonable times, except in the event of an emergency, in which event notice shall be given as soon as practical. In addition, the Association shall have an easement over all of the Common Elements for the purpose of maintaining, repairing and replacing the improvements and landscaping in the Common Elements. The initial location of such wires, pipes, flues, conduits, public utility lines or structural components within the Common Elements shall not be changed without the prior written consent of the Owners, which consent shall not be unreasonably withheld. Nothing in this Article 3 shall be interpreted to limit or modify the access easements described in Section 515B.3-107 of the Act. General Access Easements. Each Unit shall be the beneficiary of a non-exclusive easement for access to a public roadway on or across the General Common Elements, as shown on the CIC Plat or designated by the Board. Easements for Maintenance. Mutual non-exclusive easements are hereby granted and declared within and through each Unit and the Common Elements for the benefit of each Unit and the Association as may be reasonably necessary for the purpose of discharging their respective obligations hereunder, and if reasonably necessary for the alteration, maintenance, repair, improvement or replacement of the other Unit or the Common Elements; provided, however, that the exercise of such rights through a Unit or Limited Common Elements shall be upon reasonable notice and at reasonable times, except in the event of an emergency, in which event no advance notice need be given (but notice shall be provided afterwards), and shall not interfere unreasonably with the use and occupancy of the burdened Unit, shall be exercised in such a way as to minimize any other adverse effects upon a burdened Unit, and be conducted in the minimum time practical under the circumstances. Easements in favor of Multifamily Unit. Without limiting the generality of Section 3.5, the Multifamily Unit shall be the beneficiary of a non-exclusive easement for reasonable access to and use of fire and life safety panels located within the Commercial Unit, if any, and a non-exclusive easement for reasonable access through the driveway which is located within the Commercial Garage by vehicles unable to exit the Garage through other exits due to size limitations. 439 Item 13. 12 Easements in favor of Commercial Unit. Without limited the generality of Section 3.5, the Commercial Unit shall be the beneficiary of a non-exclusive easement for use of the trash room for temporary storage of trash and recycling pending regular pick-ups, use of the maintenance rooms in the northeast corner on the first level of the Multifamily Unit, the VRF room in the mezzanine space above the Garage down ramp, and the MEP room in the southeast corner on the first floor of the Multifamily Unit to house mechanical equipment and supplies necessary or reasonable for the ongoing maintenance, operation and repair of the Commercial Unit and the Commercial Limited Common Elements, together, in each case, with reasonable access thereto over and across the street level of the Multifamily Garage. The Commercial Unit shall also be the beneficiary of a non-exclusive easement through the Multifamily Unit to access the Building roof and the HVAC equipment located thereon serving the Commercial Unit, as shown on [the CIC Plat] and Exhibit B. Use of such easements shall be subject to reasonable rules and regulations established by the Multifamily Owner, from time to time, upon reasonable notice to the Commercial Owner. Limitation on Access Via Multifamily Unit. Notwithstanding anything in this Article 3 granting easements in favor of the Commercial Unit through the Multifamily Unit, only specific Commercial Unit personnel pre-authorized by the Multifamily Owner, which authorization shall not be unreasonably withheld, or personnel accompanied by the management agent for the Multifamily Unit (except in the event of an emergency) may exercise such rights to enter the Multifamily Unit to access the roof, and shall do so in a manner designed to minimize interference with the use and enjoyment of the Multifamily Unit, its Owner and Occupants. Structural Support Easements. Each Unit shall be subject to, and the beneficiary of, a non-exclusive easement for structural support in all walls, columns, joists, girders and other structural components located in another Unit in the Building and contributing to the support of the Building. Emergency Access. The Common Elements shall be subject to an easement for access to each Unit by emergency vehicles and personnel, including fire, police and ambulance personnel. Sign Easements. The Association shall have the right to erect, use, maintain, repair and replace monument, directional or other signs on the exterior Building surfaces identifying the Condominium, its Owners or their tenants in such locations as the Board may reasonably allow, except that the Association shall not approve, erect, use, maintain, repair or replace signage serving or benefitting the a Unit which signage is located upon any portion of the façade allocated as a Limited Common Element of the other Unit without the written consent of the Owner of the Unit to which such façade is allocated. An easement to erect upon the exterior Building surfaces temporary signs offering the Units or any part thereof, for sale or lease, in each case, in locations reasonably determined by the Board, is hereby declared and granted for the benefit of each Unit, except that signage serving or benefitting one Unit shall not be located upon any portion of the façade allocated as a Limited Common Element to the other Unit. In addition, each Unit shall have the benefit of an easement to install permanent signage on the exterior surface of the Building in locations as set forth in the plans for this development approved by the City. Additional exterior signage may be approved by the Board from time to time except as may be limited by this Section 3.11. All signage must satisfy reasonable criteria established by the Board and comply 440 Item 13. 13 with all Applicable Laws, as well as Section 4.11 hereof. In exercising their rights under the easements, the easement holders shall take reasonable care to avoid damaging the improvements on the Property and shall repair in a good and workmanlike manner any damage caused by such actions. In addition, the Multifamily Unit shall have the right to window décor and exterior trade dress serving the retail space in the southwest corner of the first floor of the Building and the Commercial Unit shall have the right to window décor, exterior trade dress and interior monitors/screens providing public notices and other information, consistent with Applicable Laws, Section 4.17 and reasonable standards adopted by the Board. Temporary Construction Easements. Each Owner shall have a temporary easement for itself and its employees, agents, contractors and invitees over, through and across the Common Elements for the purpose of completing the initial interior improvements and installing permitted signage to that Owner’s Unit. In addition, if all of the Owners agree in writing to make certain improvements to the Common Elements, then a temporary easement through the Common Elements shall automatically be deemed to be granted to the Owners and their contractors as reasonably necessary to perform such improvements. This easement shall expire within twelve (12) months following issuance by the City of the final certificate of completion of the Building. The exercise of this easement shall be upon reasonable notice and without undue disruption to the use of the other Units by the Owner of the other Unit and shall be subject to the terms and conditions hereof. Easements to Run With Land. All easement rights and obligations created in this Article 3 are affirmative and negative easements, running with the land, perpetually in full force and effect and at all times shall inure to the benefit of, and be binding upon, all of the Owners, unless otherwise indicated, and their respective successors and assigns. Scope. The easements set forth in this Section shall supplement and not limit any easements described elsewhere in this Declaration or recorded and shall include reasonable access to the easement areas for purposes of maintenance, repair, replacement and reconstruction. Recorded Easements. The Property shall be subject to and benefited by such other easements as may have been recorded against it or otherwise shown on the CIC Plat. Any recorded easement benefiting or burdening the Property shall be construed in a manner consistent with, and not in conflict with, the easements created by this Declaration. Any obligations under such easements shall, unless otherwise determined by the Board, be obligations of the Association. Easement Restriction. Use of any easement through the Commercial Unit pursuant to this Article 3, while the Commercial Unit is owned by the City or an affiliated entity, shall be utilized with an understanding that the City may maintain records which may or may not be public in nature. Any party using an easement through the Commercial Unit while the Commercial Unit is owned by the City shall use such easement in a reasonable manner in a way which is protective of the City’s obligations to protect public and nonpublic information, records or other data which may be held in the Commercial Unit and shall comply with any reasonable request by the City regarding the same. 441 Item 13. 14 ARTICLE 4. Restrictions, Conditions and Covenants Membership in Association. Each Owner shall, by virtue of such ownership interest, be a Member of the Association and shall remain a Member of the Association until such time as the ownership interest in the Unit ceases for any reason, at which time the Owner’s membership in the Association shall automatically cease and the successor Owner shall become a Member. When more than one Person holds an ownership interest in a Unit, all such Persons shall be Members, but the voting power allocated to each Unit may not be divided among that Unit’s Owners. Compliance with Declaration, Bylaws and Rules. Each Owner and all Occupants of a Unit shall comply with all of the provisions of this Declaration, the Bylaws, such Rules as may be promulgated from time to time by the Association and decisions of the Association made pursuant to the authority granted to the Association in the foregoing documents, and failure to comply with the same shall be grounds for an action to recover actual out-of-pocket damages or for injunctive relief. Administration of Condominium. The administration of the Condominium shall be by the Board in accordance with the provisions of this Declaration and the Bylaws. Purposes for Which Units are Restricted as to Use. The Commercial Unit may be used for commercial, retail and/or office purposes, including parking rights in any Commercial Limited Common Element. The Multifamily Unit may be used only as (i) a multifamily rental apartment complex containing approximately two hundred sixty-six (266) individual apartment dwellings and related amenities, none of which may constitute a separate unit under the Act, (ii) approximately 4000 square feet of commercial, retail or office space, (iii) a leasing and management office for the Multifamily Unit, (iv) a Garage for the parking of motor vehicles by Occupants of the Building, as determined by the Multifamily Owner. In addition, the Multifamily Owner may unilaterally permit home occupations within the Multifamily Unit incidental to the residential use of the apartment dwellings therein (such as a home office or studio and such other uses customarily considered accessory to a dwelling and allowed under Applicable Laws) at that Owner’s discretion except: (i) such use shall be in compliance with all Applicable Laws; and (ii) such use shall not involve any observable business activities, such as signs, advertising, displays, frequent deliveries, or disturbing pedestrian or vehicular traffic to and from the apartment dwelling by customers, vendors, or employees. Any use of a Unit for purposes other than the uses permitted in this Declaration shall be subject to the approval of the Owner of the other Unit, which approval may be withheld in the sole discretion of the Owner of the other Unit. This Declaration may not be amended to prohibit the foregoing uses without the written consent of the Owner(s) of the Unit(s) affected. Notwithstanding anything to the contrary contained in this Section 4.4, no Unit may be used for Prohibited Uses. Restriction on Renting or Leasing of Units. Leasing or licensing of Units, or portions thereof (including parking stalls) by the Owner of such Unit, shall be allowed, subject to reasonable regulation by the Association, and provided that (i) all leases must be in writing, (ii) all leases must provide that they are subject to this Declaration, the Rules, and the Act, and that any failure of the lessee to comply with the terms of such documents shall be a default under the lease, and (iii) all commercial leases must incorporate the requirements of Section 5.5. 442 Item 13. 15 Impairment of Structural Integrity of Unit or Building. Nothing shall be done, placed, installed, or erected in any Unit or in, upon or to the Common Elements which would impair the structural or mechanical integrity, the weather tight soundness, or safety of any part of the Building, any Building system or equipment or any improvement on the Property, except as is otherwise provided herein. Improvements. No modifications, improvements, repairs or replacements of any type, temporary or permanent, structural, aesthetic or otherwise, in any part of the Common Elements, or in any part of a Unit that is visible from the exterior of the Unit, or that affects the Common Elements or another Unit, including Building utilities, access, acoustical and weight- bearing integrity and support (collectively referred to as “Regulated Improvements”) shall be made, or caused or allowed to be made, by any Owner or Occupant, or their invitees, without the prior written authorization of the Board (which authorization shall not be unreasonably withheld), and in compliance with the requirements of this Article 4 and any reasonable Rules promulgated by the Board, except as is authorized by Section 4.17. The purpose of the requirements established by the Board shall be (i) to preserve the architectural style, the quality and the value of the Property; and (ii) to protect the Association and the Owners from undue liability arising out of the Regulated Improvements or any construction activity in connection therewith. Notwithstanding the foregoing, it is understood that the Owners will make alterations and improvements within their respective Units from time to time, modifications and alterations that do not affect the Common Elements or another Unit and which are not visible from the exterior of a Unit shall not be subject to Board review and approval. Improvement Procedures. The Board shall have authority to establish reasonable procedures for applying for authorization for Regulated Improvements, and reasonable Rules governing Regulated Improvements, and shall be the sole judge of whether the criteria are satisfied, subject to any restrictions imposed by any Applicable Laws. The Board shall apply consistent procedures and Rules which apply generally to all Units on their face and in effect. Appurtenant Easements. Approval of Regulated Improvements which encroach upon another Unit or the Common Elements shall create an appurtenant easement for such encroachment in favor of the Unit with respect to which the Regulated Improvements are approved, notwithstanding any contrary requirement in the Governing Documents or the Act. Any encroachment of a Regulated Improvement upon another Unit shall not be approved without the prior written consent of the Owner of the Unit subject to the encroachment. A file of the Board resolutions approving all Regulated Improvements shall be maintained permanently as a part of the Association’s records. Wiring or Penetrations. No exterior wiring, including DSL lines, cable television transmission lines or cables for satellite television systems, nor antennae or satellite dishes, may penetrate the walls, window frames or roofs of the exterior of the Building, or be installed upon the exterior of the Building, except as authorized by the Board (which authorization shall comply with all Applicable Laws) or as part of the construction of the initial improvements. Signs. Signs or other displays of any type visible from the exterior of a Unit may be erected (i) only at locations as originally constructed in accordance with the plans for the development approved by the City or as subsequently established by the Board, and (ii) in 443 Item 13. 16 compliance with Applicable Laws and design standards established for the Property by the Board, except for signs installed in compliance with the plans for the development approved by the City shall not be subject to Board review. Signs, including lighting on and noise from said signs, shall not materially interfere with the reasonable use and occupancy of the Units. An Owner may erect and post signs within its Unit if reasonably intended not to be visible from the exterior of the Unit, and the Board shall not unreasonably withhold its approval of other signs within a Unit or a Unit’s Limited Common Elements necessary to direct traffic, identify spaces and facilitate other internal operations of the Building. For the avoidance of doubt, window décor, exterior trade dress and monitors/screens providing public notices and other information do not require Board approval. Exterior Lighting and Security. The location, size, color and design of all lighting fixtures or similar equipment used or shown outside of or on the exterior of the Building must be (i) in compliance with local lighting requirements, (ii) consistent with the design standards, if any, established for the Property approved by the Board, pursuant to Section 4.6. Exterior illumination (including exterior monitors and screens) shall be directed away from the windows of the Multifamily Unit to the extent practicable, and shall not blink, vibrate or otherwise move. Monitors and screens located within the Commercial Unit which are intended to be directed outward toward the windows of the Commercial Unit to provide public notices are specifically permitted. Hazardous Materials. No Owner or Occupant shall generate, treat, store, transfer, release, dispose of other otherwise place, deposit or locate, nor allow to be generated, treated stored, transferred released, disposed of or otherwise placed, deposited or located, on the Property any Hazardous Substances, nor undertake any activity on the Property that would cause or contribute to its becoming a treatment, storage or disposal facility within the meaning of, or otherwise bring the Property within the ambit of, any state, local or federal law, regulation, rule, policy or order relating to the protection of the environment. Notwithstanding the foregoing, Owners and Occupants may utilize Hazardous Substances on the Property in small quantities for ordinary household, office or retail purposes if handled, used and disposed of in accordance with all Applicable Laws. An Owner or Occupant who violates this Section 4.13, or knowingly permits a violation, shall indemnify the Association and the other Owners against any and all costs, damages and liability arising therefrom. Quiet Enjoyment; Interference Prohibited. All Owners and Occupants shall have a right of quiet enjoyment in their respective Units, subject to the usual and customary sights, sounds, odors and activities commonly associated with the operation of businesses such as those located on the Property from time to time. Subject to the foregoing, the Property shall be owned, occupied and used in such a manner as will not cause a nuisance, nor unduly restrict, interfere with or impede the use of the Building and/or quiet enjoyment of the Property by its respective Owners, Occupants and their invitees. Rubbish. Garbage, trash and recyclable materials shall be disposed of in the containers designated for such purpose in the trash room on the street level of the Multifamily Unit. Each Unit Owner shall maintain its own trash containers and separately contract for trash removal. The Common Elements, the Garage and other easement areas utilized by Owners and Occupants, their guests and invitees, shall otherwise be kept free and clear of rubbish, debris and other unsightly materials. 444 Item 13. 17 Mechanical and Maintenance Rooms. The shared mechanical rooms, though within the Multifamily Unit, are designed to be used by both Units and the Association, for the installation, operation, maintenance, repair and replacement of equipment for heating, plumbing, air conditioning, communications, venting, utilities and such other uses reasonably compatible therewith. The maintenance room on the first floor of the Multifamily Unit is designed to be used for storage and to facilitate the maintenance and repair of both Units and the Common Elements as necessary to keep the Building in good operating condition. Exterior Exposure of Building. No Owner or Occupant shall cause or permit anything to be hung, displayed, or placed in windows (with the exception of draperies, blinds, shades and natural plants in any Unit; window décor, exterior trade dress, sales displays of or related to inventory, products and services in the Commercial Unit and the commercial portion on the first level of the Multifamily Unit; and in the Commercial Unit while owned by the City or another governmental or quasi-governmental entity affiliated with the City, monitors/screens providing public notices and other information and other similar items which may be standardly used by cities to provide information to the public), or on the outside walls or roof of the Building (except authorized signage), without the prior written consent of the Board. Construction Standards; Indemnity. An Owner who causes an improvement to be made, wherever located, regardless of whether the improvement is approved by the Board, shall do so in a good and workmanlike manner and shall be solely responsible for the construction standards and specifications relating to the improvement, and for the construction work. The Owner, and not the Association, is responsible for determining whether any improvement is in compliance with Applicable Laws and any other requirements imposed by any governmental authority having jurisdiction over the Property. The applicable Owner shall hold harmless, indemnify and defend the Association and all other Members, and their respective officers and directors and partners, from and against any expenses, claims, damages, losses or other liabilities, including attorneys’ fees and costs of litigation arising out of (i) any improvement which violates any Applicable Laws; (ii) the inadequacy of the specifications for construction of the improvements; (iii) defects in the construction of the improvements; or (iv) any improvements which negatively and materially affect the use of any other Unit or the Common Elements. Indemnification for Unit or Common Element Alterations. The Board shall require that an Owner intending to make alterations to the Common Elements, or alterations to the Owner’s Unit that may affect the Common Elements or another Unit, furnish to the Association, prior to approval by the Board, adequate assurances that such Owner will indemnify, defend and hold harmless the Board, Association and other Owners from mechanics’ liens or other claims arising from improvements to, or alterations or modifications of the Units or Common Elements. The Board shall require that an Owner provide a deposit, performance bond or other assurance that any removed or altered Common Element will be repaired and restored as required by the Board. The Board shall have the right to complete, pay for and assess the Unit and the Owner for any alterations commenced but not completed. after reasonable notice and a reasonable time to cure based upon the nature of the alterations has been provided to the Owner that commenced the alterations. Notwithstanding any provision to the contrary in this Section 4.19, while the City or a governmental or quasi-governmental entity affiliated with the City is the Commercial Owner, the City shall not be required to provide indemnification which exceeds any statutory liability applicable to cities and the amount of the deposit, performance bond or other assurances required 445 Item 13. 18 must share a nexus to the nature of the alterations to be made and shall not exceed one and one- half times the estimated amount of the alteration. Pets. The policy of the Condominium with respect to pets shall be as from time to time established in the Rules of the Association. Notwithstanding the foregoing, the Rules may not prohibit the keeping of a qualified service dog or similar animal by a person who is handicapped within the meaning of the Fair Housing Amendments Act of 1988 or comparable state law. The Owner of each Unit may impose its own more restrictive rules governing the keeping of pets within its Unit, provided such rules do not conflict with the Rules of the Association. Animals and pets may not be kept, bred or maintained for any commercial purposes. No animals and pets shall be kenneled outside the Units or in the Garage. No fence enclosure or doghouse, other than as may apply to any dog run, shall be constructed to kennel dogs outside the Units or in the Garage. Rules. In addition to the foregoing restrictions, conditions and covenants concerning the use of the Condominium, reasonable Rules that do not conflict with and are supplementary to this Declaration may be promulgated and amended from time to time by the Board. Copies of such Rules and amendments thereto shall be furnished by the Association to each Owner. Each Owner of a Unit may establish additional restrictions as to the use, occupancy and alienation of its Unit consistent with the Governing Documents and the Rules. Notwithstanding any provision to the contrary, during the time the Commercial Unit is owned by the City or governmental entity or quasi-governmental entity affiliated with the City, no Rule shall be adopted or enforced without the written consent of the Commercial Unit Owner which materially affects the Commercial Owner or Commercial Unit or impairs the ability of the Commercial Owner to operate the Commercial Unit as a city hall. All Rules shall be of general applicability to all Units, both as drafted and in effect. Restrictions, Conditions and Covenants to Run With Land. Each Owner, and any party acquiring an interest in the Condominium from such Owner hereafter, accepts such deed or such interest, as the case may be, subject to all restrictions, conditions, covenants, reservations, liens and charges, and the jurisdiction, rights and powers created or reserved by this Declaration, and all rights, benefits and privileges of every character hereby granted, created, reserved or declared, and all impositions and obligations hereby imposed shall be deemed and taken to be covenants running with the land, and shall bind any Person having, at any time, any interest or estate in the land, and shall inure to the benefit of the Owner in like manner as though the provisions of this Declaration were recited and stipulated at length in each and every deed or other conveyance. Non-Waiver of Covenants. No covenants, restrictions, conditions, obligations or provisions contained in this Declaration shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur. Termination. Except in the case of a taking of all the Units by eminent domain, any decision to terminate the Condominium shall require the approval of the Owners of Units to which one-hundred percent (100%) of the votes are allocated, and shall otherwise follow the procedures set forth in Section 10.2 hereof and in Section 515B.2-119 of the Act. 446 Item 13. 19 Time Shares Prohibited. The time share form of ownership, or any comparable form of lease, occupancy rights or ownership which has the effect of dividing the ownership or occupancy of a Unit into separate time periods is prohibited. Right of First Offer. The Commercial Unit shall not be sold or marketed/listed for sale to anyone other than a governmental or quasi-governmental entity affiliated with the City, except as provided in this Section. 4.26.1 If at any time the Commercial Owner, in its sole discretion, decides in good faith that it is interested in selling the Commercial Unit to anyone other than a governmental or quasi-governmental entity affiliated with the City, the Commercial Owner shall first notify the Multifamily Owner in writing of said intent (the “First Offer Notice”). The Multifamily Owner shall have the exclusive right, for thirty (30) days after its receipt of the First Offer Notice to present to the Commercial Owner, a purchase offer, on terms commercially reasonable and customary under the circumstances, to purchase the Commercial Unit at its then fair market value (the “Purchase Offer”). 4.26.2 For a period of sixty (60) days thereafter, the Multifamily Owner and the Commercial Owner shall negotiate exclusively with each other, in good faith, the terms of a purchase agreement including the fair market value for the purchase price, to allow the parties to execute a purchase agreement for the sale and purchase of the Commercial Unit. Unless determined by mutual agreement, the fair market value shall be determined by a licensed appraiser mutually acceptable to both the Multifamily Owner and the Commercial Owner, the fees and costs of such appraiser to be shared equally by the parties. In the event the parties are unable to agree upon an appraiser within ten (10) days of delivery of the Purchase Offer, the Multifamily Owner and the Commercial Owner shall each, at its sole cost and expense, hire an appraiser to perform an appraisal of the Commercial Unit. If the difference between the two (2) appraisals is within ten percent (10%) of the higher of the two appraisals, the fair market value shall be the average of the two (2) appraisals. If the difference between the two appraisals is greater than ten percent (10%), then the two (2) appraisers shall jointly select a third (3rd) appraiser to perform an appraisal, the fees and costs of which shall be shared equally by the parties, and the mean of the three (3) appraised values shall be the purchase price. Any appraiser selected pursuant to this Section 4.26.2 shall be an independent MAI appraiser in business for at least five (5) years and with experience in valuing commercial condominiums in the greater Minneapolis/Saint Paul metropolitan area. The sixty (60)-day negotiation period shall be extended if and as reasonably necessary to accommodate the appraisal requirements set forth herein. 4.26.3 If the Multifamily Owner is willing and able to pay the purchase price established in accordance with Section 4.26.2 above, the Commercial Owner either (i) shall accept the Purchase Offer as evidenced by an executed purchase agreement signed by both parties, and the parties shall proceed pursuant to its terms; or (ii) the Commercial Owner shall decline the Purchase Offer, this Right of First Refusal shall continue in full force and effect and before conveying the Commercial Unit to a third party the Commercial Owner must again provide the Multifamily Owner with a new First Offer Notice and comply with the provisions of this Section 4.26. 447 Item 13. 20 4.26.4 In the event either (i) Multifamily Owner declines or fails to timely submit a written Purchase Offer to Commercial Owner as described at 4.26.1 above, (ii) the parties agree in writing to voluntarily cancel the terms of the purchase agreement entered hereunder, or (iii) the Multifamily Owner declines to enter into a purchase agreement at the price established under Section 4.26.2, the Commercial Owner may market and sell the Commercial Unit to third parties free and clear of any further obligation to Multifamily Owner with respect to this Right of First Offer for a period eighteen (18) months after: - delivery of a written declination, or expiration of the time provided in which, to submit a Purchase Offer (in the case of (i) above), - the date of a written voluntary cancellation of the purchase agreement executed by both parties (in the case of (ii) above), or - delivery of a written declination or expiration of the time provided above to enter into a purchase agreement (in the case of (iii) above). Thereafter, this Right of First Offer shall be deemed reinstated and the Commercial Owner must, after expiration of said eighteen (18)-month period, provide the Multifamily Owner with a new First Offer Notice and again comply with the provisions of this Section 4.26 before conveying the Commercial Unit to a third party. Notwithstanding the foregoing, if the Multifamily Owner breaches any purchase agreement entered into hereunder by failing to close on the acquisition and such purchase agreement is cancelled pursuant to statute or court order, then the Commercial Owner may market the Commercial Unit to third parties free and clear of any further obligation to the Multifamily Owner with respect to this Right of First Offer. 4.26.5 This Section 4.26 shall terminate and be of no further force or effect with respect to such identified Right of First Offer upon the later of (i) the tenth (10th) anniversary of the recording of this Declaration with the Anoka County Registrar of Titles, or (ii) the transfer of title to the Multifamily Unit to an entity neither owned nor controlled by BPOZ Columbia Heights, LLC, its members or officers, but in no event later than the fifteenth (15) anniversary of the recording of this Declaration. 4.26.6 In the event the Commercial Unit is sold to a third party in compliance with the terms hereof, the Multifamily Owner shall, upon request of the Commercial Owner, confirm the same in writing as may be necessary or beneficial to clear title of the Multifamily Owner’s rights under this Section 4.26 with respect to such identified Right of First Offer. A “sale” hereunder shall mean the execution of a binding purchase agreement by all parties thereto, subject only to customary contingencies. 4.26.7 Any sale of the Commercial Unit to a third party in violation of the foregoing shall entitle the Multifamily to all available remedies at law or in equity. 4.26.8 In the event of a subdivision of the Commercial Unit into two (2) or more Units, this Right of First Offer shall apply equally to each Unit resulting from such subdivision. 448 Item 13. 21 4.26.9 In the event Multifamily Owner, or an affiliate of Multifamily Owner owned or controlled by Multifamily Owner, acquires title to the Commercial Unit, the restrictions on the use of the Commercial Unit in this Article 4 shall automatically terminate, whereupon (a) the Commercial Unit may thereafter be used for any purposes allowed by Applicable Laws and Ordinances, except that it may not be put to residential use, as defined by the Act, and (b) this Right of First Offer shall terminate and be of no further effect. 4.26.10 In the event Multifamily Owner, or an affiliate of Multifamily Owner owned or controlled by Multifamily Owner, acquires title to the Commercial Unit, the restrictions on the use of the Commercial Unit in this Article 4 shall automatically terminate, whereupon (a) the Commercial Unit may thereafter be used for any purposes allowed by Applicable Laws, except that it may not be put to residential use, as defined by the Act, and (b) this Right of First Offer shall terminate and be of no further effect. ARTICLE 5. Management, Maintenance, Repairs, Alterations and Improvements Common Elements, Certain Limited Common Elements. Except to the extent otherwise provided in Section 515B.3-113 of the Act, the Association shall be responsible for the maintenance, repair, decoration, alteration, improvements, restoration and replacement of the General Common Elements, as well as periodic window washing. All other Limited Common Elements shall be the responsibility of the Owner of the Unit to which they are allocated unless responsibility for them is expressly assumed by the Association. The Association shall carry out such responsibilities, including the repair of any damage to the Property for which the Association is responsible, ensuring that such Property is repaired and restored to as good a condition or to a better condition as they were in immediately prior to such damage. Each Owner shall be responsible for ordinary maintenance, repair and replacement of the Limited Common Elements allocated to it herein, by the CIC Plat or by the Act, unless otherwise provided above or expressly assumed by the Association. For clarification, but without limiting the generality of the foregoing, the maintenance allocations attached hereto as Exhibit D outlines respective maintenance obligations of the Association and each Owner, but is not intended to be an exhaustive list. The Association may, in its discretion, elect to assume the obligation for maintenance, in whole or in part, of any Limited Common Elements allocated to an Owner’s Unit and charge the costs thereof as a limited assessment in accordance with Section 6.4. Management Agent. The Association may elect to delegate its duties hereunder to a managing agent and may enter into a management contract for such purpose. Preventative Maintenance Plan. The Board shall prepare, approve and abide by a written Preventative Maintenance Plan for the Common Elements for which it is responsible, based on the best available information listing all building elements to which the Preventative Maintenance Plan will apply and generally accepted standards of maintenance, and which shall be updated and amended from time to time. A copy of the Preventative Maintenance Plan shall be provided to all Owners in accordance with Section 515B.3-107(b) of the Act. 449 Item 13. 22 Units, Limited Common Elements. Except to the extent otherwise provided in this Declaration, and in Section 515B.3-113 of the Act, or by express assumption by the Association or by private agreement between the Owners, each Owner is responsible for the maintenance, repair, alteration, improvement and replacement of that Owner’s Unit and the Limited Common Elements allocated to it, including any fixtures and equipment of that Owner, wherever located. Members shall perform their responsibilities in such manner as not to unreasonably disturb other Owners or Occupants; shall not impair any easement; shall comply with the Rules, Bylaws and Declaration; shall promptly report to the Association any defect or need for repairs to the General Common Elements; shall keep and maintain the Limited Common Elements and any easement areas for which it is responsible in a clean and good condition and repair; and shall not do anything that will or might jeopardize or impair the safety and/or soundness of any of the improvements or equipment, without the prior written consent of the Board, which consent may be withheld for any reason. If any Owner fails to perform appropriate maintenance, then the Association will have the right to enter upon such Unit, or the Limited Common Elements, to perform such maintenance, and the cost thereof will be charged to the Owner; provided that reasonable notice and an opportunity to cure the violation shall first be given to the Owner (except in an emergency involving actual or imminent threat of danger to human health or safety or damage to or contamination of property). Damage. If damage is inflicted on the Common Elements, or any Unit, by an Owner or Occupant, or its invitees, or by any condition in the Unit or its Limited Common Elements which the Owner or Occupant has caused or allowed to exist, the Owner is liable at its expense for the prompt repair thereof except as provided in Section 7.10. In addition, if any Owner enters into an easement, lease or use agreement permitting a third party to use any portion of that Owner’s Unit or the Limited Common Elements allocated to such Unit (but not including any agreement with individual residents of the Multifamily Unit), such agreement will be deemed to include a provision whereby the third party agrees to indemnify, defend and hold harmless all the other Owners, the Association, and its members, officers, directors, and agents from and against any claim, loss or expense arising out of injury, death or property loss or damage caused by the third party, or any of its agents, employees, guests or invitees. Owner Obligated to Pay. If an Owner or Occupant performs any construction, alteration, modification, remodeling, or renovation on or to any portion of the Common Elements (whether or not authorized), or on or to any Unit that affects the Common Elements, the Owner or Owners so involved shall promptly pay for all material, equipment, and labor used in any such construction, alteration, modification, remodeling, renovation, or other activity. If a mechanic’s lien is filed in connection with such work, whether or not such work was approved by the Association, the Owner or Occupant performing such work on or to the Common Elements shall satisfy such mechanic’s lien within thirty (30) days of the date the mechanic’s lien was filed; provided, however, that if any such Owner or Occupant chooses to contest the validity of such mechanic’s lien, the Association may require such Owner or Occupant to post a bond in favor of the Association, or deposit funds with the Association, such bond or funds to be equal to one hundred twenty-five percent (125%) of the amount claimed by the holder of the mechanic’s lien, which bond or funds shall indemnify the Association and other non-involved Owners and Occupants against such mechanic’s lien. Nothing contained herein shall be deemed to permit an Owner or Occupant to perform any construction, alteration, modification, remodeling or 450 Item 13. 23 renovation of the Common Elements, including the Limited Common Elements without the prior approval by the Association. ARTICLE 6. Assessments and Liens for Assessments Assessments against the Units shall be levied by a majority vote of the Board and paid by the Owners to the Association in accordance with the following provisions: Obligation for Assessments. Each Owner of a Unit, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, or in the case of Declarant, by execution of this Declaration, is deemed to covenant and agree to pay to the Association: (i) annual assessments or charges; and (ii) special assessments, such assessments to be established, levied and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorneys’ fees, shall be a charge on the land and shall be a continuing lien upon the Unit against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorneys’ fees, shall also become the personal obligation of the Owner at the time the assessment becomes due. The personal obligation for delinquent assessments shall not pass to the successors in title to an Owner’s Unit, unless expressly assumed by them. However, any sale or transfer pursuant to foreclosure or deed-in-lieu of foreclosure shall not relieve the Purchaser or transferee of a Unit of the Unit itself from liability for the lien of any assessment made thereafter. Upon request of an Owner, the Association shall issue a certificate to such person(s) as the Owner may designate stating the status of the current and delinquent assessments assessed against that Owner’s Unit. The Person for whose benefit such certificate is made shall be entitled to rely conclusively on such certificate and such certificate shall limit such Person’s personal liability and the liability of the Unit for any other prior assessments. Except as provided by Sections 6.4 and 7.8 below, assessments shall be allocated among the Units based on the percentages set forth on Exhibit C attached hereto. The failure or delay of the Board to send to each Member prior written notice of the assessment due for the following year shall not constitute a waiver or release in any manner of the Member’s obligation to pay the assessment whenever it shall be determined, and in the absence of any notice each Member shall continue to pay the annual assessment at the then existing rate until such Member has receipt of the assessment notice reflecting the new amount. Annual Assessment. The annual assessment shall be established by the Board in accordance with the provisions of this Article 6 and the Act. Special Assessments. In addition to the annual assessments levied as provided in this Article 6, upon approval of all members of the Board, the Board may, in its discretion, levy special assessments against all of the Units, or fewer than all of the Units to the extent allowed by Section 515B.3-1151 of the Act, at such other and additional times as, in the Board’s judgment, are required for the proper management, maintenance, repair and operation of the Condominium, to defray in whole or in part the cost of, among other things, (i) to cover expenditures of an emergency nature, (ii) to cover unbudgeted capital expenditures, or (iii) to replace any components of the CIC. 451 Item 13. 24 Limited Assessment Allocation. Both annual and special assessments shall be assessed among the Units based on the percentages set forth on Exhibit C attached hereto and may be collected in installments as set forth in Section 6.8, except as follows: 6.4.1 Any Common Expense benefiting one or more but fewer than all of the Units may be assessed solely against the benefited Unit(s), as provided in Section 515B.3- 1151(e)(2) of the Act, subject to any use of this provision being fair and equitable and which is applied consistently to all Owners and Units and is neutral on its face and in effect. 6.4.2 Subject to Section 6.4.3, a Common Expense associated with the maintenance, operation, repair or replacement of a Limited Common Element, if any, shall, to the extent reasonably discernable, be assessed against the Unit or Units to which that Limited Common Element was assigned at the time the expense was incurred as provided in Section 515B.3-1151(e)(1) of the Act. 6.4.3 Unless covered by insurance maintained by the Association, expenses arising directly from an Owner’s or Occupant’s acts or omissions, or from its invitees shall be assessed against that Owner’s Unit and be immediately due in full from the Owner directly or indirectly at fault. 6.4.4 The cost of common utilities not separately metered may be assessed in proportion to usage. 6.4.5 The costs of insurance may be assessed in proportion to risk or coverage, with such allocation to be reasonably determined by the Board. Lien for Unpaid Assessments, Interest and Late Fees. All assessments, both annual and special, shall become a lien upon a Unit on the date the assessment or the installment of an assessment becomes due, or if the assessment is not payable in installments, then on the date the Board determines the assessment is due and payable. The lien for all unpaid assessments shall include interest, charges, fines, late charges, costs, receiver’s fees, collection fees, filing fees, reasonable attorneys’ fees and late fees. Priority of Lien; Purchaser at Foreclosure Sale Not Liable for Certain Unpaid Assessments; Association Responsible for Certain Unpaid Assessments. The lien for assessments, as against all other liens and encumbrances, shall be determined pursuant to Section 515B.3-116 of the Act. This provision does not affect the priority of mechanics’ or materialmen’s liens. Preparation of Proposed Budget and Levying of Assessment. Each year, at least thirty (30) days prior to the beginning of the Association’s fiscal year, the Board shall estimate the total amount necessary to pay the Common Expenses during the next fiscal year including any amounts the Board, in its reasonable discretion, determines desirable to hold in reserve for future replacement of components the Association is obligated to maintain, as well as alterations and improvements thereto, and for emergencies. The Association shall keep replacement reserves, if any, in an account or accounts separate from the Association’s operating funds and other reserves, and shall not use or borrow from the replacement reserves to fund the Association’s operating expenses, provided that this restriction shall not affect the Association’s authority to pledge the replacement reserves as security for a loan to the Association for capital improvements but not for 452 Item 13. 25 shortfalls in the operating account. Nothing herein shall require that the Association maintain a replacement reserve. At least thirty (30) days prior to the beginning of the Association’s fiscal year, the Board shall provide to each Owner the amount of the assessment that Owner shall pay in the next fiscal year. Payment of Assessments. All sums assessed by the Association for annual assessments and any special assessments allocable to any Unit shall be payable at least annually or in more frequent installments as designated by the Board. Except as otherwise provided by the Board, within thirty (30) days following the levying of an assessment as provided in Section 6.7, and on the first day of each and every installment period thereafter, each Member shall be obligated to pay to the Association the full assessment or installment of assessment levied. Replacement Reserves. The Association may, in its discretion, elect to maintain a replacement reserve account or accounts separate from the Association’s operating funds and other reserves for the purpose of replacing General Common Elements and any other components for which the Association is responsible to maintain. In establishing such reserves and the amounts to be collected from each Unit, the Association shall take into account any reserves held by any mortgagee holding a mortgage on that Unit and any restrictions on access to such funds. The Association shall not use or borrow from any replacement reserves to fund the Association’s operating expenses, provided that this restriction shall not affect the Association’s authority to pledge the replacement reserves as security for a loan to the Association. Nothing herein shall require that the Association maintain a replacement reserve. Failure to Prepare Annual Budget and Levy Annual Assessment. The failure or delay of the Board to prepare the proposed annual budget and to levy assessments upon each Unit as provided above shall not constitute a waiver or release in any manner of such Member’s obligation to pay annual assessments whenever the same shall be determined, and in the absence of any annual budget, each Member shall continue to pay the annual assessment at the then existing installment rate until such Member has received notice of the new annual or special assessment levied. Late Fees and Interest on Unpaid Assessments; Acceleration. All assessments and installments not paid on or before the date when due shall bear a late fee determined by the Board from time to time. In addition, interest shall be accrue in accordance with Article 9 assessed for each month thereafter that such fee is late. All payments upon account shall be applied first to any late fee, then to accrued interest and then to the assessment payment first due. If any installment of an assessment, whether annual or special, becomes more than thirty (30) days past due, then the Board may, upon ten (10) days’ written notice to the Owner, declare the entire amount of the assessment immediately due and payable in full, along with any late fees and collection costs. Certificate of Assessments. A certificate made by the Association as to the status of a Unit’s assessment account shall limit the liability of any Person for whom such certificate is made. The Association shall issue such certificates to such additional persons as a Member may authorize in writing. No Exception or Waiver of Payment of Assessments. No Member shall be exempt from liability for contributions towards the Common Expenses by waiver of the Member’s use or 453 Item 13. 26 enjoyment of the Common Elements or any portion of the Member’s Unit or by the abandonment of the Member’s Unit, or any other improvement. Foreclosure of Lien. The Association’s lien may be foreclosed as provided by laws of the State of Minnesota as if it were a lien under a mortgage containing a power of sale. The rights of the parties shall be the same as those provided by the law except that (i) the period of redemption shall be six (6) months from the date of sale or a lesser period authorized by law; (ii) in a foreclosure by advertisement under Minnesota Statutes, Chapter 580, the foreclosing party shall be entitled to costs and disbursements of foreclosure, and attorneys’ fees in the amount provided by Section 515B.3-116 of the Act; (iii) in a foreclosure by action under Minnesota Statutes, Chapter 581, the foreclosing party shall be entitled to costs and disbursements of foreclosure and attorneys’ fees as the court may determine, and (iv) the amount of the Association’s lien shall be deemed to be adequate consideration for the Unit subject to foreclosure, notwithstanding the value of the Unit. No Further Perfection or Notice Required. The recording of this Declaration constitutes record notice and perfection of the lien and no further recording of any claimed lien for assessment is required. ARTICLE 7. Insurance and Eminent Domain Required Coverage. [Send to insurance company for review and approval.] 7.1.1 Property Insurance. The Association shall maintain, in the name of the Association, property insurance on the Property issued by financially sound insurers authorized to do business in the State of Minnesota, which such insurance shall be in special form covering all risks of physical loss in an amount equal to one hundred percent of the insurable “replacement cost” of the Property, but excluding land, footings, excavation and other items normally excluded from coverage (but including all common building service equipment and machinery), and also excluding ceiling or wall finishing materials, cabinetry, finished millwork, finished flooring, electrical, heating, ventilating, and air conditioning equipment and plumbing fixtures serving a single Unit, built-in appliances, light fixtures and other improvements and betterments within the Units regardless of when installed. Notwithstanding the foregoing, the Association is not obligated to maintain property insurance with respect to any improvements made by the lessees of any Unit or with respect to any personal property owned by any lessee. The policy or policies shall cover personal property owned by the Association, contain “Inflation Guard” and “Agreed Amount” endorsements, if available, and contain a waiver of any right of subrogation against the Association and each other Owner, if available. To the extent not a named insured on any policy under this Subsection 7.1.1, the Owners shall each be named as an additional named insured. 7.1.2 Liability Insurance. The Association shall, at all times from and after the date hereof, maintain commercial general liability insurance against claims and liabilities arising in connection with the ownership, existence, use, or management of the Property, with minimum limits of $1,000,000 per occurrence, $2,000,000 in the aggregate against claims for death, bodily injury and property damage, and such other risks as are customarily 454 Item 13. 27 covered by such policies for projects similar in construction, location and use to the Property. The policy shall contain a “severability of interest” endorsement which shall preclude the insurer from denying the claim of an Owner or Occupant because of negligent acts of the Association or other Owners or Occupants, and the Association shall obtain appropriate waivers of subrogation from the insurance company respecting same. Declarant shall be included as an additional insured in its capacity as an Owner and, if applicable, as a Person having power to appoint members of the Board. Each Owner, their partners and members, as their interests may appear, shall be included as an additional insured, but only for claims and liabilities arising in connection with the ownership, existence, use or management of the Common Elements. The insurance shall cover claims of one or more insured parties against any other insured party, pursuant to a “severability of interest” clause and the Association shall obtain appropriate waivers of subrogation from the insurance company respecting same. The Association shall not enter into employment contracts or independent contractor contracts of any kind unless the contracting party provides evidence (such as a Certificate of Insurance) to the Board that such party has current satisfactory insurance, including workers compensation insurance, commercial general liability insurance and automobile insurance on all of which the Association is named as an additional insured. 7.1.3 Excess Coverage. The Association shall maintain excess liability coverage in the minimum amount of $5,000,000 per occurrence, $5,000,000 in the aggregate. 7.1.4 Fidelity Insurance. The Association shall maintain a fidelity bond or insurance coverage against dishonest acts on the part of directors, officers, managers, trustees, employees or persons responsible for handling funds belonging to or administered by the Association, in an amount not less than three (3) months’ current assessments as calculated from the current annual budget of the Association. An appropriate endorsement to the policy to cover any persons who serve without compensation shall be added if the policy would not otherwise cover volunteers, or a waiver of defense based upon the exclusion of persons serving without compensation shall be added. 7.1.5 Directors and Officers. The Association shall maintain directors' and officers' liability insurance protecting the current and past members of the Board and the officers of the Association against claims made against them by reason of their service in such capacities to the extent reasonably available and with such reasonable limits and coverages as the Board shall determine from time to time. 7.1.6 Other Insurance. The Association shall maintain worker’s compensation, and other insurance as required by law or as the Board may determine from time to time to be in the best interests of the Association and the Owners. In addition, the Association shall ensure that any third party management agent hired by the Association carries such commercial general liability, worker’s compensation, errors and omissions, employment practices liability and/or crime/fidelity insurance, as the Association, in its sole discretion, deems appropriate in light of coverages provided by the Association’s insurance policies. 455 Item 13. 28 Additional Coverages. The policies shall include such additional endorsements, coverages and limits with respect to such hazards as may be reasonably required by any party insuring, purchasing or financing a mortgage on a Unit; provided, however, any additional costs to the Association associated with such additional endorsements, coverages or limits, to the extent they primarily benefit that Unit’s Owner, shall be payable solely by that Unit’s Owner and assessed against that Unit. The Board may also, on behalf of the Association, enter into binding written agreements with a Secured Party, its insurer or loan servicer, obligating the Association to keep certain specified coverages or endorsements in effect, to obtain approvals of insurance adjustments on claims in excess of a certain amount, or to escrow insurance proceeds attributable to damage or destruction of Common Elements and intended for restoration, repair, replacement or rebuilding, on such terms and conditions as the Board determines to be reasonable and appropriate to facilitate such restoration, repair, replacement or rebuilding in compliance with the Act. Premiums; Improvements; Deductibles. Subject to Section 6.4, all insurance premiums shall be assessed and paid as an annual assessment. In the case of a claim for damage to a Unit or Units, the Association may, as authorized by Section 515B.3-1151(g) of the Act, (i) pay the deductible amount as a Common Expense; or (ii) assess the deductible amount against one or more of the Units affected in any reasonable manner. The Board’s decision as to who shall be charged with paying the deductible amount shall be rationally based on fault or benefit if such deductible is not charged as a Common Expense. In addition, as authorized by Section 515B.3- 1151(e)(3), if the insurance rates increase as a result of the activities on a Unit or the Limited Common Elements allocated to such Unit, the increased insurance costs may be assessed only against such Unit. If any damage to the Common Elements or another Unit is caused by the act or omission of any Owner or Occupant of a Unit, or their invitees, the Association may assess the costs of repairing the damage exclusively against the Owner’s Unit to the extent not covered by insurance. Loss Payee; Insurance Trustee. All insurance coverage maintained by the Association shall be written in the name of, and the proceeds thereof shall be payable to, the Association (or a qualified insurance trustee selected by it) as trustee for the benefit of the Owners and Secured Parties. The Association, or any insurance trustee selected by the Association, shall have exclusive authority to negotiate, settle and collect upon any claims or losses under any insurance policy maintained by the Association, and shall apply the proceeds in accordance with said Section 515B.3-113 of the Act. Required Policy Provisions. All policies of property insurance carried by the Association shall provide that: 7.5.1 Each Owner and Secured Party is an insured Person under the policy with respect to liability arising out of the Owner’s interest in the Common Elements or membership in the Association. 7.5.2 The insurer waives its right to subrogation under the policy against any Owner or such Owner’s partners or members, and against the Association and members of the Board. 456 Item 13. 29 7.5.3 The coverage shall not be prejudiced by or conditioned upon (i) any act or omission of an Owner or Secured Party, unless acting within the scope of authority on behalf of the Association; or (ii) any failure of the Association to comply with any warranty or condition regarding any portion of the Property over which the Association has no control. 7.5.4 If at the time of a loss under the policy there is other insurance in the name of an Owner covering the same property covered by the policy, the Association’s policy is primary. 7.5.5 Each Owner shall be an additional named insured under each policy of insurance procured under Sections 7.1 and 7.2. Cancellation: Notice of Loss. Property and commercial general liability insurance policies maintained by the Association shall provide that the policies shall not be canceled or substantially modified, for any reason, without at least sixty (60) days’ prior written notice to the Association, the Owners, all Secured Parties to whom certificates of insurance have been issued, and the additional insureds. Restoration in Lieu of Cash Settlement. Property insurance policies maintained by the Association shall provide that, despite any provisions giving the insurer the right to elect to restore damage in lieu of a cash settlement, such option shall not be exercisable (i) without the prior written approval of the Association (or any insurance trustee); or (ii) when in conflict with provisions of any insurance trust agreement to which the Association may be a party, or any requirement of law. Allocation of Insurance. The cost of insurance premiums shall be reviewed annually by the Board and to the extent reasonably determined by the Board, the allocations to each Unit will be adjusted in proportion to risk or coverage of the Unit and Limited Common Elements, taking into consideration the occupancy of each Unit and any prior insurance claims made in relation to any Unit. Individual Owner’s and Commercial Tenant’s Insurance. Each Owner shall obtain at its own expense, or cause to be obtained, property insurance coverage covering fire and other casualty for all the Owner’s property which is not otherwise insured by the policy of property insurance referred to in Section 7.1.1 above, including ceiling and wall finishing materials, floor coverings, cabinetry, appliances, light fixtures and other improvements and betterments within the Unit. In addition, each Owner shall obtain liability insurance naming the Owner providing coverage on an “occurrence” basis, and including a combined general comprehensive liability insurance policy limit of at least $1,000,000 for each occurrence, $2,000,000 in the aggregate, and with a $3,000,000 umbrella policy. Such liability insurance policy shall name the Association as an additional insured and certificate holder entitled to thirty (30) days’ notice if terminated, not renewed or cancelled. Insurance policies maintained by Owners shall be without contribution as against the insurance purchased by the Association, except as to deductible amounts or other items not covered under the Association’s policies. Any such policies shall contain waivers of subrogation and contribution rights if possible. Each Owner shall provide the Association a certificate assuring the Association that the coverage required by this paragraph is in force, and 457 Item 13. 30 shall provide a replacement certificate at least thirty (30) days’ prior to each policy anniversary date. Upon failure to provide such certificate that is not cured within ten (10) days after written notice, the Board shall have the right to obtain such insurance, the cost of which shall constitute a special assessment levied against the applicable Unit as of the date on which the notice of special assessment is sent to the applicable Owner who has not provided such certificates and/or who has not maintained the applicable insurance in force. Waiver of Claim. Anything herein to the contrary notwithstanding, the Association agrees that it shall make no claim against an Owner, its members, the members of the Board, officers of the Association, or employees or agents of any thereof, or against the manager, if any, or its officers, employees or agents, and each Owner agrees not to make a claim against the Association, the members of the Board, officers of the Association, or employees or agents of any thereof, or against the manager, if any, or its officers, employees or agents, or other Owners for any loss or damage to the Condominium, or to a Unit or Common Element, or to personal property, even if caused by the act or neglect of any one or more of such persons, due to a peril insured against by casualty insurance purchased by the Association, or any Owner, to the extent of the insurance proceeds recovered under all such policies of insurance, and all such claims, to the extent of such recovery, are hereby waived and released; provided, however, that this waiver shall not apply to vandalism or malicious mischief and shall apply only during such time as the applicable policy or policies shall contain a clause or endorsement to the effect that any such release shall not adversely affect or impair said policy or policies, or prejudice the right of the insured to recover thereunder, and each Owner and the Board agree that their respective insurance policies shall contain such a clause or endorsement if available at reasonable cost in the opinion of the party insured thereunder. The Board shall have the right to determine who shall pay the deductible portion not covered by insurance provided such a determination shall be rationally based upon fault or benefit if not charged as a Common Expense. Required Insurance Not Available. If any insurance required hereunder ceases to be available, or is available on terms so unacceptable that prudent owners of similar property generally do not carry such insurance, then in lieu of such insurance the pertinent party may carry the most comparable insurance which is available and generally carried by prudent parties. Eminent Domain. The procedures that the Association must follow in the event of a taking (or a purchase in lieu of a taking) of part or all of the Common Elements by a condemning authority are set forth in Section 515B.1-107 of the Act and shall be complied with by the Association. The Association shall represent the Owners in any condemnation proceedings or in negotiations, settlements and agreements with the condemning authority for acquisition of the Common Elements, or part thereof. Each Owner hereby grants the Board an irrevocable power of attorney for such purpose. Any proceeds from the settlement should be payable to the Association for the benefit of the Owners and their mortgage holders. Any distribution of funds in connection with the termination of the Condominium must be made on a reasonable and equitable basis to the Owners and mortgage holders as their interests appear. ARTICLE 8. Amendments to Declaration Percentage of Owners. Except as expressly permitted or required by the Act or Articles 8 and 10, this Declaration may be amended by the Association only by a vote or written 458 Item 13. 31 agreement of Owners of Units to which at least sixty-seven percent (67%) of the votes in the Association are allocated; subject to the limitations specified herein. Recordation. Every amendment to the Declaration shall be recorded in the office of the Recording Officer, and is effective only when recorded. Limitations. No amendment may create special declarant rights;, increase the number of Units beyond the maximum allowed by subdivision hereunder; change the allocations of Common Expense liabilities, interests in Common Elements or voting strength in the Association (including both voting by the Members and voting by the Board) or change the allocation of Limited Common Elements, except reallocations as may be required of a subdivided Unit among the Units resulting from such subdivision;; convert General Common Elements to Limited Common Elements; change the authorized use of a Unit from nonresidential to residential (as defined by the Act) or conversely; change the boundaries of any Unit; materially and negatively affect the right to sell or the marketability of a Unit;; change the percentage of Owners needed to terminate the Condominium; or take any action specified in Section 10.1 of this Declaration, in the absence of unanimous written agreement of the Owners. No provision in this Declaration which expressly benefits or protects the Commercial Unit or Commercial Owner may be amended without the consent of the Commercial Owner. Alteration of Limited Common Elements. In accordance with Section 515B.2-109(f) of the Act, a reallocation of Limited Common Elements shall not be permitted without an amendment to this Declaration executed by the Owners of the Units to which the affected Limited Common Elements are allocated. Secretary’s Affidavit. An affidavit of the secretary of the Association stating that the votes or agreements required by this Article 8 have occurred shall be attached to the amendment and shall constitute prima facie evidence of the representations contained therein. ARTICLE 9. Remedies Entitlement to Relief. Legal relief may be sought by the Association, at its discretion, against any Owner, or by an Owner against the Association or another Owner, to enforce compliance with the Governing Documents, the Rules, the Act or the decisions of the Association. However, no Owner may withhold any assessments payable to the Association, nor take or omit other action in violation of the Governing Documents, the Rules or the Act, as a measure to enforce such Owner’s position, or for any other reason. Remedies. In addition to any other remedies or sanctions, expressed or implied herein, whether administrative or legal, the Association shall have the right, but not the obligation, to implement any one or more of the following actions against Owners and Occupants and/or their invitees, who violate the provisions of the Governing Documents, the Rules or the Act: 9.2.1 Commence legal action for damages or equitable relief in any court of competent jurisdiction. 9.2.2 Impose late charges for each past due assessment or installment thereof, as set forth in Section 6.11, and impose interest not to exceed the highest rate permitted by 459 Item 13. 32 law accruing beginning on the first day of the month after the assessment or installment was due. 9.2.3 Accelerate any unpaid installments of any assessments assessed against the Unit owned by the defaulting Owner in accordance with Section 6.11, which assessments shall then be payable in full together with all attorneys’ fees and other professional fees, costs and late charges. 9.2.4 Impose reasonable fines, penalties or charges for each violation of the Act, the Governing Documents or the Rules, which fines, penalties and changes shall be added to the assessments against the Unit at fault. 9.2.5 Enter any Unit or Limited Common Element and restore any portions of the Unit, or Limited Common Element used, damaged or altered, or allowed to be used, damaged or altered, by any Owner or Occupant, or their invitees, in violation of the Governing Documents, and to assess the cost of such restoration against the responsible Owners and their Units. 9.2.6 Enter any Unit, Common Elements or Limited Common Element in which, or as to which, a violation or breach of the Governing Documents or the Rules exists which materially affects, or is likely to materially affect, the health or safety of the other Owners or Occupants, or their invitees, the safety or soundness of any Unit or other part of the Property or the property of the Owners, Occupants or their invitees, or the uniform and harmonious appearance of the Building. The Association may summarily abate, demolish and remove, at the expense of the offending Owner or Occupant, any structure, thing or condition in the Unit, Common Elements or Limited Common Elements which is causing the violation; provided, that any improvements which are a part of a Unit may be altered, demolished or removed only pursuant to a court order or with the agreement of the Owner. 9.2.7 Foreclose any lien arising under the provisions of the Governing Documents or under law, in the manner provided by the Act. Enforcement by Owners. The provisions of this Article 9 shall not limit or impair the independent rights of other Owners to enforce the provisions of the Governing Documents, the Rules, and the Act as provided therein. ARTICLE 10. Provisions for Eligible Mortgagees The following provisions shall take precedence over all other provisions of this Declaration, and in the event of any inconsistency or contradiction, the following provisions shall control: Approval of Eligible Mortgagees. In addition to the requirements of Article 8, unless the Owners of Units to which at least sixty-seven percent (67%) of the votes in the Association agree (or such higher percentage as required by the Act or this Declaration), and at least fifty-one percent (51%) of Eligible Mortgagees (one vote for each mortgage owned) consent, the Association shall not be entitled to amend any provision of this Declaration or the Bylaws or 460 Item 13. 33 add any material provision thereto which establishes, provides for, governs or regulates any of the following: 10.1.1 voting; 10.1.2 assessment liens or the subordination of any such lien; 10.1.3 reserves for maintenance, repair or replacement of the Common Elements; 10.1.4 insurance or fidelity bonds; 10.1.5 rights to use the Common Elements; 10.1.6 responsibility for maintenance or repair of any portion of the Condominium; 10.1.7 expansion or contraction of the Condominium or the addition, annexation or withdrawal of property to or from the Condominium; 10.1.8 boundaries of any Unit (except as may be permitted herein related to subdivision of Units); 10.1.9 interests in the Common Elements or Limited Common Elements; and 10.1.10 convertibility of Units into Common Elements or Common Elements into Units. This Section 10.1 shall not apply in the case of a subdivision of a Unit and the reallocation of the Common Element interests, Common Expense liability and voting rights of the subdivided Unit among the Units resulting from such subdivision. Approval of First Mortgagees. Without the approval of the Owners of Units to which one hundred percent (100%) of the votes are allocated, and at least eighty percent (80%) of the holders of First Mortgages (based upon one vote for each mortgage owned) 10.2.1 the Condominium cannot be terminated (unless all of the Units are taken by eminent domain); and 10.2.2 the legal form of the Condominium cannot be changed. Notice to Eligible Mortgagees. Eligible Mortgagees shall be entitled to timely written notice of: 10.3.1 any proposed amendment of the Governing Documents effecting a change in (i) the boundaries of any Unit or the exclusive easement rights appertaining thereto; (ii) the interests in the Common Elements or Limited Common Elements appertaining to any Unit or the liability for Common Expenses; (iii) the number of votes in 461 Item 13. 34 the Association appertaining to any Unit; or (iv) the purposes to which any Unit or the Common Elements are restricted; 10.3.2 any proposed termination of the Condominium; 10.3.3 any condemnation loss or any casualty loss which affects a material portion of the Condominium or which affects any Unit on which there is a First Mortgage held, insured or guaranteed by such Eligible Mortgagee; 10.3.4 any delinquency in the payment of assessments or charges owed by an Owner subject to the mortgage of such Eligible Mortgagee, where such delinquency has continued for a period of thirty (30) days; 10.3.5 any lapse, cancellation or material modification of any insurance policy maintained by the Association. Liens Prior to First Mortgage. All taxes, assessments and charges which may become liens prior to any First Mortgage on any Unit under local law, shall relate only to the individual Unit and not to the Condominium project as a whole. Rights to Condemnation Proceeds. No provision of the Condominium constituent documents gives an Owner or any other party priority over any rights of the holder of any First Mortgage on the Unit pursuant to its mortgage in the case of condemnation awards for losses or the taking of Units and/or Common Elements. Consent/Approval. Consent by any Secured Party entitled by law or by this Declaration to consent to an action by the Association, including consent to an amendment of this Declaration, the Bylaws or articles of incorporation of the Association by an Eligible Mortgagee, shall be deemed granted if the Secured Party’s written refusal to consent is not received by the Association within sixty (60) days after the Secured Party receives from the Association notice and copy of the amendment by certified mail, postage prepaid and return receipt requested in accordance with Section 515B.2-118(a)(5) of the Act. ARTICLE 11. General Provisions Interpretation of Declaration. This Declaration is intended to comply with requirements of the Act. In the event of any conflict between this Declaration and the provisions of the Act, the provisions of the Act shall control. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the ownership and operation of a multi-use common interest community project. Compound words beginning with the prefix “here” shall be read as referring to this Declaration and not merely to the part of it in which they appear. The term “include” or “including” in a statement shall mean include or including as an example, without limiting the generality of the statement. References to both Common Elements and Limited Common Elements within the same sentence are for emphasis only. Limited Common Elements are a subset of Common Elements, and unless clearly to the contrary, references herein to Common Elements include both General Common Elements and Limited Common Elements. 462 Item 13. 35 Examination of Records. Owners, lenders and holders, insurers or guarantors of any First Mortgage shall be entitled to inspect current copies of the Declaration, the Bylaws, and the Rules governing the Condominium, the books, records and financial statements of the Association and all documentation specified by Section 515B.3-118 of the Act, upon request during normal business hours or under other reasonable circumstances. Purchasers shall be entitled to inspect current copies of the Declaration, the Bylaws, and the Rules governing the Condominium and the most recent annual audited financial statement, if such is prepared. Any Person which has an interest or prospective interest in the Condominium shall be entitled, upon written request, to have an audited financial statement for the immediately preceding fiscal year prepared within a reasonable time, at the expense of such Person. Notices. All notices, objections, demands and other communications required or permitted to be given or served under this Declaration shall be in writing and shall be deemed to have been duly given if delivered in person or deposited in the United States mail, postage prepaid, for mailing by certified or registered mail, return receipt requested as follows: If to any Member, to: That Member’s last address as shown on the records of the Association, or if not obtainable or known, to its registered office in the State of Minnesota or publically available city hall address (in relation to the City). If to the Association, to: The president or management agent at the last address shown for such person on the records of the Association, or if not obtainable, to its registered office in the State of Minnesota. Successors and Assigns. This Declaration shall be binding upon and inure to the benefit of the Association, its Members and the Declarant, and their heirs, successors and assigns. Severable Provisions. Each provision of this Declaration is intended to be severable. If any term or provision herein is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Declaration. Titles, Headings or Captions and Reference to Gender. All titles, headings or captions in the articles or sections of this Declaration are inserted for convenience of reference only and shall not constitute a part of this Declaration or as a limitation of the scope of the particular articles or sections to which they apply. The masculine gender may be read as the feminine gender or the neuter gender, the neuter gender may be read as the masculine gender or feminine gender and the feminine gender may be read as the masculine gender or the neuter gender. Where appropriate the singular may be read as the plural and the plural may be read as singular. Minor Revisions. At any time prior to the recording of a deed transferring title to the Commercial Unit to the City or a third party, the Declarant reserves the right to make minor, non-material changes to the Declaration and Bylaws in order to comply with the requirements of the Recording Officer and any change in the Act. 463 Item 13. 36 Minnesota Law to Govern. This Declaration shall be construed and enforced in accordance with the laws of the State of Minnesota. Association’s Right of Entry. The Association shall have a right of entry upon each Unit and the Limited Common Elements allocated to it at any time to effect emergency repairs and, upon 24 hours advance notice, between the hours of 9:00 a.m., and 5:00 p.m. to effect other repairs, improvements, replacements or maintenance deemed necessary by the Association. Consent. Whenever consent is required by an Owner, such consent shall not be unreasonably withheld, delayed or denied. Right of Action. Failure of any Owner or the Association to comply with the provisions of this Declaration, the Bylaws or the Rules adopted pursuant thereto shall give rise to a cause of action by any aggrieved Owner or the Association. [The remainder of this page is intentionally left blank.] 464 Item 13. IN WITNESS WHEREOF, the undersigned has executed this Declaration as of the day and year first above written. BPOZ Columbia Heights, LLC, a Delaware limited liability company By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ___________ ) The foregoing instrument was acknowledged before me this _____ day of _______, 20__, by _____________________, the __________________ of BPOZ Columbia Heights, LLC, a Delaware limited liability company, on behalf of the company. ___________________________________ Notary Public. THIS INSTRUMENT WAS DRAFTED BY: WINTHROP & WEINSTINE, P.A. Capella Tower, Suite 3500 225 South Sixth Street Minneapolis, Minnesota 55402-4629 Telephone: (612) 604-6400 19349818v13 15056.15 465 Item 13. A-1 EXHIBIT A TO DECLARATION COMMON INTEREST COMMUNITY NUMBER [_#_] A Condominium THE HEIGHTS LEGAL DESCRIPTION [confirm legal description once title registration is complete] PARCEL 1 (Abstract and Torrens-Certificate of Title No. 142077): Lot 32, Block 6, Reservoir Hills, Anoka County, Minnesota. Lots 25 through 28, Block 1, Walton’s Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills, Anoka County, Minnesota. The vacated alley adjacent to Lots 25 through 28, Block 1, Walton’s Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills, Anoka County, Minnesota. Those parts of Lots 28 through 31, Block 6, Reservoir Hills; Lots 23, and 24, Block 1, Walton’s Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills; and of the vacated alley adjacent to Lot 24, Block 1, Walton’s Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills; lying southwesterly and westerly of the following described line: Beginning at a point on the south line of Block 1, Walton’s Rearrangement, said point being 18.00 feet West of the southeast corner of Lot 23, of said Block 1, Walton’s Rearrangement; thence Northerly on a line 18.00 feet West of and parallel with the east line of Lot 23 a distance of 87.00 feet; thence on a straight line to a point on the north line of Lot 30 of said Block 6, Reservoir Hills, said point being 47.23 feet Easterly of the northwest corner of said Lot 30 and there terminating. The following portion of the above description being registered land: That part of Lot Twenty-three (23), Block One (1), Walton’s Rearrangement of Lots Thirty-three (33) and Thirty-four (34), Block Six (6), Reservoir Hills, lying southwesterly and westerly of the following described line: Beginning at a point on the South line of said Block 1, Walton’s Rearrangement, said point being 18.00 feet West of the southeast corner of Lot 23 of said Block 1, Walton’s Rearrangement; thence Northerly on a line 18.00 feet West of and parallel with said east line of Lot 23, a distance of 87.00 feet; thence on a straight line to a point on the north line of Lot 30 of said Block 6, Reservoir Hills, said point being 47.23 feet Easterly of the northwest corner of said Lot 30 and there terminating. 466 Item 13. A-2 PARCEL 2 (Abstract): Those parts of Lots 27 through 31, Block 6, Reservoir Hills and those parts of Lots 23 and 24, Block 1, Walton’s Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills and of the vacated alley abutting Block 1, “Walton’s Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills”, as dedicated in said plat, lying within the following described tract: Commencing at a point on the south line of said Block 1, Walton’s Rearrangement distant 18.00 feet west of the southeast corner of Lot 23, said Block 1, Walton’s Rearrangement; thence northerly on a line 18.00 feet west of and parallel with the east line of said Lot 23, a distance of 87.00 feet, to the actual point of beginning of the tract to be described; thence continuing northerly on the extension of said line to the north line of Block 6, Reservoir Hills; thence westerly along said north line of Block 6, to a point being 47.23 feet easterly of the northwest corner of Lot 30, Block 6, Reservoir Hills; thence southeasterly, to the point of beginning; Excepting therefrom Tract A, Registered Land Survey No. 250, Anoka County, Minnesota. PARCEL 3 (Torrens-Certificate of Title No. 142076): Tract A, Registered Land Survey No. 250, Anoka County, Minnesota. PARCEL 4 (Torrens-Certificate of Title No. 116494) Tract B, Registered Land Survey No. 250, Anoka County, Minnesota. PARCEL 5 (Abstract) Lots 24, 25 and 26, Block 6, Reservoir Hills. Lots 20, 21 and 22, Block 1, Walton’s Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills, and all of the vacated alley adjacent to said Lots 20, 21 and 22. Those parts of Lots 27, Block 6, Reservoir Hills and of Lot 23, Block 1, Walton’s Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills and of that part of the vacated alley abutting Block 1, “Walton’s Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills”, as dedicated in said plat, which lies Westerly of the Northerly extension of the East line of Lot 23, said Block 1, lying easterly of the following described line: Beginning at a point on the South line of said Block 1, Walton’s Rearrangement, said point being 18.00 feet West from the Southeast corner of Lot 23 of said Block 1, Walton’s Rearrangement; thence Northerly on a line 18.00 feet West of and parallel with the East line of said Lot 23, to the North line of said Block 6, Reservoir Hills; Excepting therefrom Tract B, Registered Land Survey No. 250, Anoka County, Minnesota. PARCEL 6 (Torrens-Certificate of Title No. 115040) Lot 19, Block 1, Walton’s Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills, Anoka County, Minnesota. 467 Item 13. B-1 EXHIBIT B TO DECLARATION COMMON INTEREST COMMUNITY NUMBER [_#_] A Condominium THE HEIGHTS ADDITIONAL DEPICTION OF LIMITED COMMON ELEMENTS 468 Item 13. C-1 EXHIBIT C TO DECLARATION COMMON INTEREST COMMUNITY NUMBER [_#_] A Condominium THE HEIGHTS ALLOCATION OF VOTING RIGHTS, INTEREST IN COMMON ELEMENTS AND LIABILITY FOR COMMON EXPENSES (EXCEPT COMMON EXPENSES RELATED TO CERTAIN GARAGE EXPENSES) Unit Voting Rights, Common Expense Liability, and Undivided Interest in Common Elements 1 __%* 2 __% 100% 469 Item 13. D-1 EXHIBIT D TO DECLARATION COMMON INTEREST COMMUNITY NUMBER [_#_] A Condominium THE HEIGHTS MAINTENANCE ALLOCATION TABLES Costs of maintenance, repair and operation of the Condominium is governed by the text of the Declaration. The following tables are for clarification purposes only and do not represent an exhaustive list of all expenses of the Association or the Unit Owners. Ownership Units – Table 1 includes a breakdown of the components within each Ownership Unit of the Association (Office and Multifamily). Separate from the Association, each respective Unit will be responsible for the sourcing of and costs associated with the maintenance and repair/replacement of the following items: Table 1: Ownership Units Commercial Unit Multifamily Unit Office Windows and Doors Multifamily Windows and Doors Gates, and Parking Technology Underground & Ground Level Parking (L1 + P1) Maintenance, MEP and Trash Rooms Limited Common Elements – Table 2 includes a breakdown of Limited Common Elements by the Unit they serve. Separate from the Association, each respective Unit will be primarily responsible for the sourcing of and costs associated with the maintenance and repair/replacement of these components. If any costs are nevertheless incurred for such components by the Association, they will be billed back in their entirety (100%) to the respective Units that such components serve: Table 2: Limited Common Elements Commercial Unit Multifamily Unit Commercial Unit Façade Multifamily Unit Façade Heated Sidewalk, benches, crash barriers, emergency generator serving only Commercial Unit Multifamily Garage Doors Office VRF Unit(s) Multifamily VRF Unit(s) Office Roof HVAC Unit Multifamily Roof HVAC Unit(s) Office Interior Security System Multifamily Interior Security System Commercial Garage Doors, Gates and Parking Technology 470 Item 13. D-2 General Common Elements – Table 3 includes a list of General Common Elements and services that serve all Units of the Condo Association. The sourcing of and costs associated with the maintenance and repair/replacement of these components will be the responsibility of the Association; the Commercial Unit will contribute its share of the costs, as determined by Exhibit C, and the Multifamily Unit will cover all other costs associated with the maintenance and repair/replacement of the General Common Elements listed below: Table 3: General Common Elements & Services General Common Elements & Services Insurance Exterior Grounds & Landscaping Management Fee Exterior Utilities (Electric/Water) Fire & Life Safety System Snow Removal Window Washing Pocket Park Storm water Management System Roof Shared Emergency Generator Interior Garage Door, subject to Section 2.10 Utilities – Table 4 includes a breakdown of how utilities will be metered and/or paid for if not separately metered. To the extent possible, it is the intention of Ownership to have the utilities that serve each unit separately metered and billed direct by provider separate from the Association. The Commercial Unit will also be responsible for all utility costs associated with the use of their VRF Unit and the Multifamily Unit will rebill the Commercial Unit for those costs on a monthly basis. Utility costs related to the exterior of the building (electric/water) are considered common services (see above) and will be the responsibility of the Association, as will heat and electricity to the Garage subject to Section 2.10. Table 4: Utilities Commercial Unit Multifamily Unit Office Electric Meter Multifamily Electric Meter Office VRF Unit Electric Submeter (rebill) Multifamily VRF Unit(s) Meter Office Gas Meter Multifamily Gas Meter Office Trash Contract Multifamily Trash Contract Office Water/Sewer Meter Multifamily Water/Sewer Meter 471 Item 13. COMMON INTEREST COMMUNITY NUMBER [_#_] THE HEIGHTS (A Condominium) CONSENT TO DECLARATION The undersigned is the holder of a certain [name of mortgage] executed by _________________________, a ___________________________, in favor of the undersigned, as Mortgagee, dated ______________________, and filed in the Office of the Anoka County Registrar of Titles, on _____________, 20___, as Document No. ___________ (the “Mortgage”) against the Property described in the foregoing Declaration (the “Declaration”). The undersigned hereby consents to and joins in this Declaration and confirms that the undersigned’s interest in the Mortgage is made subject to the terms and conditions of the Declaration; provided that by consenting to and joining in this Declaration, (i) the undersigned does not in any manner constitute itself or obligate itself as a declarant, as defined in Minnesota Statutes Chapter 515B; and (ii) the lien created by the Mortgage shall remain on the Property described therein, prior to any assessment liens or other liens imposed under the Declaration, until released or satisfied. ____________________________________ By: Its: And By: Its: STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _____ day of _____________, 20__, by ___________________________________, the _____________________________, and by ____________________________________, the ______________________________, of ______________________________________, a _____________________________________, for and on behalf of the __________________________. Notary Public 472 Item 13. H-1 EXHIBIT H FORM OF CIC PLAT 473 Item 13. COMMON INTEREST COMMUNITY NUMBER ____ A CONDOMINIUM THE HEIGHTS I, Peter Goers, do hereby certify that the work was undertaken by or reviewed and approved by me for this CIC Plat of Common Interest Community Number ____, a condominium, THE HEIGHTS, being located upon: Lot 32, Block 6, RESERVOIR HILLS, Anoka County, Minnesota. Lots 25 through 28, Block 1, WALTON'S REARRANGEMENT OF LOTS 33 AND 34, BLOCK 6, RESERVOIR HILLS, Anoka County, Minnesota. The vacated alley adjacent to Lots 25 through 28, Block 1, WALTON'S REARRANGEMENT OF LOTS 33 AND 34, BLOCK 6, RESERVOIR HILLS, Anoka County, Minnesota. Those parts of Lots 28 through 31, Block 6, RESERVOIR HILLS; Lots 23 and 24, Block 1, WALTON'S REARRANGEMENT OF LOTS 33 AND 34, BLOCK 6, RESERVOIR HILLS; and of the vacated alley adjacent to Lot 24, Block 1, WALTON'S REARRANGEMENT OF LOTS 33 AND 34, BLOCK 6, RESERVOIR HILLS; lying Southwesterly and Westerly of the following described line: Beginning at a point on the South line of Block 1, WALTON'S REARRANGEMENT, said point being 18.00 feet West of the Southeast corner of Lot 23, of said Block 1, WALTON'S REARRANGEMENT; thence Northerly on a line 18.00 feet West of and parallel with the East line of Lot 23, a distance of 87.00 feet; thence on a straight line to a point on the North line of Lot 30 of said Block 6, RESERVOIR HILLS, said point being 47.23 feet Easterly of the Northwest corner of said Lot 30 and there terminating. The following portion of the above description being registered land: That part of Lot Twenty-three (23), Block One (1), WALTON'S REARRANGEMENT OF LOTS THIRTY-THREE (33) AND THIRTY-FOUR (34), BLOCK SIX (6), RESERVOIR HILLS lying southwesterly and westerly of the following described line: Beginning at a point on the South line of said Block 1, WALTON'S REARRANGEMENT, said point being 18.00 feet West of the southeast corner of Lot 23 of said Block 1, WALTON'S REARRANGEMENT; thence Northerly on a line 18.00 feet West of and parallel with said east line of Lot 23, a distance of 87.00 feet; thence on a straight line to a point on the north line of Lot 30 of said Block 6, RESERVOIR HILLS, said point being 47.23 feet Easterly of the northwest corner of said Lot 30 and there terminating. AND Those parts of Lots 27 through 31, Block 6, RESERVOIR HILLS and those parts of Lots 23 and 24, Block 1, WALTON'S REARRANGEMENT OF LOTS 33 AND 34, BLOCK 6, RESERVOIR HILLS and of the vacated alley abutting Block 1, "WALTON'S REARRANGEMENT OF LOTS 33 AND 34, BLOCK 6, RESERVOIR HILLS", as dedicated in said plat, lying within the following described tract: Commencing at a point on the South line of said Block 1, WALTON'S REARRANGEMENT distant 18.00 feet West of the Southeast corner of Lot 23, said Block 1, WALTON'S REARRANGEMENT; thence Northerly on a line 18.00 feet West of and parallel with the East line of said Lot 23, a distance of 87.00 feet, to the actual point of beginning of the tract to be described; thence continuing Northerly on the extension of said line to the North line of Block 6, RESERVOIR HILLS; thence Westerly along said North line of Block 6, to a point being 47.23 feet Easterly of the Northwest corner of Lot 30, Block 6, RESERVOIR HILLS; thence Southeasterly, to the point of beginning; Excepting therefrom Tract A, REGISTERED LAND SURVEY NO. 250, Anoka County, Minnesota. AND Tract A, REGISTERED LAND SURVEY NO. 250, Anoka County, Minnesota. AND Tract B, REGISTERED LAND SURVEY NO. 250, Anoka County, Minnesota AND Lots 24, 25 and 26, Block 6, RESERVOIR HILLS. Lots 20, 21 and 22, Block 1, WALTON'S REARRANGEMENT OF LOTS 33 AND 34, BLOCK 6, RESERVOIR HILLS, and all of the vacated alley adjacent to said Lots 20, 21 and 22. Those parts of Lots 27, Block 6, RESERVOIR HILLS and of Lot 23, Block 1, WALTON'S REARRANGEMENT OF LOTS 33 AND 34, BLOCK 6, RESERVOIR HILLS and of that part of the vacated alley abutting Block 1, "WALTON'S REARRANGEMENT OF LOTS 33 AND 34, BLOCK 6, RESERVOIR HILLS", as dedicated in said plat, which lies Westerly of the Northerly extension of the East line of Lot 23, said Block 1, lying easterly of the following described line: Beginning at a point on the South line of said Block 1, WALTON'S REARRANGEMENT, said point being 18.00 feet West from the Southeast corner of Lot 23 of said Block 1, WALTON'S REARRANGEMENT; thence Northerly on a line 18.00 feet West of and parallel with the East line of said Lot 23, to the North line of said Block 6, RESERVOIR HILLS; Excepting therefrom Tract B, REGISTERED LAND SURVEY NO. 250, Anoka County, Minnesota. AND Lot 19, Block 1, WALTON'S REARRANGEMENT OF LOTS 33 AND 34, BLOCK 6, RESERVOIR HILLS, Anoka County, Minnesota and that this CIC Plat fully and accurately depicts all information required by Minnesota Statutes, Section 515B.2-1101, and that I am a Duly Licensed Land Surveyor under the laws of the State of Minnesota. Dated this ________ day of ______________________, 20____. __________________________________________________ Peter Goers, Licensed Land Surveyor Minnesota License No. 44110 STATE OF MINNESOTA COUNTY OF _____________________ The foregoing instrument was acknowledged before me this ________ day of ______________________, 20____, by Peter Goers, a Licensed Land Surveyor. _______________________________________ Signature _______________________________________ Printed Name Notary Public, _______________________________ County, Minnesota My Commission Expires _____________________________ I, ________________________________, pursuant to Minnesota Statutes, Section 515B.2-101(c), do hereby certify that the structural components of the structures containing the units and the mechanical systems serving more that one unit, are substantially completed, and that I am a duly Licensed Architect under the laws of the State of Minnesota. Dated this ________ day of ______________________, 20____. __________________________________________________ ________________________________, Licensed Architect Minnesota License No. _____________________________ STATE OF MINNESOTA COUNTY OF _____________________ This instrument was acknowledged before me on this ________ day of ______________________, 20____, by ________________________________, a Licensed Architect. _______________________________________ Signature _______________________________________ Printed Name Notary Public, _______________________________ County, Minnesota My Commission Expires _____________________________ County Surveyor Pursuant to Minnesota Statutes, Section 389.09,Subd. 2, this CIC Plat has been reviewed and approved this ______ day of _______________, 20____. By: ______________________________________ Charles F. Gitzen Anoka County Surveyor County Auditor/Treasurer Pursuant to Minnesota Statutes, Section 515B.1-116, taxes payable in the year 20____ on the land hereinbefore described have been paid. Also, pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this ______ day of _______________, 20____. _________________________________________ Property Tax Administrator By ______________________________________, Deputy County Recorder/Registrar of Titles County of Anoka, State of Minnesota I hereby certify that this plat of COMMON INTEREST COMMUNITY NO. ________ was filed in the office of the County Recorder/Registrar of Titles for public record on this ______day of _______________, 20____, at _____ o’clock ___.M. and was duly recorded as Document Number ________________________. _________________________________________ County Recorder/Registrar of Titles By ______________________________________, Deputy DRAF T C O P Y SUB J E C T T O D E S I G N CHA N G E S 474 Item 13. N89°39'25"E 367.40 S0 0 ° 1 4 ' 5 4 " E 1 4 2 . 2 2 S0 0 ° 1 8 ' 1 2 " E 1 2 7 . 9 5 S89°36'43"W 407.06 N0 0 ° 2 0 ' 5 1 " W 2 7 0 . 5 5 N89°45'06"E 40.00 CITY OF COLUMBIA HEIGHTS COUNTY OF ANOKA SEC. 36, T. 30N, R. 24W COMMON INTEREST COMMUNITY NUMBER ____ A CONDOMINIUM THE HEIGHTS CIC BOUNDARY DRAF T C O P Y SUB J E C T T O D E S I G N CHA N G E S 475 Item 13. N89°39'25"E 367.40 S0 0 ° 1 4 ' 5 4 " E 1 4 2 . 2 2 S0 0 ° 1 8 ' 1 2 " E 1 2 7 . 9 5 S89°36'43"W 407.06 N0 0 ° 2 0 ' 5 1 " W 2 7 0 . 5 5 N89°45'06"E 40.00 N89°39'25"E 367.40N89°39'25"E 367.40 CITY OF COLUMBIA HEIGHTS COUNTY OF ANOKA SEC. 36, T. 30N, R. 24W COMMON INTEREST COMMUNITY NUMBER ____ A CONDOMINIUM THE HEIGHTS SITE PLAN LEGEND DRAF T C O P Y SUB J E C T T O D E S I G N CHA N G E S 476 Item 13. N89°39'25"E 367.40 S0 0 ° 1 4 ' 5 4 " E 1 4 2 . 2 2 S0 0 ° 1 8 ' 1 2 " E 1 2 7 . 9 5 S89°36'43"W 407.06 N0 0 ° 2 0 ' 5 1 " W 2 7 0 . 5 5 N89°45'06"E 40.00 UNIT 2 CITY OF COLUMBIA HEIGHTS COUNTY OF ANOKA SEC. 36, T. 30N, R. 24W COMMON INTEREST COMMUNITY NUMBER ____ A CONDOMINIUM THE HEIGHTS UNIT DETAIL GARAGE LEVEL LEGEND NOTES DRAF T C O P Y SUB J E C T T O D E S I G N CHA N G E S 477 Item 13. N89°39'25"E 367.40 S0 0 ° 1 4 ' 5 4 " E 1 4 2 . 2 2 S0 0 ° 1 8 ' 1 2 " E 1 2 7 . 9 5 S89°36'43"W 407.06 N0 0 ° 2 0 ' 5 1 " W 2 7 0 . 5 5 N89°45'06"E 40.00 UNIT 1 UNIT 2 UNIT 2 CITY OF COLUMBIA HEIGHTS COUNTY OF ANOKA SEC. 36, T. 30N, R. 24W COMMON INTEREST COMMUNITY NUMBER ____ A CONDOMINIUM THE HEIGHTS UNIT DETAIL LOWER LEVEL LEGEND NOTES DRAF T C O P Y SUB J E C T T O D E S I G N CHA N G E S 478 Item 13. N89°39'25"E 367.40 S0 0 ° 1 4 ' 5 4 " E 1 4 2 . 2 2 S0 0 ° 1 8 ' 1 2 " E 1 2 7 . 9 5 S89°36'43"W 407.06 N0 0 ° 2 0 ' 5 1 " W 2 7 0 . 5 5 N89°45'06"E 40.00 UNIT 1 UNIT 2 CITY OF COLUMBIA HEIGHTS COUNTY OF ANOKA SEC. 36, T. 30N, R. 24W COMMON INTEREST COMMUNITY NUMBER ____ A CONDOMINIUM THE HEIGHTS UNIT DETAIL FIRST LEVEL LEGEND NOTES DRAF T C O P Y SUB J E C T T O D E S I G N CHA N G E S 479 Item 13. N89°39'25"E 367.40 S0 0 ° 1 4 ' 5 4 " E 1 4 2 . 2 2 S0 0 ° 1 8 ' 1 2 " E 1 2 7 . 9 5 S89°36'43"W 407.06 N0 0 ° 2 0 ' 5 1 " W 2 7 0 . 5 5 N89°45'06"E 40.00 UNIT 2 UNIT 2 UNIT 2 CITY OF COLUMBIA HEIGHTS COUNTY OF ANOKA SEC. 36, T. 30N, R. 24W COMMON INTEREST COMMUNITY NUMBER ____ A CONDOMINIUM THE HEIGHTS UNIT DETAIL SECOND LEVEL LEGEND NOTES DRAF T C O P Y SUB J E C T T O D E S I G N CHA N G E S 480 Item 13. N89°39'25"E 367.40 S0 0 ° 1 4 ' 5 4 " E 1 4 2 . 2 2 S0 0 ° 1 8 ' 1 2 " E 1 2 7 . 9 5 S89°36'43"W 407.06 N0 0 ° 2 0 ' 5 1 " W 2 7 0 . 5 5 N89°45'06"E 40.00 UNIT 2 UNIT 2 UNIT 2 CITY OF COLUMBIA HEIGHTS COUNTY OF ANOKA SEC. 36, T. 30N, R. 24W COMMON INTEREST COMMUNITY NUMBER ____ A CONDOMINIUM THE HEIGHTS UNIT DETAIL THIRD THRU FIFTH LEVELS LEGEND NOTES DRAF T C O P Y SUB J E C T T O D E S I G N CHA N G E S 481 Item 13. N89°39'25"E 367.40 S0 0 ° 1 4 ' 5 4 " E 1 4 2 . 2 2 S0 0 ° 1 8 ' 1 2 " E 1 2 7 . 9 5 S89°36'43"W 407.06 N0 0 ° 2 0 ' 5 1 " W 2 7 0 . 5 5 N89°45'06"E 40.00 UNIT 2 UNIT 2 UNIT 2 CITY OF COLUMBIA HEIGHTS COUNTY OF ANOKA SEC. 36, T. 30N, R. 24W COMMON INTEREST COMMUNITY NUMBER ____ A CONDOMINIUM THE HEIGHTS UNIT DETAIL SIXTH LEVEL LEGEND NOTES DRAF T C O P Y SUB J E C T T O D E S I G N CHA N G E S 482 Item 13. I-1 EXHIBIT I FORM OF ARTICLES OF INCORPORATION 483 Item 13. ARTICLES OF INCORPORATION OF THE HEIGHTS OWNERS ASSOCIATION The undersigned, desiring to form a non-profit corporation under Chapter 317A of Minnesota Statutes, known as the “Minnesota Non-Profit Corporation Act,” and laws amendatory and supplementary thereof (the “Corporate Act”), does hereby make, subscribe and acknowledge the following Articles of Incorporation: ARTICLE I Name The name of the corporation shall be “The Heights Owners Association”, which shall hereinafter be referred to as the “Association”. ARTICLE II Purpose The purpose of this corporation is to provide for the maintenance, preservation and architectural control, together with the regulation of activities in the Units and Common Elements of The Heights (A Condominium), Common Interest Community No. [#] (the “Condominium”) located in Anoka County, Minnesota, which is to be formed pursuant to Minnesota Statutes Chapter 515B, known as the “Minnesota Common Interest Ownership Act” (the “Act”) on property legally described in the Declaration for Common Interest Community No. [#], The Heights (the “Declaration”) and incorporated herein by reference, and to promote the health, safety, welfare, comfort, convenience and economic well-being of the present and future Owners of Units in the Condominium and for those purposes to: (a)Exercise all of the powers and privileges and perform all of the duties and obligations of the Association as the same may be set forth in these Articles, the Bylaws of the Association (the “Bylaws”) and the Declaration, recorded, or to be recorded, in the Office of the Registrar of Titles in and for Anoka County, Minnesota, and as the same may be amended from time to time as therein provided. (b)Fix, levy, collect and enforce payment by any lawful means of all charges, assessments and expenses pursuant to the terms of the Declaration and to pay all expenses in connection therewith and incident to the conduct of the business of the Association. (c)To carry insurance pertinent to the ownership, use and maintenance of the Condominium, as well as on any personal property of the Association, exclusive of any coverage for contents and personal property belonging to any of the Members, to collect all premiums and charges for the same from the Members, to use, reimburse, or expend the proceeds for the rebuilding, repair, renovation, rehabilitation, and/or replacement of any loss or damage to any of the above property, as provided for in more pertinent detail in the Declaration and the Bylaws. 484 Item 13. 2 (d)To make and enforce reasonable rules and regulations concerning the use and enjoyment of the Condominium. (e)Acquire by gift, purchase or otherwise, own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use, or otherwise dispose of real or personal property in connection with the affairs of the Association. (f)To do anything required of or permitted to it as the administrator and operator of the Condominium or as the association of Unit Owners which are consistent with the foregoing purposes by the Act and the Corporate Act, and any further laws amendatory thereof and supplementary thereto, and by the Declaration and Bylaws, as amended from time to time. Unless otherwise defined herein, capitalized terms shall have the meaning ascribed to them in the Declaration. ARTICLE III No Pecuniary Gain This Association does not and shall not, incidentally or otherwise, afford pecuniary gain to its Members, directors or officers; provided, however, that this Association may pay to its Members, directors and officers out-of-pocket expenses incurred in the performance of their duties, may lease, license and purchase from, sell to, and otherwise deal with its Members, directors and officers and others with respect to real and personal property situated in Anoka County, Minnesota, and may hire Members, with Association approval, to perform professional services, (e.g. accountants and attorneys), and shall have the power to own, encumber and sell Units within the Condominium. ARTICLE IV Duration of Corporate Existence The period of duration of the existence of this Association shall be perpetual, subject to dissolution in accordance with Article VI. ARTICLE V Registered Office The registered office of the Association shall be located at: ___________________________. ARTICLE VI Dissolution This Association may be dissolved as provided in applicable Minnesota Statutes. Upon dissolution of the Association and termination of the Condominium, and after payment of all costs of dissolution, and the debts and obligations of the Association, all remaining corporate assets shall be distributed to the Members of the Association and secured parties, as their interests may appear, in accordance with Section 515B.2-119 of the Act, or laws amendatory thereof. 485 Item 13. 3 ARTICLE VII Incorporator of the Corporation The name and address of the incorporator of the Association, who is a natural person of full age, is as follows: Joanne L. Matzen Winthrop & Weinstine, P.A. 225 South Sixth Street, Suite 3500 Minneapolis, MN 55402 ARTICLE VIII Board of Directors The general conduct and management of the affairs of the corporation shall be vested in the Board of Directors of the Association, all of whom must be Members or representatives of Members. The first Board of Directors shall consist of three (3) natural persons, of full age who shall serve until the first annual meeting of the Association following conveyance by the Declarant of the first Unit to an Owner not an affiliate of the Declarant, at which meeting their successors shall be duly elected as set forth in the Declaration. The names and addresses of the persons comprising the first Board of Directors are as follows: NAME ADDRESS ARTICLE IX Board Action without a Meeting Any action required or permitted to be taken at a Board meeting may be taken by written action signed by all of the directors, provided that all directors must be notified of the text of the written action prior to signing by any of the directors. The written action is effective when signed unless a different effective time is provided in the written action. Any action, other than an action also requiring approval of the Members, may be taken by written action signed or consented to by authenticated electronic communication by all of the directors. ARTICLE X No Personal Liability Members, directors and officers of this Association shall not be personally liable to any extent whatsoever for corporate obligations. In addition, no person who serves without compensation as a director, officer, Member or agent of the Association shall be held civilly liable for an act or 486 Item 13. 4 omission by that person if the act or omission was in good faith, was within the scope of the person’s responsibilities as director, officer, Member or agent of the Association, and did not constitute willful or reckless misconduct, except as follows: (a)An action or proceeding brought by the attorney general for a breach of a fiduciary duty as a director; (b)A cause of action to the extent it is based on federal law; or (c)A cause of action based on the person’s express contractual obligation. The foregoing does not limit an individual’s liability for physical injury to the person of another or wrongful death personally and directly caused by the individual. ARTICLE XI No Capital Stock This Association shall have no capital stock, either authorized or issued. ARTICLE XII No Corporate Seal This Association shall have no corporate seal. ARTICLE XIII Members The membership of the Association shall consist of Unit Owners within the Condominium, as defined in the Declaration. There are two classes of Membership, one consisting of the Owners of the Commercial Units, and one consisting of the Owners of the Multifamily Unit. Membership in the Association shall be appurtenant to and shall not be separated from ownership of a Unit within the Condominium, as defined in the Declaration. Membership is not transferable except in connection with the transfer by Members of the Association of their respective Units. All Unit Owners within the Condominium shall be Members of the Association and be entitled to the voting power allocated in the Declaration for each Unit owned; provided that if there are multiple Owners of a Unit, the Owner authorized to cast the vote allocated to the Unit shall be determined in accordance with the Bylaws. Membership in the Association shall automatically pass when ownership of a Unit within the Condominium is transferred in any manner. ARTICLE XIV Amendment An amendment to these Articles or the Bylaws shall require the approval of the Owners of Units to which are allocated at least sixty-seven percent (67%) of the votes in the Association; provided, however, that any amendment that would materially and negatively affect the right to sell a Unit, the amount of assessments allocable to a Unit, the right to limited common elements appurtenant to a Unit, or the right to vote on the termination of the CIC, shall require the approval of the Owner of that Unit. Notwithstanding the foregoing, the registered office may be changed by majority 487 Item 13. 5 vote of the Board by filing a Certificate of Change of Registered Office in accordance with the law. IN WITNESS WHEREOF, the undersigned has hereunto set her hand this ___ day of ___________, 20__. ____________________________________ Joanne L. Matzen 19376066v2 15056.15 488 Item 13. J-1 EXHIBIT J FORM OF BYLAWS 489 Item 13. 1 BYLAWS OF THE HEIGHTS OWNERS ASSOCIATION ARTICLE 1. Name and Location The name of this nonprofit corporation is THE HEIGHTS OWNERS ASSOCIATION, a Minnesota nonprofit corporation, hereinafter referred to as the Association. The principal office of the corporation shall be located at The Heights Owners Association ________________________ ________________________ ARTICLE 2. Definitions The terms and phrases used in these Bylaws shall have the meanings set forth in the Declaration of The Heights, (a Condominium), Common Interest Community No. [#] (the “Declaration”) as filed for record in the Office of the Anoka County Recorder. ARTICLE 3. Meetings of Members 3.1.Annual Meetings. The first annual meeting of the Members shall be held within sixty (60) days after conveyance of the first Unit to an Owner not an affiliate of Declarant at a time and place to be determined by the Board. Subsequent annual meetings shall be held yearly at such time and place as is specified by the Board. An annual meeting of Members shall be held to appoint the Board, if appropriate, in accordance with Section 4.2, and to transact any other business authorized to be transacted by the Members. A report shall be made to the Members on the activities and financial condition of the Association at each annual meeting. 3.2.Special Meetings. Special meetings of the Members may be called at any time by the president, the vice president, or by a director. 3.3.Notice of Annual and Special Meetings. Notice of all meetings of the Members, stating the time and place and the purpose for which the meeting is called shall be given by the secretary of the Association. The secretary shall, at least twenty-one (21) days but no more than thirty (30) days in advance of any annual meeting or regularly scheduled meeting, and at least seven (7) days but no more than thirty (30) days in advance of any special meeting, send to each Member a notice containing the time, place and complete agenda of the meeting. The notice shall be sent by United States mail, postage-prepaid, or hand delivered to all Members of record at the address of their respective Units, or to other addresses as may have been designated to the 490 Item 13. 2 secretary. Notices may also be sent by email to any Member that has consented in writing to receive notices by email. Notice of a meeting may be waived by any Member before, during or after a meeting, whether given in writing, orally or by attendance at the meeting. 3.4.Quorum. The presence of at least two (2) Owners, one representing the Commercial Unit (or, if subdivided, at least one of the Units into which the Commercial Unit has been subdivided) and one representing the Multifamily Unit (or, if subdivided, at least one of the Units into which the Multifamily Unit has been subdivided), but in any event, Owners holding more than _________ percent (___%) of the votes in the Association, in person or by proxy, shall constitute a quorum for the transaction of business at any annual or special meeting. [This number should be large enough to include Alatus’ and the City’s Units and will be filled in once percentage interests are known.] No Member may purposefully and intentionally avoid attendance at properly called meetings with a primary purpose to delay or prevent establishment of a quorum and such action shall constitute a willful failure to comply with the Governing Documents and the Act. When such quorum is not present or represented by proxy, the meeting shall be adjourned until no longer than ten (10) days later. No notice, other than the announcement of the second meeting at the time the first meeting is adjourned, shall be necessary, but a courtesy notice stating the date, time and location of the adjourned meeting shall be sent to each Member promptly after the adjournment of a meeting of the Members. The inadvertent failure to send a courtesy notice shall not invalidate any action of the Members taking at the meeting. If a quorum fails a second time to be formed for an annual or special meeting, the meeting shall again be adjourned until no longer than ten (10) days later, and this process may continue until a quorum is achieved. However, if a meeting must be adjourned a second time due to the willful failure of a Member to attend, then the quorum requirement for the meeting again rescheduled shall be reduced to a Members holding more than twenty percent (20%) of the votes in the Association. When a quorum is present at an annual or special meeting, but certain Members have withdrawn from the meeting so that less than a quorum remains, the then remaining Members may continue to transact business. 3.5.Proxies. At all meetings of the Members, each voting Member may vote in person or by proxy. All proxies shall be in writing and filed with the Association, or its manager as an agent for the Association, before any meeting. Every proxy shall be revocable and shall automatically cease upon adjournment of the annual or special meeting for which such proxy was given. Every notice of an annual or special meeting shall set forth procedures for the appointment of proxies. 3.6.Voting. 3.6.1.Votes shall be allocated to each Unit as provided in the Declaration, however, no vote shall be exercised as to a Unit while the Unit is owned by the Association. Where the record Owner is a legal entity or comprised of more than one Person, such Owner or Owners shall, within thirty (30) days after ownership is acquired, designate in writing to the Board, the name and address of one natural person entitled to vote on behalf of said Owner or Owners, and to receive notices on behalf of the Owner or Owners of the Unit. If the Owners of a Unit fail to agree and notify the Association as to who shall cast the vote, the vote shall not be cast. Such designation shall remain in effect until a written change, signed by each and every Person comprising the record Owner, is delivered to the Board. 491 Item 13. 3 3.6.2.An Owner’s right to vote, or affect quorum requirements, cannot be restricted by reason of nonpayment of assessments, or a purported violation of any provision of the documents governing the Condominium. 3.6.3.The entire vote on any single issue may be by electronic means or by mailed ballots in accordance with Section 515B.3-110 of the Act if so stated in the notice required by Section 3.3 above. Such a vote shall have the same force and effect of a vote taken at a regular or special meeting, provided that the votes cast by ballot equals or exceeds the quorum required to be present at a meeting authorizing the action, and (ii) the approval votes equals or exceeds the votes that would be required to approve the matter at a meeting at which the total votes cast was the same as the votes cast by ballot. 3.6.4.There shall be no cumulative voting. 3.6.5.In accordance with Minnesota Statutes Section 317A.457, two or more members may provide for how they will vote on matters affecting Board composition and voting power by signing an agreement for that purpose. 3.7.Telephone Conference Meetings. A meeting among Members, or among the members of any committee designated by the Board, by any means of communications through which the participants may simultaneously hear each other, constitutes a meeting of the Members, or the committee, provided the same notice is given of such a conference as would be required for a meeting, and provided the number of persons participating in the conference would be sufficient to constitute a quorum at the meeting. Participation in a conference meeting constitutes personal presence at the meeting. ARTICLE 4. Board of Directors-Selection-Term of Office 4.1.Initial Board. The affairs of the Association shall be governed by a Board consisting of three (3) Directors. The initial Board shall consist of the directors named in the Articles who shall serve until the first organizational meeting of the Members, which special meeting shall be called by Declarant and occur no later than sixty (60) days after conveyance by the Declarant of the first Unit to an Owner not an affiliate of Declarant. At this first meeting, the initial Board shall resign, and the Members shall appoint the directors to serve on the next Board as set forth in Section 4.2 below. 4.2.Number; Appointments. Each successive Board following the resignation of the initial Board shall be determined, and shall consist of three (3) natural persons: (i) one (1) appointed solely by the Commercial Owner, upon the expiration of the term of the preceding director appointed by the Commercial Owner; and (ii) two (2) appointed by the Multifamily Owner, upon expiration of the term of the preceding director appointed by the Multifamily Owner; provided, however, if a director appointed by one or more of the Members ceases to qualify under Section 4.3 below during the term of his or her office, the term of that director shall terminate and a new director shall be appointed in his or her place by the same Member that appointed the director being replaced, to fulfill the uncompleted term. 492 Item 13. 4 In the event a Unit is subdivided into two (2) or more Units, the Units into which the original Unit was subdivided (the “Resulting Units”) shall appoint as a class the director or directors that the Owner of the original Unit had been entitled to appoint. The appointment shall be determined by majority vote of the Owners of each Resulting Unit, with the weight of each such vote being based on the relative gross square footage of each of the Resulting Units in the class to the total gross square footage of all of the Resulting Units in that class. By way of example, if the Commercial Unit were subdivided into three (3) Units of equal size, those three (3) Resulting Units would collectively have the right to appoint a single director to the Board, to be determined by majority vote, the weight of each such vote being equal among them. 4.3.Qualifications. Each director shall be a natural person and shall be either (i) an Owner in his or her individual capacity, (ii) a designated agent of any legal entity that owns a Unit, or (iii) a trustee of any trust that owns a Unit. All directors must be in good financial and legal standing with the Association. 4.4.Meetings. Upon the appointment of new directors, any then serving directors and officers shall resign unless re-appointed. Immediately after such meeting, the directors so appointed shall conduct their organizational meeting at which new officers shall be selected. No notice shall be necessary to the newly appointed directors in order legally to constitute such meeting - provided all of the directors are present. 4.5.Term of Office. Subject to Section 4.6, the terms of office of the directors shall be three (3) years; provided that a director shall continue in office until the appointment of his or her successor by the Member entitled to appoint that successor. A director appointed to fill an uncompleted term shall serve until the natural termination of that term. 4.6.Removal; Vacancy. A director may be removed, with or without cause, by the Member(s) that appointed such director, if a successor is immediately appointed to fill the vacancy. A vacancy left by a director shall be filled by an appointment by the Member that originally appointed such director. However, if such Unit is owned by the Association, a majority of the remaining directors shall vote to fill the vacancy even though the remaining directors may constitute less than a quorum. A director or appointed or elected to fill an uncompleted term shall serve until the natural termination of that term, unless removed in accordance with these Bylaws. 4.7.Compensation. No director shall receive compensation for any service rendered to the Association. However, any director may be reimbursed for actual expenses incurred in the performance of his or her duties. ARTICLE 5. Meetings of Directors 5.1.Regular Meetings. Regular meetings of the Board shall be held at such place and hour as may be fixed from time to time by the notice of such meeting of the Board, but at least biannually. 493 Item 13. 5 5.2.Special Meetings. Special meetings of the Board shall be held when called by the president of the Association or by a director, in each case after not less than five (5) days’ notice to the other directors. Notice may be waived by any director. 5.3.Notice. To the extent practicable, the Board shall give reasonable notice to Members of the date, time and place of a Board meeting. A director may waive his right to notice of a meeting as provided by law. If the date, time and place of meeting is announced at a previous Board meeting, is posted in a location accessible to Members and designated by the Board from time to time, or if an emergency requires immediate consideration of a matter by the Board, notice to Members is not required. Discussions at Board meetings shall be among the directors only, but shall be open to Members for observation. Notwithstanding the foregoing, Board meetings may be closed to discuss the following: 5.3.1.personnel matters; 5.3.2.pending or potential litigation, arbitration or other potentially adversarial proceedings between Members, between the Board or Association and Members, or other matters in which any Member may have an adversarial interest, if the Board determines that closing the meeting is necessary to discuss strategy or to otherwise protect the position of the Board or Association or the privacy of an Owner or Occupant of a Unit; and 5.3.3.criminal activity arising within the Condominium if the Board determines that closing the meeting is necessary to protect the privacy of the victim or that opening the meeting would jeopardize investigation of the activity. 5.4.Quorum. A quorum for the transaction of business at any meeting of directors shall exist when all Directors are present. No director may purposefully and intentionally avoid attendance at properly called board meetings with a primary purpose to delay or prevent establishment of a quorum and such action shall constitute a willful failure to comply with the Governing Documents and the Act. In the absence of a quorum, if at least two (2) directors are present they may adjourn the meeting until no longer than ten (10) days later and a courtesy notice stating the date, time and location of the adjourned meeting shall be sent to each director promptly after the adjournment. However, if a meeting must be adjourned a second time to a later date within ten (10) days after the adjournment due to the willful failure of a director to attend, then the quorum requirement for the meeting again rescheduled shall be reduced to a majority of the directors. A quorum, once established, shall continue to exist, regardless of the subsequent departure of any directors. The vote of a majority of the directors present at any meeting at which a quorum is present shall be sufficient to adopt any action. Proxies shall not be permitted. 5.5.Presiding Officer. The presiding officer of the meeting shall be the president. 5.6.Meetings by Conference. A meeting among directors, or among members of any committee designated by the Board, by any means of communication through which the participants may simultaneously hear each other during the meeting, constitutes a meeting of the Board, or the committee, provided the same notice is given of the conference as would be required for a meeting, and provided the number of persons participating in the conference are sufficient to 494 Item 13. 6 constitute a quorum at the meeting. Participation in a conference meeting constitutes personal presence at the meeting. ARTICLE 6. Powers and Duties of the Board of Directors 6.1.Powers. The powers of the Association are generally exercised by the Board, including those existing under common law, statutes, the Articles of Incorporation, and those powers designated to the Board by the Declaration and the Rules. 6.2.Duties. It shall be the duty of the Board to: 6.2.1.Cause to be kept a complete record of all of its acts and corporate affairs and to present a statement thereof to the Members at the annual meeting of the Members, or at any special meeting of the Members when such statement is requested in writing by a Member; 6.2.2.Make and file all elections and documents required in order to exempt from taxation, insofar as possible, the income of the Association consisting of assessments paid by Members; 6.2.3.Supervise all officers, agents and employees of this Association, and see that their duties are properly performed; 6.2.4.Prepare and distribute to the Members at or before the annual meeting an Annual Report, which shall contain, at a minimum, the following: (i)a statement of any capital expenditures in excess of two percent (2%) of the current budget or $5,000, whichever is greater, which capital expenditure is approved by the Association for the current fiscal year or succeeding two (2) fiscal years; (ii)a statement of the Association’s total reserves, if any, the components of the Condominium for which such reserves are set aside, and the amounts of any such reserves that the Board has allocated for the replacement of each of those components; (iii)a statement of revenues and expenses for the Association’s last fiscal year and a balance sheet as of the end of said fiscal year; (iv)a statement of the status of any pending litigation or judgments to which the Association is a party; (v)a detailed description of the insurance coverage provided by the Association including a statement as to which of the items referred to in Minn. Stat. § 515B.3-113(b) are insured by the association; and 495 Item 13. 7 (vi)a statement of the total past due assessments on all Units, which statement shall be current as of not more than sixty (60) days prior to the annual meeting. 6.2.5.The Board shall have the power to: (i)adopt and amend budgets for revenues, expenditures and reserves; (ii)fix the amount of the annual assessment against each Unit at least thirty (30) days in advance of each annual assessment period, and levy the assessment, in accordance with the Declaration; (iii)send written notice of each assessment to each Owner subject thereto at least thirty (30) days in advance of each annual assessment period; (iv)subject to Section 6.3 of the Declaration, levy special assessments against the Units; (v)collect and enforce each annual and special assessment, including imposition of fines and charges, foreclosure of the lien against the property for which assessments are not paid within thirty (30) days after the due date, or pursuing an action at law against the Owner personally obligated to pay the same. (vi)issue, or cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment; (vii)procure and maintain adequate liability and hazard insurance on the Property as set forth in the Declaration; (viii)establish and implement a preventative maintenance plan, maintenance schedule and maintenance budget for the maintenance, repair and replacement of the Common Elements; (ix)make contracts and incur liabilities consistent with the approved budget; (x)regulate the use, maintenance, repair and replacement of all Common Elements, and portions of Units and Limited Common Elements as designated or allowed by the terms of the Declaration; (xi)grant the following: (i) public utility easements, cable and other electronic communications easements and public or private access easements through, over or under the Common Elements, (ii) licenses to Unit Owners for the use of distinct portions of the Common Elements to the extent expressly authorized by the Declaration, if any; and (iii) subject to approval by a vote of the Unit Owners 496 Item 13. 8 other than Declarant or its affiliates (as defined by the Act), other public or private easements, leases and licenses through, over or under the Common Elements; provided that, in each case, such easements, leases or licenses do not unreasonably interfere with pedestrian or utility access to a Unit; (xii)provide for the indemnification of its officers and directors, and maintain directors’ and officers’ liability insurance as provided in the Governing Documents; (xiii)adopt, amend and revoke Rules, not inconsistent with the Governing Documents, facilitating and/or regulating the operation of the Property, subject to the requirements of Section 1.36 of the Declaration; (xiv)enforce the Governing Documents and the Rules; and (xv)exercise any other powers conferred by the Governing Documents, or which are necessary and proper for the governance of the Association. 6.3.Reserve Fund. The Board in its discretion, may, but need not, levy, as part of the annual assessment or as a special assessment, in accordance with the Act and subject to Section 6.10 of the Declaration, such sums of money as it shall determine necessary, together with past and future contributions to replacement reserve funds, to provide when needed for the payment of maintenance and replacement of all Common Elements and such other areas or facilities, if any, that the Association is contractually obligated to maintain, repair or replace. Such monies shall be credited to an appropriate account on the books of the Association with the designation “Reserve Funds”. ARTICLE 7. Officers 7.1.Enumeration of Officers. The officers of this Association shall be a president, a vice president, a secretary, and a treasurer, who are members of the Board. Any person may hold two or more offices, except that the offices of president and vice president and the offices of president and treasurer shall be held by different persons. The Board shall, from time to time, elect such other officers and designate their powers and duties as the Board shall find to be required to manage the affairs of the Association. 7.2.Election of Officers. The election of officers shall take place at the first meeting of the Board following each annual meeting of the Members. 7.3.Term. The officers of this Association shall be elected annually by the Board and each shall hold office for one (1) year unless the officer shall sooner resign, or shall be removed, or is otherwise disqualified to serve. 7.4.Resignation and Removal. Any officer may be removed from office with cause by the Board. Any officer may resign at any time by giving written notice to the Board, the president 497 Item 13. 9 or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. 7.5.Vacancies. A vacancy in any office shall be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer being replaced. 7.6.Duties. The duties of the officers are as follows: 7.6.1.President. The president shall be the chief executive officer of the Association. The president shall have all of the powers and duties which are usually vested in the office of the president of a corporation, including, but not limited to, the duty to preside at all meetings of directors and Members, and the general supervision over other officers and the affairs of the Association. The president shall execute all contracts, agreements and obligations of the Association except as such authority may be otherwise delegated by resolution of the Board. 7.6.2.Vice President. The vice president shall, in the absence or disability of the president, exercise the powers and perform the duties of the president. The vice president also shall assist the president and exercise such other powers and perform such other duties as shall be prescribed by the directors. 7.6.3.Secretary. The secretary shall keep the minutes of all proceedings of the directors and the Members and attend to the giving and serving of all notices to the Members and directors and other notices required by law. The secretary shall keep the records of the Association, and shall perform all other duties incident to the office of a secretary of a corporation and as may be required by the directors or the president. 7.6.4.Treasurer. The treasurer shall have custody of all intangible property of the Association, including funds, securities and evidences of indebtedness, and shall give bond in such sum and with such sureties as the directors may require; and shall keep the assessment rolls and accounts of the Members, shall keep the books of the Association in accordance with good accounting practices and shall submit them together with all vouchers, receipts, records and other papers to the directors for their examination and approval as often as they may require. The treasurer shall deposit all monies and other valuable effects in the name of or to the credit of the Association in such depositories as may be designated by the Board, shall disburse the funds of the Association as ordered by the Board, and shall perform all other duties incident to the office of a treasurer of a corporation. If a managing agent or manager be employed, the Board may designate some or all of the foregoing functions to be entrusted to said agent or manager, subject to bonding and subject to oversight and control by the treasurer. 498 Item 13. 10 ARTICLE 8. Fiscal Management 8.1.Property Held for Members’ Benefit. All funds and the titles of all properties acquired by the Association, and the proceeds thereof, after deducting therefrom the costs incurred by the Association in acquiring the same, shall be held for the benefit of the Members for the purposes stated in the Declaration and herein. 8.2.Depository. The depository of the Association shall be such financial institutions as shall be designated from time to time by the directors and in which the monies of the Association shall be deposited. Withdrawal of monies from such accounts shall be only by instruments signed by such persons as are authorized by the directors and all three (3) directors shall be required to withdraw, pay or otherwise disburse funds in excess of fifty thousand dollars ($50,000.00) if such withdrawal is not contemplated by the annual budget. ARTICLE 9. Assessments Unless otherwise specified, the term “Assessments” includes annual and special assessments, which are secured by a continuing lien upon the property against which the assessment is made and are the personal obligation of the Owner of the Unit. All Assessments shall be levied and collected in accordance with the Declaration. ARTICLE 10. Maintenance and Alterations by the Member Members shall perform their responsibilities in such manner as not unreasonably to disturb other Members; shall not unreasonably impair any easement affecting the Condominium; shall comply with the Bylaws, the Declaration, and the Rules to the extent such Rules have been duly adopted in accordance with the requirements of the Declaration; and shall promptly report to the Association any defect or need for repairs to the Common Elements. ARTICLE 11. Limitation on Contract Duration No contract, lease, management contract or employment contract, which is directly or indirectly made by or on behalf of the Association, shall be entered into for a period exceeding two (2) years. 499 Item 13. 11 ARTICLE 12. Books and Records The books, records and papers of the Association shall at all times, during reasonable business hours, be available for inspection by any Member or any mortgagee, insurer or guarantor upon request to the secretary of the Association. ARTICLE 13. Indemnification The Association shall, to the extent the alleged liability is not covered by insurance, indemnify every individual acting in any official capacity on behalf of the Association, pursuant to the provisions of Minnesota Statutes Section 317A.521. ARTICLE 14. Amendments The Board or any Member may propose an amendment to the Bylaws. Such amendment(s) shall be submitted for adoption at a meeting of the Members. Notice of the meeting of the Members shall be given to all Members and shall state the purpose of the meeting and give details of the proposed amendment(s). The amendment shall be approved and adopted by a vote of the Owners of Units to which are allocated at least sixty-seven percent (67%) of the votes in the Association; provided, however, that any amendment that amends voting rights, the Board structure, quorum requirements or disbursement/withdrawal of funds requires unanimous Member approval and any amendment that amends a provision which expressly benefits or protects the Commercial Unit or Commercial Owner, shall require the approval of the Commercial Owner. Consent to an amendment shall not be unreasonably withheld. ARTICLE 15. Fiscal Year The fiscal year of the Association shall begin on the 1st day of January and end on the 31st day of December in each year, except that the first fiscal year shall begin on the date of incorporation. ARTICLE 16. Notices Unless specifically provided otherwise in the Act, the Declaration or these Bylaws, all notices required to be given by or to the Association, the Board, the Association officers or the Owners or Occupants shall be in writing and shall be effective upon hand delivery, or mailing if 500 Item 13. 12 properly addressed with postage prepaid and deposited in the United States mail. Pursuant to Minnesota Statutes Section 317A.450, Subdivision 5(a)(2), notices may also be given to any Owner or Occupant by electronic mail, when directed to an electronic mail address at which the Owner or Occupant has consented to receive notice. ARTICLE 17. Miscellaneous Invalidation of any one of these Bylaws by judgment or court order shall in no way affect any other provision which shall remain in full force and effect. No restriction, condition, obligation or provision contained in these Bylaws shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches thereof which may occur. In the case of any conflict between the Declaration and these Bylaws or Articles of Incorporation, the Declaration or Articles of Incorporation shall control. The captions herein are for convenience of reference only and in no way limit or proscribe the scope of these Bylaws or the intent of any provision hereof. [The balance of this page is intentionally left blank.] 501 Item 13. 13 The undersigned hereby executes these Bylaws and certifies that they were duly adopted by The Heights Owners Association, a nonprofit corporation incorporated under the laws of Minnesota, effective as of the date hereof. Dated: ____________________, 20__ ____________________________________ _______________________, Secretary The Heights Owners Association 19537884v5 15056.15 502 Item 13. K-1 EXHIBIT K FORM OF RULES AND REGULATIONS 503 Item 13. RULES & REGULATIONS The Heights, a Condominium Columbia Heights, MN FirstService Residential (952) 277-2700 Telephones Answered 24 Hours a Day 504 Item 13. RULES & REGULATIONS THE HEIGHTS Property Management FirstService Residential 8100 Old Cedar Ave S., Suite 300 Minneapolis, MN 55425 Telephone Number: (952) 277-2700 Fax Number: (952) 277-2739 505 Item 13. i TABLE OF CONTENTS GOVERNANCE AND MANAGEMENT ....................................................................................1 Association Board of Directors ............................................................................................1 Building Management (FirstService Residential Minnesota, Inc.) ......................................1 Disputes................................................................................................................................1 INTERNAL OPERATIONAL GUIDELINES ...........................................................................1 Conduct / Appearance In Common Areas ...........................................................................1 Smoking ...............................................................................................................................2 Water Leakage .....................................................................................................................2 Bicycles ................................................................................................................................2 Animals ................................................................................................................................3 Flags .....................................................................................................................................3 Hazardous Substances ..........................................................................................................3 Limited Common Elements .................................................................................................3 Maintenance / Service To Residential Units ........................................................................3 Building Roof.......................................................................................................................4 REMODELING OF UNITS..........................................................................................................4 Board Approval ....................................................................................................................4 Building Permits, Code Compliance And Owner Responsibility ........................................5 Clean Up, Storage And Removal Of Construction Materials & Debris ..............................5 Limitations on Work Hours and Duration ...........................................................................5 Liability Insurance ...............................................................................................................5 Turn Off Of Water Supply ...................................................................................................6 OPERATING EXPENSE / ANNUAL ASSESSMENT ..............................................................6 FINES ..............................................................................................................................................6 DAMAGE TO PERSONAL PROPERTY / INSURANCE PROVISIONS ..............................7 EXTERNAL OPERATIONAL GUIDELINES ..........................................................................8 Building Exterior .................................................................................................................8 ENTRY OF UNITS ........................................................................................................................8 Emergency Entry .................................................................................................................8 LEASING........................................................................................................................................9 General Rules .......................................................................................................................9 RULES AMENDMENTS AND WAIVERS ................................................................................9 506 Item 13. GOVERNANCE AND MANAGEMENT ASSOCIATION BOARD OF DIRECTORS These Rules and Regulations (the “Rules”) are enacted by the Board of Directors (the “Board”) for The Heights Owners Association (the “Association”) to provide reasonable, practical guidelines for the operation of The Heights, a condominium (the “Condominium”) created under the Minnesota Common Interest Ownership Act, Minnesota Statutes Chapter 515B (the “Act”). The Act contains additional rules and regulations applicable to the condominium’s operation. All Owners and Occupants are obligated to comply with these Rules as well as the Declaration for Common Interest Community No. ___, and the Articles and Bylaws of the Association. The terms used in these Rules have the same meanings as set forth in the Declaration. The Board maintains and approves the Rules based upon authority contained in Section 4.21 of the Declaration. Owners are responsible for their own conduct and that of its Unit’s Occupants, their employees, agents, guests and invitees. BUILDING MANAGEMENT (FIRSTSERVICE RESIDENTIAL MINNESOTA, INC.) The Heights is managed by FirstService Residential Minnesota, Inc. FirstService Residential hires, trains and supervises all operating personnel. It is the direct employer of all such persons and is strictly responsible for their performance. Staff personnel, under the direction and supervision of FirstService Residential, are responsible for the general housekeeping, day-to-day maintenance and upkeep of the common areas, security and certain managerial functions. Personnel are accountable only to FirstService Residential. Owners and Occupants are requested to communicate complaints, matters of concern or grievances involving management, policy or personnel to FirstService Residential, not to staff personnel. In the event of an emergency situation or on matters of importance requiring immediate attention when security attendants on duty, for whatever reason, cannot be reached, Owners and Occupants should call FirstService Residential at (952) 277-2700 (answered 24 hours). DISPUTES In case of a dispute regarding enforcement of these Rules, Occupants shall first try to resolve the matter with Building Management. At the discretion of Building Management or at the request of the Owner, the president of the Association’s Board may be consulted to help resolve the dispute. If the dispute is still not resolved, the Occupant may ask the Association’s Board to consider the issue, and may address the Board in person or in writing on the issue before it is considered and decided by the Board. INTERNAL OPERATIONAL GUIDELINES CONDUCT / APPEARANCE IN COMMON AREAS Boisterous, noxious or offensive activity that may become an annoyance or nuisance to Owners and Occupants is not permissible. 507 Item 13. 2 Owners and Occupants will keep the noise level of microphones, electronic equipment, appliances, etc., at reasonable levels at all times, particularly during normal business hours or public meeting hours of any Unit owned by the City or affiliated entity (noting that use of microphones by the City for public meetings in a standard and typical fashion shall not be a violation of this provision), and in all events after 11:00 p.m. This provision shall not be amended without the consent or approval of all members of the Board. Entrances, garages, stairways and corridors may not be obstructed, encumbered or defaced in any manner or used for any purpose other than entering or leaving the premises. Common Elements / facilities must not be altered or impaired. Personal property of the Association must not be removed from the Common Elements at any time except by the Association. Garbage cans, trash barrels or any type of personal property or refuse, debris and discarded items are not to be left or placed, even temporarily, in any of the Common Elements and facilities, Roller skating, skateboarding and ball games are forbidden on the premises and grounds. SMOKING Smoking is prohibited in all Common Elements except a designated outdoor smoking area, which shall not be located adjacent to the Commercial Unit or any Commercial Limited Common Element. This provision shall not be amended without the consent or approval of all members of the Board. For purposes of this policy, all restrictions on smoking shall also apply to e-cigarettes (vaping). WATER LEAKAGE Owners and Occupants should routinely check for leaks and water infiltration: 1.Immediately report any water infiltration problems, no matter how minor. 2.Periodically check for any signs of water leakage at all water sources in a Unit. BICYCLES Bicycles may only be stored in racks provided in the Garage or as may be placed by the Commercial Unit Owner within a Commercial Limited Common Element. Bicycle racks shall be placed so as not to obstruct or unreasonably interfere with the passage of persons or vehicles with rights to use or pass through the Garage. Bicycles should be locked and secured at all times when not in use. This provision shall not be amended without the consent or approval of all members of the Board 508 Item 13. 3 ANIMALS Common domestic pets, such as dogs, cats, caged birds and fish housed in an aquarium are permitted. No other animals are permitted. The Owner of each Unit may impose additional rules governing pets in its Unit. All animals in the Common Elements must be caged or leashed, and under the direct control of an Occupant or a responsible person designated by the Occupant. Any domestic animal waste, whether inside or outside the Building, shall be cleaned up immediately and Owner of the Unit in which said animal resides or is visiting shall ultimately be responsible for any damage caused by the animal, regardless of who owns the animal. The Owner or Occupant shall indemnify the Association and hold it harmless against and from any loss or liability of any kind or character whatsoever arising from or growing out of having any animal on the Property. Notwithstanding the foregoing pet restrictions, nothing herein shall limit, in violation of any Applicable Laws, the keeping of a service or assistance animal. However, service and assistance animals are subject to the foregoing Rules applied to animals to the extent the Rules do not impair the service or assistance animal from being able to provide the service or assistance needed. FLAGS Nothing herein shall prevent the flying of a flag of the United States or the State of Minnesota by the Association on the General Common Elements or by the Commercial Unit Owner on the Commercial Limited Common Elements. This provision shall not be amended without the consent or approval of all members of the Board. HAZARDOUS SUBSTANCES Gasoline and other combustible, explosive, flammable or otherwise dangerous articles are forbidden on the premises except usual substances in reasonable quantities commonly used in the cleaning and operation of mixed use apartment/office buildings. Paint, oil, gasoline, fluorescent tubes or bulbs, and other hazardous substances may not be disposed of on the Property and should be taken directly to a hazardous waste drop-off facility. LIMITED COMMON ELEMENTS A Limited Common Element is a Common Element that is restricted for the exclusive use of one or more but less than all Unit Owners. Examples of Limited Common Elements include but are not limited to: pipes serving less than all Units (this may include the areas of pipes behind a wall or sheetrock area). The repair or replacement of Limited Common Elements may be charged back to the Unit Owner(s) any such repair or replacement may benefit. MAINTENANCE / SERVICE TO RESIDENTIAL UNITS The exterior side of all windows will be washed once per year. The annual washing does not include screens. 509 Item 13. 4 Owners should contract with vendors, contractors, or service companies for repair and maintenance work that is the Owner’s responsibility. If the Association contracts for emergency repairs or repairs that include both Association and Owner responsibility, charges for the work that is the Owner’s responsibility will be billed to the Owner and will appear on the monthly dues statement. BUILDING ROOF Neither Occupants, nor their employees or guests should at any time enter upon the roof of the building except by prior arrangement with Building Management. REMODELING OF UNITS BOARD APPROVAL Pursuant to the constituent documents of the Association, Owners may not make any Regulated Improvements to their Units, without prior written consent of the Board. Remodeling plans/requests are required to be submitted to Building Management or directly to the Board. These remodeling rules shall not apply to the initial construction of Units, including the buildout of the interior of Units, or Common Elements, including signage. Approval letters will be generated in a timely manner once the details of the remodel are disclosed and reviewed. The Board may authorize Building Management to assist with certain remodeling projects on its behalf but the Board may not delegate its right to approve such projects. An Owner’s general contractor must consult with Building Management before work begins to resolve any questions or concerns. Without limiting the generality of the definition of “Regulated Improvements” in the Declaration or any express exception thereto which supersedes the requirements below, the following constitute Regulated Improvements to the Units: 1.All alterations, modifications or additions to plumbing, except for routine repair, cleaning or replacement of faucets or plumbing fixtures of a like type and size. 2.All alterations, modifications or additions to the heating and ventilation systems, except for repair or replacement of equipment of a like type and size. 3.All alterations, modifications or additions to security or life safety equipment located in Units. 4.All alterations, modifications or additions visible from the exterior of a Unit. 5.All alterations, modifications or additions that contemplate or require penetration into or through the surface of the floor deck or ceiling of a Unit. 6.All alterations, modifications or additions that could increase sound transmission between the walls, floors or ceilings separating one Unit from the other. 510 Item 13. 5 7.All types of alterations, modifications or additions, the result of which could adversely affect other Units or Common Elements that are located above, below or adjacent to a Unit in which remodeling is contemplated. BUILDING PERMITS, CODE COMPLIANCE AND OWNER RESPONSIBILITY 1.Owners are responsible to obtain all permits that are required by code to be obtained from the City of Columbia Heights prior to commencement of work to such Owner’s Unit, and all work that is undertaken to such Owner’s Unit is to be completed in full compliance with all applicable building and fire codes and ordinances. 2.Owners are responsible for any consequential damage to Units located above, below and adjacent to the Unit in which remodeling is completed and of Common Elements resulting from any remodeling or alterations performed by such Owners. CLEAN UP, STORAGE AND REMOVAL OF CONSTRUCTION MATERIALS & DEBRIS Construction materials, supplies and debris are not permitted to be stored in or on the Common Elements of the Property, even if for only short intervals of time. Owners shall require their contractors and vendors to haul away construction debris, cartons, wrapping, etc. from the premises and to provide a dumpster for this purpose if warranted. LIMITATIONS ON WORK HOURS AND DURATION Construction and remodeling work hours are from 8:30 a.m. to 5:00 p.m. Monday through Friday. No construction work is permitted in evenings or on weekends, or during national holidays. For extensive remodeling or construction projects that will last more than thirty (30) days, the Board requires submission of a construction schedule and anticipated timeline and reserves the right to require reasonable changes to construction or reasonable noise mitigation plans as a condition of its approval in order to minimize effects on Occupants. Failure to provide a schedule, adhere to a schedule or provide notice of changes to these plans may result in daily fines and/or other imposed restrictions and fines by the Board in its reasonable discretion. Construction or remodeling work must stop until the plan is revised and approved by the Board. The Board shall enforce these provisions against the different Unit Owners in an equal manner whereby requirements imposed upon one Owner shall be imposed upon any other Owner in the event of the same or similar extensive remodeling or construction projects. This provision shall not be amended without the consent or approval of all members of the Board. LIABILITY INSURANCE Contractors must be licensed and bonded and must provide both the Owner and the Association a Certificate of Liability Insurance. After completion of the work, any changes to plumbing, electrical wiring and interior wall locations, along with a copy of the blueprints, must be provided to Building Management for documentation in the Unit files. 511 Item 13. 6 TURN OFF OF WATER SUPPLY Except in absolute emergency situations, the water supply to the Building may not be turned off unless required and reasonable advance notice to the Owners and Occupants who will be affected by a scheduled turn off is duly given. OPERATING EXPENSE / ANNUAL ASSESSMENT The annual operating budget will be approved each year by the Association’s Board, and is the basis for determining the annual assessments of Owners. The budget will be distributed to Owners after approval by the Board, and Owners will be notified of the amount of their respective assessments. The assessments may be adjusted by the Board at other times of year if deemed necessary by the Board because of unanticipated costs. Owners will be notified at least 30 days prior to any change in the assessments. The assessment for Common Expenses is payable in monthly installments, in advance, on the first day of each month within the year for which the assessment is made. Special assessments may be levied by the Board from time to time for capital projects and are payable as prescribed by the Board. Late payments of monthly or special assessments, maintenance charges, rental fees, and all other charges, are subject to a late fee of $__ per month. FINES Minnesota Statutes, Section 515B.3-102 grants condominium boards of directors the power to impose charges for late payment of assessments and, after notice and opportunity to be heard, to levy reasonable fines for violations of Declaration, Bylaws and Rules of the Association. The Board shall enforce these provisions against the different Unit Owners in an equal manner whereby fines imposed upon one Owner shall be imposed upon any other Owner in the event of the same or similar conduct leading to such fine. This provision may not be amended without the consent or approval of all members of the Board. The reasonable fines described are in addition to, and not as substitutes for any rights or remedies which the Association otherwise has at law or under the Declaration, Bylaws and any amendments thereto. Association Members are responsible for the conduct and actions of their guests, tenants, and contractors, and are subject to reasonable fines for any usage contrary to the Governing Documents and Rules and amendments thereto in effect from time to time. 1.PROCEDURE: Any complaint or information relating to any alleged violation of the Association’s Declaration, Bylaws or these Rules may be made by any person to Building Management. Building Management will take all steps reasonably necessary to investigate the allegations and report to the Board: (a) that Building Management has received information of an alleged violation; (b) the nature of the alleged violation; (c) the facts and circumstances involving the alleged violation; (d) the possible reasonable fine which could be imposed pursuant to this resolution. 512 Item 13. 7 In the event that Board finds that there is reason to believe a violation has occurred and that it is of such a nature that reasonable fines should be considered by the Board, a written notice should be delivered to the Association Member inviting the Member to be present at a time and place for the purposes of being heard and presenting evidence bearing on the alleged violation. After the Board has reviewed the situation, it will deliberate and determine whether a violation has occurred, assessing reasonable fines it deems reasonable. Strict rules of evidence will not be required, but the Board will allow Building Management and all parties the opportunity to be heard. The Board may use its discretion in assessing reasonable fines and may consider the severity of the violation, its harm or potential harm to the Members or common facilities and its repetitious nature. 2.FINES FOR USES OF UNIT CONTRARY TO POLICIES: Any Member, or its guest, tenant, or contractor, using a Unit contrary to the provisions contained in the Declaration or the Rules (including reasonable rules adopted by a Unit Owner governing use by the Owner of the other Unit and its Occupants of easements over and across the servient Unit) in effect at the time, subjects the Member or tenant to a fine to be determined by the Board. 3.FINES FOR DAMAGE OR OTHER ACTIONS ADVERSELY AFFECTING COMMON FACILITIES OR EXTERNAL APPEARANCES: Any Member or its guest, tenant, or contractor causing damage or using any Common Element contrary to these policies, or that fails to fulfill its maintenance or repair obligations as provided in the Rules in effect at the time, may be subject to a reasonable fine as determined by the Board or required to pay the cost of restoring the condition of the affected facilities, after notice and opportunity for hearing as stated in paragraph 1 of this section. DAMAGE TO PERSONAL PROPERTY / INSURANCE PROVISIONS The master insurance policy carried by the Association does not, under any circumstances, cover personal property owned by Owners/occupants for any type of loss. Personal property includes furniture, draperies, clothing, jewelry and other personal effects. The master insurance policy carried by the Association does not provide coverage for carpeting, hardwood flooring, tile, or other types of flooring, wall coverings including paint and wallpaper, light fixtures, wood molding and trim, and all types of built-ins, appliances, cabinetry, counters, desks, and window treatments within Units. It is important therefore, that Owners include coverage for these items under their individual Owner’s policy. Owners and occupants, therefore, are informed that the Association does not under any circumstances assume liability for loss or damage to personal property or for improvements defined above. 513 Item 13. 8 It is essential, therefore, that Owners carry their own Condominium Commercial Unit or Business Owners Policy in an amount sufficient to cover the value of all personal property and all betterments and improvements specified above, except that if a Unit is owned by the City or an affiliated entity that the City, or such affiliated entity, may procure coverage through the League of Minnesota Cities. An All Risk Policy includes liability coverage for accidents occurring within the individual Units. Each Owner shall be liable for the expense of any maintenance, repair or replacement rendered necessary by its act, neglect or carelessness or by that of any of its guests, employees, agents or tenants. EXTERNAL OPERATIONAL GUIDELINES BUILDING EXTERIOR 1.Changes or modifications to exterior windows or Common or Limited Common Elements of the Building are not permitted, except in the case of a uniform modification as authorized by the Association. 2.Owners and Occupants must not install wiring for any electrical installation such as television, or radio antenna, on the exterior of the Building without Board approval. Such equipment may not protrude through the walls, windows, or the roof of the Building, unless limitations on the same would violate Applicable Laws. 3.“For Sale,” “For Rent” and all other types of signs, illumination, identification or advertisements are not to be placed in windows or elsewhere on the exterior of the Building, except that each Unit is entitled to identification and directional signage in accordance with the original development plans for the Property, and the retail component of the Multifamily Unit is entitled to separate illuminated identification signage as approved by the Board. Additional signage requests should be directed to the Board for approval. 4.The landscaped areas, including grass, trees, shrubs, hedges, flowers or flowerbeds, must not to be harmed or littered. 5.Decorations for observed holidays may be displayed within or on each Unit and its Limited Common Elements for a limited period of time. Any holiday décor on the General Common Elements requires approval of the Board. ENTRY OF UNITS EMERGENCY ENTRY The Declaration allows immediate entry to the Units by emergency personnel. In addition, the Association may need to perform emergency maintenance, installations, alterations or repairs to mechanical or electrical systems. Building Management and related personnel may enter Units for non-emergency repairs with prior notice subject to the terms of the Declaration. 514 Item 13. 9 Examples of emergency situations are: 1. Broken water or sewer pipe, or suspicion of the same; 2. Flooding from sprinkler system or overflow from toilet or sewer line, or suspicion of the same; 3. Fire or smoke, or suspicion of the same; and, 4. Reasonable belief that a person may be disabled by illness or accident. If an emergency situation dictates the necessity of immediate entry, the following procedures shall be strictly observed in the order listed: 1.A conscientious effort is to be made to first call and attempt to locate the Owner or Occupant, time permitting, prior to entering; 2.The entry door is to be soundly pounded on prior to entering; 3.Whenever possible, two or more Building Management or staff personnel are to enter at the same time; 4.An appropriate note giving time of entry, reason and other pertinent detail is to be sent to the Owner and any Occupant affected. LEASING GENERAL RULES General Common Elements shall not be used for business or commercial purposes, except as may be authorized by the Declaration or by unanimous agreement of all Owners. Owners may not contract to rent, or offer or advertise to rent, any General Common Elements in the Building. Owners may lease any portion of their respective Units (including the leasing of usage and parking rights in the Multifamily Garage) and the Commercial Owner may lease usage and parking rights within the Commercial Garage, subject to the requirements set forth in the Declaration. Upon leasing all or a portion of any Unit, the name and contact information of the Occupant, and identification of the part of the Unit leased, shall be delivered to Building Management. This paragraph may not be amended without the consent or approval of all Members. RULES AMENDMENTS AND WAIVERS The Board has the authority to amend the Rules, and make other Rules, from time to time, as it deems necessary for the use, safety, maintenance and preservation of the Property, and for securing the common comfort and convenience of the Occupants, subject to any requirement specified herein for all Members of the Board to consent or approve such rule and subject to any limitation specified in the Declaration. However, except for “time urgent” rules, a minimum comment period of 30 days by Owners and Occupants will be normal before implementation of any new Rule. 515 Item 13. 10 Waivers from the provisions of these Rules for specific situations may be granted by the Board for good cause shown if, (i) in the judgment of the Board, the waiver will not violate the Governing Documents or law, nor interfere with the rights of other Occupants, and (ii) the waiver is granted to other Occupants under the same circumstances. However, waivers will not be granted unless an emergency or highly extenuating circumstance exists. 20186043v3 516 Item 13. L-1 EXHIBIT L FORM OF SHARED PARKING LICENSE AGREEMENT 517 Item 13. SHARED PARKING LICENSE AGREEMENT This Shared Parking License Agreement (this “Agreement”) dated and entered into as of___________ __, 20__ (the “Effective Date”) is made by and between BPOZ Columbia Heights, LLC, a limited liability company under the laws of Delaware (“BPOZ”), and the City of Columbia Heights, a municipality under the laws of Minnesota (“City”). RECITALS A.The parties hereto constitute the owners of all of the units in Common Interest Community No. ___, a Condominium, The Heights, Anoka County, Minnesota (the “Condominium”) created by that certain Declaration, dated _________, to be recorded with the Registrar of Titles in and for Anoka County, Minnesota (the “Declaration”), and located at ____________, in Columbia Heights, Minnesota. B.The Condominium building is six (6) stories in height and includes a two (2)-story parking garage designed to accommodate parking for approximately 332 motor vehicles (the “Garage”). C.The City owns Unit 1, in the Condominium (the “Commercial Unit” as defined in the Declaration), which the City utilizes as its city hall. D.BPOZ owns Unit 2, in the Condominium (the “Multifamily Unit” as defined in the Declaration), which BPOZ utilizes as a multifamily rental apartment project, a retail space and related amenities. E.The first floor of the Garage is physically divided into a westerly section and an easterly section by a chain link fence and a vertical electronic garage door, the westerly section of the first floor being a limited common element allocated to the Commercial Unit (the “Commercial Garage”) and the easterly section of the first floor and the entire lower floor (the “Multifamily Garage”) being part of the Multifamily Unit, all as shown on the common interest community plat filed of record with the Declaration. F.Pursuant to Section 4.5 of the Declaration, BPOZ has the right to lease or license Garage parking stalls within any portion of the Multifamily Garage. G.The City desires, and BPOZ is willing to grant, certain parking rights within the Multifamily Garage on the terms and conditions contained herein, subject at all times to the Declaration and the rules and regulations (the “Rules”) adopted pursuant thereto by The Heights Owners Association, a Minnesota nonprofit corporation formed to govern and administer the Condominium (the “Association”). 518 Item 13. 2 AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and BPOZ, for themselves and their successors and permitted assigns, agree as follows: 1.Grant of Licenses. BPOZ grants to the City, for itself, its employees and agents, a)an exclusive right and license to use thirty-eight (38) motor vehicle parking stalls on the first floor of the Multifamily Garage located to the extent practicable along the northerly side of, and adjacent to, the Commercial Garage (the “Licensed Spaces”) for parking, by employees and agents of the City, but only during the hours of 7:30 a.m. to 5:00 p.m. on Business Days (the “Permitted Hours”). As used herein, “Business Days” shall mean Monday through Friday, inclusive, except holidays for which the City’s offices are officially closed; and b)a non-exclusive right and license to use the most easterly Garage entrance on the northerly side of the Garage and, as necessary, the drive aisles as may exist from time to time in the Multifamily Garage (the “Access Area”) for access between and among the Licensed Spaces, the common elements of the Condominium and adjacent public streets. In no event shall the City, its employees or agents have the right to utilize more than thirty-eight (38) stalls on the first floor and associated drive aisles, park in the Licensed Spaces outside of the Permitted Hours or park in any stalls on the lower floor of the Garage. The foregoing rights and licenses are subject to the other terms of this Agreement and are referred to collectively as the “License,” and the Licensed Spaces and the Access Area are referred to collectively as the “Licensed Areas”. 2.Sublicenses. The City shall limit usage of the Licensed Spaces to those employees and agents who have received from the City parking tags or other entry permits and visibly display them on their vehicles or dashboards and in its use the City shall be bound by this License, the Condominium Documents, the Rules and all Applicable Laws. 3.Term. The term of this License (the “Term”) shall commence as of the date hereof (the “Commencement Date”), and continue until: a)the City transfers ownership or possession of the Commercial Unit to a person or entity other than a governmental entity or quasi-governmental entity affiliated with the City (such as an economic development authority or housing and redevelopment authority) (collectively, a “Permitted Affiliate”); or b)The City voluntarily terminates this Agreement. Notwithstanding the foregoing, the City may, at its option, release Licensed Spaces from this Agreement at any time, upon sixty (60) day’s prior written notice to BPOZ. Any Licensed Spaces so released from this Agreement shall be permanently released, BPOZ shall thereafter be free to 519 Item 13. 3 lease or license those spaces so released to third parties, and the City shall thereafter have no further right, title or interest in such released spaces. 4.Fees. The City shall pay to BPOZ a license fee (the “License Fee”) initially in the amount of $60.00 per month for each Licensed Stall, but increasing by one percent (1%) on the first anniversary of the Commencement Date and each anniversary thereafter (each a “License Year”), which License Fee shall be due and payable in advance on the first day of each calendar month during the Term. If the License is terminated in accordance with Section 3(a) above, the City shall receive a prorata refund of the License Fee for such period based on the actual number of days elapsed in the calendar month in which such termination occurs. A failure to pay the License Fee within ten (10) days of the date due shall entitle BPOZ to collect a late fee of five percent (5%) of the amount due. 5.Use. The City covenants and agrees, as of the commencement of the Term, to: a)accept the Licensed Areas “AS IS,” “WITH ALL FAULTS,” in its existing condition without any warranties or representations whatsoever with respect to the Licensed Areas or any improvements or conditions thereon, except that BPOZ will deliver the Licensed Areas in the condition depicted and described on the final construction plans and specifications of the Condominium; b) assume all responsibility for the protection of City and its employees, agents, guests and invitees and the property of City and its employees, agents, guests and invitees against the acts of third parties, other than BPOZ as specified herein, while using the Licensed Areas; c)comply with all applicable laws, ordinances, regulations, permits (including zoning permits) and orders of any governmental authority, court, board of fire underwriters or quasi-governmental authority having jurisdiction over City’s use of the Licensed Areas, including, but not limited to, those applicable to noise, nuisance, environmental protection, public safety and land use (collectively, the “Applicable Laws”), d)comply with all obligations and provisions of the Declaration and the Rules, insofar as the same relate to the Licensed Areas; e)surrender the Licensed Spaces to BPOZ at the termination of this Agreement in substantially the condition they exist as of the date hereof, ordinary wear and tear excepted, and free of all vehicles and other personal property. 6.BPOZ’s Obligations. BPOZ shall: a)repair and maintain, at BPOZ’s sole cost and expense, the easterly exterior garage door any other parking technology allowing entry or exit from the Multifamily Garage and perform day to day maintenance such as striping, sweeping, cleaning, oil spill clean-up, litter pick-up, garbage removal; b)issue parking fobs, permits and/or parking tags (and instructions on their visible display) allowing ingress and egress to and from the Multifamily Garage, for 520 Item 13. 4 distribution by the City; provided that BPOZ shall be entitled to charge a reasonable fee for the same and any replacements thereof; c)install reasonably acceptable signage in prominent locations on the first floor of the Multifamily Garage at BPOZ’s sole expense, regarding use of the Licensed Spaces, the Permitted Hours, as well as directional signage in the Multifamily Garage and post any reasonable rules of BPOZ as to the use of the Multifamily Garage not inconsistent with this License; and d)regulate use of the Licensed Areas, including towing vehicles parked in violation of the Declaration, the Rules, this License, and/or Applicable Laws; e)comply with all requirements of any mortgage encumbering the Multifamily Unit to prevent foreclosure of any such mortgage and termination by operation of law of this Agreement; and f)assign this Agreement to any purchaser of the Multifamily Unit, inform such purchaser of this Agreement and provide a copy to such purchaser to provide such purchaser with actual notice of this Agreement, prior to conveying the Multifamily Unit. 7.Temporary Closures. The City, for itself, sits employees, agents and invitees, shall reasonably cooperate with the maintenance and repair of the Multifamily Garage and agrees that the Multifamily Garage or portions of it may be temporarily closed from time to time where necessary to complete periodic repairs and maintenance. Such temporary closures shall not be considered a default by BPOZ hereunder provided that the same are temporary, commercially reasonable efforts are made to minimize parking disruptions and such repair and/or maintenance work proceeds in a reasonably diligent manner. 8.Hazardous Materials. The City shall not cause, permit or allow any hazardous material, substance, waste, contaminant, or pollutant regulated by any governmental entity or agency (collectively, “Hazardous Materials”) to be placed, stored, dumped, dispensed, released, discharged, used, transported, or located on or within any portion of the Licensed Areas. The City agrees to give BPOZ prompt written notice of any discovery, discharge, release or threatened discharge or threatened release of any Hazardous Materials on or about the Licensed Areas and agrees to promptly and fully clean-up, remediate and dispose of at its sole expense and in accordance with all Applicable Laws any Hazardous Materials that are introduced to the Licensed Areas during the Term by the City, or any of its employees, agents, guests or invitees, in coordination with BPOZ and any applicable governmental entity or agency. 9.Insurance and Indemnity. a)The City and BPOZ shall, at its own expense, each obtain and during the Term maintain (i) commercial general liability insurance with a single limit of One Million and No/100 Dollars ($1,000,000.00) and umbrella liability coverage in the amount of at least Two Million and No/100 Dollars ($2,000,000.00), and (ii) workers’ compensation insurance if, and to the extent, required by applicable law. 521 Item 13. 5 b)Each general liability insurance policy issued to the City shall name BPOZ, its Mortgagee(s) and its designated property manager(s) as additional insureds, and a certificate of insurance or a true copy of the insurance policies shall be furnished to BPOZ prior to the commencement of the Term. c)If at the time of any loss arising from the use of the Licensed Area by the City or its agents, guests, invitees, tenants or employees, except as it may relate to an obligation of BPOZ under paragraph/section 6 hereof under such policy issued to the City there is other insurance on the Licensed Areas in the name of BPOZ, the City’s policy is primary. If at the time of any loss arising from the use of the Licensed Area by BPOZ or its agents, guests, invitees, tenants or employees or related to a failure to maintain the Licensed Area as specified herein under such policy issued to BPOZ there is other insurance on the Licensed Areas in the name of the City, BPOZ’s policy is primary. d)The City and BPOZ each hereby waives any and all rights of recovery, claim, action, or cause of action, against the other party and its respective agents, officers, directors, shareholders, partners, members, managers and employees, for any loss or damage to the Licensed Areas or any property of the waiving party located on the Licensed Areas, by reason of fire, the elements, or any other causes to the extent such loss or damage is insured under the applicable terms of the insurance maintained (or required to be maintained) by the waiving party, regardless of cause or origin; but specifically excluding from such waiver any and all rights of recovery, claims, actions, or causes of action held by the waiving party arising out of the gross negligence or willful misconduct of the other party or any of its agents, officers, directors, shareholders, partners, members, managers and employees. All liability insurance obtained by the City or BPOZ shall contain a waiver by the insurer of any rights of subrogation or indemnity to which the insurer might otherwise be entitled, and permit and recognize the mutual waiver of subrogation set forth above and the indemnity provided below. e)To the fullest extent permitted by applicable law subject to any statutory limitations on liability applicable to the City, but specifically excluding any and all rights of recovery, claims, actions, or causes of action arising out of (i) any failure of BPOZ, its, agents, officers, directors, affiliates, managers and employees to perform any of its obligations under this Agreement as and when required, and (ii) the negligence or willful misconduct of BPOZ or its agents, officers, directors, affiliates, managers and employees, City shall defend, indemnify and hold harmless BPOZ and its agents, officers, directors, affiliates, managers, employees, and lenders from and against any claim, loss, cost, damage, liability and expense, including attorneys’ fees, arising directly or indirectly from City’s and its employees, agents, guests and invitees use of the Licensed Areas. 10.Enforcement of Rules. While this License is between BPOZ and the City, the parties recognize that the City will sub-license the right to park in the Licensed Spaces to various employees of the City who shall prominently display a parking permit on their vehicles. The City agrees to maintain a list of the persons to whom it assigns a Licensed Space and a description of their respective vehicles, including make, model and license plate number. If there is a material or repeated breach of this Agreement or the rules reasonably imposed by BPOZ governing use of the Garage, which rules will be generally applicable to all users of the Garage, then, upon being 522 Item 13. 6 notified thereof, the City agrees to take reasonable steps to address such violations promptly, including without limitation, revoking a right of such assignee to park in the Licensed Spaces. Failure to address such violations, after reasonable written notice to the City of such violations, will entitle BPOZ to take appropriate actions, including without limitation, the imposition of reasonable fines or revocation of a sublicensee’s right to park (without revocation of this Agreement). Notwithstanding any provision to the contrary, appropriate actions do not included revocation of this License or prohibition of use of the Licensed Areas by the City. In addition, if the Licensed Spaces are utilized by the City, or any employees to whom the City has sublicensed its right to park, outside of the dates and times allowed in Section 1.a above, three (3) or more times in a calendar month, upon written notice to the City of the time, date, license plate number of the violating vehicle and Parking Stalls involved in such violations and amount owed pursuant to this section, and so long as the City is not disputing any claimed violation, the City shall pay or cause to be paid to BPOZ with the following month’s License Fee, an amount equal to the monthly rate charged by BPOZ to residents using Licensed Spaces for one Licensed Space in the Multifamily Garage. Notwithstanding the grace periods set forth herein, any sublicensee who parks his or her vehicle outside of the Licensed Spaces, in the Licensed Spaces but outside of the authorized dates and times, or otherwise parks in such a way as to materially obstruct drive aisles or prevent or materially impair use of an adjacent stall is subject to having his or her vehicle towed without notice. A copy of the rules in effect as of the date hereof governing use of the Multifamily Garage is attached hereto as Exhibit A, subject to reasonable amendment from time to time, and subject to the limitation that no rule may directly and materially impair the right to utilize the Licensed Areas for the purposes and during the times specified herein (noting that the current rules attached hereto or similar rules shall not be construed to materially impair the right to utilize the Licensed Areas for the purposes or during the times specified herein), violate or contradict any provisions of this Agreement or create or increase any fines or other penalties required hereunder, beyond those customarily charged in commercial suburban parking ramps or garages in first-ring suburbs of Minneapolis and Saint Paul. Any amendment to the rules that sets or increases fees relating to electrical vehicle charging stations, lost fobs, and permits shall bear a reasonable nexus to the increased costs incurred by BPOZ. 11.Notice. Whenever under this Agreement a provision calls for notice of any kind, such notice shall be given in writing, and it shall be deemed sufficient notice if the notice is delivered to the other party at the address set forth below. Each notice or other communication shall be deemed given if sent by prepaid overnight delivery service or by certified mail, return receipt requested, postage prepaid or in any other manner, with delivery in any case evidenced by a receipt, and shall be deemed to have been given on the day of actual delivery to the intended recipient or on the business day delivery is refused. Either party may designate a new address for notice by giving written notice to the other party of such new address. BPOZ’s Notice Address: BPOZ COLUMBIA HEIGHTS, LLC 800 Nicollet Mall, Suite 2850 Minneapolis, MN 55402 Attention: Robert Lux Email: rclux@alatusllc.com 523 Item 13. 7 With a copy to: WINTHROP & WEINSTINE, P.A. 225 South Sixth Street Suite 3500 Minneapolis, MN 55402 Attention: John Stern Email: jstern@winthrop.com City’s Notice Address: CITY OF COLUMBIA HEIGHTS 590 40th Avenue NE Columbia Heights, MN 55421 Attn: City Manager Email: ________________ With a copy to: BARNA, GUZY & STEFFEN, LTD. 200 Coon Rapids Boulevard NW, #400 Coon Rapids, MN 55433 Attn: Timothy Erb Email: terb@bgs.com 12.Assignment. This Agreement and the License granted hereby are personal to the City, do not run with the land and may not be assigned by the City (nor by any of its successors or assigns) except to another governmental entity or a Permitted Affiliate. Any such assignee shall step into the shoes of and be bound as the City under this Agreement as of the date of such assignment. A true, correct and complete copy of any assignment to a governmental entity or a Permitted Affiliate shall be delivered promptly to BPOZ. Any attempted assignment by the City in violation of this Agreement shall be void unless specially consented to in writing by BPOZ. This Agreement shall be assigned by BPOZ to any purchaser of the Multifamily Unit and BPOZ shall inform such Purchaser of this Agreement and provide a copy to such Purchaser to provide such Purchaser with actual notice of this Agreement prior to conveying the Multifamily Unit. 13.Entire Agreement. This Agreement contains the entire understanding and agreement of the parties with respect to the matters set forth herein and may not be amended or otherwise modified except by written instrument signed by both BPOZ and City. Time is of the essence of each and every provision of this Agreement, but either party’s failure to enforce or exercise its rights under any term, condition or covenant of this Agreement shall not be construed as a waiver of such rights or such term, covenant or condition. All recitals and exhibits referred to in this Agreement are incorporated herein by such reference and made a part of this Agreement for all purposes as if they had been set forth in the body of this Agreement. 524 Item 13. 8 14.Severability. If any term or provision of this Agreement is held to be or rendered invalid or unenforceable at any time in any jurisdiction, such term or provision shall not affect the validity or enforceability of any other terms or provisions of this Agreement, or the validity or enforceability of such affected terms or provisions at any other time or in any other jurisdiction. 15.Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. Any litigation or other court proceeding with respect to any matter arising from or in connection with this Agreement shall be conducted in the courts of the State of Minnesota, Anoka County, or the United States District Court for the District of Minnesota, and BPOZ and City each hereby submits to jurisdiction and consent to venue in such courts. 16.Estoppel Certificates. Both parties agree that they will, from time to time upon reasonable prior written request by the other party, execute and deliver to such party and such other parties as the requesting party may reasonably designate, within ten (10) business days following the request therefor, written certification, if true, that: (i) this Agreement is unmodified and in full force and effect (or if there have been modifications, that the same are in full force and effect as modified), (ii) that to the knowledge of the party proving the estoppel certificate there are no defaults under this Agreement (or specifying any claimed defaults), or (iii) certifying as to payments of fees being current (or specifying any claimed deficiency). 17.Prevailing Party. If any litigation or other court action, arbitration or similar adjudicatory proceeding is sought, taken, instituted or brought by BPOZ or City to enforce its rights under this Agreement, the prevailing party will be entitled to recover its fees, costs and expenses, including, without limitation, reasonable attorneys’ fees and court costs. For purposes of this Agreement, a prevailing party is a party who receives substantially the relief sought whether by judgment, summary judgment, dismissal, or otherwise. 18.Counterparts. This Agreement may be executed in multiple counterparts, each of which shall constitute an original instrument, but all of which shall constitute one and the same agreement. Counterparts may be delivered via facsimile, electronic mail (including .pdf or any electronic signature complying with the U.S. federal ESIGN Act of 2000, e.g., www.docusign.com) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. 20297312v10 15056.15 [Signature pages follow] 525 Item 13. 7 IN WITNESS WHEREOF, BPOZ and the City have executed this Agreement as of the Effective Date first above written. OWNER: BPOZ Columbia Heights, LLC, a Delaware limited liability company By: Name: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this _____ day of _______, 20__, by _____________________________, the _________________________ of BPOZ Columbia Heights, LLC, a Delaware limited liability company, on behalf of the company. ___________________________________ Notary Public 526 Item 13. 8 LICENSEE: City of Columbia Heights, a Minnesota municipality By: Name: Its: Mayor By: Name: Its: City Manager STATE OF MINNESOTA ) ) COUNTY OF __________ ) The foregoing instrument was acknowledged before me this _____ day of___________, 20__, by _______________________________, the Mayor of the City of Columbia Heights, a municipality under the laws of Minnesota, for and on behalf of the municipality. ___________________________________ Notary Public STATE OF MINNESOTA ) ) COUNTY OF __________ ) The foregoing instrument was acknowledged before me this _____ day of___________, 20__, by _______________________________, the City Manager of the City of Columbia Heights, a municipality under the laws of Minnesota, for and on behalf of the municipality. ___________________________________ Notary Public 527 Item 13. A-1 EXHIBIT A Rules Governing Use of Multifamily Garage 1.Thirty-eight (38) designated parking stalls on the street level of the Multifamily Garage are reserved for City employees between the hours of 7:30 a.m. and 5:00 p.m. Tenants of the apartment project utilizing such spaces during those hours may be towed. 2.Between the hours of 5:01 p.m. and 7:29 a.m. those same thirty-eight (38) stalls on the street level of the Multifamily Garage are reserved for residents of the apartment project. City employees or others utilizing such stalls during those hours may be towed. 3.Trash and recycling must be disposed of in containers in the Multifamily Garage marked therefor. 4.Motorists must exercise caution when operating motor vehicles in, and upon entering and leaving, the Multifamily Garage. Vehicles should be driven with the lights on and at a reasonable speed commensurate with apparent hazards and the prevailing conditions. A maximum speed of 10 miles per hour is considered reasonable. 5.Horns may not be sounded except as necessary for safe operation. 6.Parking Stalls are designed and intended for use by standard size automobiles only. Parking of oversized vehicles, such as trucks, large sport utility vehicles or the like, may be restricted, prohibited or unavailable. All vehicles shall be parked within the boundaries of striped parking stalls and not needlessly close to adjacent parking stalls. Vehicles may not be parked in such a manner as to interfere with the driving lanes or the ability of others to park or open their vehicle doors. 7.Personal property, including but not limited to, trailers, boats, recreational equipment or “auxiliary” transportation devices, may not be parked or stored in the Multifamily Garage. 8.Access to the Multifamily Garage is via a common garage door utilizing a remote access system. Motorists are asked to take particular care when entering or leaving the Multifamily Garage area, for security reasons. 9.Except for emergency repairs, no mechanical work of any kind may be done in the Multifamily Garage to a motor vehicle. Motorists are responsible for the prompt clean up and removal of any oil, grease, or other fluids spilled or leaked on the garage floor. The cost of any specialized cleaning required will be assessed to the responsible tenant or licensee. 10.Inoperative or unlicensed vehicles or recreational equipment may not be left anywhere in the Multifamily Garage. In the event a vehicle should suddenly become inoperable and be unable to vacate a space shared between the City and the multifamily apartment project, motorists should contact the management agent named below who will allow a reasonable time for the vehicle to be safely towed for service or otherwise repaired. 528 Item 13. A-2 11.Parking in the Garage may be limited during maintenance or repair of the Garage. Motorists are responsible for moving vehicles and any personal items on a temporary basis for Garage maintenance as requested by the owner of the Multifamily Garage or its management agent. 12.All vehicles must be licensed or registered, must have current registration and license tags, as applicable. 13.Violators’ motor vehicles (or other personal property) are subject to towing or removal by the management agent without notice to the owner of the vehicle or personal property. Neither the owner of the Multifamily Garage nor its management agent will be responsible for any cost or damage caused to any vehicle or personal property due to towing or removal. 14.In the event that a fob or permit is lost or stolen, the vehicle’s owner must contact management immediately so the fob or permit can be deactivated. A new replacement fob or permit can be replaced for a fee of $25. 15.Electric Vehicle Charging Stations. a.A motorist who owns a hybrid or electric vehicle that requires charging must connect to the electrical service panel specifically installed for electric vehicles. See the management agent for the electric vehicle policy for procedures and costs for installation and use. b.To use electrical service, outlets, or other fixtures in a Multifamily Garage stall, motorists must obtain prior written approval from the management agent. All costs related to the use of electrical service, outlets, and fixtures are the responsibility of the vehicle’s owner. 16.The management agent can be contacted at: First Service Residential (952) 277-2700 (Telephones Answered 24 Hours a Day) 529 Item 13. M-1 EXHIBIT M FORM OF VOTING AGREEMENT 530 Item 13. VOTING AGREEMENT FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, BPOZ COLUMBIA HEIGHTS, LLC has created a 2-unit condominium located in Columbia Heights, Minnesota for the purpose of housing its multifamily apartment project in one unit and offices to serve as the City Hall for Columbia Heights in the other. As part of the basis of the bargain upon which the sale of one unit to the City of Columbia Heights, a municipality under the laws of Minnesota, nonprofit corporation is based, the undersigned hereby irrevocably agree as follows: 1.The undersigned are all of the members of The Heights Owners Association, a Minnesota nonprofit corporation under the Minnesota Statutes Chapter 317A (the “Association”) by virtue of owning a condominium unit (each a “Unit”) within Common Interest Community No. ___, The Heights, a condominium (the “CIC”), Anoka County, Minnesota, created by the Declaration for Common Interest Community No. ____, The Heights, a condominium, dated ___________, and filed of record with the Anoka County Registrar of Titles on ____________, as Document No. ______________ (the “Declaration”). 2.Irrespective of any provision of Minnesota Statutes Chapter 515B (the “Act”) to the contrary, and in accordance with the Declaration and the articles and bylaws of the Association, the owner of Unit 1 within the CIC (the “Commercial Unit”) shall have the right to appoint one natural person to the board of directors of the Association, and the Owner of Unit 2 within the CIC (the “Multifamily Unit”) shall have the right to appoint two natural persons to the board of directors. Each director shall have equal rights and preferences, all regardless of whether one or more Units is owned by, or owned by an affiliate of, the declarant under the Declaration. 3.In any vote held on whether to allow representatives designated by the declarant or an affiliate of the declarant to hold a majority of seats on the board of directors of said Association, the City will cast its votes in favor of so allowing such representatives to serve. 4.This Voting Agreement and the Declaration and Bylaws are the complete agreements between the undersigned concerning the subject matter hereof, and shall be governed by the laws of the State of Minnesota. 531 Item 13. 5.This Agreement shall automatically terminate and be of no further force or effect as of the date that neither BPOZ Columbia Heights, LLC, nor any of its affiliates, or the City of Columbia Heights, nor any of its affiliates, has a fee interest in a Unit within the CIC. City of Columbia Heights, BPOZ Columbia Heights, LLC, a a Minnesota municipality Minnesota limited liability company By ____________________________ By _____________________________ Its Mayor Its And by ________________________ Its City Manager 20185238v2 15056.15 532 Item 13. N-1 EXHIBIT N FORM OF AGREEMENT REDUCING STATUTE OF LIMITATIONS 533 Item 13. [RESERVED FOR RECORDING DATA] _____________________________________________________________________________ AGREEMENT REDUCING STATUTE OF LIMITATIONS THE HEIGHTS A Condominium Common Interest Community Number [#] This Agreement is made by and between BPOZ COLUMBIA HEIGHTS, LLC, a Delaware limited liability company, as “Transferor”, and the CITY OF COLUMBIA HEIGHTS, a Minnesota municipal corporation, as “Transferee” as of the ___ day of ___________, 20__. In consideration for certain land in Anoka County, Minnesota, conveyed by Transferee and the Columbia Heights Economic Development Authority to Transferor pursuant to the Purchase and Development Contract, Transferor dated ___________, 2020, Transferor, among other things, formed upon said land Common Interest Community No. [#], a Condominium, The Heights (the “CIC”), and, pursuant to a City Hall Transfer Agreement between the parties hereto, dated _________, 2020 (the “Transfer Agreement”), contemporaneously herewith reconveyed to Transferee a unit in the CIC legally described as follows (the “Unit”): See Exhibit A attached hereto and hereby made a part hereof. The CIC is subject to the Minnesota Common Interest Ownership Act codified in Minnesota Statutes Chapter 515B (“MCIOA”). MCIOA §§ 515B.4-112 and 515B.4-113, copies of which are attached hereto as Exhibit B and hereby made a part hereof, impose certain statutory warranties which, under MCIOA § 515B.4- 114, are capable of being waived, modified and/or excluded in transactions involving units restricted to nonresidential uses. NOW, THEREFORE, the parties hereto hereby acknowledge and agree as follows: (1)This Agreement constitutes part of the basis of the bargain for which Transferor has contemporaneously conveyed title to the Unit to Transferee. 534 Item 13. (2)The CIC, and the Units within the CIC, are restricted by the Declaration for Common Interest Community Number ___, The Heights, recorded in the Office of the Registrar of Titles in and for Anoka County, Minnesota as Document No. T__________ to nonresidential uses. Specifically, no part of the CIC may be used for “residential use” as defined by Minnesota Statutes § 515B.1-103(30). (3)Transferor agrees to be bound by the MCIOA Warranties, but only if and to the extent that Transferee commences a legal action for breach of the MCIOA Warranties within one (1) year after the date the cause of action accrues pursuant to MCIOA § 515B.4-1152(c), and any statute of limitations on asserting a claim under the MCIOA Warranties is hereby reduced from six (6) years to one (1) year after such cause of action accrues. Thereafter, the MCIOA Warranties shall have no further force or effect. (4)Any challenge to the foregoing reduction of the statute of limitation by Transferee shall be conclusively deemed a complete waiver of and void all MCIOA Warranties. (5)This Agreement is subject to any further reduction in the statute of limitations as set forth in Section 23 of the Transfer Agreement. (6)This Agreement and the Transfer Agreement constitute the complete agreement between the parties as to the subject matter hereof and supersede any and all other oral or written agreements, negotiations, understandings and representations between the parties as to the same. There are no verbal or written side agreements that change this Agreement. (7)This Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation and effect. (8)This Agreement shall survive the closing of the transfer of the Unit from Transferor to Transferee transaction, shall not merge with the deed given to Transferee, and shall run with the land and be binding on the parties, their successors and assigns. Transferee consents to the recordation of this Agreement with the Registrar of Titles in and for Anoka County, Minnesota. [The balance of this page is intentionally left blank.] 535 Item 13. TRANSFEREE:TRANSFEROR: CITY OF COLUMBIA HEIGHTS BPOZ COLUMBIA HEIGHTS, LLC By: ___________________________ By: Its: Mayor Its: And by: ________________________ Its: City Manager STATE OF MINNESOTA ) ) ss. COUNTY OF__________ ) The foregoing instrument was acknowledged before me this ______ day of ___________________, 20__, by _______________________________ the Mayor of the City of Columbia Heights, Minnesota, a Minnesota municipal corporation, for and on behalf of the municipality. ____________________________________ Notary Public My Commission Expires: _________ STATE OF MINNESOTA ) ) ss. COUNTY OF__________ ) The foregoing instrument was acknowledged before me this ______ day of ___________________, 20__, by _______________________________ the City Manager of the City of Columbia Heights, Minnesota, a Minnesota municipal corporation, for and on behalf of the municipality. ___________________________________ Notary Public My Commission Expires: _________ 536 Item 13. STATE OF MINNESOTA ) ) ss. COUNTY OF__________ ) The foregoing instrument was acknowledged before me this ______ day of ___________________, 20__, by __________________________________________________, the ______________________ of BPOZ Columbia Heights, LLC, a Delaware limited liability company, on behalf of the company. ____________________________________ Notary Public My Commission Expires: _________ THIS INSTRUMENT WAS DRAFTED BY: Winthrop & Weinstine, P.A. 225 South Sixth Street, Suite 3500 Minneapolis, Minnesota 55402-4629 (612) 604-6400 20374878v5 15056.15 537 Item 13. EXHIBIT A Legal Description of Unit Unit No. 1, Common Interest Community No. [#], The Heights Condominium, Anoka County, Minnesota, together with all hereditiments and appurtenances. 538 Item 13. EXHIBIT B MCIOA Warranties 515B.4-112 EXPRESS WARRANTIES. (a) Express warranties made by a declarant or an affiliate of a declarant to a purchaser of a unit, if reasonably relied upon by the purchaser, are created as follows: (1) Any affirmation of fact or promise which relates to the unit; use of the unit; rights appurtenant to the unit; improvements to the common interest community that would directly benefit the purchaser or the unit; or the right to use or have the benefit of facilities which are not a part of the common interest community, creates an express warranty that the unit and related rights and uses will conform to the affirmation or promise. (2) Any model or description of the physical characteristics of a unit or the common interest community, including plans and specifications of or for a unit or other improvements located in the common interest community, creates an express warranty that the unit and the common interest community will conform to the model or description. A notice prominently displayed on a model or included in a description shall prevent a purchaser from reasonably relying upon the model or description to the extent of the disclaimer set forth in the notice. (3) Any description of the quantity or extent of the real estate comprising the common interest community, including plats or surveys, creates an express warranty that the common interest community will conform to the description, subject to customary tolerances. (b) Neither the form of the word "warranty" or "guaranty," nor a specific intention to make a warranty, are necessary to create an express warranty of quality, but a statement purporting to be merely an opinion or commendation of the real estate or its value does not create a warranty. (c) Any conveyance of a unit transfers to the purchaser all express warranties. 515B.4-113 IMPLIED WARRANTIES. (a) A declarant warrants to a purchaser that a unit will be in at least as good condition at the earlier of the time of the conveyance or delivery of possession as it was at the time of contracting, reasonable wear and tear excepted. (b) A declarant warrants to a purchaser that: (1) a unit and the common elements in the common interest community are suitable for the ordinary uses of real estate of its type; and (2) any improvements subject to use rights by the purchaser, made or contracted for by the declarant, or made by any person in contemplation of the creation of the common interest community, will be (i) free from defective materials and (ii) constructed in accordance with applicable law, according to sound engineering and construction standards, and in a workmanlike manner. (c) In addition, a declarant warrants to a purchaser of a unit which under the declaration is available for residential use that the residential use will not violate applicable law at the earlier of the time of conveyance or delivery of possession. (d) Warranties imposed by this section may be excluded or modified only as specified in section 515B.4-114. 539 Item 13. (e) For purposes of this section, improvements made or contracted for by an affiliate of a declarant are made or contracted for by the declarant. (f) Any conveyance of a unit transfers to the purchaser all implied warranties. (g) This section does not in any manner abrogate the provisions of chapter 327A relating to statutory warranties for housing, or affect any other cause of action under a statute or the common law. (h) A development party shall not have liability under this section for loss or damage caused by the failure of the association or a unit owner to comply with obligations imposed by section 515B.3-107, unless the loss or damage is caused by failure to comply with section 515B.3-107 while the declarant controlled the board. 540 Item 13.