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Home My WebLink About01-27-2025 City Council Mtg Packet 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, January 27, 2025 6:30 PM AGENDA ATTENDANCE INFORMATION FOR THE PUBLIC Members of the public who wish to attend may do so in-person, or by using Microsoft 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 The Pledge of Allegiance to the Flag: "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. Black History Month Proclamation. Singing Black National Anthem: Kiki Latham Receiving Proclamation: Wilton Howard & Gabriella Walker. B. Racial Covenant Awareness and Action Day Proclamation. Receiving Proclamation: Michael Corey, Rebecca Gillette, Amelia Palacios of the Mapping Prejudice Project. Website: mappingprejudice.umn.edu 1 City of Columbia Heights AGENDA January 27, 2025 City Council Meeting Page 2 C. World Hijab Day Proclamation. Receiving Proclamation: Islamic Center of Minnesota 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 January 13, 2025 City Council Meeting Minutes. MOTION: Move to approve the January 13, 2025 City Council meeting minutes. 2. Accept November 20, 2024, Sustainability Commission Minutes. MOTION: Move to accept the November 20, 2024, Sustainability Commission minutes. 3. Second Reading of Ordinance No. 1709, an Ordinance to amend Chapter 9 - Land Use: 9.104 Administration and Enforcement, 9.106 General Development Standards, 9.107 Specific Development Standards, 9.110 Commercial Districts, and 9.111 Industrial Districts. MOTION: Move to waive the reading of Ordinance No. 1709, there being ample copies available to the public. MOTION: Move to approve the second reading of Ordinance 1709, being an ordinance to amend Chapter 9 Land Use, 9.104 Administration and Enforcement, 9.106 General Development Standards, 9.107 Specific Development Standards, 9.110 Commercial 2 City of Columbia Heights AGENDA January 27, 2025 City Council Meeting Page 3 Districts, and 9.111 Industrial Districts and direct staff to send the summary ordinance for publication in the legal newspaper. 4. Adopt Resolution 2025-18, Approving PMA Labor Agreement. MOTION: Move to waive the reading of Resolution 2025-18, there being ample copies available to the public. MOTION: Move to adopt Resolution 2025-18, approving the City of Columbia Heights PMA Labor Agreement. 5. Adopt Resolution 2025-19, Approving LELS Sergeant Labor Agreement. MOTION: Move to waive the reading of Resolution 2025-19, there being ample copies available to the public. MOTION: Move to adopt Resolution 2025-19, approving the City of Columbia Heights LELS Labor Agreement. 6. Adopt Resolution 2025 - 020, Appointment of Hearing Examiners. MOTION: Move to waive the reading of Resolution 2025-020, there being ample copies available to the public. MOTION: Move to adopt Resolution 2025-020, appointing City of Columbia Heights Hearing Examiners. 7. Resolution 2025-22, Amending Resolution 2024-103 Awarding a Consulting Contract to Spano Group Advisors LLC. MOTION: Move to waive the reading of Resolution 2025-22, there being ample copies available to the public. MOTION: Move to adopt Resolution 2025-22, being a resolution amending resolution 2024-103 awarding a consulting contract to Spano Group Advisors LLC. 8. Accept the 2024 Pay Equity Report. MOTION: Move to accept the City of Columbia Heights 2024 Pay Equity Report. 9. Purchase Order Authorization for 2025 Newsletter Printing Services. MOTION: Move for approval to authorize staff to process a blanket purchase order for 2025 newsletter printing services. 10. Capital Equipment Replacement of Unit #10: Caterpillar CB2.7 Utility Compactor. MOTION: Move to approve the acquisition of a 2025 Caterpillar CB2.7 Utility Compactor purchased from Ziegler CAT located at 8000 County Rd 101 Shakopee, MN 55379 under the Sourcewell Co-op Contract #060122-CAT for purchase price of $71,548.00, with funding from Streets Capital Equipment Fund 431.3121.45180. 11. Capital Equipment Replacement of Unit #23: FT-12 Felling Trailer. MOTION: Move to approve the purchase of a 2025 FT-12 IT-I Felling Trailer from Lano Equipment, located at 6140 Hwy 10 NW, Anoka, MN 55303. The purchase, priced at $15,781.36, is based on State Contract #T-603(5) #221690 with funding from Streets Capital Equipment Fund 431.3121.45180. 3 City of Columbia Heights AGENDA January 27, 2025 City Council Meeting Page 4 12. Capital Equipment Replacement of Unit 06: Scorpion II MASH Trailer -Mounted Attenuator. MOTION: Move to approve the purchase of a 2025 Scorpion II MASH Trailer-Mounted TL-3 (MnDOT SPEC) from Street Smart Rentals, LLC, located at 6811 137th Ave NE, Columbus, MN 55025. The purchase, price sourced through State Contract #202192, is for a total cost of $32,635.00 with funding from Streets Capital Equipment Fund 431.3121.45180. 13. Accept Bids and Award 2025-2026 Tree and Stump Removal Contract. MOTION: Move to award the 2025-2026 Removal of Trees, Trees and Stumps or Stumps Only on Public and Private Property contract to Nick’s Tree Service Inc. based upon their low, qualified, responsible total quote for tree and stump removal, tree removal only, or stump removal only; and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. 14. Rental Occupancy License for Approval. MOTION: Move to approve the items listed for rental housing license applications for January 27, 2025, in that they have met the requirements of the Property Maintenance Code. 15. License Agenda. MOTION: Move to approve the items as listed on the business license agenda for January 27th, 2025, as presented. 16. Review of Bills. MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 t he City Council has reviewed the enclosed list to claims paid by check and by electronic funds transfer in the amount of $1,749,838.24. 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 17. Approval of Resolution 2025-016 Regarding the Condemnation and Action Toward Removal of Discriminatory Covenants. MOTION: Move to waive the reading of Resolution 2025-016, there being ample copies 4 City of Columbia Heights AGENDA January 27, 2025 City Council Meeting Page 5 available to the public. MOTION: Move to approve Resolution 2025-016, a resolution condemning the use of discriminatory covenants, discharging discriminatory covenants on city-owned property, and approving participation in the Just Deeds coalition 18. First Reading of Ordinance 1710, an Ordinance Amending Cha pter 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 available to the public. MOTION: Move to set the second reading of Ordinance 1710, being an ordinance amending chapter 5a of the Columbia Heights City Code to require the removal of discriminatory covenants before a certificate of property maintenance may be issued , for February, 10th, 2025 at approximately 6:00pm. Bid Considerations No Bid Considerations. New Business and Reports No New Business or Reports. CITY COUNCIL AND ADMINISTRATIVE REPORTS 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 Black History Month: February 2025 The City of Columbia Heights is committed to recognizing and honoring the contributions of all members of our communities. Negro History Week was established in 1926 by Dr. Carter Godwin Woodson as a way to neutralize the deliberate distortion of Black History. This movement grew over the years to Black History Month, to give an objective and scholarly balance in American and World History. The Month of February was selected as Black History Month because it marks the Birth of Frederick Douglas, W.E.B. DuBois, Langston Hughes, and Abraham Lincoln, leaders whose actions greatly impacted the lives of the American Black population. The contributions African Americans made and continue to make to our nation's economic strength as well as to our history, music, arts, national defense from the Revolutionary War to present-day military operations, written words and discoveries, and inventions are often overlooked. On January 1,1863, the Emancipation Proclamation set the United States on the path of ending slavery. On August 28,1963, hundreds of thousands of Americans of all backgrounds joined the March on Washington in pursuit of jobs, justice and freedom to the Memorial of Abraham Lincoln, the author of the Emancipation Proclamation, in pursuit of freedom and equality for all. Despite all the progress, the legacy of slavery and segregation still persists in our nation in the forms of mass incarceration, the school to prison pipeline, racial profiling, educational inequalities, housing and employment discrimination, racism and bias. NOW, THEREFORE, be it resolved that I, Amáda Márquez Simula, Mayor of Columbia Heights, do hereby proclaim the month of February 2025 as Black History Month in the City of Columbia Heights, County of Anoka, State of Minnesota, U.S.A. ________________________________ Amáda Márquez Simula, Mayor January 27, 2025 6 Item A. PROCLAMATION Racial Covenant Awareness and Action Day: February 13, 2025 Discriminatory covenants were used from the early 1900s to the 1960s to prevent people of color and non-Christian individuals from buying or occupying property in certain areas, including in the City of Columbia Heights. These covenants were part of a deliberate system designed to promote residential segregation and perpetuate systemic inequities in housing access. These covenants not only limited where people of color and non-Christian individuals could live but also fortified economic and social disparities by restricting access to property ownership, wealth accumulation, and community resources. The harm caused by these practices has left a lasting legacy, with effects still evident in property values, mortgage eligibility, rental opportunities, and other aspects of community development. Federal policies further exacerbated these inequities. Properties with racial covenants were classified as more desirable by the Federal Housing Administration and the Homeowners’ Loan Corporation, leading to more favorable mortgage rates and increased public and private investment in predominantly white neighborhoods. Meanwhile, neighborhoods without such covenants were neglected, compounding divestment and marginalization. Efforts by civil rights organizations, including the NAACP, challenged these practices, leading to the landmark Supreme Court ruling in Shelley v. Kraemer in 1948, which rendered racial covenants unenforceable. Subsequent legislative actions, such as Minnesota’s 1962 prohibition of these covenants and the 1968 Fair Housing Act, further reinforced the illegality of these practices. Despite these advances, the effects of this history remain ingrained in the social and economic fabric of communities across the nation. The Mapping Prejudice Project has played a critical role in uncovering and documenting the extent of discriminatory covenants in the Twin Cities area, including in Anoka County. By making this history visible, the project encourages communities to confront the ongoing impacts of systemic racism and work toward solutions that promote equity and justice. 7 Item B. The Just Deeds Project complements these efforts by providing free legal and title services to help property owners identify and discharge discriminatory covenants from property titles. This work is vital to fostering education, reconciliation, and the dismantling of systemic barriers that have perpetuated inequality. Citizens of Columbia Heights have the opportunity to engage in initiatives to address this history, including learning about the impact of discriminatory covenants, supporting policies that advance equity and inclusion, and taking action to create a community where all residents can thrive. NOW, THEREFORE, be it resolved that I, Amáda Márquez Simula, Mayor of Columbia Heights, do hereby proclaim February 13, 2025 as Racial Covenant Awareness and Action Day in Columbia Heights, and call upon all members of the community to join in acknowledging this history and participating in efforts to advance racial equity and inclusion. ________________________________ Amáda Márquez Simula, Mayor January 27, 2025 8 Item B. PROCLAMATION Recognizing February 1, 2025, as World Hijab Day The people of Columbia Heights, who come from a variety of backgrounds are united in certain foundational beliefs such as affirming the inherent dignity of all people, the right of every person to be treated with respect, and the right of all citizens to practice their religion freely. The Hijab, a traditional veil which covers a woman’s hair, neck and chest, has been very important to the history of Islam; it is meant to promote dignity and respect for women while maintaining modesty and respect for religious faith. World Hijab Day was started by Nazma Khan, a resident of NJ, as a day set aside for women of different cultures, who do not normally wear the Hijab, to experience wearing one for the day; its purpose is to encourage religious tolerance, cultural understanding and international solidarity. On February 1, 2013, the world celebrated its first annual World Hijab Day in recognition of millions of Muslim women who choose to wear the Hijab and live a life of religious faith. To combat prejudice, leaders in the American Muslim community are working tirelessly to show that the wearing of the Hijab is a choice, a freedom, and a blessing, as well as to educate their fellow citizens about Islam in ways which are relevant and meaningful. NOW, THEREFORE, be it resolved that I, Amáda Márquez Simula, Mayor of Columbia Heights, do hereby proclaim and recognize February 1, 2025, as World Hijab Day in the City of Columbia Heights, County of Anoka, State of Minnesota, U.S.A. ________________________________ Amáda Márquez Simula, Mayor January 27, 2025 9 Item C. CITY COUNCIL MEETING Mayor Amáda Márquez Simula Councilmembers Connie Buesgens Laurel Deneen Rachel James Justice Spriggs City Manager Aaron Chirpich City Hall—Council Chambers, 3989 Central Ave NE Monday, January 13, 2025 6:00 PM MINUTES The following are the minutes for the Meeting of the City Council held at 6:0 7 pm on Monday, January 13, 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 6:07 pm. Present: Mayor Márquez Simula; Councilmember Buesgens; Councilmember Deneen; Councilmember Spriggs; Councilmember James Also Present: Andrew Boucher, City Planner; Aaron Chirpich, City Manager; Sara Ion, City Clerk; Sulmaan Khan, Assistant City Engineer; Scott Lepak, City Attorney; Dean Beyer, City resident; John Connelly, Twin Cities North Chamber of Commerce; Scott Fergus, Brick by Brick CEO 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 The Pledge of Allegiance to the Flag: "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 Buesgens, seconded by Councilmember James, to approve the Agenda as presented. All Ayes, Motion Carried 5-0. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Oath of Office: Mayor Márquez Simula, Councilmember Buesgens, Councilmember Deneen. City Clerk Ion conducted the Oath of Office for Mayor Márquez Simula, Councilmember Buesgens, and Councilmember Deneen Mayor Márquez Simula acknowledged the devastating wildfires impacting communities in the Los Angeles area. She encouraged people to keep their safety and recovery in mind during this difficult time. 10 Item 1. City of Columbia Heights MINUTES January 13, 2025 City Council Meeting Page 2 B. Martin Luther King Jr. Day Proclamation. Mayor Márquez Simula proclaimed January 20, 2025, as Martin Luther King Jr. Day and read the City’s proclamation. C. Presentation from John Connelly Twin Cities North Chamber of Commerce. Twin Cities North Chamber of Commerce John Connelly explained that the Chamber of Commerce represents a wide variety of industries which allows there to be many perspectives and voices. The committee structure includes four different groups. The Ambassador group helps welcome businesses into the community. The Twin Cities North Chamber of Commerce is involved with other task forces and has a marketing committee that generates ideas on how to promote Columbia Heights. He added that they get involved with public policy on a local level. Mr. Connelly summarized what happened over the last year with the Twin Cities North Chamber of Commerce. Throughout the year, membership increased incrementally. There was also growth and engagement. He noted that Columbia Heights has good business attendance because the Columbia Heights Staff communicates well. Mr. Connelly reviewed the new initiatives which include the Drive for Five Grant which helps promote workforce and careers in manufacturing specifically. He added that they are involved with Green to Go which is an initiative that works with a template for compostable recycling. In addition, they work to encourage young professionals to collaborate with them. They initiated a broad social media campaign by expanding on Meta and LinkedIn. Mr. Connelly explained the Chamber is involved with ribbon -cutting events for grand opening events for businesses. He added that they like to engage with leverage with stakeholders. He noted that there is a workforce job fair that will be on April 9th with Anoka County. He explained that they like to share vital information with all businesses that are residing in the area through newsletters, business councils, regular communications and invites, and some select public policy forums. He stated that the Chamber does what they do to enhance the business community, and quality of life, and make people feel more welcomed. He added that they doing something called Certificates of Origin which is a process where businesses can validate their certificate of origin which is required for exporters to other countries. It validates where the product was produced. Mr. Connelly mentioned that the Commerce puts on a Holiday Social in December each year. The event raises funds for local food shelves including SACA. He encouraged community members to visit twincitiesnorth.org to find additional resources and information. He thanked the Council for their partnership. Mayor Márquez Simula asked when the next meeting would be. Mr. Connelly replied that the next chamber meeting is on March 7th. Mayor Márquez Simula asked where the meetings take place. 11 Item 1. City of Columbia Heights MINUTES January 13, 2025 City Council Meeting Page 3 Mr. Connelly replied at City Hall in Columbia Heights. Mayor Márquez Simula mentioned that everyone is welcome to attend the meeting. COMMUNITY FORUM Dean Beyer, City resident, explained that he had an incident last week and emailed the details to all of the Councilmembers. He mentioned that he received a reply from the City Attorney and City Manager. He explained that he feels as though he does not have an elected official that he can turn to. He added that citizens do not know how quickly their lives can turn around simply by walking their dogs and being victimized. He added he was victimized again by the police. He noted that he would not go into the details of the incident by mentioned that it has been a nightmare for him and for his dog. He explained that his dog almost died. Mr. Beyer noted that there needs to be more training for the police and an independent agency or department to receive and investigate complaints. He pointed out that no one was willing to meet with him. He had to make numerous calls and went to the police station and no one would meet with him. It took six days until he heard from Police Chief Markham. He explained that he broke down due to the stress of being charged with a misdemeanor. He added Police Chief Markham noted it was only a misdemeanor but he has had a clean record his whole life and does not want any charges under his name. He stated he went to the neighborhood where the incident occurred and asked neighbors if they had ring doorbell footage of the incident. He was able to find a phone recording from a woman in the neighborhood. He explained that he felt there would have been a different outcome if Officer Yang had simply spoken to the woman to get a third-party witness. He added he was in the street because he was trying to get away from the car, while also holding his dog and answering questions on the phone to the police. He sent the video to the Police Captain. The Police Captain replied that Mr. Beyer had put himself in harm's way and refused to investigate. After officers interviewed the third party witness, they put into the police report that Mr. Beyer was in the middle of the street with no additional details. Mr. Beyer reiterated that he has not had an issue with the police but believes he is having issues because he filed a complaint and questioned their tactics and lack of investigation. He added that it will cost a minimum of $3,500 to hire an attorney. He mentioned that if he was guilty he would not go to the lengths to find the video or call the police repeatedly. He explained that the individual who almost hit him with a vehicle chased him for a block and had a camera in front of his home. If the individual really thought Mr. Beyer had done something he would have brought the footage to the police. He expressed his concern about not being protected by the police since they did not protect him during the incident. He asked police how he could protect himself and they replied that he should walk a different route or buy a body camera. He reiterated that there needs to be a third-party agency to vet the complaints. Mr. Beyer mentioned that the individual who tried to hit him with a car followed him, harassed him, and tried to intimidate him. He explained he called the police and the police spoke to the individual. The individual said that Mr. Beyer had done the same to him and therefore there were no actions taken to fix the issue. He added that the individual has convictions for violent assaults. Mayor Márquez Simula explained that the Council is not allowed to respond during the Community Forum portion of the meeting. The Council is not allowed to get involved in civil matters. She added 12 Item 1. City of Columbia Heights MINUTES January 13, 2025 City Council Meeting Page 4 that she read Mr. Beyer’s emails and it is her job to stay informed and to make sure people are following up properly. She expressed her understanding of how stressful the situation is. City Manager Chirpich explained that the City Council meeting is not a place to be able to discuss open criminal matters. He added that they have to follow policies in the criminal justice system. The Council has been informed, but there are no further comments from the City. Mr. Beyer asked if he needed to take care of the issue in the courts with Anoka County. City Manager Chirpich agreed and noted that it is a third-party process. There are internal checks and balances with claims and officer conduct that is reviewed through his office with the City Attorney. He added that they look into complaints and take them seriously. Mayor Márquez Simula explained that during the Community Forum, the City cannot give advice or respond since they have to make sure the comments Staff and Councilmembers make adhere to the City standards. Once there are civil cases happening, the Council cannot get involved a nymore. Mr. Beyer mentioned that he hoped that City Staff would get together behind the scenes to discuss how they feel about what is going on and what they could do differently so that no one else would have to go down the same path he is going through. Mayor Márquez Simula replied that the goal of the Community Forum is to listen and then take steps moving forward. Mr. Beyer asked if he would receive a follow-up from City Manager Chirpich. City Manager Chirpich replied that he would be happy to follow up if Mr. Beyer had specific questions. He added that there may be limited information due to the active criminal matter. CONSENT AGENDA Motion by Councilmember Deneen, seconded by Councilmember Springs, to approve the Consent Agenda as presented. All Ayes, Motion Carried 5-0. 1. Approve December 9, 2024 City Council Meeting Minutes. MOTION: Move to approve the December 9, 2024 City Council meeting minutes. 2. Approve January 6, 2025 City Council Work Session Meeting Minutes. MOTION: Move to approve the January 6, 2025 City Council Work Session meeting minutes. 3. Accept December 4, 2024 Library Board Minutes. MOTION: Move to Accept the Library Board minutes from December 4, 2024. 4. Accept July 18, 2024 Charter Commission Meeting Minutes. MOTION: Move to accept the July 18, 2024 Charter Commission Meeting minutes. 5. Accept December 2nd 2024, Regular EDA Meeting Minutes. MOTION: Move to accept the December 2nd 2024, EDA meeting minutes. 13 Item 1. City of Columbia Heights MINUTES January 13, 2025 City Council Meeting Page 5 6. Accept Summary of City Manager 6 Month Performance Appraisal. MOTION: Move to accept the City Manager 6 Month Performance Appraisal Summary that was reviewed on 1/6/2025. 7. Designation of Legal News Paper for 2025. MOTION: Move to designate Life as the City of Columbia Heights official legal newspaper for 2025. 8. Consideration of Resolution 2025-01, Designating Official Depositories for the City of Columbia Heights. MOTION: Move to waive the reading of Resolution 2025-01, there being ample copies available to the public. MOTION: Move to adopt Resolution 2025-01, being a resolution designating official depositories for the City of Columbia Heights. 9. Consideration of Resolution 2025-02, Accept Certain Donations Received by the City of Columbia Heights. MOTION: Move to waive the reading of Resolution 2025-02, there being ample copies available to the public. MOTION: Move to adopt Resolution 2025-02, being a resolution accept certain donations received by the City of Columbia Heights. 10. Adopt Resolution 2025-03, Designating City Council Liaison and Council President Appointments for 2025. MOTION: Motion to waive the reading of Resolution 2025-03, there being ample copies available to the public. MOTION: Move to adopt Resolution 2025-03, Appointing Liaisons to City Boards & Commissions and External Boards. 11. Adopt Resolution 2025-04, Approving the Council Handbook for 2025. MOTION: Motion to waive the reading of Resolution 2025-04, there being ample copies available to the public. MOTION: Move to adopt Resolution 2025-04, Approving the Council Handbook for 2025. 12. Adopt Resolution 2025-05 Establishing Senior Citizens or Retired and Disabled Persons Hardship Special Assessment Deferral. MOTION: Move to waive the reading of Resolution No. 2025-05 there being ample copies available to the public. MOTION: Move to adopt Resolution No. 2025-05 being a resolution establishing a new maximum income of $50,200 for Senior or Retired and Disabled Persons to be eligible for special assessment deferral. 13. Award of Professional Services for Alley Reconstruction Design For 2025 Concrete Alley Construction Project. MOTION: Move to approve the proposal for Design Services for 2025 Concrete Alley 14 Item 1. City of Columbia Heights MINUTES January 13, 2025 City Council Meeting Page 6 Construction with Bolton & Menk, Inc. for an estimated cost of $21,500.00 appropriated from Fund 415.6400.43050.2506. 14. Approval of Public Works Blanket Orders for 2025 Purchases. MOTION: Move for approval to authorize staff to process blanket purchase orders in an amount not to exceed the 2025 budget amounts for: De-icing salt for salt/sanding operations purchased off the State of Minnesota Purchasing Contract. Fuel (unleaded and diesel) for City vehicles from the State of Minnesota Purchasing Contract and the Anoka County Cooperative Agreement. Bituminous asphalt for patching/paving city streets and alleys from Martin Marietta Materials, or City of St. Paul, or T.A. Schifsky & Son’s. Curb stop and service repairs for delinquent accounts and foreclosed properties 15. Minor Subdivision (Lot Line Adjustment) 4827 and 4833 University Avenue NE. MOTION: Move to waive the reading of Resolution 2025-011, there being ample copies available to the public. MOTION: Move to approve Resolution 2025-011, a resolution approving a Minor Subdivision for the properties located at 4827 and 4833 University Avenue NE, within the City of Columbia Heights, Minnesota, subject to certain conditions stated in the resolution. 16. Adopt Resolution 2025-12, Approving AFSCME Labor Agreement. MOTION: Move to waive the reading of Resolution 2025-12, there being ample copies available to the public. MOTION: Move to adopt Resolution 2025-12, approving the City of Columbia Heights IUOE Labor Agreement. 17. Adopt Resolution 2025-13, Approving IUOE Labor Agreement. MOTION: Move to waive the reading of Resolution 2025-13, there being ample copies available to the public. MOTION: Move to adopt Resolution 2025-13, approving the City of Columbia Heights IUOE Labor Agreement. 18. Adopt Resolution 2025-14, Approving IAFF Labor Agreement. MOTION: Move to waive the reading of Resolution 2025-14, there being ample copies available to the public. MOTION: Move to adopt Resolution 2025-14, approving the City of Columbia Heights IAFF Labor Agreement. 19. Authorization for the Submittal of a CDBG Application for the Sullivan Lake Fitness Court Project. MOTION: Move to waive the reading of Resolution No. 2025 -15, there being ample copies 15 Item 1. City of Columbia Heights MINUTES January 13, 2025 City Council Meeting Page 7 available to the public. MOTION: Move to adopt Resolution No. 2025-15, a resolution authorizing the submittal of the 2025 Community Development Block Grant Application to Anoka County. 20. Approval of Police Department Purchase and Installation of Axon Squad Video Devices. MOTION: Move to authorize the Police Chief to enter into an agreement for squad Axon cameras for 5 years for a total of $111,650.40 and to purchase installation from Guardian Fleet for $10,500. Police Chief Markham explained that this item is a five-year contract for Axon that will provide dash cam and camera over the prisoner in the backseat of the squad cars. He added that they have not had dash cameras for 15 years because they gave them up to have body cameras. This will help improve accountability. 21. Police Department Purchase and Outfit Police Vehicles. MOTION: Move to authorize the purchase of two 2025 Ford Utility vehicles as patrol vehicles and one 2025 Ford Mustang Mach E as an unmarked admin squad. Also budgeting of $88,126 for the outfitting and setting up of these vehicles for patrol and one unmarked. All vehicles to be purchased under the State of MN Cooperative Purchasing Venture (CPV) at a total cost of $226,850 Police Chief Markham noted that this was the same as the capital budget that was presented to the Council and voted in December. The item was simply for the Council to vote for approval to authorize the purchase. 22. Rental Occupancy Licenses for Approval. MOTION: Move to approve the items listed for rental housing license applications for January 13, 2025, in that they have met the requirements of the Property Maintenance Code. 23. License Agenda. MOTION: Move to approve the items as listed on the busines s license agenda for January 13th, 2025, as presented. 24. 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 $2,546,000.54. PUBLIC HEARINGS 25. First Reading of Ordinance No. 1709, an Ordinance to Amend Chapter 9 - Land Use: 9.104 Administration and Enforcement, 9.106 General Development Standards, 9.107 Specific Development Standards, 9.110 Commercial Districts, and 9.111 Industrial Districts. City Planner Boucher stated at the December Planning Commission Workshop, Staff and the Planning Commission discussed potential amendments and updates to City Zoning 16 Item 1. City of Columbia Heights MINUTES January 13, 2025 City Council Meeting Page 8 Code – Chapter 9 Land Use based on observations, feedback, and recommendations from staff and community members to provide more flexibility in the Zoning Code that reflect the needs of the community while encouraging consistency as future development occurs. City Planner Boucher explained the proposed amendments are as follows: 1. Amending 9.104 Administration and Enforcement (I) to change Interim Use Permit to Zoning Review Permit and including over-height fences, seasonal sales stands, accessory structures under 200 sq. ft., and parking/impervious surface additions to be reviewed administratively as well as establishing a permit for Accessory Dwelling Units. 2. Amending 9.106 General Development Standards to reduce the minimum required parking for two-bedroom or more dwelling units to 2 spaces per unit with one of these being enclosed. Also including language to (e) Calculating space to allow: “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.” 3. Amending 9.106 General Development Standards to include language under the Dwellings section to contain habitable space based on the adopted MN Building Code. 4. Amending 9.107 Specific Development Standards to require a sound study as a specific condition for car washes as well as considering adding the minimum of one acre of property to this use along with recreational vehicle sales. 5. Amending 9.110 Commercial Districts and 9.111 Industrial Districts to remove fences greater than six feet in height from conditional uses to permitted accessory use, adjusting General Business (GB) to move minor automobile and motorcycle repair and car washes from permitted uses to conditional uses, along with consignment/secondhand stores from conditional uses to permitted use s. In I-1 and I2 Districts, major and minor automobile repair is proposed to be changed from permitted to conditional uses. City Planner Boucher explained 9.104 Administration and Enforcement - Interim Uses are no longer applicable in the Zoning Code as there are no uses at this point that would require an Interim Use Permit. Staff proposes a zoning text amendment to replace Interim Uses with a Zoning Review Permit. This would allow for certain items such as over-height fences, seasonal sales stands, accessory structures under 200 sq. ft., and parking/impervious surface additions to be reviewed administratively as well as establishing a process for Accessory Dwelling Units to ensure compliance with the owner/occupancy deed restriction and rental licensing. City Planner Boucher noted 9.106 General Development Standards include an amendment to (3) Accessory Dwelling Units (h) to reflect the requirement of habitable space based on the adopted MN Building Code. Other sections of 9.106 proposed to be amended inclu de 17 Item 1. City of Columbia Heights MINUTES January 13, 2025 City Council Meeting Page 9 establishing a one (1) off-street parking space requirement for Accessory Dwelling Units and amending the two-bedroom or larger unit parking requirement from two enclosed spaces to one enclosed space. Many multi-family developments proposed within the City are handled as PUDs rather than proceeding by right or requiring only rezoning. This prompted discussion about whether the City’s current parking standards are too restrictive or unattainable, warranting a potential review and adjustment. Frequent reli ance on PUDs for relatively straightforward redevelopments—such as single-parcel, single-use residential projects—raises concerns about whether the existing standards reflect the City’s goals and practical realities. City Planner Boucher mentioned 9.107 Specific Development Standards include requiring a sound study as a specific condition for car washes and adding the minimum of one acre of property to the car wash use along with recreational vehicle sales. 9.110 Commercial Districts and 9.111 Industrial Districts include removing fences greater than six feet in height from conditional uses to permitted accessory uses as well as adjusting General Business (GB) to move minor automobile and motorcycle repair and car washes from permitted uses to conditional uses along with consignment/secondhand stores from conditional uses to permitted uses. In I-1 and I-2 Districts, major and minor automobile repair could have changes from permitted to conditional uses. City Planner Boucher reviewed the findings of fact which include: a) The amendment is consistent with the comprehensive plan. The City’s 2040 Comprehensive Plan identifies strengthening the identify and image of the community as a desirable place to live, work, and play as well as preserving and enhancing the existing viable commercial and industrial areas within the community. The zoning code amendments proposed will help achieve more consistency with the 2040 Comprehensive Plan. b) The amendment is in the public interest and is not solely for the benefit of a si ngle property owner. The zoning text amendments are in response to concerns expressed by residents over commercial businesses and ensuring consistency across zoning districts. c) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The amendment is not to change the zoning classification of a particular property. d) Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. The amendment is not to change the zoning classification of a particular property. 18 Item 1. City of Columbia Heights MINUTES January 13, 2025 City Council Meeting Page 10 Mayor Márquez Simula opened the public hearing. There were no public comments. Motion by Councilmember Buesgens, seconded by Councilmember Deneen, to close the hearing and waive the reading of Ordinance No. 1709, there being ample copies available to the public. Councilmember Deneen thanked City Planner Boucher and the Planning Commission for the work they have done to clean up the Zoning Ordinances and to make them applicable to what is going on today. She added they have engaged the community and took input into account. All Ayes, Motion Carried 5-0. Motion by Councilmember Buesgens, seconded by Councilmember James, to set the second reading of Ordinance 1709, being an ordinance to amend Chapter 9 - Land Use: 9.104 Administration and Enforcement, 9.106 General Development Standards, 9.107 Specific Development Standards, 9.110 Commercial Districts, and 9.111 Industrial Districts, in the City of Columbia Heights for January 27, 2025 at approximately 6:00 pm. Councilmember Buesgens expressed her excitement about adding sound studies for car washes and changing minor repairs to conditional use permits. She thanked Staff for using the Planning Commission during their downtime to update the Code. Councilmember James expressed her appreciation for the flexibility for parking. City Planner Boucher thanked Councilmember Deneen for her contributions to the Planning Commission. Councilmember Spriggs agreed with the previous comments. He added that the City is landlocked and is trying to utilize the space. The parking standards will provide more flexibility. Mayor Márquez Simula applauded Staff for taking the initiative to look at the City Code and update it with the future in mind. All Ayes, Motion Carried 5-0. ITEMS FOR CONSIDERATION Ordinances and Resolutions 26. Consideration of Rental License Exemptions for the Following Properties: 1122 40th Avenue NE, 1234 44th Avenue NE, 1426 Parkview Ln NE, 3912 Tyler Street NE. City Planner Boucher stated on December 18, 2024, Eric Gentry and Scott Fergus of Brick by Brick – B3 (CAG Minnesota Fund II, LLC), reached out to the Community Development Department. In September 2024, the applicant took ownership of ten single-family properties in the City of Columbia Heights through a bulk acquisition of 345 vacant and 19 Item 1. City of Columbia Heights MINUTES January 13, 2025 City Council Meeting Page 11 occupied single-family residential properties in the seven-county Metro region from a national private equity fund that was facing legal action from the Minnesota Attorney General. City Planner Boucher explained CEO – Scott Fergus describes Brick by Brick Training and Development as a non-profit corporation with offices in Minneapolis and a mission to increase affordable housing as a means to build generational wealth for area residents with an emphasis on families at or below area median income, marginalized communities, and first-generation homebuyers. B3, the non-profit corporation, built a coalition of local partners, banks, and community land trusts to preserve vacant properties and create affordable homeownership opportunities. The organization focuses on connecting tenan ts to homeownership by selling properties that become voluntarily vacant as affordable owner-occupied housing and not re-leasing these. City Planner Boucher mentioned Mr. Fergus also states that one of the key outcomes desired is that none of the tenants are displaced as most of the tenants have been on month-to-month leases that were provided by the prior landlord. The company seeks to offer annual leases to tenants if desired to provide additional stability in their housing choice and time to work towards a shared goal of homeownership. City Planner Boucher noted Staff determined that the ten properties acquired were subject to Time-of-Sale inspections prior to the transfer of the properties as well as being subject to the single-family rental density cap, these properties are addressed as: 1. 1122 40th Avenue NE (Block #226: allotted four rentals and there are eight existing rentals) 2. 1234 44th Avenue NE (Block #200: allotted seven rentals and there are 12 existing rentals) 3. 1426 Parkview Ln NE (Block #180: allotted two rentals and there are four existing rentals) 4. 3912 Tyler Street NE (Block #229: allotted five rentals and there are seven existing rentals) 5. 4205 Jefferson Street NE 6. 4407 Madison Street NE 7. 4516 5th Street NE 8. 221 Forest Dr NE 9. 4241 4th Street NE 10. 4427 Monroe Street NE. City Planner Boucher noted after meeting with the applicants, staff determined that six of the properties were on blocks eligible for single-family rental licenses, and that Time-of- Sale applications/inspections could be submitted and conducted concurrently along the initial rental inspections. At the time of this report, all six of the properties labeled (5 - 10) have complete applications for Time-of-Sale and the Initial Rental Inspections submitted, 20 Item 1. City of Columbia Heights MINUTES January 13, 2025 City Council Meeting Page 12 fees for the rental inspections paid, and the initial inspections scheduled with the latest date being 1/15/2025. City Planner Boucher stated the other four properties were determined to be on blocks exceeding the single-family rental density cap and staff presented a series of options on how to proceed: 1. If the properties are sold, then each of the four will require completed Time-of-Sale applications, fees, and inspections to receive the Certifica te of Property Maintenance prior to the properties being transferred. 2. Potential for partnership between B3, the City, and Habitat for Humanity to turn these homes into affordable homeownership opportunities as both the City and B3 have prior project experience with Habitat for Humanity. 3. Requesting rental density exemption applications for consideration by the City Council to pursue temporary rental licensing for a one-year period, not to exceed two consecutive years for the same properties. City Planner Boucher explained Section 1 of Ordinance 1685, which established the single- family rental density cap, states that a property owner may request a temporary license to allow an additional rental property for that block. As it is the homeowners’ right to appe al to the Council. Staff brought forth the appeal along with supporting documents for discussion and review. City Planner Boucher noted if approved, Resolution 2025-007 (1122 40th Avenue NE); 2025-008 (1234 44th Avenue NE); 2025-009 (1426 Parkview Ln NE); and 2025-010 (3912 Tyler Street NE) would grant temporary rental license exemptions to the homeowner with a few additional requirements. The homeowner is required to complete the license application process within three months from the passage of the resolution. This puts a limit on how long they can take to bring the houses into rental compliance if needed. The temporary rental license will be valid for one year from the date that the license is approved. This provides the homeowner and tenant the ability to rent the home for a full one-year lease. Prior to the end of the term of the temporary license, the persons requesting a temporary license must make an annual application to the City. No property owner shall hold a temporary rental license for the same property for more than two consecutive years. Community Development Director Forney noted that the previous owner was forced to sell by the Attorney General of Minnesota which is how they acquired the properties. Other groups they have partnered with are Habitat for Humanity, Pride and Living, and the Greater Metro Housing Foundation. CAG is the fund to purchase the property, while Brick by Brick is the nonprofit organization that operates the fund. Brick by Brick CEO Scott Fergus explained it has been great to work with the City Staff. He explained that the prior owner was in active litigation with the Attorney General. They knew that the best outcome would be for the pr ivate equity fund to sell the properties. He explained that they are a non-profit that has done work nationally and have made large 21 Item 1. City of Columbia Heights MINUTES January 13, 2025 City Council Meeting Page 13 purchases all for affordable housing. The primary goal is homeownership because it is the key to generational wealth. He noted that their asset manager’s job is to reach out to tenants. The properties have gone through three prior owners. The tenants mentioned that it was the first time they have ever been contacted by an owner. All the vacant properties that have been purchased would not be released because they are going to be repaired and sold as owner-occupied housing. He added that rental properties would also not be released after tenants leave because they will be repaired and sold as owner-occupied housing. The biggest goal is to reach out to the tenants to see if they have any desire to own the property that they are living in. They offer tenants an opportunity to meet with a homebuyer counseling agency and downpayment assistance sources. Mr. Fergus explained that six of the properties meet the City’s application standards and four do not. He asked the Council to approve the exception because it would allow a more orderly next step for tenants. As the properties become vacant, they will be following their goals to repair and sell the property. Councilmember Buesgens asked if Brick By Brick was filed as a non-profit in Minnesota or another state. Mr. Fergus replied it is filed in New Jersey but has offices in Minnesota. Councilmember Buesgens asked if the four houses up for exemption were currently vacant. Mr. Fergus replied that they were not. Councilmember Buesgens asked when the properties were purchased. Mr. Fergus replied on September 27, 2024. Councilmember Buesgens asked if he was aware of the density restriction at the time. Mr. Fergus replied that he was not. City Planner Boucher explained that they had purchased 345 properties in MN and it was a result of the Minnesota Attorney General’s enforcement action against the rental company. Mr. Fergus added that there were no realtors involved. Councilmember Buesgens mentioned that the seller was HavenBrook. She added that many residents were concerned about 21 families who almost lost their homes. Minnesota Attorney General told HavenBrook that they had to leave the State which is why they were selling the homes. Councilmember Buesgens asked if there was a contract for renters to rent to own. Mr. Fergus replied they do not do that. Councilmember Buesgens expressed her concern that sometimes the agreements can go sideways and the renter can get the shaft because they put money in and then the owner changes their mind. She encouraged them to have a contract so that renters know what the parameters are. Mr. Fergus explained when tenants are willing and able to buy the property, they are connected to community groups that help with the purchasing process. He added that it is not a rent-to-own situation. Instead, the tenant is a renter and then offered to become an owner and Brick by Brick provides them enough time to go through buyer counseling and downpayment assistance. Councilmember Buesgens asked how easy it would be for Staff to do option two if the exemption did not go through. Community Development Director Forney replied the 22 Item 1. City of Columbia Heights MINUTES January 13, 2025 City Council Meeting Page 14 second option would happen at the same time. The exemption is still needed to give the process time to go through and for any partnership to develop. Councilmember Buesgens explained that the rental exemption is only for one year, and if the tenants are still there the property will need to sell after two years. Mr. Fergus noted that the tenants do not understand this yet, but they will be in communication with them. Mr. Fergus explained that the second option would not be possible right now because there are tenants living in the properties. He noted that they work well with other habitat affiliates. In order to get to that step, they need to have vacant properties. Councilmember James explained that she hoped that tenants would be connected to the Neighborhood Association for Counseling so they could get HUD-approved counseling. She added that through the next one to two years she would hope that they would be in contact with the residents and do the inspections. She expressed her excitement for it to move forward. Mayor Márquez Simula mentioned that there are monthly leases, but many of the tenants stay for years. She appreciated that they would offer them year leases. She expressed her hurt when there were 21 homes that had issues with HavenBrook because it was a hardship for the community. She mentioned that the communication with the tenants will help the communication with the landlord. She added that it is a great movement forward considering what has been in the past. She stated she would vote in favor. Councilmember Spriggs asked if there was an equation that was used for the home list price. Mr. Fergus replied that the sell price would be at the market value. He explained Natural Occurring Affordable Housing (NOAH). The average value of a house in the area is $270,000. Improvements are included when the house is sold. He explained that downpayment assistance and nonprofit homebuyer counseling, it allow a more sustainable approach for homeowners. Another reason why selling it at market value is important is that the values of the other homes in the communities stay where they are or they increase. Mayor Márquez Simula clarified that it would still be market rate, but there would be resources to allow a family to be able to afford it. Councilmember Deneen expressed her excitement about the program. She added that she likes that there is an emphasis on education and providing resources for people who are already renting the buildings. Councilmember Buesgens asked who would be managing the rental properties. Mr. Fergus replied that they have a third-party management company called PURE Property Management. Councilmember Buesgens asked what their ratings were. Mr. Fergus replied that they are a national property management company. Councilmember Buesgens asked if they were responsive. Mr. Fergus replied that they are very responsive. Councilmember Buesgens asked if tenants would have access to an owner, or the ownership group in case they have an issue. Mr. Fergus replied that they would. He explained that their management structure includes a property manager who does the typical tasks of a 23 Item 1. City of Columbia Heights MINUTES January 13, 2025 City Council Meeting Page 15 property manager. He noted that they do not believe that the property manager should be the voice of the owner because it becomes confusing for a tenant and do not feel like they are being heard. There is a team member who calls each of the tenants to let them know they can contact them if the property manager is unresponsive. The team member is part of the management team that oversees the property manager. Councilmember Buesgens asked if their organization was set up for renters to rent for 30 years instead of purchasing the home. Mr. Fergus replied that it was. Councilmember Buesgens asked if the property is sold as affordable housing or back-to- market rate. Mr. Fergus replied that there are no deed restrictions and no requirements. Councilmember Buesgens asked if a tenant who was a property owner decided to sell the property in ten years if it would remain affordable or go back to market -rate. Mr. Fergus replied that it depends on the financing of the borrower or what the homeowner brings to the table. Motion by Councilmember Spriggs, seconded by Councilmember Deneen, to waive the reading of Resolutions 2025-007, 2025-008, 2025-009, 2025-010, there being ample copies available to the public. All Ayes, Motion Carried 5-0. Motion by Councilmember Spriggs, seconded by Councilmember Buesgens, to adopt Resolution 2025-007, a Resolution of the City Council of the City of Columbia Heights approving the single-family rental exemption request for the rental application at 1122 40th Avenue NE, Columbia Heights, MN 55421. All Ayes, Motion Carried 5-0. Motion by Councilmember Spriggs, seconded by Councilmember James, to adopt Resolution 2025-008, a Resolution of the City Council of the City of Columbia Heights approving the single-family rental exemption request for the rental application at 1234 44th Avenue NE, Columbia Heights, MN 55421. All Ayes, Motion Carried 5-0. Motion by Councilmember Spriggs, seconded by Councilmember Deneen, to adopt Resolution 2025-009, a Resolution of the City Council of the City of Columbia Heights approving the single-family rental exemption request for the rental application at 1426 Parkview Ln NE, Columbia Heights, MN 55421. All Ayes, Motion Carried 5-0. Motion by Councilmember Spriggs, seconded by Councilmember Buesgens, to adopt Resolution 2025-010, a Resolution of the City Council of the City of Columbia Heights approving the single-family rental exemption request for the rental application at 3912 Tyler Street NE, Columbia Heights, MN 55421. All Ayes, Motion Carried 5-0. 27. Consideration of a Complete Streets Policy. City Planner Boucher stated over the past year, Staff in the Community Development and Engineering/Public Works Departments collaborated with the City’s Sustainability Commission and Minnesota Department of Transportation to develop a Complete Streets Policy. This effort included creating and refining multiple versions through small group meetings with staff and commission members, as well as focused workshops with experts 24 Item 1. City of Columbia Heights MINUTES January 13, 2025 City Council Meeting Page 16 from MN DOT and the Minnesota Pollution Control Agency. The policy received a positive recommendation from the Sustainability Commission during their November 2024 meeting before moving to the December 2024 Council Work Session. City Planner Boucher mentioned Complete Streets and Safe Routes to School were identified as priorities in Chapter 6 – Transportation of the City’s 2040 Comprehensive Plan. These are defined as roadways designed to accommodate all users— pedestrians, bicyclists, vehicles, and transit—regardless of age or ability. Currently, the City has not established a policy for Complete Streets, which is a requirement to achieve Step 3 in the GreenStep City program. These guidelines provide a framework and design philosophy for both private and public projects that can be incorporated into future updates to the City Zoning Code, Design Guidelines, and any other applicable policies and procedures. City Planner Boucher noted to inform the policy’s development, staff and the Sustainability Commission reviewed Complete Streets policies adopted by cities in Greater Minnesota and the seven-county metro area. Additional resources included toolkits from the Minnesota Complete Streets Coalition and Smart Growth America. The draft policy was carefully evaluated against these toolkits to ensure it prioritizes context-specific solutions tailored to the City’s needs. City Planner Boucher explained The Complete Streets policy has ten total sections: 1. Purpose 2. Policy 3. Design 4. Documentation and Exceptions 5. Performance Measures 6. Conflicting or Competing Needs 7. Create a Network 8. Supportive Land-Use 9. Promotion, Education, and Training 10. Monitoring and Revision. City Planner Boucher stated the purpose and policy sections define a process to evaluate and incorporate features for each mode of transportation as the City considers major street reconstruction or new construction projects. Minor maintenance projects such as repaving or restriping will not require consideration of Complete Street elements but will still document the opportunities and feasibility of these elements to be included in larger projects. Complete Streets elements will be included in resurfacing or rehabilitation when they are cost-neutral or provide substantial safety benefits. These benefits are based on resource material such as the CMF Clearinghouse, established planning documents, or other citywide/regional plans such as Safe Routes to School, and ADA transition. When transportation projects are initiated by other jurisdictions such as the state or county but located within or on the edge of city limits, staff shall advocate for the integration of Complete Streets principles. City Planner Boucher mentioned the design of Complete Streets will need to be context- sensitive and meet the needs of the community and surrounding area while emphasizing safe and accessible travel for all people. Part of the Complete Streets policy will require documentation of different components to determine the practicality and feasibility of these components based on: vulnerable user safety, connectivity, budget of construction and ongoing maintenance, etc. unless an exception is required. To evaluate the 25 Item 1. City of Columbia Heights MINUTES January 13, 2025 City Council Meeting Page 17 effectiveness of the policy, staff has included a series of process and outcome measures to be compiled and reviewed annually. City Planner Boucher reviewed the project worksheet. The process metrics include the percentage of projects with a completed project worksheet; this worksheet will include:  Who are the project area users, modes of travel, whether a language other than English is spoken in the applicable neighborhood;  Does the project area have identified speeding or conflict points within eligible projects;  How does the area handle stormwater and are there quality or quantity concerns present;  Are there existing Complete Streets elements or elements that are practically feasible? The outcome measures will include:  Are there public transit facilities or significant designations with connectivity gaps for pedestrians or bicyclists?  Are there any areas that are “under-lit” or present a number of barriers to pedestrians/bicyclist movements that have been identified or removed?  If there are Complete Streets elements that have been determined to be feasible, rank/score these elements by the amount of maintenance required? City Planner Boucher stated by establishing a process to evaluate the potential and effectiveness of Complete Streets improvements from a budget, maintenance, and safety perspective, the City will be able to prioritize these improvements and implement elements that provide the greatest safety gains while balancing budget and maintenance needs to create a network of complete streets. Future actions that are anticipated include adopting the Complete Streets Policy into zoning code and the City Design Guidelines update s as well as assessing other opportunities for departments to support implementation. Assistant Engineer Khan added that the policy is exciting because it formalizes the project development process, and it will help set up the City for funding opportunitie s. Because of the document, there could be additional grant opportunities. Councilmember James asked who would be responsible for completing the documentation and what format the documentation would be reported to the Council. City Planner Boucher replied that typically the City Engineer and Assistant City Engineer would do that. He explained that he is comfortable doing that for now until there is a permanent person who can take ownership. He explained that reporting to the Council would be similar to street projects, in that there is a process to let the Council know that the project has been completed. Councilmember James noted that there is nothing included in the motion for the project to be reported back to the Council and wondered if it needed to be included in the motion. City Planner Boucher added that there is an opportunity to judge whether or not the City is 26 Item 1. City of Columbia Heights MINUTES January 13, 2025 City Council Meeting Page 18 making process towards the Comprehensive Plan goals. He added that the goals would need to be more specific to determine if the project has been successful. He added that it would be valuable to identify the known conflict points in order to know if it has been effective. Councilmember Buesgens thanked the Staff and the Sustainability Commission for their work on the project. She asked when the 2050 Comprehensive Plan work began. City Planner Boucher replied that it would likely begin in the fall of 2025. The first step in the process is for the Met Council to release systems statements. City Planner Boucher explained it was difficult to navigate the process at times but noted Sustainability Commissioner Jared Finkelson was a critical part of the process. He expressed his appreciation for his nature and pushed to have the project work for the City. He added that Mr. Finkelson started the draft that was presented to the Council. Mayor Márquez Simula added that Mr. Finkelson used to be on the Traffic Commission. She expressed her appreciation to Staff for responding to Mr. Finkelson. She mentioned that there have been safety and mobility grants that have come through. She explained that it will be transparent for development. The County has been showing genuine interest in how they can be doing better, especially since there are four schools on a County road. Motion by Councilmember James, seconded by Councilmember Deneen, to waive the reading of Resolution 2025 - 006, there being ample copies available to the public. All Ayes, Motion Carried 5-0. Motion by Councilmember James, seconded by Councilmember Buesgens, to approve Resolution 2025 - 006, a Resolution of the City Council of the City of Columbia Heights approving the City of Columbia Heights Complete Streets Policy and direct staff to identify opportunities to implement the Complete Street Policy. All Ayes, Motion Carried 5-0. Mayor Márquez Simula recessed the regular meeting at 8:15 pm. The regular meeting reconvened at 8:20 pm. CITY COUNCIL AND ADMINISTRATIVE REPORTS Report of the City Council Councilmember James mentioned she attended the City Staff lunch . She congratulated the Employee of the Year, Diana Arne. She noted she met with the Police Chief to discuss public safety and ongoing initiatives. There is a Citizens Multicultural Advisory Committee to the police. Community members can get involved in having an advisory role to the police. She attended the EDA meeting and will be the chair for it. She added that she attended the Council work session. She explained she has been in discussions with many community members on how to support immigrant neighbors and expressed the importance of having inclusivity and equity in the community and working together. She noted she planned to attend the Equal Rights Amendment Rally. 27 Item 1. City of Columbia Heights MINUTES January 13, 2025 City Council Meeting Page 19 Councilmember Buesgens stated she attended the Partners in Energy meeting, the Sustainability Commission, the Staff luncheon, the MnDOT meeting, the Minnesota Cities Climate Coalition meeting, the Christmas train, the community craft night, the MWMO Executive Board meeting, a meeting with Councilmember Spriggs and Police Chief Markham to discuss the vehicle dashboard cameras, and the Planning Commission. Councilmember Deneen thanked Staff for welcoming her and getting her set up. She explain ed she comes from the Planning Commission. She mentioned she attended the EDA and work session meetings. She expressed her excitement to get more involved. Councilmember Spriggs noted he attended the EDA meeting, work session meeting, the Holiday train, the Library Board meeting, and a meeting with Councilmember Buesgens and Police Chief Markham to discuss dashboard cameras. He added that he had an opportunity to speak with the boys’ basketball team about careers and City government. Mayor Márquez Simula welcomed Councilmember Deneen to the Council and mentioned that she had jumped right in. She congratulated Councilmember Buesgens for getting re-elected. She mentioned that she was able to rest and recharge at the end of the year. She shared condolences to a family who was involved in a fire tragedy that occurred in the City. She stated she attended the Booster Holiday potluck and volunteered at the Every Meal program at Valley View School. She added she attended the City Staff luncheon, the City Staff cookie exchange, and other festive activities such as singing carols at local businesses, saw Elf at the Minnesota Orchestra, and White Christmas at Heights Theater and Chanhassen, and visited the Norway House. She mentioned she has been hearing from residents with concerns about possible deportation and targeted racism. She added if anyone has concerns to reach out to her and she would try to help provide resources. She noted she attended the Regional Council of Mayors meeting, the HeightsNext meeting, the EDA meeting, the work session meeting, the BIPOC Elected Leaders Network meeting, and the MnDOT Central Avenue meeting. The next MnDOT meeting will be held at City Hall on February 12th from 4-5 pm. She mentioned she recently joined the Minnesota Cannabis Expungement Focus Group. She also attended a board meeting for To Change the World. Mayor Márquez Simula explained that she is looking forward to working with Brick by Brick. Moving forward, she would like to look for ways to have a 90 -day deadline for when renters would need to vacate in case a rental license was not renewed. Councilmember Buesgens mentioned that her niece lives in the Los Angeles area and is working for an organization called Dream Center which helps people get supplies and reoriented. She noted if people are looking to donate, they can donate there. She added that it is a religious organization. Report of the City Manager City Manager Chirpich provided an update on the water meter replacement program. 1,000 water meters have been replaced with another 1,000 appointments scheduled. Three new bike racks that accommodate six bikes have been installed in front of City Hall. 28 Item 1. City of Columbia Heights MINUTES January 13, 2025 City Council Meeting Page 20 City Manager Chirpich noted that SnowBLAST will be on February 21st from 4-7 pm at Huset Park East. The free event includes live music, outdoor activities, pony rides, s’mores, and more. He noted there are a number of City positions opened including, Community Service Officer, Police Officer, Retail Clerk, and a variety of positions with the Recreation Department. City Manager Chirpich stated that City offices would be closed on January 20th for observance of Martin Luther King Junior Day. ADJOURNMENT Motion by Councilmember Spriggs, seconded by Councilmember Buesgens, to adjourn. All Ayes, Motion Carried 5-0. Meeting adjourned at 8:37 pm. Respectfully Submitted, ______________________________________ Sara Ion, City Clerk/Council Secretary 29 Item 1. ITEM: Accept November 20, 2024, Sustainability Commission Minutes. DEPARTMENT: Public Works BY/DATE: Assistant City Engineer / January 21, 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 X Sustainable BACKGROUND The November 20, 2024 Sustainability Commission minutes were approved by the Sustainability Commission at the January 14, 2025 meeting. RECOMMENDED MOTION(S): MOTION: Move to accept the November 20, 2024, Sustainability Commission minutes. ATTACHMENT(S): November 20, 2024, Sustainability Commission Minutes CITY COUNCIL MEETING AGENDA SECTION CONSENT MEETING DATE JANUARY 27, 2025 30 Item 2. SUSTAINABILITY COMMISSION City Hall—Shared Vision Room, 3989 Central Ave NE Wednesday, November 20, 2024 6:00 PM APPROVED MINUTES CALL TO ORDER/ROLL CALL The meeting was called to order by Chairperson Jensen Christen at 6:00 p.m. Members present: Commissioners Evenson, Finkelson, Groseth, Jensen Christen, Johnson, Kurek, LaPlante, Leoni-Helbacka Staff present: Sulmaan Khan, Assistant City Engineer Andrew Boucher, City Planner Liam Genter, City Forester/Natural Resources Specialist Council Liaison: Connie Buesgens APPROVAL OF MINUTES Motion by Commissioner Jensen Christen, seconded by Johnson, to approve the minutes of October 8, 2024, as presented. Motion passed unanimously. OLD BUSINESS 1. Sustainable Purchasing Policy Update Planner Boucher stated that he sent the meeting presentation template to Commissioner LaPlante for review before upcoming meetings with various city departments. Local and regional products will be prioritized in purchases, tools will be used from vendors like Amazon to filter products, and lifetime product assessments will be considered in purchases as well. Commissioner LaPlante stated that meetings will be held with various staff members in December to go over the policy, why it is importan t, and how to best implement it into broader City policies. 2. Complete Streets Policy Update Engineer Khan stated that a final draft of the policy is in the shared folder, and that the policy is on the agenda for the City Council work session in the first week of December. Feedback will be given by the Council to staff at the work session, and then a revised final draft will likely be presented to the Council at a January meeting for approval. Khan stated that staff revisions were minor and mainly language related, not significant changes to the policy in terms of content. Commissioner LaPlante asked what happens after the policy is eventually passed by the Council. Khan stated that the policy comes with a worksheet that will be implemented and used for ever y project, which will include documentation of the process and any exceptions or variances from the policy granted for a project. Planner Boucher stated that the policy will be taken to the Planning Commission to integrate the policy into development policy and City Code as necessary. 31 Item 2. City of Columbia Heights MINUTES November 20, 2024 Sustainability Commission Page 2 Khan stated that in addition to the worksheet, implementation of the Complete Streets policy will be included in the Engineering Department annual report. Khan clarified that the policy will be presented to the City Council at the December 2, 2024, work session which is public and open for attendance by commissioners. Planner Boucher asked if another open house was planned for the Safe Streets for All plan. Engineer Khan said that no open house was currently planned as the project is still in the analysis and planning stage. Khan stated that future community engagement on the project would happen as the policy develops. 3. Sustainable Collaborations Sub-Committee Update Commissioners Jensen Christen and LaPlante did not have an update. Commissioner LaPlante stated that she will be working on the next City Newsletter story soon. LaPlante further stated that topic ideas for the newsletter story will be solicited at the next commission meeting. 4. Invasive Species Sub-Committee Update Commissioner Leoni-Helbacka provided an update about some personal activities, including a buckthorn pull event at Kordiak Park. Leoni-Helbacka stated that Forester Genter completed the grant application for the mobile invasive species removal kit with the Minnesota Department of Agriculture, and that the award decisions would be made in January 2025. Commissioner Jensen Christen asked if now would be a good time to document the presence of inv asive plant species at City parks because they are the only plants that still have leaves. Forester Genter agreed that now is a good time for amateurs to identify buckthorn, which maintains green leaves longer than native plants in MN. 5. Sustainable Partnerships With Local Businesses/Restaurants Commissioner LaPlante suggested that the commission brainstorm about ways to engage local businesses in partnerships. Commissioner Evenson suggested that we partner with local businesses that already have sustainable practices and highlight them with free advertising for the business. Commissioner Johnson said that Railworks was a no waste business and suggested highlighting that practice. Engineer Khan asked how the publicity/advertising would be provided, and whether the city would be responsible for the publicity. Evenson suggested a more central place for the Sustainability Commission on the City website as a means of advertising. LaPlante suggested window clings or another visible means of recognizing sustainable local business. Commissioner Groseth suggested that we could have businesses apply to us for the pro gram to avoid the appearance of favoritism. Planner Boucher stated that business outreach will be easier to implement once the new Economic Development Coordinator staff is fully onboarded. Boucher further stated that the Partners in Energy draft action plan will be completed in April 2025 and that will allow for greater engagement with local business. Commissioner Evenson suggested a coordinated outreach effort to all local businesses and the creation of an award for the sustainable business of the year for a local business. Planner Boucher said that he would inquire with other staff about creating an award. Engineer Khan provided an update on the City-wide water meter replacement project, a two-year project with the start date of December 2, 2024. Commissioner LaPlante asked about the possibility of contacting businesses about conserving water and including information into the mailers that properties will be receiving before the 32 Item 2. City of Columbia Heights MINUTES November 20, 2024 Sustainability Commission Page 3 water meters are replaced. Khan said that he would inquire with the staff leading the project about the possibility of including water conservation information with mailers. Commissioner Kurek said that the project was starting in the eastern third of the city as the first phase. Kurek asked about the presence of lead water service lines in Columbia heights and how that would relate to the project. Khan stated that testing for lead service lines will be included in the water meter replacement project. Staff had previously created a GIS map based upon the age of properties to identify where lead service lines would be likely. Commissioner Kurek asked if the GIS map of lead service lines would be made public. Khan stated that he was not sure of the plan for making the map public, but that it was not required as part of the federal mandate. Commissioner Groseth asked if homeowners would be informed of the results after the test for lead service lines was completed. Khan affirmed that they would be informed of the test results. LaPlante stated that the action item for the commissioners would be to come up with a short list of the most important business engagement ideas related to sustainability for the next meeting. Commissioner Kurek suggested exploring available grants to assist small businesses in making sustainable upgrades and energy efficiency. Commissioner Johnson asked if a complete list of businesses in Columbia Heights exists anywhere. Planner Boucher stated that he was not aware of a comprehensive list of businesses, but that it would be worthwhile to create one. Boucher stated that the commissioners could reach out to the Economic Development Coordinator for more information. Commissioner Evenson asked if it would be possible for the Sustainability Commission to have a budget to give awards or buy recognition products like a window cling. Engineer Khan clarified that the commission does not have a budget and would not be able to make purchases currently. Councilmember Buesgens clarified that any funding would have to come through the normal budgetary process, and that under the current rules commissions are not allowed to raise their own funds. Councilmember Buesgens stated that the council would be having a goal-setting session in February, and that the commissioners should think about how much funding they would need before then if they want budgets to be considered in the future. Commissioner LaPlante asked if the commission would be allowed to accept in-kind donations from businesses and gave printed materials as an example. Councilmember Buesgens said that she was not sure but would make further inquiries. 6. SolSmart Program Statement Planner Boucher said that the program had been discussed at previous meetings and that the authorization letter was now ready to be brought to Council. Boucher said that the community already had significant solar resources, and that more efforts needed to be made to communicate and show them. Boucher said that the program provides free technical support but requires input to get good results. The solar statement is required for entrance to the program and will trigger a technical review of the City Code and development standards for compatibility with solar expansion. Barriers to adopting solar will be identified and suggestions for improving and streamlining the process will be provided. Any suggested changes will eventually have to be brought in front of the Planning Commission for approval. Commissioner Finkleson asked if Boucher had knowledge of any hindrances to solar uptake that currently existed in city regulations. Boucher replied that language relating to renewable energy was completely lacking in current regulations. The SolSmart Program will allow the City of Columbia Heights to make any necessary changes to development standards to reflect best practices and bring them in line with other local communities. Commissioner Jensen Christen pointed out a typo in the statement, but 33 Item 2. City of Columbia Heights MINUTES November 20, 2024 Sustainability Commission Page 4 no other objections were raised. Boucher asked for a motion to approve the statement as written and recommend bringing it forward to the Council. Motion by Commissioner Johnson to approve the statement, seconded by Commissioner LaPlante. Motion passed unanimously. NEW BUSINESS 7. Round Robin Commissioner Evenson asked for an update on a new commission member. Engineer Khan stated that the plan was to appoint a new commissioner in the next round of commission appointments in 2025. Councilmember Buesgens said that announcements would be made through the city website and social media accounts and that residents could apply at that point. Councilmember Buesgens said that she attended a conference workshop on closed loop economies for cities, and that Columbia Heights should look for ways to close loops on business waste products. Buesgens stated that this is an idea for the commission to think about long-term, and a potential angle for outreach to businesses. Buesgens also stated that the MN legislature appropriated $41.7 million to help naturally occurring affordable housing (NOAH) with improvement projects. She stated that there is great need for this money in Columbia Heights, which has 146 NOAH rental properties that would qualify with between 4-10 units. Councilmember Buesgens would like the City of Columbia Heights to apply for this money and disburse it to landlords as grant funding that is tied to keeping rents affordable. Commissioner Johnson asked if the city would have to apply for the funding. Buesgens said that the funding would be available to local government units on a competitive basis and would require an application. Buesgens also related her recent visit to the Cole apartment building; the developer is looking at another affordable housing project at another site in Columbia Heights. Buesgens stated that she pushed the developers to look for energy efficiency options in the new project to help renters save on their utility bills. Commissioner LaPlante asked whether the SolSmart program would allow for residents to buy into larger off-site solar farms if their property was not compatible with on-site solar. Planner Boucher stated that between SolSmart and Partners in Energy the City would be able to help residents make informed decisions about what route to solar would work best for them. Boucher stated that the University of MN has an online GIS tool that allows for individual properties to be checked for on-site solar compatibility. LaPlante stated that sustainability is about nuanced solutions and not a blanket approach. Commission Evenson asked if the SolSmart program offered a list of solar farms in the area. Planner Boucher said that he did not know but would check with staff at Met Council for the answer. Evenson stated that it would be helpful to have a vetted list of reliable, trusted solar farms to partner with. Commissioner Johnson thanked Councilmember Buesgens for inviting the commissioners to the MNDOT meeting about Centr al Avenue and asked when the next community engagement event related to the project would be. Councilmember Buesgens stated that the next engagement event had not been scheduled yet, and that work was still ongoing for the preliminary plans. Commissioner Kurek related concerns MNDOT staff had raised about green infrastructure related to the Central project, specifically maintenance issues that have been encountered in other locations. Kurek asked about the maintenance of existing green infrastructure in the city and responsibility for the maintenance. Forester Genter related that the city has several larger sized green infrastructure installations related to stormwater management located at Huset Park, Prestemon Park, Silver Lake Boat Landing, Ramsdell Park, and smaller ones at multiple sites. Genter said that these sites were installed by Prairie Restorations and Landbridge Ecological Services and are contracted out for 34 Item 2. City of Columbia Heights MINUTES November 20, 2024 Sustainability Commission Page 5 maintenance every two years. Genter stated that maintenance consists of 3-4 integrated plant management visits each year, controlled burns every 4 years, and dormant mows every 4 years offset from the controlled burns. Kurek asked what the source of the funding was for the maintenance of these sites; Genter replied that the funds came from the stormwater budget. Kurek asked if any roadside green infrastructure sites existed as well in the city. Genter replied that the city did have multiple roadside installations, including many new ones along 37th Ave and some raingardens scattered throughout the city. Engineer Khan stated that a new raingarden was scheduled to be installed at the library next year in conjunction with the parking lot expansion. Commissioner Kurek asked if we had noticed any recurring or difficult problems with maintenance of these sites and said that MNDOT has serious concerns about maintenance issues associated with green infrastructure in the median of Central Ave. Kurek asked if trees and other green infrastructure would be better located along the side of Central Avenue in new development rather than in a median. Forester Genter said that in his opinion green infrastructure will always struggle in the middle of the road and present various serious maintenance issues. Genter stated that he would prefer that all green infrastructure associated with the Central Avenue project be located at the side of the road. Commissioner LaPlante said that she would prefer that the median be focused on pedestrian refuge and safety and that gr een infrastructure should be located at the side of the road. Commission Kurek asked if the City of Columbia Heights had the capacity to maintain roadside green infrastructure if it was extensively added to Central Avenue. Kurek re-iterated that MNDOT has serious concerns about any local government’s long-term maintenance capacity for any newly installed green infrastructure. Commissioner Evenson said that roadside installations could take multiple forms and could be lower maintenance depending on the design details. Kurek asked if trees along the side of the road would have a better chance of success and incur less maintenance than other green infrastructure options. Genter said that the trees would be much more successful on the side of the road, and that trees represented the lowest overall maintenance of any green infrastructure options. Councilmember Buesgens said that she would agree and that the median should focus on art and texture as a means of calming and slowing traffic. Buesgens said that the medians can provide safe harbor for pedestrians looking to cross the street. Commissioner Finkleson asked if there was any specific information showing that we have needs for green infrastructure on Central. Finkleson said that in his mind a better long-term sustainable vision for Central Avenue is maximizing pedestrian and bicycle usage. Finkleson stated that he has concerns about green infrastructure taking away from space for pedestrian usage. Finkleson said that he absolutely wants large mature trees to provide shade and improve the experience on Central Avenue for pedestrians and bicycles. Considering the lack of maintenance provided by MNDOT and the other issues raised, he believes that the focus of green infrastructure on Central s hould be large shade trees and as much permeable surface as possible. Commissioner Evenson said that given the lack of space available open pit style planters would be unlikely, and that tree trenches and underground water storage would be more likely solutions. Forester Genter stated that large mature trees would provide the greatest value of any green infrastructure options, incurring minimal maintenance while providing maximum ecosystem services. Commissioner Kurek said that planting the maximum number of trees should be the goal with this project given the rare opportunity this project presents. Commissioner LaPlante asked if businesses along Central could be required to clear any future bike trails. Engineer Khan stated that the city currently is responsible for snow removal on all bike paths or mixed-use trails, but not sidewalks. Councilmember Buesgens stated that the city has engaged a contractor to clear snow from 35 Item 2. City of Columbia Heights MINUTES November 20, 2024 Sustainability Commission Page 6 sidewalks along Central Avenue currently where businesses/occupants are not removing snow in a timely fashion. The City pays the contractor and then bills the property owners for the services provided. Commissioner LaPlante asked for clarification about what counts as a mixed-use path. Engineer Khan stated that shared use trails are generally 10 ft wide bituminous paths; the city has the ability to clear snow from shared use trails and will be able to provide that in future trail expansions. Commissioner Evenson asked if the City had any regulations about e-bikes on shared use paths. Planner Boucher said that there were not any regulations in development standards related to speed limits on shared use paths. Planner Boucher stated that the Planning Commission would be examining auto use properties and potential changes to the current standards at the next meeting. Boucher said that he is working with a MN Greencorps member from the Minnesota Department of Agriculture on farm to institution food systems including local food systems to include urban farming and edible landscapes. Forester Genter stated that the city had recently completed tree planting for the year with about 195 new trees planted in 2024. Engineer Khan said that the scheduled December meeting (Dec. 10, 2024) will be overlapping with the Partners in Energy workshop being held on the same date from 4:30-7, and that all commissioners are welcome. An abbreviated commission meeting will be held just after the workshop. Commissioner Jensen Christen stated that the next MNDOT meeting related to Central Avenue will be taking place the next day, on December 11. Planner Boucher asked commissioners to review the GreenSteps Cities plan and decide on what to prioritize before th e February City Council goal-setting session. ADJOURNMENT Commissioner Groseth made a motion to adjourn, seconded by Commissioner Evenson. The motion was approved unanimously. Respectfully submitted, Liam Genter City Forester/Natural Resources Specialist 36 Item 2. CITY COUNCIL MEETING AGENDA SECTION CONSENT AGENDA MEETING DATE JANUARY 27, 2025 ITEM: Second Reading of Ordinance No. 1709, an Ordinance to amend Chapter 9 - Land Use: 9.104 Administration and Enforcement, 9.106 General Development Standards, 9.107 Specific Development Standards, 9.110 Commercial Districts, and 9.111 Industrial Districts DEPARTMENT: Community Development BY/DATE: Andrew Boucher, City Planner, January 22, 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 BACKGROUND At the December Planning Commission Workshop, staff and the Planning Commission discussed potential amendments and updates to City Zoning Code – Chapter 9 Land Use based on observations, feedback, and recommendations from staff and community members to provide more flexibility in the Zoning Code that reflect the needs of the community while encouraging consistency as future development occurs. The proposed amendments are as follows: 1. Amending 9.104 Administration and Enforcement (I) to change Interim Use Permit to Zoning Review Permit and including over-height fences, seasonal sales stands, accessory structures under 200 sq. ft., and parking/impervious surface additions to be reviewed administratively as well as establishing a permit for Accessory Dwelling Units. 2. Amending 9.106 General Development Standards to reduce the minimum required parking for two bedroom or more dwelling units to 2 spaces per unit with one of these being enclosed. Also including language to (e) Calculating space to allow: “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.” 3. Amending 9.106 General Development Standards to include language under the Dwellings section to contain habitable space based on the adopted MN Building Code. 4. Amending 9.107 Specific Development Standards to require a sound study as a specific condition for car washes as well as considering adding the minimum of one acre of property to this use along with recreational vehicle sales. 5. Amending 9.110 Commercial Districts and 9.111 Industrial Districts to remove fences greater than six feet in height from conditional uses to permitted accessory use, adjusting General Business (GB) to move minor automobile and motorcycle repair and car washes from permitted uses to condit ional uses, along with consignment/secondhand stores from conditional uses to permitted uses. In I-1 and I- 37 Item 3. Page 2 2 Districts, major and minor automobile repair is proposed to be changed from permitted to conditional uses. 9.104 Administration and Enforcement - Staff proposes replacing Interim Uses with a Zoning Review Permit for certain items such as over-height fences, seasonal sales stands, accessory structures under 200 sq. ft., and parking/impervious surface additions to be reviewed administratively and establishing a process for Accessory Dwelling Units to ensure compliance with the owner/occupancy deed restriction and rental licensing. 9.106 General Development Standards include an amendment to (3) Accessory Dwelling Units (h) to reflect the requirement of habitable space based on the adopted MN Building Code. Other amendments include one (1) off-street parking space requirement for Accessory Dwelling Units and reducing the two-bedroom or larger unit parking requirement from two enclosed spaces to one enclosed space. Frequent reliance on PUDs for relatively straightforward redevelopments—such as single-parcel, single-use residential projects—raises concerns about whether the existing standards reflect practical realities Use Minimum Spaces Required Residential Uses Accessory Dwelling Units 1 off-street parking space per unit Multiple-family Two-bedroom or larger units 2 per unit, one must be enclosed (garage) 9.107 Specific Development Standards include requiring a sound study as a specific condition for car washes and adding the minimum of one acre of property to the car wash use along with recreational vehicle sales. 9.110 Commercial Districts and 9.111 Industrial Districts include removing fences greater than six feet in height from conditional uses to permitted accessory uses as well as adjusting General Business (GB) to move minor automobile and motorcycle repair and car washes from permitted uses to conditional uses along with consignment/secondhand stores from conditional uses to permitted uses. In I-1 and I-2 Districts, major and minor automobile repair could have changes from permitted to conditional uses. The Planning Commission gave the zoning text amendment a positive recommendation (5-0) at their January 7, 2025 meeting and the City Council approved the First Reading of Ordinance 1709 (5-0) at their January 13, 2025 Council meeting. RECOMMENDATION Staff recommends approval of Ordinance No. 1709, on first consideration: RECOMMENDED MOTION(S): MOTION: Move to waive the reading of Ordinance No. 1709, there being ample copies available to the public. MOTION: Move to approve the second reading of Ordinance 1709, being an ordinance to amend Chapter 9 Land Use, 9.104 Administration and Enforcement, 9.106 General Development Standards, 9.107 Specific Development Standards, 9.110 Commercial Districts, and 9.111 Industrial Districts and direct staff to send the summary ordinance for publication in the legal newspaper. 38 Item 3. Page 3 ATTACHMENT(S): Ordinance No. 1709 Summary Ordinance No. 1709 39 Item 3. Ordinance No.1696 ORDINANCE NO. 1709 AN ORDINANCE AMENDING CHAPTER 9 – LAND USE OF THE CITY CODE OF 2005 TO AMEND 9.104 ADMINISTRATION AND ENFORCEMENT, 9.106 GENERAL DEVELOPMENT STANDARDS, 9.107 SPECIFIC DEVELOPMENT STANDARDS, 9.110 COMMERCIAL DISTRICTS, AND 9.111 INDUSTRIAL DISTRICTS. The City of Columbia Heights does ordain: Section 1 The following administrative processes are amended or deleted as provided in Section 9.104 of the City Code of 2005, is hereby established to read as follows: (A) General provisions. (1) Purpose. This article sets forth the procedures required for the administration of this article, outlines the powers and duties of the officials and bodies charged with such administration, establishes standards for required approvals, and provides enforcement in a manner which protects the public healt h, safety and general welfare. (2) Concurrent review. In order to provide for the efficient: administration of this article, all applications for a single project or proposal that require multiple actions shall be processed concurrently. (3) Substantially similar uses. Whenever an application contains a use not specifically included in this article, the Zoning Administrator shall issue a statement of clarification, finding that the use is either substantially similar in character and impact to a use regulated in this article or that the use is not substantially similar to any other use regulated in this article. If the use is not substantially similar to any other use regulated in this article, the use shall be prohibited. (B) Authority and duties for administration. (1) Authority. The following city officials and bodies, without limitation upon such authority as each may possess by law, have responsibility for implementing and administering this article: (a) Zoning Administrator; (b) Development Review Committee; (c) Planning Commission; (d) City Council. (2) Zoning Administrator. (a) Authority. The Zoning Administrator shall be appointed by the City Manager to administer and enforce the provisions of this article. (b) Duties. The Zoning Administrator shall have the following responsibilities: 1. Conduct inspections of buildings and uses of land to determine compliance with the provisions of this article. 40 Item 3. City of Columbia Heights – Ordinance 1709 Page 2 2. Maintain permanent and current records of this article, including, but not limited to, all associated maps, amendments, conditional uses, variances, and appeals. 3. Receive, file and forward all applications for appeals, variances, conditional use permits, interim use permits, zoning ordinance amendments, vacations, minor subdivisions, preliminary plats, final plats or other matters to the appropriate decision-making body. 4. Make a determination of compliance with this article on all applications for building permits and certificates of occupancy. 5. Provide zoning information to residents and others upon request. 6. Interpret the provisions of this article. (3) Development Review Committee. (a) Authority. The membership of the Development Review Committee shall be city staff members as appointed by the City Manager. (b) Duties. The Development Review Committee shall have the following responsibilities: 1. Review plans and plats for conformance with the technical requirements of this article. 2. Make recommendation to the Planning Commission and City Council regarding applications for development or land use approvals. (4) Planning Commission. (a) Authority. The Planning Commission shall be appointed by the City Council. (b) Duties. The Planning Commission shall have the following responsibilities: 1. Hear and make recommendations to the City Council regarding all applications for a conditional use permit or an amendment to a conditional use permit. 2. Hear and make the final decisions on all applications for an interim use as defined in this article. 3. Hear and make recommendations to the City Council regarding all applications for an amendment to this article, both text amendments and amendments to the district boundaries on the official zoning map. 4. Hear and make recommendations to the City Council regarding all applications for minor subdivisions, preliminary plats and final plats. 5. Review, hold public hearings, and prepare recommendations on any changes to the City's Comprehensive Plan. 6. Review this article from time to time and make recommendations to the City Council that changes be initiated. 7. Hear and make recommendations on any other matter referred to it by the City Council. 41 Item 3. City of Columbia Heights – Ordinance 1709 Page 3 (c) Board of Appeals and Adjustment duties. In accordance with M.S. § 462.354, as it may be amended from time to time, the City Council has designated the Planning Commission as the Board of Appeals and Adjustments. As such, the Planning Commission shall have the following additional responsibilities: 1. Hear and make decisions on all applications for an appeal of any administrative order, requirement, determination or final decision made by the Zoning Administrator or other official in the administration of this article. 2. Hear and make decisions on all applications for a variance from the literal provisions of this article. (5) City Council. (a) Authority. The City Council shall have the authority given to it by state statutes. (b) Duties. The City Council shall hear and make the final decision on all matters identified as requiring City Council action in this article. (C) General application procedures. (1) Applications. All applications for land use or development approval shall be made on the appropriate application, as approved by the city and available from the Community Development Department. The application shall be accompanied by detailed written and graphic materials fully explaining the proposed development or land use change, as required by the Zoning Administrator. The application shall also be accompanied by the appropriate fee, proof of legal interest in the property, and two copies of a list of property owners within 350 feet of the subject property or as otherwise defined in state statutes, in the format required by the Zoning Administrator. (2) Additional information. The Zoning Administrator may require applicants for land use or development approval to submit additional information as may be necessary to evaluate the application. Such additional information may include, but shall not be limited to, traffic studies, engineering studies and environmental studies. The costs of such studies shall be the responsibility of the applicant, with the person or firm preparing the study approved by the Zoning Administrator. (3) Pre-application conference. A pre-application conference with the Zoning Administrator shall be required prior to the submission of any application for land use or development approval. The purpose of the conference is to review application procedures and ordinance requirements with the applicant, to exchange information regarding the proposed project, and to identify potential opportunities and constraints for development of the site under consideration. (4) Completeness of application. No application for land use or development approval shall be deemed complete until all items that are required in support of the application, including any additional studie s or information required by the Zoning Administrator, have been submitted. (5) Application fees. Fees for all applications for development or land use approval shall be a flat rate and established by resolution of the City Council. The city retains the right to require an escrow and additional payment for any out-of-pocket expenses for consultants and professional services and/or to obtain an escrow for cases that are extraordinary in size or complexity. Remaining escrowed funds not spent in reviewing the application shall be returned to the applicant. Payment of all fees is a condition of 42 Item 3. City of Columbia Heights – Ordinance 1709 Page 4 application approval. The Community Development Department will keep a record of current fees for all land use applications. (6) Required action. Pursuant to M.S. § 15.99, as it may be amended from time to time, all applications for land use or development approval shall be approved or denied as per state statute, unless extended pursuant to statute or unless a time waiver has been granted by the applicant . (7) Reconsideration of applications. No application for land use or development approval that has been denied by the City Council, in whole or in part, shall be reconsidered for a period of six months from the date of City Council action on the application. (8) Expiration of approval. If substantial development or construction has not taken place within one year of the date of City Council approval of an application for land use or development approval, the approval shall be considered void unless a petition for time extension has been granted by the City Council. Such extension 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 approval. This provision shall not apply to zoning amendments or vacations of streets, alleys or public rights -of-way. (D) Public hearings. (1) Notice of public hearing. For all development or land use applications requi ring a public hearing, notice of the public hearing shall be as follows: (a) Official publication. The Zoning Administrator shall publish notice of the time, place and purpose of the public hearing at least once in the official city newspaper, not less than 10 days nor more than 30 days before the hearing. (b) Notice to affected property owners. The Zoning Administrator shall mail a written notice of the time, place and purpose of the public hearing to all owners of record of property located in whole or in part within 350 feet of the boundaries of the subject property, or as otherwise defined in state statutes, not less than 10 days nor more than 30 days before the hearing. The failure to give mailed notice to individual property owners, or defects in the notice, shall not invalidate the proceedings, provided a bona fide attempt to comply with this requirements has been made. (c) Notice to Department of Natural Resources. When a land use or development application relates to property within the Floodplain Management or Shoreland Management Overlay District, the Zoning Administrator shall mail a written notice of public hearing to the Commissioner of Natural Resources at least 21 days before the hearing. (2) Hearing procedure. All hearings shall be open to the public. Any person may appear and testify at a hearing in person or by representative. Upon conclusion of the public testimony, the decision -making body shall announce its decision or recommendation, or shall continue the matter to a subsequent meeting. (E) Appeals. (1) Right of appeal. 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 interpretin g or applying this article, 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. 43 Item 3. City of Columbia Heights – Ordinance 1709 Page 5 (2) Application for appeal. An appeal must be made by filing a written notice of appeal addressed to the Zoning Administrator and Planning Commission, and stating the action appealed as well as the specific grounds upon which the appeal is made. (3) Public hearing. The Planning Commission, sitting as the Board of Appeals and Adjustments, shall hold a public hearing on the appeal in accordance with the requirements of this section. After the close of the hearing, the Planning Commission shall render its findings. (F) Zoning amendments. (1) Right of application. Amendments to the text of this article or to the district boundaries on the official zoning map may be initiated by the City Council, the Planning Commission, or by application of any person with a legal interest in the affected propert y. (2) Application for amendment. An application for an amendment to change the district boundaries on the official zoning map or the text of this article shall be filed with the Zoning Administrator on the approved form and shall be accompanied by a map or plat showing the lands proposed to be changed, a concept development plan and any other information determined by the Zoning Administrator to be necessary. (3) Public hearing. The Planning Commission shall hold a public hearing on the complete application for a zoning amendment and all amendments initiated by the City Council or Planning Commission in accordance with the requirements of this section. After the close of the hearing, the Planning Commission shall make findings and submit its recommendation to the City Council. (4) City Council action. The City Council shall make the final decision regarding an application for a zoning amendment. Amendments of this article or the district boundaries on the official zoning map shall require a four-fifths majority vote of the City Council. (5) Required findings. The City Council shall make each of the following findings before granting approval of a request to amend this article or to change the district boundaries on the officia l zoning map: (a) The amendment is consistent with the comprehensive plan. (b) The amendment is in the public interest and is not solely for the benefit of a single property owner. (c) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. (d) Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. (G) Variances. (1) Purpose. The purpose of a variance is to provide a means of departure from the literal provisions of this article. Variances may be granted when the applicant for the variance establishes that there a re practical difficulties in complying with the zoning ordinance. It is not the intent of this section to allow a variance for a use that is not permitted within a particular zoning district. 44 Item 3. City of Columbia Heights – Ordinance 1709 Page 6 (2) Right of application. Any person with a legal interest in the property may file an application for one or more variances. (3) Application for variance. An application for a variance shall be filed with the Zoning Administrator on the approved form and shall be accompanied by a site plan and any othe r information determined by the Zoning Administrator to be necessary. (4) Public hearing. The Planning Commission, sitting as the Board of Appeals and Adjustments, shall hold a public hearing on the complete application for a variance in accordance with the requirements of this section. After the close of the hearing, the Planning Commission shall make findings and submit its recommendation to the City Council. (5) City Council action. The City Council shall make the final decision regarding an application for a variance from the provisions of this article. Approval of a variance shall require a simple majority vote of the City Council. (6) Required findings. The City Council shall make each of the following findings before granting a variance from the provisions of this article: (a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. (b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. (c) The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. (d) The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. (e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. (7) Conditions of approval. The City Council may establish any reasonable conditions of approval that are deemed necessary to mitigate adverse impacts directly associated with granting of the variance and to protect neighboring properties. (H) Conditional use permits. (1) Purpose. The conditional use permit process is intended as a means of reviewing uses which, because of their unique characteristics, cannot be permitted as a right in a specific zoning district, but may be allowed upon demonstration that such use meets identified standards established in this article. A conditional use permit is granted for a specific use of a specific property, and may be transferred to subsequent owners as long as the conditions agreed upon are observed. 45 Item 3. City of Columbia Heights – Ordinance 1709 Page 7 (2) Right of application. Any person with a legal interest in the property may file an appli cation for a conditional use permit, provided said conditional use is identified as a conditional use within the zoning district in which the property is located. (3) Application for conditional use permit. An application for a conditional use shal l be filed with the Zoning Administrator on the approved form and shall be accompanied by a site plan, a detailed written description of the proposed use and any other information determined by the Zoning Administrator to be necessary. (4) Public hearing. The Planning Commission shall hold a public hearing on the complete application for a conditional use permit in accordance with the requirements of this section. After the close of the hearing, the Planning Commission shall make findings and submit its recommendation to the City Council. (5) City Council action. The City Council shall make the final decision regarding an application for a conditional use permit. Approval of a conditional use permit shall require a simple majority vote of the City Council. (6) Required findings. The City Council shall make each of the following findings before granting a conditional use permit: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. (b) The use is in harmony with the general purpose and intent of the comprehensive plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. (i) The use complies with all other applicable regulations for the district in which it is located. (7) Conditions of approval. The City Council may establish any reasonable conditions of 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 article. (8) Revocation. Failure to comply with any condition set forth as part of a condit ional use permit shall be a violation of this article and is subject to the enforcement process identified in this section. Continued noncompliance shall be grounds for revocation of the conditional use permit, as determined by the City Council following a public hearing on the issue. 46 Item 3. City of Columbia Heights – Ordinance 1709 Page 8 (9) Discontinuance. When a conditional use has been established and is discontinued for any reason for a period of one year or longer, or where a conditional use has been changed to a permitted use or any other conditional use, the conditional use permitted shall be considered abandoned. (I) Zoning Permit. (1) Purpose. The zoning permit provides a process for administrative review of uses such as a temporary use of a seasonal sales stands for a specific period of time and more permanent uses. It is intended that the temporary use of land does not run with the land, and would need to be approved upon each subsequent use. (2) The following items require a zoning permit: a. Fences over 6 feet in height b. Accessory structures under 200 sq. ft., c. Parking and impervious surface additions d. Accessory Dwelling Units i. Owner/occupancy deed restriction ii. Rental licensing. (3) Right of application. Any person with a legal interest in the property for the purpose described above may file an application for a zoning permit, provided said use complies with the general zoning regulations and specific district requirements in which the property is located. (4) Application for zoning permit review. An application for a zoning permit review shall be filed with the Zoning Administrator on the approved form and shall be accompanied by a site plan, a detailed written description of the proposed use and any other information determined by the Zoning Administrator t o be necessary for administrative review. (5) Required findings. The Zoning Administrator shall make each of the following findings before granting a Zoning Permit Review: (a) The use is allowed for the zoning district in which the property is located and complies with the zoning regulations as determined by the Zoning Administrator. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. (e) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. (6) Discontinuance. A zoning permit review application shall be deemed discontinued after the specified time duration has elapsed for temporary seasonal uses. Any permanent uses do not elapse so long as the 47 Item 3. City of Columbia Heights – Ordinance 1709 Page 9 project remains consistent with the applicant submission. Upon discontinuation of the temporary use, all subsequent temporary uses shall be required to obtain a new zoning permit review. (J) Vacations. (1) Purpose. The vacation process allows for the vacation of public streets, alleys or other public rights- of-way when it is demonstrated that the public reservation of the land no longer serves a clearly identified public purpose. (2) Right of application. Any person or persons who own property adjoining both sides of the street, alley or other public right-of-way to be vacated may file an application for vacation. In the event that the person or persons making the request do not own all of the adjoining parcels, the application shall be accompanied by affidavits from all such property owners indicating their consent. (3) Application for vacation. An application for the vacation of a street, alley or other public right -of-way shall be filed with the Zoning Administrator on the approved form and shall be accompanied by a legal description, a survey depicting the area to be vacated, a list of all property owners with land adjacent to the area to be vacated, and any other information determined by the Zon ing Administrator to be necessary. (4) Public hearing. The Planning Commission shall hold a public hearing on the completed application for the vacation of a street, alley or other public right -of-way in accordance with the requirements of this section. After the close of the hearing, the Planning Commission shall make findings and submit its recommendation to the City Council. (5) City Council action. The City Council shall make the final decision regarding an application for the vacation of a street, alley or other public right-of-way. Approval of the vacation shall require a four-fifths majority vote of the City Council. (6) Required findings. The City Council shall make each of the following findings before vacating a street, alley or other public right-of-way: (a) No private rights will be injured or endangered as a result of the vacation. (b) The public will not suffer loss or inconvenience as a result of the vacation. (K) Minor subdivisions (lot splits). (1) Purpose. The purpose of this process is to provide for approval of subdivisions that meet specific criteria and for the waiver of standard platting requirements specified elsewhere in this article. It is intended to enable administrative approval of minor subdivisions that facilitate the further division of previously platted lots, the combination of previously platted lots into fewer lots, or for the adjustment of an existing lot line by relocation of a common boundary. (2) Right of application. Any person having a legal interest in the property may file an application for a minor subdivision. For an adjustment of an existing lot line, the application shall be accompanied by affidavits from all affected property owners indicating their consent. (3) Application for minor subdivision. An application for a minor subdivision shall be filed with the Zoning Administrator on the approved form and shall be accompanied by an accurate boundary survey and 48 Item 3. City of Columbia Heights – Ordinance 1709 Page 10 legal description of the original parcel, a survey and legal description of the resulting parcels, and any other information determined by the Zoning Administrator to be necessary. (4) Required findings. The Zoning Administrator shall make each of the following findings before approving a minor subdivision: (a) The proposed subdivision of land will not result in more than three lots. (b) The proposed subdivision of land does not involve the vacation of existing easements. (c) All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. (d) The proposed subdivision does not require the dedication of public rights-of-way for the purpose of gaining access to the property or additional dedication of public right-of-way. (e) The proposed subdivision does not include a change in existing streets, alleys, water, sanitary or storm sewer or other public improvements. (f) The property has not previously been divided through the minor subdivision provisions of this article. (g) The proposed subdivision does not hinder the conveyance of land. (h) The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. (i) The proposed subdivision meets all of the design standards specified in the § 9.116. (5) Conditions of approval. The Zoning Administrator may establish any reasonable conditions of approval that are deemed necessary to protect the public interest and ensure compliance with the provisions of this article, including, but not limited to, the following: (a) The applicant shall provide required utility and drainage easements for all newly created lots and be responsible for the cost of filing and recording written easements with the Anoka County Recorder’s Office. (b) The applicant shall pay parkland dedication fees for each lot created beyond the origin al number of lots existing prior to subdivision, except when such fees have been applied to the property as part of a previous subdivision. (6) Recording of minor subdivision. Upon approval of a minor subdivision, the applicant shall be responsible for filing the subdivision survey with the Anoka County Recorder’s Office. Any minor subdivision approved under this section shall become invalid if the minor subdivision is not filed with the Anoka County Recorder within one year of the date of the City Council action. (L) Preliminary plats. (1) Purpose. A preliminary plat is a drawing intended to illustrate the proposed subdivision of land within the city. Preliminary plat approval is required for all subdivisions of land not specifically ex empted in 49 Item 3. City of Columbia Heights – Ordinance 1709 Page 11 this article. Approval of a preliminary plat is authorization to proceed with the final plat and does not constitute approval of the subdivision. (2) Right of application. Any person having a legal interest in the property may file an application for a preliminary plat. (3) Application for preliminary plat. An application for a preliminary plat shall be filed with the Zoning Administrator on the approved form and shall be accompanied by an accurate boundary survey and legal description of the original parcel, five copies of the preliminary plat, and any other information determined by the Zoning Administrator to be necessary. (4) Public hearing. The Planning Commission shall hold a public hearing on the completed application for a preliminary plat in accordance with the requirements of this section. After the close of the hearing, the Planning Commission shall make findings and submit its recommendation to the City Council. (5) City Council action. The City Council shall make the final decision regarding an application for a preliminary plat. Approval of a preliminary plat shall require a simple majority vote of the City Council. (6) Required findings. The City Council shall make each of the following findings before approving a preliminary plat: (a) The proposed preliminary plat conforms with the requirements of § 9.116. (b) The proposed subdivision is consistent with the comprehensive plan. (c) The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. (7) Expiration of preliminary plat. An approved preliminary plat shall be valid for a period of one year from the date of City Council approval. In the event that a final plat is not submitted within this time period, the preliminary plat will become void. (M) Final plats. (1) Purpose. A final plat is a drawing representing the proposed subdivision of land within the city an d serves as the document for recording purposes, as required by the Anoka County Recorder’s Office. (2) Right of application. Any person having a legal interest in the property may file an application for a final plat. A preliminary plat for the property must have been approved within the past year for a final plat application to be accepted by the city. (3) Application for final plat. An application for a final plat shall be filed with the Zoning Administrator on the approved form and shall be accompanied by five copies of the final plat and any other information determined by the Zoning Administrator to be necessary. (4) Public hearing. The Planning Commission shall hold a public hearing on the complete application for a final plat in accordance with the requirements of this section. After the close of the hearing, the Planning Commission shall make findings and submit its recommendation to the City Council. (5) City Council action. The City Council shall make the final decision regarding an application for a final plat. Approval of a final plat shall require a simple majority vote of the City Council. 50 Item 3. City of Columbia Heights – Ordinance 1709 Page 12 (6) Required findings. The City Council shall make each of the following findings before approving a final plat: (a) The final plat substantially conforms to the approved preliminary plat. (b) The final plat conforms with the requirements of § 9.116. (7) Recording of final plats. Upon approval of a final plat, the applicant shall be responsib le for filing and recording the final plat with the Anoka County Recorder’s Office within one year of the date of City Council action. In the event that a final plat is not recorded within this time period, the final plat will become void. (N) Site plan review. (1) Purpose. The purpose of the site plan review process is to promote the efficient use of land and visual enhancement of the community, ensure that newly developed and redeveloped properties are compatible with adjacent development, and that traffic conflicts, public safety and environmental impacts are minimized to the greatest extent possible. (2) Site plan review required. All site development plans for new development, or additions to existing structures other than one- and two-family residences, shall be reviewed and approved by the Planning and Zoning Commission and Development Review Committee prior to the issuance of a building permit. (3) Required information. An application for site plan review shall be filed with the Zoning Administrator on the approved form and shall be accompanied by a vicinity map; an accurately scaled site plan showing the location of proposed and existing buildings, existing and proposed topography, vehicular access and parking areas, landscaping, and other site features; elevation views of all proposed buildings and structures; and any other information determined by the Zoning Administrator to be necessary. (4) Required findings. The Development Review Committee shall conduct the administrative review of all site plan approval requests. All findings and decisions of the Committee shall be forwarded to the Planning and Zoning Commission for final decision, unless the Zoning Administrator determines that Development Review Committee approval of site plan is sufficient. The Planning and Zoning Commission shall make each of the following findings before approving a site plan: (a) The site plan conforms to all applicable requirements of this article. (b) The site plan is consistent with the applicable provisions of the city’s comprehensive plan. (c) The site plan is consistent with any applicable area plan. (d) The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. (5) Conditions of site plan approval. The Development Review Committee and the Planning and Zoning Commission may impose conditions of approval on any site plan and require guarantees deemed necessary to ensure compliance with the requirements of this section. (6) Changes to approved site plan. An approved site plan may not be changed or modified without the approval of the City Zoning Administrator. If the proposed change is determined by the Zoning Administrator to be minor in nature, a revised site plan may not be required. In all other cases, a revised site plan shall be submitted for review and approval in accordance with this section. 51 Item 3. City of Columbia Heights – Ordinance 1709 Page 13 (7) Expiration of site plan approval. The approval of a site plan by the Planning and Zoning Commission shall be valid for a period of one year. (O) Other development approvals and permits. (1) Building permits. Building permits are required in accordance with the adopted building code. No building permit shall be issued unless the proposed construction or use is in conformance with the requirements of this article and all necessary zoning approvals have been granted. (2) Sign permits. All signs displayed within the city are required to obtain a sign pe rmit from the Zoning Administrator in accordance with § 9.106, unless herein excluded. (3) Site plan approval. All site development plans for development, other than one - and two-family residences, shall be reviewed and approved by the Development Review Committee prior to the issuance of a building permit. (P) Enforcement. (1) Complaints. The Zoning Administrator shall have the authority to investigate any complaint alleging a violation of this article or the conditions of any zoning or plat approval, and take such action as is warranted in accordance with the provisions set forth in this article. (2) Procedure. (a) Notice of violation. The Zoning Administrator shall provide a written notice to the property owner or to any person responsible for such violation, identifying the property in question, indicating the nature of the violation, and ordering the action necessary to remedy the violation, including a reasonable time period for action. Additional written notices may be provided at the Zoning Administrator’s discretion. (b) Enforcement without notice. Whenever the Zoning Administrator finds that an emergency exists in relation to the enforcement of the provisions of this article, which requires immediat e action to protect the health, safety or welfare of the occupants of any structure, or the public, the Zoning Administrator may seek immediate enforcement without prior written notice. (3) Violation and penalties. Any person, firm or corporation determined to be in violation any of the provisions of this article or any amendments may be subject to penalties such as liens, personal obligations, late fees and charges, administrative citations, abatement, and found guilty of a misdemeanor. Each day that a violation is permitted to exist shall constitute a separate offense. Section 2 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. 52 Item 3. City of Columbia Heights – Ordinance 1709 Page 14 (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 from 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. (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 question 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. 53 Item 3. City of Columbia Heights – Ordinance 1709 Page 15 (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 constructed 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: (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 nonconforming structures in accordance with the provisions of § 9.105. 54 Item 3. City of Columbia Heights – Ordinance 1709 Page 16 (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 limitations 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. (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 structure on the same lot, and behind the principal structure building line in the front yard. (d) An accessory structure shall be considered an integral part of the principal structu re 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 attached 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 al ley 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 55 Item 3. City of Columbia Heights – Ordinance 1709 Page 17 height is below grade level and the accessory structure is set back a minimum of 20 fee t 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. (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 property. Exterior alterations or modifications that change the residential chara cter 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 nonresident 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. 56 Item 3. City of Columbia Heights – Ordinance 1709 Page 18 (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: (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 b y 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 access 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. 57 Item 3. City of Columbia Heights – Ordinance 1709 Page 19 (f) Hot tubs shall not be located within five feet of any side yard or rear lot line, or wi thin 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 wall or fence no less than six feet in height. The open side of the enclosure s hall 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. (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. 58 Item 3. City of Columbia Heights – Ordinance 1709 Page 20 (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 for each additional bedroom over three. The floor area may be reduced to 960 square feet if the lot is 6,5 00 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. (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 standards 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 59 Item 3. City of Columbia Heights – Ordinance 1709 Page 21 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 used. No previously used materials may be used in any fence. All fences shall be co nstructed 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. 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 app licable. (h) All fences shall be maintained and kept in good condition. 60 Item 3. City of Columbia Heights – Ordinance 1709 Page 22 (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 sh all 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 the 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. (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: 61 Item 3. City of Columbia Heights – Ordinance 1709 Page 23 (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 accessory 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 pub lic. (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 c onsecutive 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. 62 Item 3. City of Columbia Heights – Ordinance 1709 Page 24 (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, 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 make 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. 63 Item 3. City of Columbia Heights – Ordinance 1709 Page 25 (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 alteratio ns 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 developme nt 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, wo rds 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 porti ons 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. 64 Item 3. City of Columbia Heights – Ordinance 1709 Page 26 LAND ALTERATION. Any change of the land surface including, but not limited to, removing vegetative cover, excavating, filling, grading, and. the construction of utilities, roadways, parking areas and structures. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). The program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act (Sections 301, 318, 402, and 405) and United States Code of Federal Regulations Title 33, Sections 1317, 1328, 1342, and 1345. PERSON. Any individual, firm, corporation, partnership, franchisee, association or governmental entity. PUBLIC WATERS. Waters of the state as defined in M.S. § 1036.005, subd. 15, as it may be amended from time to time. REGIONAL FLOOD. A flood that is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of a 100-year recurrence interval. RETENTION FACILITY. A permanent natural or man-made structure that provides for the storage of storm water runoff by means of a permanent pool of water. SEDIMENT. Solid matter carried by water, sewage, or other liquids. STRUCTURE. Any manufactured, constructed or erected building including portable structures and earthen structures. SURFACE WATER MANAGEMENT DESIGN STANDARDS (SWMDS). Document stating the design criteria and specifications for the city’s storm water management program. WETLANDS. Lands transitional between terrestrial and aquatic: systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, wetlands must have the following attribut es: 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 saturate d 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); 65 Item 3. City of Columbia Heights – Ordinance 1709 Page 27 4. A building permit for a single-family or two-family residential dwelling except that only subdivisions (3) through (7) of this division shall apply; or 5. Public improvement projects. 6. No building permit, preliminary plat, excavation permit or public improvement project shall be approved until approval of a storm water management plan has been obtained in strict conformance with the provisions of this section. 7. All projects 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 permit, or public impro vement project approved prior to the effective date of this article; 3. Construction of agricultural structures or land alterations associated with agricultural uses unless an excavation permit is required by § 9.106(J); 4. Installation of a fence, sign, telephone, and electric poles and other kinds of posts or poles; or 5. Emergency work to protect life, limb, or property. (4) Submission requirements–storm water management plan. A storm water management plan shall be submitted with all permit applications identified in § 9.106(I)(3). Storm water management plan submittal requirements are outlined in the city’s SWMDS. No building or land disturbing activity will be approved unless it includes a storm water management plan, detailing how runoff and associated water quality impacts resulting from development will be controlled or managed. (5) Plan review procedure. (a) Process. Storm water management plans meeting the requirements of § 9.106(I) and the city’s SWMDS shall be reviewed by the Engineering Division in accordance with the standards of § 9.106(I)(6) and the city’s SWMDS. The Director of Public Works, or designee, shall approve, approve with conditions, or deny the storm water management plan. (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. 66 Item 3. City of Columbia Heights – Ordinance 1709 Page 28 (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 prov ided 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. 67 Item 3. City of Columbia Heights – Ordinance 1709 Page 29 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 restor e the wetland to its original elevation, ii) the wetland basin is landlocked and the artificial outlet control is placed no lower than 1.5 feet below the ordinary high water mark, iii) the proposed level control is identified in the City Water Resource Management Plan, or iv) the level change is approved by a technical evaluation panel convened pursuant to the state Wetland Conservation Act of 1991 (WCA). 5. The water fluctuation from storm water shall not be increased over what occurs naturally, except as provided in subdivision 4.c. above. 6. The wetland shall not be a protected fen. 7. Wetlands shall not be drained or filled, wholly or partially, unless replaced by restoring or creating wetland areas in accordance with the WCA. When wetland replacement is required, it shall be guided by the following principles in descending order of priority: a. Avoiding the direct or indirect impact of the activity that may destroy or diminish the wetland; b. Minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation; c. Rectifying the impact by repairing, rehabilitating, or restoring the affected wetland environment; d. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the activity; and e. Compensating for the impact by replacing or providing substitute wetland resources or environments. 8. If the wetland is a DNR public water, all necessary permits from the DNR shall be obtained. (d) Models/methodologies/computations. Hydrologic models and design methodologies used for the determination of runoff and analysis of storm water management structures shall be approved by the Director of Public Works. Plans, specifications and computations for storm water management facilities submitted for review shall be sealed and signed by a registered professional engineer. All computations shall appear on the plans submitted for review, unless otherwise approved by the Director of Public Works. (e) Watershed management plans/groundwater management plans. Storm water management plans shall be consistent with adopted watershed management plans and groundwater management plans prepared in accordance with M.S. §§ 103B.231 and 103B.255, respectively, as they may be amended from time to time, and as approved by the Minnesota Board of Water and Soil Resources in accordance with the state law. (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. 68 Item 3. City of Columbia Heights – Ordinance 1709 Page 30 (b) Calculation of fee. The amount of monetary contribution shall be found in the SWMDS. For preliminary plats, an estimated impervious coverage per lot, subject to the approval of the Director of Public Works, shall be included in the total impervious surface area calculation. (c) Payment of fee. Payment of a monetary contribution shall occur as follows: 1. Building permit–upon issuance of building permit. 2. Excavation permit–upon issuance of excavation permit. 3. Preliminary plat–upon approval of final plat or commencement of land alteration, whichever occurs first. (8) Inspection and maintenance. All storm water management facilities shall be designed to minimize the need for maintenance, to provide access for maintenance purposes, and to be structurally sound. In addition, the following maintenance standards shall apply: (a) All storm water detention periods shall be maintained to ensure continued effective removal of pollutants from storm water runoff. In addition, upon 50% of the pond’s original des ign 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 an d maintenance of long-term storm water management facilities. Such responsibilities shall be documented in a maintenance plan and executed through a maintenance agreement. All maintenance agreements must be approved by the city and recorded at the County Recorder’s office prior to final plan approval. At a minimum, the maintenance agreement shall describe the inspection and maintenance obligations: 1. The responsible party who is permanently responsible for inspection and maintenance of the structural and nonstructural measures. 2. Pass responsibilities for such maintenance to successors in title. 3. Allow the city and its representatives the right of entry for the purposes of inspecting all permanent storm water management systems. 4. Allow the city the right to repair and maintain the facility, if necessary maintenance is not performed after proper and reasonable notice to the responsible party of the permanent storm water management system. 5. Include a maintenance plan that contains, but is not limited to, the following: a. Identification of all structural permanent storm water management systems. b. A schedule for regular inspections, monitoring, and maintenance for each practice. Monitoring shall verify whether the practice is functioning as designed and may include, but is not limited to, quality, temperature, and quantity of runoff. 69 Item 3. City of Columbia Heights – Ordinance 1709 Page 31 c. Identification of the responsible party for conducting the inspection, monitoring and maintenance for each practice. d. Include a schedule and format for reporting compliance with the maintenance agreement to the city. e. Right of entry. The issuance of a permit constitutes a right of entry for the city or its contractor to enter upon the construction site. The applicant shall allow the city and its authorized representatives, upon presentation of credentials, to: i. Enter upon the permitted site for the purpose of obtaining information, examining records, conducting investigations or surveys. ii. Bring such equipment upon the permitted development as is necessary to conduct such surveys and investigations. iii. Examine and copy any books, papers, records, or memoranda pertaining to activities or records required to be kept under the terms and conditions of the permit. iv. Inspect the storm water pollution control measures. v. Sample and monitor any items or activities pertaining to storm water pollution control measures. vi. Correct deficiencies in storm water, erosion and sediment control measures. (d) Storm water management facilities serving a single-family residential area or subdivision, but more than one single-family lot, shall be maintained by the city. The cost incurred by the city for maintenance of said facilities shall be assessed, levied through a special storm water taxing distri ct 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 sectio n 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. 70 Item 3. City of Columbia Heights – Ordinance 1709 Page 32 (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 placement of footings is exempt from the provisions of this section, provided a grading plan was submitted and approved as part of the review and approval process. Grading of new subdivisions or developments is also exempt from the provisions of this section, provided a grading plan was submitted and approved as part of the review and approval process. (4) Land alteration permit required. A land alteration permit from the Public Works Director is required for any of the following activities: (a) Placement, removal or grading of more than ten cubic yards of earthen material on steep slopes adjacent to a lake or wetland, or within the shore or bluff impact zone of a lake or wetland. (b) Placement, removal or grading of more than 50 cubic yards of earthen material anywhere in the city. (c) Placement, removal or grading of earthen material within ten feet of any prop erty 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 develop ed 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. 71 Item 3. City of Columbia Heights – Ordinance 1709 Page 33 (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. (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. 72 Item 3. City of Columbia Heights – Ordinance 1709 Page 34 (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 for the storage of inoperable vehicles or snow. (b) Off-street parking facilities accessory to residential uses shall be utilize d solely for the parking of passenger automobiles and/or one truck not to exceed 9,000 pounds gross capacity for each dwelling 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. (b) Off-site parking for commercial or industrial uses shall be located no more than 400 feet f rom 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 73 Item 3. City of Columbia Heights – Ordinance 1709 Page 35 with seven or more units, after consideration of factors including but not limited to t he 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 made 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 parkin g 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, 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 wide 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 Ci ty 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 74 Item 3. City of Columbia Heights – Ordinance 1709 Page 36 and no more than the maximum height established for structures in the district in which the lights will be installed. (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. (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 pa rking 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. 75 Item 3. City of Columbia Heights – Ordinance 1709 Page 37 (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 feet 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. 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 76 Item 3. City of Columbia Heights – Ordinance 1709 Page 38 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 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 77 Item 3. City of Columbia Heights – Ordinance 1709 Page 39 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 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 78 Item 3. City of Columbia Heights – Ordinance 1709 Page 40 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 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 residential property or residentially zoned property. Loading berths shall not be located within the front ya rd setback area. 79 Item 3. City of Columbia Heights – Ordinance 1709 Page 41 (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 flo or area, the off-street loading requirements may be met by providing a designated loading zone on site, as opposed to constructing a loading berth. For 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. 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. 80 Item 3. City of Columbia Heights – Ordinance 1709 Page 42 c. Demolition and building permit applications must include a construction tree inventory plan indicating the location, species, and diameter of the trunk at 4.5’ above the ground (DBH) for all Protected Trees on the property and City-Owned Trees on or adjacent to the construction site. The plan must also indicate any Protected Trees that are proposed to be removed, as well as their replacement tree(s) location, species, and size. Applications must also include a tree protection plan describing in detail how Protected Trees and City-Owned Trees will be preserved and protected during construction. The tree protection plan shall follow the standards as presented in the most recent version of the following publications: i. ANSI A300 Part 5- Management of Trees and Shrubs During Site Planning, Site Development, and Construction 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 pub lications listed above (3.b.). City Forestry Staff monitoring is required for all projects with affected Protected Trees and/or replacement trees. Replacement trees will be monitored for three (3) years to ensure proper establishment. f. Protected Tree varieties that are less than 6” in caliper must be moved to another location on the property if possible. Exceptions must be granted in writing by the City Forester. g. If a Protected Tree is removed, except as allowed for in paragraph 5 below, it is subject to a size-based replacement policy. i. Protected trees with DBH 6”-15” are subject to a 2:1, “two for one” replacement requirement. ii. Protected trees with DBH 15”-20” are subject to a 3:1, “three for one” replacement requirement. iii. Protected trees with DBH 20”-25” are subject to a 4:1, “four for one” replacement requirement. iv. Protected trees with DBH >25” are subject to a 5:1, “five for one” replacement requirement. v. Replacement trees must be varied by species and are subject to approval by the City Forester. vi. Replacement trees are subject to the size and diversity requirements as outlined below. vii. A payment of $400 for each tree may be made to the City in lieu of planting replacement trees where sufficient space does not exist on the property. Payments will support the planting of replacement trees by City staff on City property. viii. Replacement trees shall be planted according to the standards set forth in the MN Department of Natural Resources publication “A Pocket Guide to 81 Item 3. City of Columbia Heights – Ordinance 1709 Page 43 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 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 82 Item 3. City of Columbia Heights – Ordinance 1709 Page 44 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 83 Item 3. City of Columbia Heights – Ordinance 1709 Page 45 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 84 Item 3. City of Columbia Heights – Ordinance 1709 Page 46 amended soils meeting the Minnesota Department of Transportation standards for approved topsoil, that are not covered by hardscape or paved surfaces. Available open soil. The uncovered length by width of a planting bed, multiplied by depth of preparation up to 36 inches deep. Most unprepared urban subgrade is highly compacted and does not qualify as available. Covered soil. Soil volume provided below hardscape or paved surfaces in the form of suspended soil cells or structural soil. Only 25% of the volume of structural soils may be counted towards soil volume requirements. 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 prepared soil volumes and is totally isolated by hardscape such as driveways, sidewalks, or vaults. Connected soil. Two or more areas of open soil that are connected below hardscape with either soil cells or structural soil. These connected beds can now qualify as shared soil. The following standards and exceptions apply to calculating soil volumes: 1) The total soil volume provided for a tree shall be calculated in cubic feet by adding the available open soil volume to the available covered soil volume within a 50-foot radius of the tree. 2) When total soil volume consists of more than one planter bed or open soil area, those areas must be connected by continuous root paths at least 4 feet wide and 2 feet deep. 3) Soil volumes for covered soil shall be calculated by using only the space available to roots and may not include the components providing structure. 90% of the volume of cell -type hardscape suspension systems may be counted towards total soil volume; 25% of the volume of structural soils may be counted towards total soil volume. A 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. 85 Item 3. City of Columbia Heights – Ordinance 1709 Page 47 b. A minimum of one tree shall be planted for every 50 feet of street frontage or fraction thereof. The trees shall be planted within the front yard and may be arranged in a cluster or placed at regular intervals to best complement existing landscape design patterns in the area. c. A minimum of four trees shall be planted for every one acre of lot area covered by buildings, parking areas, loading areas, exterior storage areas and other impervious surfaces. d. Parking areas shall have a minimum of 100 square feet of landscape area and one over- story tree for each 20 spaces or, fraction thereof. The remainder of the landscape area shall be covered with turf grass, native grasses, trees, shrubs, vines, perennial flowering plants, or other pervious ground cover. (7) Screening requirements. Screening shall be provided in accordance with the following requirements: a. All off-street parking areas containing six or more parking spaces and located adjacent to a residential or residentially zoned property, the parking area shall be screened along the boundary with the residential use. Where any commercial or industrial use is located adjacent to or across a public alley from a residential or a residentially zoned property, the commercial or industrial use shall be screened along the boundary with the residential use. b. Exterior storage of materials or equipment, except for allowed retail sales and temporary placement of equipment, shall be screened from all adjacent non - industrial uses and from the public right-of-way. c. Required screening shall consist of a fence, wall, earthen berming and/or vegetation no less than six feet in height and no less than 80% opaque on a year round basis. Said screening shall be located as close to the property line as practicable and no closer than 15 feet from the edge of a public right-of-way. (8) Installation and maintenance. The following regulations shall govern the installation and maintenance of landscaping and screening materials. a. All landscaping materials and screening materials shall be installed in conjunction with site development and prior to issuance of a final certificate of occupancy. b. A letter of credit or other security as acceptable to the city shall be deposited with the Zoning Administrator, in an amount equal to 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 damage 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. 86 Item 3. City of Columbia Heights – Ordinance 1709 Page 48 (9) Screening of parking areas from adjacent properties. All parking and loading areas (including drive-through facilities, pump island service areas and stacking spaces) abutting a public street or sidewalk shall provide: a. A landscaped frontage strip at least five feet wide along the public street or sidewalk. If a parking area contains over 100 spaces, the minimum required landscaped frontage strip shall be increased to eight feet in width. b. Screening consisting of either a masonry wall, fence, berm or hedge or combination that forms a screen a minimum of three feet in height, a maximum of four and one half feet in height, and not less than 50% opaque on a year-round basis. For reasons of personal safety and security, parking lot screening should allow clear visibility of pedestrians above the three-foot high viewing range. c. Trees shall be planted at regular intervals of no greater than 50 feet within the frontage strip. (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 finished 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 faces 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 87 Item 3. City of Columbia Heights – Ordinance 1709 Page 49 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. (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 possib le, to minimize potential 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 technique s 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 a nd its neighborhoods and to promote the creation of a convenient, attractive and harmonious community; 88 Item 3. City of Columbia Heights – Ordinance 1709 Page 50 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; 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 ante nnas, 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 Height s, Minnesota or the City Manager’s designee. 89 Item 3. City of Columbia Heights – Ordinance 1709 Page 51 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 location. 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. 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 provision s of this division shall 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 90 Item 3. City of Columbia Heights – Ordinance 1709 Page 52 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 exis ting or proposed uses of the site. Examples of stealth facilities include, but are not limited to: architecturally screened roof-mounted antennas, antennas 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 are 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 provided 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 91 Item 3. City of Columbia Heights – Ordinance 1709 Page 53 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/operator 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. (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 to wers, 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 conditional 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. 92 Item 3. City of Columbia Heights – Ordinance 1709 Page 54 (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 providers 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. (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 acco mmodate 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 division. 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). 93 Item 3. City of Columbia Heights – Ordinance 1709 Page 55 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; 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 for th 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 th e 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 sp ecific 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 the land use and development regulations; and 94 Item 3. City of Columbia Heights – Ordinance 1709 Page 56 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 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 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 lea st 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. 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. 95 Item 3. City of Columbia Heights – Ordinance 1709 Page 57 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 dish 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 structures 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 minimize 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. Wire less 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 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 96 Item 3. City of Columbia Heights – Ordinance 1709 Page 58 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 existin g 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 utility pole-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. 97 Item 3. City of Columbia Heights – Ordinance 1709 Page 59 (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 th e 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. (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. 98 Item 3. City of Columbia Heights – Ordinance 1709 Page 60 (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 applic ant 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 co mmunications 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 50–100 feet 200 feet 101–150 feet 400 feet 151–200 feet 800 feet 50–100 feet Less than 50 feet 100 feet 99 Item 3. City of Columbia Heights – Ordinance 1709 Page 61 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 prop osed 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 sh all 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 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. 100 Item 3. City of Columbia Heights – Ordinance 1709 Page 62 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 providers. 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 con sist 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 landscaping 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 enforcement 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 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. 101 Item 3. City of Columbia Heights – Ordinance 1709 Page 63 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 to wer 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 neighboring jurisdictions; and the applicant must demonstrate to the reasonable 102 Item 3. City of Columbia Heights – Ordinance 1709 Page 64 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, at 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 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 tower, on-site land uses and zoning, elevation and stealth design drawings of the proposed 103 Item 3. City of Columbia Heights – Ordinance 1709 Page 65 tower, topography, and 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 e xisting 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 re gulations. (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 prote ct neighboring properties, and to achieve the objectives of this division and the land use and development regulations. Such a conditional use permit 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 co ntained herein, including location and height limitations, may be approved administratively by the Zoning Administrator. Proposed wireless communication 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. 104 Item 3. City of Columbia Heights – Ordinance 1709 Page 66 (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 owner, 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 documen tation required above. 105 Item 3. City of Columbia Heights – Ordinance 1709 Page 67 (16) General requirements. The following conditions apply to all wireless communications towers and wireless communications facilities in the city: (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 petition 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 obtrusiveness 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 finis h. 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 materi als. 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 structure 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 the 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, 106 Item 3. City of Columbia Heights – Ordinance 1709 Page 68 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. (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 towe r 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 notice from the city of abandonment. A wireless communications tower or wireless communicat ions 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 shall 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. 107 Item 3. City of Columbia Heights – Ordinance 1709 Page 69 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 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 such 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 circumstances, 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 any 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 any 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 communications 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 to wer 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. 108 Item 3. City of Columbia Heights – Ordinance 1709 Page 70 (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. 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 alteration 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 d ivision 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. 109 Item 3. City of Columbia Heights – Ordinance 1709 Page 71 (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. (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 a nd 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 required 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 proper erection and maintenance and its compliance with the provisions of this article or any other law or ordinance r egulating the same. 1. The changing of the advertising copy or message of a painted or printed sign. Except for theater marquees 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 110 Item 3. City of Columbia Heights – Ordinance 1709 Page 72 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 display surfaces of all signs shall be kept neatly painted or posted. Every sign and the immediate surrounding premise s shall be maintained by the owner or person in charge thereof in a safe, clean, sanitary, and inoffensive condition, and free and clear of all obnoxious substances, rubbish and weeds. (c) Inspection. All signs for which a permit is required sha ll be subject to inspection by the Zoning Administrator. The Zoning Administrator, or any other official of the municipality who may be appointed 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: (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, provided 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) Window signage that does not exceed 25% of the total area of the window on or in which it is displayed; (g) 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 p rior to the date of the event and shall be removed within three days thereafter; (h) Flags or emblems of political, civic, philanthropic, educational or religious organizations; (i) 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 located 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. (j) 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 111 Item 3. City of Columbia Heights – Ordinance 1709 Page 73 located 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. (k) 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 eight 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. (l) 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 square 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. (m) One wall sign per dwelling for permitted home occupations not to exceed two square feet per surface and limited to one surface. (n) Time and temperature signs not to exceed 20 square feet per sign and one sign per side of building. (o) 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 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. (p) 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 fir e 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. 112 Item 3. City of Columbia Heights – Ordinance 1709 Page 74 (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, telephone, 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) Any window sign or signs which exceed 25% of the total area of the window on or in which it is displayed. (n) Portable signage, excluding sandwich board signs. (o) 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). (p) Variable electronic message signs. (7) Temporary signs. The following standards shall apply to temporary signs in all zoning districts: (a) Each temporary sign, with the exception of sandwich board signs, shall require a sign permit from the City of Columbia Heights. (b) No more than four temporary sign permits may be issued per business per calendar year. (c) No more than two temporary signs shall be displayed per business at any given time. W hen two temporary signs are displayed, each sign shall require a permit and each sign will count toward the allotment of temporary signage permitted per business per calendar year. If the business is located within a shopping center, nor more than four temporary signs may be displayed throughout the shopping center at any given time. (d) Any sign not considered permanent shall be considered temporary. (e) Temporary signage may not be used as permanent wall signage for the business. 113 Item 3. City of Columbia Heights – Ordinance 1709 Page 75 (f) Temporary signs or pennants shall not exceed 32 square feet in area for businesses located in the CBD, Central Business District, and shall not exceed 48 square feet in area throughout the remainder of the city and shall be directly and fully attached to the wall of the building. (g) Each temporary sign shall be limited to a 30-day display period per permit. (h) Grand opening signs. 1. Each new business is permitted one grand opening sign, at the time when the new business is established in the city. 2. Grand opening signs do not require a permit. 3. The signs do not count against the total number of temporary signs allowed per property per calendar year. 4. Grand opening signs are allowed for no more than 60 consecutive days. 5. Grand opening signs must display a message consistent with the promotion of the grand opening on the new business. 6. Grand opening signs shall be no greater than 50 square feet in area. 7. The signs must meet all other applicable regulations for temporary signage in the city pertaining to placement on the property, maintenance, and the like. (i) 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. (j) 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. (k) Unauthorized use of temporary signage shall be subject to the other sanctions as provided herein. (l) Sandwich board signs. 1. Permitted in the LB, Limited Business, GB, General Business, and CBD, Central Business District only. 2. One sandwich board sign is permitted per business. 3. Sandwich board signs are limited to eight square feet in area per side. 4. Sandwich board signs are limited to five feet in height. 5. The sign shall be professionally painted and maintained in a neat and readable manner. 6. Signs shall be placed on private property only, and shall be set back at least five feet from all property lines. 7. Signs shall not obstruct vehicular or pedestrian traffic or visibility and shall not create a safety hazard. 114 Item 3. City of Columbia Heights – Ordinance 1709 Page 76 8. Signs shall not be lighted and shall not utilize noise amplifiers. 9. In the CBD, Central Business District only, sandwich board signs may be placed on public sidewalks, directly in front of the business being advertised. (8) 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. Dynamic LED signs are allowed only on monument signs for conditionally permitted uses in all zoning districts, with the exception of the PO, Public District, in which LED signage may be utilized in existing pylon signs. 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 not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2. A dynamic LED sign may not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and/or educational institution uses, except one for which changes are necessary to correct hour -and-minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequently as once every five seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and/or educational institution uses. 4. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video im ages are prohibited on dynamic LED sign displays. 5. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 6. Dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic disp lay when notified by the city that it is not complying with the standards of this section. 7. Dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination o f 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. Dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one-half hour before sunset and one half-hour after sunrise. 8. Dynamic LED signs existing on the effective date of Ordinance 1593, passed April 25, 2011, must comply with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements may continue as a non -conforming sign subject to § 9.105(E). 115 Item 3. City of Columbia Heights – Ordinance 1709 Page 77 (9) Signs in Residential Districts R-1, R-2A and R-2B. (a) Permitted signs. In the R-1, Single-Family Residential District, and the R-2, Two- Family Residential District, the following signs shall be permitted: 1. One identification sign per dwelling unit not to exceed two square foot per surface, and limited to one surface attached directly to the structure. 2. One wall or ground sign for each conditional use other than the residential use, not to exceed 16 square feet per surface, and limited to two surfaces. 3. One institutional sign not to exceed 40 square feet per surface, limited to two surfaces, and set back a minimum of ten feet from any property line. 4. In case of multiple structures on one parcel, a second institutional sign may be installed provided there is a minimum distance of 75 feet between the two sign structures. (b) Restrictions on permitted signs. Permitted signs in the R-1, Single-Family Residential, and R-2A and R-2B, Two-Family Residential Districts are subject to the following restrictions: 1. The maximum height of a sign, including its structures, shall not exceed eight feet above the grade at street level or at the base of the sign, whichever is greater. 2. No animated sign shall be permitted. 3. All illuminated signs shall be shielded in such a way as to protect the rights of adjacent property owners from nuisance. 4. The sign number and area permitted by this division are considered maximums. These maximums, or any portions thereof which are not utilized by the owner, occupant or user of property are non- transferable to any other property owned by such persons, or to any other owner, occupant or user of property in the same or other districts. (c) Conditional use signs. In the R-1, R-2A and R-2B Districts, the following signs shall require a conditional use permit: 1. A dynamic LED sign used in conjunction with a religious institution. 2. A dynamic LED sign used in conjunction with an educational institution. (d) Restrictions on conditional use signs. Signs requiring a conditional use permit in the R -1, Single- Family Residential, and R-2A and R-2B, Two-Family Residential Districts are subject to the following restrictions: 1. All signage must be approved through the conditional use permit process as outlined in § 9.104(H) above. 2. All signage must meet the requirements for dynamic LED signs as outlined in division (P)(8) above. 3. A dynamic LED sign may change its message with a frequency of no less than one message for each ten minutes of display time. 116 Item 3. City of Columbia Heights – Ordinance 1709 Page 78 (10) Signs in Residential Districts R-3 and R-4. (a) Permitted signs. In the R-3, Limited Multiple-Family Residential District, and the R-4, Multiple- Family Residential District, the following signs shall be permitted: 1. One identification sign per dwelling unit not to exceed two square feet per surface, limited to one surface, and attached directly to the structure for each single- and two-family residence. 2. One area identification sign per lot line facing a public street not to exceed 16 square feet per surface and limited to two surfaces, for each multiple dwelling. 3. One institutional sign not to exceed 40 square feet per surface, limited to two surfaces, and set back a minimum of ten feet from any property line. 4. In case of multiple structures on one parcel, a second institutional sign may be installed provided there is a minimum distance of 75 feet between the two sign structures. (b) Restrictions on permitted signs. Permitted signs in the R-3, Limited Multiple-Family Residential, and R-4, Multiple-Family Residential Districts are subject to the following restrictions: 1. The maximum height of a sign, including its structures, shall not exceed eight feet above the grade at street level or at the base of the sign, whichever is greater. 2. No animated signs shall be permitted. 3. All illuminated signs shall be shielded in such a way as to protect the rights of adjacent property owners from nuisance. 4. The sign number and area permitted by this division are considered maximums. These maximums, or any portions thereof which are not utilized by the owner, occupant or user of property are non- transferable to any other property owned, occupied or used by such persons, or to any other persons, or to any other owners, occupant or user of property in the same or other distric ts. (c) Conditional use signs. In the R-3 and R-4 Districts, the following signs shall require a conditional use permit: 1. A dynamic LED sign used in conjunction with a religious institution. 2. A dynamic LED sign used in conjunction with an educational institution. (d) Restrictions on conditional use signs. Signs requiring a conditional use permit in the R -3, Limited Multiple-Family Residential, and R-4, Multiple-Family Residential Districts are subject to the following restrictions: 1. All signage must be approved through the conditional use permit process as outlined in § 9.104(H) above. 2. All signage must meet the requirements for dynamic LED signs as outlined in division (P )(8) above. 3. Dynamic LED signs may change its message with a frequency of no less than one message for each ten minutes of display time. 117 Item 3. City of Columbia Heights – Ordinance 1709 Page 79 (11) Signs in LB, Limited Business District. (a) Permitted signs. In the LB, Limited Business District, the following signs shall be permitted: 1. Any number of wall signs on any side of a building not to exceed 50 square feet of total surface area for all sign surfaces and limited to one surface per sign. Provided, however, that 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. 2. One freestanding pylon sign only if the b uilding 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. 3. 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. 4. Any pylon or monument sign must be a minimum of five feet from any building or structure on the same lot. 5. One wall sign on each side of the building which faces a public alley, not to exceed four square feet per surface and limited to one surface per sign. 6. One area identification sign for each shopping center not to exceed 50 square feet per surface, and limited to four surfaces, in addition to one wall sign for each primary use business not to exceed 50 square feet per surface, limited to one surface. 7. One identification sign for each use other than primary use not to exceed two square, feet per surface, and limited to one surface. 8. 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. (b) Restrictions on permitted signs. Permitted signs in the LB, Limited Business District, are subject to the following restrictions: 1. Total sign area shall not exceed two square feet for each front foot of the building or structure. In the case of multiple occupancy, the wall surface for each tenant, user or owner shall include only the surface area on the exterior facade of the premises occupied by su ch tenant, user or owner. 2. The maximum height of a pylon sign including its structure shall not exceed 20 feet above grade at street level or at the base of the sign, whichever is greater. The maximum height of a monument sign including its structure shall not exceed 8 feet above grade at street level or at the base of the sign, whichever is greater. 3. The sign number and area permitted by this section are considered maximums. These maximums, or any portion thereof, which are not utilized by the owner, occupant or user of property are non- 118 Item 3. City of Columbia Heights – Ordinance 1709 Page 80 transferable to any other property owned, occupied or used by such persons, or to any other owner, occupant or user of property in the same or other districts. (c) Conditional use signs. In the LB District, the following signs shall require a conditional use permit: 1. A dynamic LED sign used in conjunction with a commercial business. 2. A dynamic LED sign used in conjunction with a religious institution. 3. A dynamic LED sign used in conjunction with an educational institution. (d) Restrictions on conditional use signs. Signs requiring a conditional use permit in the LB, Limited Business District, are subject to the following restrictions: 1. All signage must be approved through the conditional use permit process as outlined in § 9.104(H) above. 2. All signage must meet the requirements for dynamic LED signs as outlined in division (P)(8) above. 3. Dynamic LED signs may change its message with a frequency of no less than one message for each 10 seconds of display time for commercial businesses. 4. Dynamic LED signs may change its message with a frequency of no less than one mes sage for each ten minutes of display time for religious or educational institutions. (12) Signs in CBD, Central Business District. (a) Permitted signs. In the CBD, Central Business District, the following signs shall be permitted: 1. Any number of wall signs on any side of a building not to exceed 100 square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Provided, however, that 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 abutting residential parcel. 2. One monument sign not to exceed 50 square feet in size, limited to two sides, not to exceed ten feet in height, and set a minimum of five feet from any property line. 3. Any monument sign must be a minimum of five feet from any building or structure on the same lot. 4. One wall sign on each side of the building that faces a public alley, not to exceed four square feet per surface and limited to one surface per sign. 5. One area identification sign for each shopping center not to exceed 100 square feet per surface, and limited to four surfaces; one wall sign for each pr imary use business, not to exceed 100 square feet per surface and limited to one surface. 6. One identification sign for each user other than the primary use, not to exceed two square feet per surface, and limited to one surface. 7. One wall sign per building with an area of the lesser of 20 square feet or one-half square foot for each front foot of a building or structure provided that the said sign is located on the same side of the 119 Item 3. City of Columbia Heights – Ordinance 1709 Page 81 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. (b) Restrictions on permitted signs. Permitted signs in the CBD, Central Business District, are subject to the following restrictions: 1. Total sign area shall not exceed two square feet for each front foot of building or structure. In the case of multiple occupancy, the wall surface for each tenant, user or owner shal l include only the surface area on the exterior facade of the premises occupied by such tenant, user or owner. 2. 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. 3. The sign number and area permitted by this division are considered maximums. These maximums, or any portion thereof, which are not utilized by the owner, occupant or user of property are non - transferable to any other property owned, occupied or used by such persons or any other owner, occupant or user of property in the same or other districts. (c) Conditional use signs. In the CBD District, the following signs shall require a condition al use permit: dynamic LED signage. (d) Restrictions on conditional use signs. Signs requiring a conditional use permit in the CBD, Central Business District, are subject to the following restrictions: 1. All signage must be approved through the conditional use permit process as outlined in § 9.104(H) above. 2. All signage must meet the requirements for dynamic LED signs as outlined in division (P)(8) above. 3. Dynamic LED signs may change its message with a frequency of no less than one message for each ten seconds of display time. (13) Signs in the GB, General Business District. (a) Permitted signs. In the GB, General Business District, the following signs shall be permitted: 1. Any number of walls signs on any side of a building not to exceed 200 square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Provided, however, that 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. 2. 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 75 square feet per surface and limited to two surfaces. Provided, however, that: a. If the building contains more than 80,000 square feet of gross floor area or the sit e 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 120 Item 3. City of Columbia Heights – Ordinance 1709 Page 82 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. 3. If not located adjacent to a state trunk highway where the 20 -foot building setback cannot be met, one monument sign not to exceed 50 square feet in size, limited to two sides, not to exceed ten feet in height, and setback a minimum of five feet from any property line. 4. Any pylon or monument sign must be a minimum of five feet from any building o r structure on the same lot. 5. One wall sign on each side of the building that faces a public alley, not to exceed four square feet per surface and limited to one surface per sign. 6. One area identification sign for each shopping center, not to exceed 100 square feet per surface, limited to four surfaces, in addition to one wall sign for each primary use business, not to exceed 100 square feet per surface, limited to one surface. 7. One identification sign for each use other than primary use, not to exceed two square feet per surface, and limited to one surface. 8. 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. (b) Restrictions on permitted signs. Permitted signs in the GB, General Business District, are subject to the following restrictions: 1. Total signage shall not exceed two square feet for each front foot of build ing or structure. In the case of multiple occupancy, the wall surface for each tenant, user or owner shall include only the surface area on the exterior facade of the premises occupied by such tenant, user or owner. 2. The maximum height of a sign, including its structures, shall include only the surface area on the exterior façade of the premises occupied by such tenant, user or owner. 3. The maximum height of a pylon sign, including its structures, shall not exceed 25 feet abov e the grade at street level or at the base of the sign, whichever is greater. 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. 4. The sign number and area permitted by this section are considered maximum. These maximums, or any portion thereof, which hare not utilized by the owner, occupant or user of property are non - transferable to any other property owned, occupied or used by such persons or to any other owner, occupant or user of property in the same or other districts. 121 Item 3. City of Columbia Heights – Ordinance 1709 Page 83 (c) Conditional use permits. In the GB District, the following signs shall require a conditional use permit: dynamic LED signage. (d) Restrictions on conditional use signs. Signs requiring a conditional use permit in the GB, General Business District, are subject to the following restrictions: 1. All signage must be approved through the conditional use permit process as outlined in § 9.104(H) above. 2. All signage must meet the requirements for dynamic LED signs as outlined in division (P)(8) above. 3. Dynamic LED signs may change its message with a frequency of no less than one message for each ten seconds of display time. (14) 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, the following signs shall be permitted: 1. Any number of wall signs on any side of a building to exceed 100 square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Provided, however, that 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 building that faces abutting residential parcels. 2. One freestanding pylon sign only if the building or structure is located 20 feet or mor e from the front lot line, not to exceed 100 square feet per surface, and limited to two surfaces. Where the 20 -foot setback cannot be met, one monument sign not exceed 50 square feet in size, limited to two sides, not to exceed 10 feet in height, and set a minimum of 5 feet from any building or structure on the same lot. 3. Any pylon or monument sign must be a minimum of five feet from any building or structure on the same lot. 4. One identification sign for each use other than primary use, not to exceed two square feet per surface and limited to one sign. 5. 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. (b) Restrictions on permitted signs. Permitted signs in the I-1, Light Industrial District, and the I-2, General Industrial District, are subject to the following restrictions: 1. Total sign area shall not exceed two square feet for each front foot of building or structure. In the case of multiple occupancy, the wall surface for each tenant, user or owner shall include only the surface area on the exterior facade of the premises occupied by such tenant, user or owner. 2. The maximum height of a sign including its structures shall not exceed 25 feet above the grade at street level or at the base of the sign, whichever is greater. The maximum height of a monument sign, including its structures, shall not exceed 10 feet above grade at street level or at the base of the sign, whichever is greater. 3. The sign number and area permitted by this division are considered maximums. These maximums, or any portion thereof, which are not utilized by the owner, occupant or user of property are non- 122 Item 3. City of Columbia Heights – Ordinance 1709 Page 84 transferable to any other property owned, occupied or used by such person or to any other owner, occupant or user of property located in the same or other districts. (c) Conditional use signs.In the I-1 and I-2 Industrial Districts, the following signs shall require a conditional use permit: dynamic LED signage. (d) Restrictions on conditional use signs. Signs requiring a conditional use permit in the I -1, Light Industrial District, and the I-2, General Industrial District, are subject to the following restrictions: 1. All signage must be approved through the conditional use permit process as outlined in § 9.104(H) above. 2. All signage must meet the requirements for dynamic LED signs as outlined in division (P)(8) above. 3. Dynamic LED signs may change its message with a frequency of no less than one message for each ten seconds of display time. (15) Signs in the PO, Public and Open Space District. (a) Permitted signs. In the PO, Public and Open Space District, the following signs shall be permitted: 1. Any number of wall signs on any side of a building not to exceed 200 square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Provided, however, that if a parcel of land on which a building is located directly abuts a residentially zoned land, no wall sign may be located on the side of the building that faces the abutting residential parcel. 2. One monument sign per street frontage for those public facility parcels that include governmental offices. Such signs shall not exceed 50 square feet in area, and shall be located no closer than five feet from any property line. 3. Any number of freestanding identification signage used to promote the name of a public city, regional or state park. Such signs shall be no greater than 40 square feet in area, shall not exceed ten feet i n height, and shall be located no closer than five feet from any property line. (b) Restrictions on permitted signs. Permitted signs in the PO, Public and Open Space District are subject to the following restrictions: 1. Total signage shall not exceed two square feet for each front foot of building or structure. 2. The maximum height of a monument sign shall not exceed ten feet in height. 3. The sign number and area permitted by this section are considered maximum. These maximums, or any portion thereof, which are not utilized by the owner or user of the property are non -transferable to any other property owned, occupied or used by such persons or to any other owner or user of property located in the same or other districts. (c) Conditional use signs. In the PO District, the followings signs shall require a conditional use permit: a dynamic LED sign used in conjunction with a governmental facility. (d) Restrictions on conditional use signs. Signs requiring a conditional use permit in the PO, Public and Open Space District, are subject to the following restrictions: 123 Item 3. City of Columbia Heights – Ordinance 1709 Page 85 1. All signage must be approved through the conditional use permit process as outlined in § 9.104(H) above. 2. All signage must meet the requirements for dynamic LED signs as outlined in division (P)(8) above. 3. Dynamic LED signs may change its message with a frequency of no less than one message for each ten minutes of display time. (16) 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. (17) 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 extend within one foot of the property line. Provided, however, no freestanding sign shall invade the area required for traffic visibility by this division. (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 guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land in th e 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 conte xt 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 manag ement 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. 124 Item 3. City of Columbia Heights – Ordinance 1709 Page 86 CONSTRUCTION ACTIVITY. A disturbance to the land that results in a change in the topography, or the existing soil cover (both vegetative and non-vegetative). Examples of construction activity may include clearing, grading, filling and excavating. CONTRACTOR. The party who signs the construction contract. Where the construction project involves more than one contractor, the general contractor shall be the contractor that is responsible pursuant to the obligations set forth in this division. DEVELOPER. The party who signs the development agreement with the city to construct a project. DEWATERING. The removal of water for construction activity. It can be a discharge of appropriated surface or groundwater to dry and/or solidify a construction site. Minnesota Department of Natural Resources permits are required to be appropriated, and if contaminated, may require other MPCA permits to be discharged. EROSION. The wearing away of the ground surface as a result of movement of wind, water, ice and/or land disturbance activities. EROSION CONTROL. A measure that prevents erosion, including, but not limited to: soil stabilization practices, limited grading, mulch, temporary or permanent cover, and construction phasing. EROSION CONTROL INSPECTOR. A designated agent given authority by the city to inspect and maintain erosion and sediment control practices. FINAL GRADE. Excavation or fill of material to final plan elevation. Final grade completed as part of individual site development. FINAL STABILIZATION. All soil disturbing activities at the site have been completed and a uniform (evenly distributed, without large bare areas) perennial vegetative cover, with a density of 70% of approved vegetative cover, for the area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures have been employed. GRADING. Excavation or fill of material, including the resulting conditions thereof. GRADING, DRAINAGE AND EROSION CONTROL PERMIT. A permit issued by the municipality for the construction or alteration of the ground and for the improvements and structures for the control of erosion, runoff, and grading. Hereinafter referred to as GRADING PERMIT. GRADING, DRAINAGE AND EROSION CONTROL PLANS. A set of plans prepared by or under the direction of a licensed professional engineer. Plans are required to indicate the specific measures and sequencing to be used to control grading, sediment and erosion on a development site during and after construction as detailed in the "Zoning Ordinance" and City SWPPP. IMPERVIOUS SURFACE. A constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads. 125 Item 3. City of Columbia Heights – Ordinance 1709 Page 87 LAND DISTURBING ACTIVITY. Any land change that may result in soil erosion from water or wind and the movement of sediments into or upon waters or lands within the city’s jurisdiction, including, but not limited to, clearing, grubbing, grading, excavating, transporting and filling. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). The program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act (Sections 301, 318, 402, and 405) and United States Code of Federal Regulations Title 33, Sections 1317, 1328, 1342, and 1345. PERIMETER SEDIMENT CONTROL. A barrier that prevents sediment from leaving a site by filtering sediment-laden runoff or diverting it to a sediment trap or basin. PERMANENT COVER. Final site stabilization. Examples include turf, gravel, asphalt, and concrete. PHASING. Clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next. PUBLIC WATERWAY. Any body of water, including, but not limited to, lakes, ponds, rivers, streams, and bodies of water delineated by the city or other state or federal agency. PUBLIC WORKS DIRECTOR. A registered professional engineer with the State of Minnesota who has received training and is given authority by the city to review, authorize, approv e, inspect, and maintain erosion and sediment control plans and practices. ROUGH GRADE. Excavation or fill of material to a condition suitable for general maintenance. SEDIMENT. The product of an erosion process; solid material, both min eral 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 materials such as mu lch, staked sod, riprap, wood fiber blanket, or other material that prevents erosion from occurring. Grass seeding is not stabilization. STANDARD PLATES. General drawings having or showing similar characteristics or qualities that are representative of a construction practice or activity. START OF CONSTRUCTION. The first land-disturbing activity associated with a development, including land preparation such as clearing, grading, excavation and filling. STORM WATER. Defined under Minn. Rules, part 7077.0105, subp. 41(b), and includes precipitation runoff, storm water runoff, snow melt runoff, and any other surface runoff and drainage. 126 Item 3. City of Columbia Heights – Ordinance 1709 Page 88 STORM WATER POLLUTION PREVENTION PROGRAM (SWPPP). A program for managing and reducing storm water discharge that includes erosion prevention measures and sediment controls that, when implemented, will decrease soil erosion on a parcel of land and decrease off -site nonpoint pollution. SURFACE WATER or WATERS. All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems, whether natural or artificial, public or private. TEMPORARY EROSION CONTROL. Methods employed to prevent erosion. Examples of temporary cover include: straw, wood fiber blanket, wood chips, and erosion netting. WATERWAY. A channel that directs surface runoff to a watercourse or to the public storm drain. WATER CONVEYANCE SYSTEM. Any channel that conveys surface runoff throughout the site. WETLAND or WETLANDS. Defined in Minn. Rules, part 7050.0130, subp. F, and includes those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Constructed wetlands designed for wastewater treatment are not waters of the state. ZONING ORDINANCE. City code detailing city specifications for all plan requirements. (3) Permits. (a) Approval. No person shall be granted a grading permit for land-disturbing activity that would require the uncovering or distributing of material in excess of any of the following measurements without the approval of a Grading, Erosion and Sediment Control, and Storm Water Management Plan by the city. 1. Ten thousand square feet. 2. Five hundred cubic yards undeveloped land, or 50 cubic yards developed land. 3. Within 1,000 feet of a waterway. (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. 127 Item 3. City of Columbia Heights – Ordinance 1709 Page 89 2. A filing fee and security as outlined by the city’s Zoning Ordinance and subdivision (d) below . 3. A Grading, Erosion and Sediment Control, and Storm Water Management Plan meeting the requirements of this division. Each application shall include the required number of plans and other required materials as specified on the application form. 4. The application form shall include a statement by the applicant that any land clearing, construction, or development involving the movement of earth shall be in accordance with the approved Grading, Erosion and Sediment Control, and Storm Water Management Plan. (d) Security. 1. The permittee will be required to file with the city an irrevocable, automatically renewing letter of credit, or other improvement security in the amount specified by the current city S WMDS for fee schedule. a. The security shall cover all costs of engineering and inspection, site improvements, street sweeping, repairs to erosion control measures, and maintenance of improvements for such period as specified by the city. Such deposit shall be provided prior to the release of the grading permit. b. Deposit shall be released after final stabilization is complete, erosion control measures have been removed, and their removal area inspected. 2. Individual lot developers shall be required to provide a bond with a building permit application. a. The security shall cover city costs for street sweeping, installation, maintenance and repairs to erosion control measures. The bond will be in an amount as specified by the current city SWMDS for fee schedule. b. The security shall be released after turf is established as specified in the City Zoning Ordinance. (e) Procedure. The city will review each application for grading permit to determine its conformance with the provisions of this regulation and other applicable requirements. The city requires complete application no less than 15 working days in advance of the desired grading permit date. Upon complete application, the city shall, in writing: 1. Approve the permit application; 2. Approve the permit application, subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and i ssue 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 128 Item 3. City of Columbia Heights – Ordinance 1709 Page 90 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 co mply 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 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. 129 Item 3. City of Columbia Heights – Ordinance 1709 Page 91 5. Include a maintenance plan that contains, but is not limited to, the following: a. Identification of all structural permanent storm water management systems. b. A schedule for regular inspections, monitoring, and maintenance for each practice. Monitoring shall verify whether the practice is functioning as designed and may include, but is not limited to, quality, temperature, and quantity of runoff. c. Identification of the responsible party for conducting the inspection, monitoring, and maintenance for each practice. d. Include a schedule and format for reporting to the city compliance with the maintenance agreement. 6. The issuance of a permit constitutes a right of entry for the city or its contractor to enter upon the construction site. The applicant shall allow the city and its authorized representatives, upon presentation of credentials, to: a. Enter upon the permitted site for the purpose of obtaining information, examining records, conducting investigations or surveys. b. Bring such equipment upon the permitted development as is necessary to conduct such surveys and investigations. c. Examine and copy any books, papers, records, or memoranda pertaining to activities or records required to be kept under the terms and conditions of the permit. d. Inspect the storm water pollution control measures. e. Sample and monitor any items or activities pertaining to storm water pollution control measures. f. Correct deficiencies in storm water and erosion and sediment control measures. (10) Certification. (a) Approved Grading, Erosion and Sediment Control, and Storm Water Management Plan. Plans for grading, stripping, excavating, and filling work, bearing the approval of the Public Works Director, shall be maintained at the site during the progress of the work. (b) Procedure. The city will withhold issuance of building permits until the approved certified Grading Plan and Site Development Plan are on file with the city, all securities as required by this division are received, conservation posts are installed, and all erosion control measures are in place as determined by the Public Works Director. (c) As-built Grading Plan and Development Plan. Within 60 days after completion of site development, as per the approved Grading, Erosion and Sediment, and Storm Water 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 130 Item 3. City of Columbia Heights – Ordinance 1709 Page 92 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 specificat ions. (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 arti cle, the Public Works Director, or his or her designee, shall issue a written notice of violation to the applicant, detailing the corrective actions necessary for compliance. 2. The applicant shall conduct the corrective actions within the time period determined by the city and stated in the notice. 3. If an imminent hazard exists, the city may require that the corrective work begin immediately. (b) Stop work order/revocation of site development permit. 1. In the event that any person holding a site development permit pursuant to this article violates the terms of the permit or implements site development in such a manner as to materially adversely affect the health, welfare, environment, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the city may suspend or revoke the site development permit through the issuance of a stop work order, or the revocation of the site development or building permit. 2. The city may draw down on the grading permit security, with 30 days written notice to developer, for any violation of the terms of this contract related to landscaping, if the violation is not cured within such 30-day period, or if the security is allowed to lapse prior to the end of the required term. If the security is drawn down, the proceeds shall be used to cure the default. 3. No development, utility or street construction will be allowed and no building permits will be issued unless the development is in full compliance with the requirements of this subdivision. (c) Violation and penalties. 1. No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of this division. Any person violating any of the provisions of this division shall be deemed guilty of a misdemeanor and each day during which any violation of any of the provisions of this division is committed, continued, or permitted, shall constitute a separate offense. 2. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine as specified by the city ordinance for fee schedule for each offense. In addition to any other penalty authorized by this section, any person, 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. 131 Item 3. City of Columbia Heights – Ordinance 1709 Page 93 (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 th e 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 attachmen t, 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: 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 elements are required. 132 Item 3. City of Columbia Heights – Ordinance 1709 Page 94 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 posses ses 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 wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inche s. 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 dep artment. 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 connection 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. SMALL WIRELESS FACILITY PERMIT. A permit issued by the department authorizing the installatio n, 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. 133 Item 3. City of Columbia Heights – Ordinance 1709 Page 95 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 between 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. (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 allo wed 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 134 Item 3. City of Columbia Heights – Ordinance 1709 Page 96 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 th e 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 wireless 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; 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; 135 Item 3. City of Columbia Heights – Ordinance 1709 Page 97 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 Directo r 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 interfere nce 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 right-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. 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 136 Item 3. City of Columbia Heights – Ordinance 1709 Page 98 and assumes all risks related to any use. The city is not liable for damage to small 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 after 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 replacement wireless support structure in addition to the collocation of a small wirel ess 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 application for completeness following submittal. The department shall provide a writ ten 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, safety, and we lfare regulations applicable to the small wireless facility permit request and complies with this division and applicable 137 Item 3. City of Columbia Heights – Ordinance 1709 Page 99 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 response 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 wireless 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; 138 Item 3. City of Columbia Heights – Ordinance 1709 Page 100 4. Construction of the proposed small wireless facility within six months from the date the small wireless facility permit is issued; 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 i nclude, without limitation, the following: 1. A structural engineering analysis by a Minnesota registered professional engineer certifying that a wireless 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 the 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 authorizes 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 construed 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. 139 Item 3. City of Columbia Heights – Ordinance 1709 Page 101 (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 structure shall, consistent with § 6.301 of City Code, obtain the necessary permit from the city prior to conducting 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 t he 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 wir eless 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 wir eless 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 permittee 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. 140 Item 3. City of Columbia Heights – Ordinance 1709 Page 102 (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 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 permit 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 141 Item 3. City of Columbia Heights – Ordinance 1709 Page 103 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 coll ocation of a small wireless facility or installation or replacement of a wireless support structure. The department shall determine 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 purpose of providing wireless services for 12 consecutive months, the department may designate t he 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, or 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 departmen t 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 142 Item 3. City of Columbia Heights – Ordinance 1709 Page 104 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 reasonable ness 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 issu ed 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: 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 th e 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 permi t, 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. 143 Item 3. City of Columbia Heights – Ordinance 1709 Page 105 (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 agrees 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 re sult of the issuance of the small wireless facility permit including, but not limited to, a claim allegedly arising directly or indirectly from the following: 1. Any act, omission, or negligence of a permittee or its any agents, successors, o r 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 while 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 the 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 claims 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 144 Item 3. City of Columbia Heights – Ordinance 1709 Page 106 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 connec tion 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. 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 wireless 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 be 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. 145 Item 3. City of Columbia Heights – Ordinance 1709 Page 107 (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 agr ees to reimburse the department for the actual, reasonable costs incurred for the services of a technical expert. Section 3 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 it 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 entertainment 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: residentially - 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 146 Item 3. City of Columbia Heights – Ordinance 1709 Page 108 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. (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 principal structure in the zoning district in which the use is located. 147 Item 3. City of Columbia Heights – Ordinance 1709 Page 109 (c) The storage of inoperable vehicles on the site is prohibited. (d) The sale or repair of vehicles shall be 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) 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. 148 Item 3. City of Columbia Heights – Ordinance 1709 Page 110 (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 t o the applicable standards for automobile convenience facilities. (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. 149 Item 3. City of Columbia Heights – Ordinance 1709 Page 111 (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. (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 tanks 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 properties. (i) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements co nsistent 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 u se 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. 150 Item 3. City of Columbia Heights – Ordinance 1709 Page 112 (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. (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. (12) Concrete, asphalt, rock crushing operation. 151 Item 3. City of Columbia Heights – Ordinance 1709 Page 113 (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. (c) A dust management plan shall be submitted describing dust em issions 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. (13) 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 impro vements 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. (14) 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, pawnshop s 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. 152 Item 3. City of Columbia Heights – Ordinance 1709 Page 114 (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. (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. (15) 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. (16) 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 contained 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 deny this proposal. 153 Item 3. City of Columbia Heights – Ordinance 1709 Page 115 (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 com patible with those used in the immediate neighborhood. (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. (17) 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 sha ll 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. (18) Drive-up facility. 154 Item 3. City of Columbia Heights – Ordinance 1709 Page 116 (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. (19) Drop-in facility. (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 fo und thereon. (20) Employment agencies–temporary (day labor). The use shall be located at least 3,000 feet from all existing temporary employment agencies, consignment/secondhand stores, currency exchanges and pawnshops. (21) 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. (22) 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. 155 Item 3. City of Columbia Heights – Ordinance 1709 Page 117 (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. (23) 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. (24) 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 neig hborhood. (25) 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. (26) 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. (27) 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. 156 Item 3. City of Columbia Heights – Ordinance 1709 Page 118 (28) 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. (29) Outdoor sales/display. (a) The outdoor sales/display use shall be accessory to a commercial use. (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. (30) 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. 157 Item 3. City of Columbia Heights – Ordinance 1709 Page 119 (h) The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of the screening provided. (31) 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. (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. (32) 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. (33) 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. 158 Item 3. City of Columbia Heights – Ordinance 1709 Page 120 (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 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 recreational vehicle sales facilities must be located on a minimum of one acre of land. (34) 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 mat erials 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 charact er of the neighborhood. (35) 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 provided 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. (36) Religious institution/place of worship. 159 Item 3. City of Columbia Heights – Ordinance 1709 Page 121 (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. (37) 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 facilities. 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 compat ible 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. 160 Item 3. City of Columbia Heights – Ordinance 1709 Page 122 (k) The facility shall meet all applicable housing, building and fire codes and be li censed 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. (38) 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. (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. (39) 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. 161 Item 3. City of Columbia Heights – Ordinance 1709 Page 123 (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. (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. (40) 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 roadways. (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. (41) 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. 162 Item 3. City of Columbia Heights – Ordinance 1709 Page 124 (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. (42) 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. (43) 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. (44) 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 liquor, 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. 163 Item 3. City of Columbia Heights – Ordinance 1709 Page 125 (e) Any existing smoke shops at the time of the passage of Ord. 1570 shall comply fully with the ordinance by December 31, 2010. (45) 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 materia ls shall be compatible with those used in the immediate neighborhood. (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 o f the neighborhood. (46) 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 eigh t 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. (47) 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 the 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 dispos ed of off the property. 164 Item 3. City of Columbia Heights – Ordinance 1709 Page 126 (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. (48) Banquet halls. (a) To the extent practical, new construction or additions to existing buildings shall be complemen tary 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 pro vided 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. (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. (49) 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. (56) 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. 165 Item 3. City of Columbia Heights – Ordinance 1709 Page 127 (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 provide d 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. (k) Seasonal sales stands may be allowed for a maximum of 90 days per calendar year. Section 4 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 community 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 fede ral 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 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. (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. (6) 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. 166 Item 3. City of Columbia Heights – Ordinance 1709 Page 128 (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 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. 167 Item 3. City of Columbia Heights – Ordinance 1709 Page 129 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. (2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the LB, Limited Business District: (a) Multiple-family dwelling. (b) Government office. (c) Government protective service facility. (d) Public park and/or playground. (e) Clinic, medical or dental. (f) Clinic, veterinary. (g) Funeral home. (h) Office (i) Studio, professional (j) Service, professional. (h) Retail sales (i) Food service, limited (coffee shop/deli) (j) Museum/gallery (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the LB, Limited Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) School, vocational or business. (b) School, performing/visual/martial arts. 168 Item 3. City of Columbia Heights – Ordinance 1709 Page 130 (c) Licensed day care facility, child or adult. (d) Government maintenance facility. (e) State licensed residential care facility. (f) Congregate living facility, including rooming houses, group living quarters, nursing homes, senior housing, assisted living facility, traditional housing and emergency housing. (g) Bed and breakfast home, when accessory to a single-family dwelling. (h) Community center. (i) Recreational facility, indoor. (j) Recreational facility, outdoor. (k) Single-family dwelling, when accessory to a commercial use. (l) Hospital. (m) Hotel or motel. (n) Brewer taproom, not exceeding 2,000 barrels of malt liquor a year. (o) Brew pub, not exceeding 2,000 barrels of malt liquor a year. (p) Health/fitness clubs, not exceeding 4,000 gross square feet in area. (4) Permitted accessory uses. Except as specifically limited herein, the following accessory uses shall be permitted in the LB, Limited Business District: (a) Private garages, parking spaces and loading areas. (b) Accessory buildings. (c) Private swimming pools, tennis courts and other recreational facilities operated for the sole use and convenience of the residents of the principal use and their guests. (d) Landscaping and other horticultural uses. (e) Temporary construction buildings. (f) Signs as regulated by § 9.106. (g) Fences greater than six feet in height. (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. 169 Item 3. City of Columbia Heights – Ordinance 1709 Page 131 (2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the GB, General Business District: (a) Government office. (b) Government protective service facility. (c) Public park and/or playground. (d) School, vocational or business. (e) School, performing/visual/martial arts. (f) Auditorium/place of assembly. (g) Automobile convenience facility. (h) Billiards hall. (i) Bowling alley. (j) Clinic, medical or dental. (k) Clinic, veterinary. (l) Day care facility, adult or child. (m) Financial institution. (n) Food service, convenience (fast food). (o) Food service, limited (coffee shop/deli). (p) Food service, full service (restaurant/nightclub). (q) Funeral home. (r) Greenhouse/garden center. (s) Health or fitness club. (t) Hotel/motel. (u) Laboratory, medical. (v) Liquor store, off-sale. (w) Museum or gallery. (x) Office. (y) Retail sales. (z) Service, professional. (aa) Shopping center. 170 Item 3. City of Columbia Heights – Ordinance 1709 Page 132 (bb) Studio, professional. (cc) Studio, radio and television. (dd) Theater, live performance. (ee) Theater, movie. (ff) Motor vehicle parts store. (gg) Brewer taproom. (hh) Brew pub. (ii) Arcade. (jj) Parking ramp (kk) Printing/Publishing (ll) Club or lodge (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the GB, General Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Community center. (b) Recreational facility (indoor and outdoor). (c) Banquet hall. (d) Government maintenance facility. (e) Automobile and motorcycle sales/rental, new. (f) Automobile and motorcycle sales, used (in building). (g) Recreational vehicle sales, new. (h) Recreational vehicle sales, used (in building). (i) Firearms Dealer/Shooting range. (j) Hospital. (k) Outdoor sales or display. (l) Outdoor storage (m) Assembly, manufacturing and/or processing. (n) Consignment/secondhand store. 171 Item 3. City of Columbia Heights – Ordinance 1709 Page 133 (o) Currency exchange. (p) Pawnshop. (q) Drop-in facility. (r) Animal kennel and/or shelter. (s) Precious metal dealerships. (t)Automobile and motorcycle repair, minor. (u) Car wash. (4) Permitted accessory uses. Except as specifically limited herein, the following accessory uses shall be permitted in the GB, General Business District: (a) Private garages, parking spaces and loading areas. (b) Accessory buildings. (c) Landscaping and other horticultural uses. (d) Incidental repair or processing necessary to conduct the permitted principal use, provided the accessory use does not exceed 30% of the floor area. (e) Temporary construction buildings. (f) Signs as regulated by § 9.106. (g) Seasonal sales stands (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 f loor commercial use. (2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the CBD, Central Business District: (a) Multiple-family residential, when located above a first floor commercial use. (b) Government offices. (c) Government protective services facility. (d) Public parks and/or playgrounds. (e) School, vocational or business. 172 Item 3. City of Columbia Heights – Ordinance 1709 Page 134 (f) School, performing/visual/martial arts. (g) Auditorium/place of assembly. (h) Billiards hall. (i) Bowling alley. (j) Clinic, medical or dental. (k) Clinic, veterinary. (l) Licensed day care facility, adult or child. (m) Financial institution. (n) Food service, convenience (fast food). (o) Food service, limited (coffee shop/deli). (p) Food service, full service (restaurant/nightclub). (q) Health or fitness center. (r) Hotel or motel. (s) Laboratory, medical. (t) Liquor store, off-sale. (u) Museum or gallery. (v) Office. (w) Retail sales. (x) Service, professional. (y) Studio, professional. (z) Studio, radio or televisions. (aa) Theater, live performance. (bb) Theater, movie. (cc) Arcade (dd) Parking ramp (ee) Club or lodge (ff) Printing/publishing 173 Item 3. City of Columbia Heights – Ordinance 1709 Page 135 (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the CBD, Central Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards (a) Outdoor sales and/or display. (b) Outdoor storage. (c) Community center. (d) Recreational facility (indoor/outdoor). (e) Banquet hall. (f) Brewer taproom. (g) Brew pub. (4) Permitted accessory uses. Except as specifically limited herein, the following accessory uses shall be permitted in the CBD, Central Business District: (a) Private garages, parking spaces and loading areas. (b) Landscaping and other horticultural uses. (c) Incidental repair or processing necessary to conduct the permitted principal use, provided the accessory use does not exceed 30% of the floor area. (d) Temporary construction buildings. (e) Signs as regulated by § 9.106. (f) Seasonal sales stand (g) Fences greater than six feet in height. (6) 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 5 The following language for Industrial Distric ts 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. 174 Item 3. City of Columbia Heights – Ordinance 1709 Page 136 (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. (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. (6) 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. (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 Front yard 20 ft. 20 ft. Side yard 12 ft. 12 ft. Corner side yard 15 ft. 15 ft. 175 Item 3. City of Columbia Heights – Ordinance 1709 Page 137 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 with easy access to arterial roadways and should be separated from residential uses by natural or manmade barriers. (2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the I-1, Light Industrial District: (a) Community center. (b) Government office. (c) Government maintenance facility. (d) Government protective service facility. (e) Public park and/or playground. (f) Recreational facility, indoor. (g) Recreational facility, outdoor. (h) Laboratory, medical. 176 Item 3. City of Columbia Heights – Ordinance 1709 Page 138 (i) Office. (j) Studio, radio or television. (k) Assembly, manufacturing and/or processing. (l) Freight terminal. (m) Maintenance facility. (n) Office/showroom. (o) Office/warehouse. (p) Printing and/or publishing. (q) Self-service storage facility. (r) Warehousing and/or distribution. (s) Pawnshops. (t) Tattoo shops. (u) Body piercing shops. (v) Motor vehicle parts store. (w) Brewer taproom. (x) Retail Sales (y) Parking ramp (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the I -1, Light Industrial District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Outdoor sales and/or display. (b) Outdoor storage. (c) Concrete, asphalt or rock crushing operation. (d) Salvage operation/transfer station. (e) Adult entertainment use. (f) State licensed residential care facility, correctional. (g) Barbed wire fences. (h) Animal kennel and/or shelter. (i) Automobile and motorcycle repair, major. 177 Item 3. City of Columbia Heights – Ordinance 1709 Page 139 (j) Automobile and motorcycle repair, minor. (4) Permitted accessory uses. Except as specifically limited herein, the following accessory uses shall be permitted in the I-2, Light Industrial District: (a) Off-street parking and loading areas. (b) Landscaping and other horticultural uses. (c) Temporary construction buildings. (d) Signs as regulated by § 9.106. (e) Caretaker’s residence (f) Fences greater than seven feet in height. (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 barriers. (2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the I-2, General Industrial District: (a) Community center. (b) Government office. (c) Government maintenance facility. (d) Government protective service facility. (e) Public park and/or playground. (f) Recreational facility, indoor. (g) Recreational facility, outdoor. (h) Laboratory, medical. (i) Office. (j) Studio, radio or television. (k) Assembly, manufacturing and/or processing. (l) Freight terminal. 178 Item 3. City of Columbia Heights – Ordinance 1709 Page 140 (m) Maintenance facility. (n) Office/showroom. (o) Office/warehouse. (p) Printing and/or publishing. (q) Self-service storage facility. (r) Warehousing and/or distribution. (s) Pawnshops. (t) Tattoo shops. (u) Body piercing shops. (v) Motor vehicle parts store. (w) Brewer taproom. (x) Retail sales. (y) Parking ramp (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the I -2, General Industrial District, subject to the regulations set forth for conditional u ses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Outdoor sales and/or display. (b) Outdoor storage. (c) Concrete, asphalt or rock crushing operation. (d) Salvage operation/transfer station. (e) Adult entertainment use. (f) State licensed residential care facility, correctional. (g) Barbed wire fences. (h) Automobile and motorcycle repair, major. (i) Automobile and motorcycle repair, minor. (4) Permitted accessory uses. Except as specifically limited herein, the following accessory uses shall be permitted in the I-2, Light Industrial District: (a) Off-street parking and loading areas. (b) Landscaping and other horticultural uses. 179 Item 3. City of Columbia Heights – Ordinance 1709 Page 141 (c) Temporary construction buildings. (d) Signs as regulated by § 9.106. (e) Caretaker’s residence (f) Fences greater than seven feet in height. Section 6 This Ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Offered by: January 13, 2025 Buesgens Seconded by: James Roll Call: All Ayes Second Reading: Offered by: Seconded by: Roll Call: Date of Passage: Amáda Márquez Simula, Mayor Attest: Sara Ion, City Clerk/Council Secretary 180 Item 3. Ordinance No.1709 SUMMARY OF ORDINANCE NO. 1709 BEING AN ORDINANCE AMENDING CHAPTER 9 LAND USE OF THE CITY CODE OF 2005 TO AMEND 9.104 ADMINISTRAITON AND ENFORCEMEN, 9.106 GENERAL DEVELOPMENT STANDARDS, 9.107 SPECIFIC DEVELOPMENT STANDARDS, 9.110 COMMERCIAL DISTRICTS, 9.111 INDUSTRIAL DISTRICT S. The City Council for the City of Columbia Heights, Minnesota adopted Ordinance No. 1709 on January 27, 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 9.104 to replace Interim Uses with Zoning Review Permit to allow for over-height fences, seasonal sales stands, accessory structures under 200 sq. ft., and parking/impervious surface additions to be reviewed administratively as well as establishing a permit for Accessory Dwelling Units; 9.106 to add an off-street parking space for ADUs and reduce the minimum required parking for two bedroom or more dwelling units to 2 spaces per unit with one of these being enclosed and include language on habitable space and to (e) Calculating space to allow: “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 a series of factors. Changes to 9.107 Specific Development Standards include adding a sound study requirement as a specific condition for car washes as well as adding a minimum of one acre of property to this use along with recreational vehicle sales. 9.110 Commercial Districts and 9.111 Industrial Districts will include adjustments changing over-height fences to permitted accessory uses and changing consignment/secondhand stores from conditional uses to permitted uses as well as moving minor automobile/motorcycle repair and car washes from permitted to conditional uses in the General Business (GB) District; and in I-1 and I-2 Districts, changing major and minor automobile/motorcycle repair from permitted uses to conditional uses. This is a summary of Ordinance No. 1709. 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 181 Item 3. ITEM: Adopt Resolution 2025-18, Approving PMA Labor Agreement DEPARTMENT: ADMINISTRATION BY/DATE: KELLI WICK, January 14, 2025 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) _Healthy and Safe Community X_Equitable, Diverse, Inclusive, and Friendly _Trusted and Engaged Leadership _Thriving and Vibrant Destination Community X_Strong Infrastructure and Public Services _Sustainable BACKGROUND The labor agreement between the City and the Public Managers Association representing full-time division directors, terminated on December 31, 2024. Negotiations between the City and PMA have resulted in a mutually acceptable labor agreement for calendar years 2025, 2026 and 2027. See Attachment “A”. STAFF RECOMMENDATION It is recommended that the City Council accept and approve the PMA Labor Agreement for years 2025, 2026 and 2027. RECOMMENDED MOTION(S): MOTION: Move to waive the reading of Resolution 2025-18, there being ample copies available to the public. MOTION: Move to adopt Resolution 2025-18, approving the City of Columbia Heights PMA Labor Agreement ATTACHMENT(S): Resolution 2025-018 Attachment “A” CITY COUNCIL MEETING AGENDA SECTION CONSENT MEETING DATE 01/27/2025 182 Item 4. RESOLUTION NO. 2025-018 A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a collective bargaining agreement between the City of Columbia Heights and Public Managers Association Whereas, negotiations have proceeded between Public Managers Association, representing full time division director, and members of the City’s negotiation team; and Whereas, said negotiations have resulted in a mutually acceptable collective bargaining agreement for calendar years 2025, 2026 and 2027; and Whereas, changes to the current agreement are hereby attached as Exhibit A, and a copy of said collective bargaining agreement is available for inspection at the Office of the City Manager and is made a part hereof by reference. Now Therefore Be It Resolved, that the collective bargaining agreement as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 20 25, 2026 and 2027 for Public Managers Association bargaining unit employees of the City; and Be It Further Resolved that the Mayor and City Manager are hereby authorized to execute this collective bargaining agreement. Passed this 27th Day of January, 2025 Offered by: Seconded by: Roll Call: Mayor Amáda Márquez Simula Sara Ion, City Clerk 183 Item 4. 184 Item 4. 185 Item 4. 186 Item 4. 187 Item 4. 188 Item 4. 189 Item 4. 190 Item 4. 191 Item 4. 192 Item 4. ITEM: Adopt Resolution 2025-19, Approving LELS Sergeant Labor Agreement. DEPARTMENT: ADMINISTRATION BY/DATE: Kelli Wick / January 21, 2025 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) _Healthy and Safe Community X_Equitable, Diverse, Inclusive, and Friendly _Trusted and Engaged Leadership _Thriving and Vibrant Destination Community X_Strong Infrastructure and Public Services _Sustainable BACKGROUND The labor agreement between the City and the Law Enforcement Labor Services, Local 3 42 representing police sergeants terminated on December 31, 2024. Negotiations between the City and LELS Local 342 have resulted in a mutually acceptable labor agreement for calendar years 2025, 2026 and 2027. See Attachment “A”. STAFF RECOMMENDATION It is recommended that the City Council accept and approve the LELS Sergeants Labor Agreement for years 2025, 2026 and 2027. RECOMMENDED MOTION(S): MOTION: Move to waive the reading of Resolution 2025-19, there being ample copies available to the public. MOTION: Move to adopt Resolution 2025-19, approving the City of Columbia Heights LELS Labor Agreement ATTACHMENT(S): Resolution 2025-19 Attachment “A” CITY COUNCIL MEETING AGENDA SECTION CONSENT MEETING DATE 01/27/2025 193 Item 5. RESOLUTION NO. 2025-019 A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a collective bargaining agreement between the City of Columbia Heights and Law Enforcement Labor Services, Local #342 Whereas, negotiations have proceeded between Law Enforcement Labor Services, Local #342, representing full time Police Sergeants, and members of the City’s negotiation team; and Whereas, said negotiations have resulted in a mutually acceptable collective bargaining agreement for calendar years 2025, 2026 and 2027; and Whereas, changes to the current agreement are hereby attached as Exhibit A, and a copy of said collective bargaining agreement is available for inspection at the Office of the City Manager and is made a part hereof by reference. Now Therefore Be It Resolved, that the collective bargaining agreement as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 20 25, 2026 and 2027 for Law Enforcement Labor Services, Local #342 bargaining unit employees of the City; and Be It Further Resolved that the Mayor and City Manager are hereby authorized to execute this collective bargaining agreement. Passed this 27th Day of January, 2025 Offered by: Seconded by: Roll Call: Mayor Amáda Márquez Simula Sara Ion, City Clerk 194 Item 5. LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND LAW ENFORCEMENT LABOR SERVICES, INC. UNION, LOCAL NO. 342 POLICE SERGEANTS January 1, 2025 – December 31, 2027 195 Item 5. TABLE OF CONTENTS ARTICLE PAGE 1 PURPOSE OF AGREEMENT ................................................................. 3 2 RECOGNITION .................................................................................... 3 3 DEFINITIONS ....................................................................................... 3 4 EMPLOYER SECURITY ......................................................................... 4 5 EMPLOYER AUTHORITY ...................................................................... 4 6 UNION SECURITY ................................................................................ 4 7 EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE .................................. 4 8 SAVINGS CLAUSE ................................................................................ 7 9 SENIORITY .......................................................................................... 7 10 DISCIPLINE .......................................................................................... 7 11 INSURANCE ........................................................................................ 8 12 UNIFORMS ......................................................................................... 8 13 INJURY ON DUTY ................................................................................ 8 14 HOLIDAYS ............................................................................................ 9 15 SICK LEAVE ......................................................................................... 9 16 FUNERAL LEAVE ................................................................................ 10 17 VACATION ........................................................................................ 10 18 POLICE PROFESSIONAL LIABILITY INSURANCE ................................. 10 19 WAGE RATES .................................................................................... 11 20 CALL BACK TIME ................................................................................ 11 21 OVERTIME ......................................................................................... 11 22 COURT TIME ...................................................................................... 12 23 P.O.S.T. LICENSE ................................................................................ 12 24 WAIVER ............................................................................................. 13 25 DURATION ....................................................................................... 13 196 Item 5. 3 LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND LAW ENFORCEMENT LABOR SERVICES, INC. UNION, LOCAL NO. 342 ARTICLE 1 PURPOSE OF AGREEMENT This AGREEMENT is entered into between the CITY OF COLUMBIA HEIGHTS, hereinafter c alled the EMPLOYER, and the Law Enforcement Labor Services, Inc. Union (Local 342), hereinafter called the UNION. It is the intent and purpose of this AGREEMENT to: 1.1 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and, 1.2 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. ARTICLE 2 RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative, under Minnesota Statutes, Chapter 179A, for police personnel in the following job classifications: Police Sergeants 2.2 In the event the EMPLOYER and the UNION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE 3 DEFINITIONS 3.1 UNION: The Law Enforcement Labor Services, Inc. Union, Local No. 342. 3.2 UNION MEMBER: A member of the Law Enforcement Labor Services, Inc. Union, Local No. 342. 3.3 EMPLOYEE: A member of the exclusively recognized bargaining unit. 3.4 DEPARTMENT: The Columbia Heights' Police Department. 3.5 EMPLOYER: The City of Columbia Heights. 3.6 CHIEF: The Chief of the Columbia Heights' Police Depa rtment. 3.7 UNION OFFICER: Officer elected or appointed by the Law Enforcement Labor Services, Inc. Union, Local No. 342. 3.8 SCHEDULED SHIFT: A consecutive work period including rest breaks and a lunch break. 3.9 REST BREAKS: Periods during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.10 LUNCH BREAK: A period during the SCHEDULED SHIFT during which the employee remains on continual duty and is responsible for assigned duties. 3.11 STRIKE: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slowdown, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing or coercing a change in the conditions or compensation or the 197 Item 5. 4 rights, privileges or obligations of employment. 3.12 DEPARTMENT SENIORITY: Length of employment as a licensed member of the Columbia Heights Police Department. 3.13 JOB CLASSIFICATION SENIORITY: Length of employment as a Police Sergeant with the Columbia Heights Police Department. ARTICLE4 EMPLOYER SECURITY The UNION agrees that during the life of this AGREEMENT that the UNION will not cause, encourage, participate in or support any strike, slowdown or other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE 5 EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 Any term and condition of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eliminate. ARTICLE 6 UNION SECURITY 6.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies shall be remitted as directed by the UNION. 6.2 The UNION may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the EMPLOYER in writing of such choice and changes in the position of steward and/or alternate. 6.3 The EMPLOYER shall make space available on the employee bulletin board for posting UNION notice(s) and announcement(s). 6.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this article. ARTICLE 7 EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 DEFINITION OF A GRIEVANCE A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 7.2 UNION REPRESENTATIVES The EMPLOYER will recognize REPRESENTATIVES designated by the UNION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this article. The UNION shall notify the EMPLOYER in writing of the names of such UNION REPRESENTATIVES and of their successors when so designated as provided by 6.2 of this AGREEMENT. 198 Item 5. 5 7.3 PROCESSING OF A GRIEVANCE It is recognized and accepted by the UNION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during normal working hours only when consistent with such EMPLOYEE duties and responsibilities. The aggrieved EMPLOYEE and a UNION REPRESENTATIVE shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the EMPLOYEE and the UNION REPRESENTATIVE have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 7.4 PROCEDURE Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure: Step 1. An EMPLOYEE claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the EMPLOYEE'S supervisor as designated by the EMPLOYER. The EMPLOYER-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar d ays after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER -designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the UNION within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 2 representative The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the UNION within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the UNION and discussed with the EMPLOYER-designated Step 3 representative. The EMPLOYER-designated representative shall give the UNION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the UNION within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the UNION sh all be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public 199 Item 5. 6 Employment Relations Board. For grievance matters involving written disciplinary action, discharge, or termination, the assignment of an arbitrator shall be in accordance with Minnesota Statute 626.892. 7.5 ARBITRATOR'S AUTHORITY A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the UNION, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the UNION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 7.6 WAIVER If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the UNION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPL OYER and the UNION in each step. 7.7 CHOICE OF REMEDY If, as a result of the written EMPLOYER response in Step 3, the grievance remains unresolved, and if the grievance involves the suspension, demotion, or discharge of an employee who has completed the required probationary period, the grievance may be appealed either to Step 4 of Article VII or a procedure such as: Civil Service, Veteran’s Preference, or Fair Employment. If appealed to any procedure other than Step 4 of Article VII, the grievance is not subject to the arbitration procedure as provided in Step 4 of Article VII. The aggrieved employee shall indicate in writing which procedure is to be utilized in Step 4 of Article VII or another appeal procedure and shall sign a statement to the effect that the choice of any other hearing precludes the aggrieved employee from making a subsequent appeal through Step 4 of Article VII, except that with respect to statutes under the jurisdiction of the United States Equal Employment Opportunity Commission, an employee pursuing a statutory remedy is not precluded from also pursuing an appeal under this grievance procedure. 200 Item 5. 7 ARTICLE 8 SAVINGS CLAUSE This AGREEMENT is subject to the laws of the United States, the State of Minnesota and the City of Columbia Heights. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, or administrative ruling, or is in violati on of legislation or administrative regulations, such provisions shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provisions may be renegotiated at the written request of either party. ARTICLE 9 SENIORITY 9.1 Seniority shall be determined on the basis of length of employment as a licensed member of the department (department seniority) and by length of employment as a Police Sergeant (job classification seniority). 9.2 During the probationary period a newly hired or rehired employee may be discharged at the sole discretion of the EMPLOYER. During the probationary period a promoted or reassigned employee may be replaced in his/her previous position at the sole discretion of the EMPLOYER. 9.3 A reduction of work force will be accomplished on the basis of job classification seniority. Employees shall be recalled from layoff on the basis of job classification seniority. An employee on layoff shall have an opportunity to return to work within two ye ars of the time of his/her layoff before any new employee is hired. Recalled employees shall have ten (10) working days after notification of recall by registered mail at the employee's last known address to report to work or forfeit all recall rights. 9.4 Job classification seniority will be given preference with regard to changes in job classification through assignment or promotion when the job-relevant qualifications of employees are equal. 9.5 One continuous vacation period shall be selected on the basis of department seniority between November 1 November 30 of each calendar year for vacations to be taken in the following calendar year. A second continuous vacation period shall be selected on the basis of department seniority between December 1 and December 31 of each calendar year for vacations to be taken during that calendar year. A continuous vacation period is defined as three or six consecutive workdays. ARTICLE 10 DISCIPLINE 10.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in one or more of the following forms: a) oral reprimand; b) written reprimand; c) suspension; d) demotion; or, e) discharge. 10.2 Suspensions, demotions and discharges will be in written form. 10.3 Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and acknowledged by 201 Item 5. 8 signature of the employee. Employees and the UNION will receive a copy of such reprimands and/or notices. 10.4 Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. ARTICLE 11 INSURANCE 11.1 In 2025-2027 the EMPLOYER will contribute up to a maximum of the amounts listed below to make the following contributions towards group health and group dental, including dependent coverage, life and long-term disability insurance coverages. 2025 $30 increase for single coverage ($1,075/per month) $90 increase for family coverage ($1,525/per month) 2026 $30 increase for single coverage ($1,105/per month) $90 increase for family coverage ($1,615/per month) 2027 $30 increase for single coverage ($1,135/per month) $90 increase for family coverage ($1,705/per month) 11.2 The EMPLOYER will allow (permanent and probationary full time) employees who are covered by a group plan elsewhere to waive City health insurance coverage and receive $250 per month to be paid into a deferred compensation plan. 11.3 The EMPLOYER will contribute sixty dollars ($60) per month per (permanent and probationary full-time) employee into a City designated health savings account for all employees enrolled in an IRS qualified high deductible health plan. Employees moving from the discontinued co-pay plan for 2025 will have the City’s contribution to the 2025 health savings account outlined above advanced as a single amount in January 2025. The City will not make a further contribution to that employee’s health savings account for the balance of 2025. 11.5 Additional life insurance can be purchased by employees at the employee’s expense to the extent allowed under the EMPLOYER’S group policy. ARTICLE 12 UNIFORMS The EMPLOYER shall provide required uniform and equipment items. ARTICLE 13 INJURY ON DUTY Employees injured during the performance of their duties for the EMPLOYER and thereby rendered unable to work for the EMPLOYER will be paid the difference between the employee's regular pay and Worker's Compensation insurance payments for a period not to e xceed ninety (90) working days per injury, not charged to the employee's vacation, sick leave or other accumulated paid benefits, after a five (5) working day initial waiting period per injury. The five 202 Item 5. 9 (5) working day waiting period shall be charged to the employee's sick leave account less Worker's Compensation insurance payments. ARTICLE 14 HOLIDAYS In lieu of holidays, employees shall be paid (13) eight-hour days per year. Employees required to work on any of the following twelve holidays: New Year's Day, Martin Luther King Day, President's Day, Easter or EID Al-Adha (to be selected by 1/1 of the year), Memorial Day, Juneteenth, Fourth of July, Labor Day, Veterans Day, Thanksgiving Day, Day After Thanksgiving, Christmas Eve Day, and Christmas Day shall receive an additional one-half time for each hour they work on a holiday. ARTICLE 15 SICK LEAVE 15.1 Sick leave shall be earned by all permanent and probationary employees who are not advanced sick leave pursuant to Section 15.5 at the rate of one (1) working day for each calendar month of full-time service or major fraction thereof. Sick leave shall be available as it is accrued. . Promotional probationary employees may make use of sick leave, however, the probationary period may be extended a like period of time at the discretion of the EMPLOYER. 15.2 Sick leave may be accumulated to a maximum of 960 hours. One-half (1/2) of the sick leave in excess of 960 hours shall be granted as additional vacation leave the calendar year after such surplus is earned. 15.3 Sick leave may be granted only for absence from duty as outlined in the City’s Earned Sick and Safe Time (ESST) policy. Such time will also be considered as time used under the City’s ESST policy. The parties agree that the weather event provision in the statutory ESST law outlined in Minnesota Statute Section 181.9447, subdivision 1, clause (4) is waived as to its application for all positions in the bargaining unit. 15.4 Any employee leaving the municipal service in good standing after giving proper notice of such termination of employment shall receive severance payment based on their most recent salary level for earned and unused sick leave based on the following schedule . Advanced sick leave pursuant to Section 15.5 will not be con sidered for purposes of sick leave payout: During employment year 1-5: 20% During employment year 6-10: 33% During employment year 11-19: 40% During employment year 20+: 50% All such sick leave severance pay will be placed into the employee’s Post Employment Health Care Savings Plan on a mandatory basis, in accordance with IRS regulations. 15.5 The City Manager may advance 96 hours of sick leave to newly hired employees. Employees who are on advanced sick leave pursuant to this Section will no t accrue sick leave during the 12 months of initial employment as outlined in 15.1. In addition, advanced sick leave pursuant to this Section will not be considered as part of any severance payment pursuant to Section 15.4. Advanced sick leave will be co nsidered used prior to use of accrued sick leave. 203 Item 5. 10 ARTICLE 16 FUNERAL LEAVE An employee may be entitled to a maximum of forty hours with pay, at the sole discretion of the City Manager, for death in the immediate family. Immediate family is defined as follows: spouse/significant other and the following of either the employee or the employee’s spouse/significant other: mother, father, children, sister, brother, grandparents, grandchildren, or dependents. That time is not chargeable against any accrued vacation or sick leave provided pursuant to this AGREEMENT but will be considered as time used pursuant to the City’s ESST policy. ARTICLE 17 VACATION 17.1 Each permanent and probationary employee shall accrue vacation time on the following basis: New employees will start employment with 40 hours of advanced vacation and accrue an additional two weeks during the first year. Vacation leave may be used as it is accrued, at the discretion of the supervisor. See schedule below: During employment year 2 through 5 .................................. 15 days per year During employment year 6 through 10 ................................ 20 days per year During employment year 11 ................................................. 21 days per year During employment year 12 ................................................. 22 days per year During employment year 13 ................................................. 23 days per year During employment year 14 ................................................. 24 days per year During employment year 15 ................................................. 25 days per year During employment year 16 ................................................. 26 days per year During employment year 17 ................................................. 27 days per year During employment year 18 ................................................. 28 days per year During employment year 19 ................................................. 29 days per year During employment year 20 plus .......................................... 30 days per year Individuals with prior service as a police officer or deputy in another jurisdiction who are hired into the bargaining unit from and after July 1, 2018 may be initially placed at the vacation accrual level equivalent to their prior service in law enforcement as determined by the Police Chief. Thereafter movement through the vacation accrual levels will be based upon the individual’s service with the City. 17.2 Any employee leaving the municipal service in good standing after giving proper written notice provided to the employee’s supervisor at least fourteen calendar days prior to the effective date of resignation. Advanced vacation as outlined in Section 17.1 will not be eligible for payout. 17.3 Vacation leave is intended as a period of rest and relaxation and may not be waived by an employee for the purpose of receiving double pay. 17.4 Vacation leave may not be accumulated to any amount greater than one and one-half times an employee’s annual earned vacation. ARTICLE 18 POLICE PROFESSIONAL LIABILITY INSURANCE The EMPLOYER will provide Police Professional Liability Insurance for all Sergeants. 204 Item 5. 11 ARTICLE 19 WAGE RATES 19.1 Effective January 1, 2025: Entry: $10,379.75 per month After 1 year: $10,706.04 per month 19.2 Effective January 1, 2026: Entry: $10,794.94 per month After 1 year: $11,134.28 per month 19.3 Effective January 1, 2027: Entry: $11,276.74 per month After 1 year: $11,579.65 per month 19.4 Education Incentive Bachelor’s Degree: $100/month Master’s Degree: $300/month 19.5 Multilingual Skills Employees with multilingual skills (i.e. speak English and at least one other language fluently as determined by the City) shall receive $150 per month incentive. 19.6 Training Instructors Employees assigned by the Police Chief to serve as training instructors in Use of Force or Firearms will receive one hundred dollars ($100) per month while on such assignment. Employees serving as instructor in multiple areas will not be eligible for more than one differential pursuant to this section. 19.7 Investigative Sergeant Employees assigned by the Police Chief to serve as Investigative Sergeant will receive two hundred fifty dollars ($250) per month while on such assignment. 19.8 As a form of additional compensation, the City will contribute $1 per permanent and probationary full-time employee toward a city-sponsored deferred compensation program for every $1 contributed by such employee toward such city-sponsored deferred compensation program. Such employer contribution will not exceed $450 for calendar years 2025 through 2027. 19.9 Effective upon ratification, employees assigned as Field Training Officers (FTO) shall receive $4.00 per hour for each hour of their shift spent performing Field Training Officer duties. ARTICLE 20 CALL BACK TIME An employee who is called back to duty during his/her scheduled off-duty time shall receive a minimum of two (2) hours’ pay at one and one-half times the employee’s base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hour minimum. ARTICLE 21 OVERTIME 21.1 Employees will be compensated at one and one-half (1 ½) times the employee’s regular base pay rate for hours worked in excess of the employee’s regularly scheduled shift. Changes of shift do not qualify an employee for overtime under this article. Effective with the 2009 schedule change, employees will be in cluded on the department overtime roster. 21.2 Overtime will be distributed as equally as practicable 21.3 Overtime offered to employees will for record purposes under Article 21.2 be 205 Item 5. 12 considered as unpaid overtime worked. For purposes of this article, the inability of the Employer to make contact with the employee and/or the non -response of the employee will be considered overtime offered 21.4 For the purpose of computing overtime compensation, overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked 21.5 Overtime will be calculated to the nearest fifteen (15) minutes 21.6 Employees have the obligation to work overtime or call backs if requested by the EMPLOYER unless unusual circumstances prevent the employee from so working 21.7 Training shall be paid at straight time. Department meetings shall be paid as follows: Designated training portion: Straight time Designed Department Meeting portion: One and one-half times the employee’s regular base rate Department meetings do not qualify for the two-hour minimum under Article 20. Training and/or department meetings scheduled during an employee’s scheduled off- duty hours shall be paid at one and one-half (1 1/) times the employee’s regular base pay rate. A change to an employee’s scheduled shift to attend trainings and/or department meetings does not qualify an employee for time and one-half 21.8 An employee may choose to receive compensatory time in lieu of monetary payment for overtime hours worked. Compensatory time may be accumulated to a maximum of 36 hours. ARTICLE 22 COURT TIME An employee who is required to appear in Court during his/her scheduled off -duty time shall receive time and one-half (1 ½) for all hours spent making the Court appearance with a minimum of two (2) hours pay at one and one-half times (1 ½) the employee’s base pay rate. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the two (2) hour minimum. An employee who is required to appear in court during his/her scheduled off-duty time shall receive time and one-half (1 ½) for all hours spent making the Court appearance with a minimum of three (3) hours pay at one and one-half times (1 ½) the employee’s base pay rate. An extension or early report to a regularly scheduled shift for Court appearance does not qualify the employee for the three 93) hour minimum. For Anoka County Attorney’s Office cases, when a Police Sergeant is off duty and has been notified that his or her testimony may be necessary, the Police Sergeant shall receive two hours of standby compensation at straight time (to be paid or taken as compensatory time at the Sergeant’s election) for each day that he or she is to continue calling for instructions. Maximum accumulation of compensatory time, however earned, cannot exceed 36 hours. ARTICLE 23 P.O.S.T. LICENSE The Employer shall pay the P.O.S.T license fee for each Sergeant when due. 206 Item 5. 13 ARTICLE 24 WAIVER 24.1 Any and all prior agreements, resolutions, practices, policies, rules and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this AGREEMENT, are hereby superseded. 24.2 The parties mutually acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understandings arrived at by the parties are set forth in writing in this AGREEMENT for the stipulated duration of this AGREEMENT. The EMPLOYER and the UNION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this 24.3 AGREEMENT, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this contract was negotiated or executed. ARTICLE 25 DURATION This AGREEMENT shall be effective as of January 1, 2025, except as otherwise noted, and shall remain in full force and effect until the th irty-first day of December, 2027. CITY OF COLUMBIA HEIGHTS LOCAL 342 _______________________ _______________________________ Amáda Márquez Simula, Mayor Sean McKnight, Business Agent _______________________ _______________________________ Aaron Chirpich, City Manager Tim Noll, Union Steward 207 Item 5. CITY COUNCIL MEETING AGENDA SECTION CONSENT AGENDA MEETING DATE JANUARY 27, 2025 ITEM: Adopt Resolution 2025 - 020, Appointment of Hearing Examiners DEPARTMENT: Community Development BY/DATE: Andrew Boucher, City Planner, January 22, 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 X Equitable, Diverse, Inclusive, and Friendly X Trusted and Engaged Leadership _Thriving and Vibrant Destination Community X Strong Infrastructure and Public Services _ Sustainable BACKGROUND The City Council has taken a series of actions over the last several months through ordinance to establish an administrative citation and hearing process. Some of these actions include amending Chapter 3 – Administrative Code to allow for in-person and virtual hearings, enabling the Zoning Administrator to use administrative citations as a form of enforcement, and the creation of a Hearing Examiner appointment. After establishing the position of Hearing Examiner, the City Council and staff amended the ordinance to include a process for interviewing, evaluating, and approving these individuals to serve as Hearing Examiners. City Council and staff interviewed two individuals, Michael Freske and Inti Martínez-Alemán, on January 16 and January 17, 2025 to assess their qualifications, comfort level in engaging with diverse communities, and what made them interested in the position as well as offering an opportunity to discuss the overall goals of establishing a fair and equitable process. City Council gave both individuals a positive recommendation and directed staff to prepare a resolution to appoint both Michael Freske and Inti Martínez-Alemán to the position of Hearing Examiner. RECOMMENDED MOTION(S): MOTION: Move to waive the reading of Resolution 2025 - 020, there being ample copies available to the public. MOTION: Move to adopt Resolution 2025 – 020, appointing City of Columbia Heights Hearing Examiners. ATTACHMENT(S): Resolution 2025 – 020 208 Item 6. Resolution No. 2025 - 020 RESOLUTION NO. 2025 - 020 A RESOLUTION APPOINTING HEARING EXAMINERS WHEREAS, The Council appoints members periodically to serve as Hearing Examiners; WHEREAS, the City Council and staff met with individuals who applied for the Hearing Examiner position during interviews held on January 16th and January 17th, 2025 and discussed the applicants’ qualifications, experience, and familiarity and comfort engaging and communicating with diverse communities as well as understanding of language access issues; and WHEREAS, by implementing a structured approach, the City of Columbia Heights can establish an effective and equitable process for approving and evaluating hearing examiners, ultimately enhancing community trust and ensuring fair treatment for all residents. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights, to approve the following appointments to the position of Hearing Examiner based on their qualifications, legal experience, and communication skills with community members. 1. Michael Freske 2. Inti Martínez-Alemán Passed this _________ day of ______________________, 2025 Offered by: Seconded by: Roll Call: Amáda Márquez Simula, Mayor Attest: Sara Ion, City Clerk/Council Secretary 209 Item 6. ITEM: Resolution 2025-22, amending resolution 2024-103 awarding a consulting contract to Spano Group Advisors LLC. DEPARTMENT: Finance BY/DATE: Joseph Kloiber/ January 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 Then enclosed resolution 2025-2022 amends the City Council’s related action at its December 9, 2024, meeting:  To increase the dollar amount of the initial $15,000 contract by $5,000 to provide for additional participants in the leadership development phase of the 2025 strategic planning process and to pay for ancillary costs related to the leadership workshop.  To establish a budget in Special Project Fund 226 to fund the contract award . Additionally, for recordkeeping purposes we note here that the contractor was selected as “sole source” because of the specific background and experience of the primary facilitator at the Spano Group who served as a former city council member and mayor at the City of Saint Louis Park Minnesota. One additional quote was secured for leadership development consulting services from Phil Kern. This provider did not offer the same scope of services and did not have the same team member credentials as the Spano Group. For these reasons, the Spano Group was selected. RECOMMENDED MOTION(S): MOTION: Move to waive the reading of Resolution 2025-22, there being ample copies available to the public. MOTION: Move to adopt Resolution 2025-22, being a resolution amending resolution 2024-103 awarding a consulting contract to Spano Group Advisors LLC. ATTACHMENT(S): Resolution 2025-22 Resolution 2024-103 Spano Group Proposal Phil Kern Proposal CITY COUNCIL MEETING AGENDA SECTION CONSENT AGENDA MEETING DATE JANUARY 27, 2025 210 Item 7. RESOLUTION NO. 2025-22 A RESOLUTION AMENDING RESOLUTION 2024-103 AWARDING A CONSULTING CONTRACT TO SPANO GROUP ADVISORS LLC WHEREAS, the Columbia Heights City Council has adopted Resolution 2024-03, awarding a consulting contract to Spano Group Advisors LLC for leadership development consulting for $15,000 in conjunction with the City of Columbia Heights’ 2025 strategic planning process; and WHEREAS, city staff recommend increasing the original scope of services by $5,000 based on a consideration of the associated costs and benefits of the services; and WHEREAS, the Columbia Heights Charter requires all expenditures to be budgeted: Now, therefore, in accordance with all ordinances and regulat ions of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: ORDER OF COUNCIL It is hereby resolved, that Resolution 2024-103 is amended to add the following: BE IT FURTHER RESOLVED that the contract is authorized for up to $20,000 and that the 2025 budget for Special Project Fund 226 is amended to appropriate this amount from existing fund balance. Passed this 27th day of January 2025 Offered by: Seconded by: Roll Call: _________________________________ Mayor Amáda Márquez Simula __________________________________ Sara Ion, City Clerk 211 Item 7. Columbia Heights Leadership Workshop Proposal Winter 2025 City Leadership Workshop Facilitation September 19th, 2024 Submitted by: 212 Item 7. 2 CITY COUNCIL AND STAFF RETREAT TIMELINE AND PROPOSED RETREAT OVERVIEW ___________________________________________________________________ What follows is based on conversations with city leadership and expresses our understanding as the topline needs for this group of community leaders, an approximate timeline, a proposed set of topics for this year’s workshop and finally the team and an approximate price to complete the work. Summary/Overview: • As discussed on our call, the City of Columbia Heights has an exceptional opportunity to embed the positive culture of good government in the city through professional development workshops as an investment in the professional development of the city council and senior staff to deliver on the needs of their neighbors. • While the city council invests, as any responsible city would, in the professional development of their staff, the residents of the city would also be well served by a more intentional and consistent investment by the council and leadership staff in their own development as a high functioning team. • This investment is built on four core pillars: o Governance – The exercise of responsibilities in the council/manager form of government will improve through a thorough understanding of a simple but effective governance model for the city. o Norms – Beyond its form government, rules of procedure, and other formal structures that guide the roles of staff and council, the council could benefit from creating a set of norms that would address some of the “grey” areas not codified in other formal ways. Efforts to adhere to norms and governance will go a long way towards building trust amongst the team. o Relational Learning – Understanding not what members of the team think about specific policies but how they approach the process of exploring those discussions through relational learning will build closer relationships amongst the members of the team and better outcomes for the public. o Process and Procedure – ensuring that everyone on the team understands how the city works and how it can be improved will prevent members of the team from toppling the other three pillars. • This is intended to be a useful and pleasant experience while also challenging members to think differently about themselves, each other, and their roles in the community. • This model of creating a high performing team is adaptable and should be repeated annually to ensure that the practice of intentional excellence is embedded in the civic culture of the city of the city. By investing this time annually its efficacy is limitless. • SGA team to include (full bios attached): o Jake Spano, SGA founder and principal facilitator o Kori Shingles, Advanced True Colors Certified Practitioner • Contract estimate: o $15,000, based on finalized agenda. ▪ Estimate excludes educational materials/articles/etc. that the city will need to procure as part of the advance work, or the retreat or food provided during the retreat (as noted in the attached agenda. 213 Item 7. 3 Project Timeline January First week of January • Council consideration of proposal. Second week of January • Contracts signed and received. • Workshop date set. • SGA and City Staff meet virtually to create a planning group of Columbia Heights leadership (usually two elected officials and two staff members) to help guide final workshop agenda, location, and content. o One city staff member will be needed to assist SGA in coordinating with attendees by sharing emails, facilitating location set up, etc. o The location should be in the city, well known and accessible to the public, with some basic technology services including Wi-Fi, projection screens, etc. Third week of January • SGA conducts 45 min remote interviews with attendees to inform/finalize program components and delivery (questions shared in advance). • Planning group meets virtually to review findings of interviews and finalize a location for the workshop. Fourth week of January • Council and staff “homework” as assigned by SGA o Reading on governance model (25 pages) and True Colors assessment conducted by Kori Shingles. February First week of February • Final planning items, agenda setting, and logistics. Second week of February • Two-day retreat (facilitated in person). End of February • Follow up documents provided by SGA that memorialize and summarize the work of the council, SGA assessments, and provide action items for the council and staff to focus on in the next twelve months. Check in Dates • 30-60-180-day check-in dates set (attended remotely or in person by SGA team with planning group from the city on status of implementation and action items). o The purpose of the check in is to assess progress towards the learnings from the workshop, areas that need improvement and possible additional work to support retreat learnings. • Discuss feasibility of 2024 retreat and possible dates. August • Begin planning for 2026 retreat. 214 Item 7. 4 Draft Retreat Outline Day One Time: 3pm – 9pm Attendees: • Council • City Manager (department heads optional) Theme: • The importance of building connection and trust between members of the group to create a high performing team by: o Understanding not what your colleagues think, but how they think about challenges and questions put before them? o Creating “norms” for the group that inform not what we will work on but how we will work together and, in the process, build trust. Elements: • 3 – 3:30pm: Introductions • 3:30 – 4:30pm: Group discussion on best practices in council/staff working relationships • 4:30 – 6:30pm: Creation of norms by council (examples provided to attendees in advance) • 6:30 – 7pm: Dinner • 7– 8:45pm: Relational Learning True Colors assessment review with Kori Shingles. • 8:45 – 9pm: Closing thoughts/Review of the day Day Two Time: 8:30am – 4pm Attendees: • Council • City Manager • Department heads Theme: • What’s my role on the team and how do we respond when things change or are in conflict to make sure we remain a high performing team? Elements: • 8:30 – 9am: Informal Breakfast • 9 – 9:15am: Check in from yesterday • 9:15 – Noon: Governance Review • Noon – 12:30pm: Lunch • 12:30 – 3:00pm: Process transparency and clarity • 3 – 3:30pm: Reflections from Mayor/Council/City Manager • 3:30 – 3:45pm: Next steps/questions • 3:45 – 4pm: Closing thoughts 215 Item 7. 5 SGA Advisors Jake Spano Retreat Facilitation, Relational Learning, Coaching, and Executive Leadership Jake Spano is a leader in the Twin Cities political, business, and strategic communications/organizational leadership community. He’s successfully driven organizational transformations at all levels of his professional career and is a recognized expert in strategic analysis and crisis communications. He is an adjunct professor teaching Executive Leadership in the public sector in the Minnesota State Colleges and Universities system and is a trusted leadership resource at the local and statewide level through building collaborative spaces for his colleagues. Jake served on the St. Louis Park, Minnesota City Council from 2012-2025, as both a council member and mayor. He was selected to serve on a number of regional, state and national advisory bodies including the Executive Committees for the Regional Council of Mayors, the Board of Directors for the National League of Cities (NLC) and as the co-chair of the NLC’s Race, Equity and Leadership (REAL) council, a member of the U.S. Conference of Mayors and co-founder of Minnesota Mayors Together, a diverse coalition of Minnesota mayors working to build prosperous and equitable communities throughout the state. Jake began his public service career with U.S. Senator Amy Klobuchar, spent four years as the Director of Marketing and Federal Government Relations for the City of Saint Paul in Mayor Coleman’s administration and served the people of Minnesota as the Deputy Secretary of State from 2015-2022. Kori Shingles Advanced True Colors Certified Facilitator, Diversity, Equity, and Inclusion Leadership Kori Shingles is a skilled educator and facilitator who is passionate about breaking down barriers and uncovering procedural issues that are often overlooked. Kori’s skills are unique in that they were crafted and refined in a variety of different industries and utilize her experience in coaching and athletics, facility and recreation management, and living each day as a black woman in a white dominant society. Kori is an Advanced True Colors Certified Facilitator, a ToP Facilitation Method Facilitator, and holds a Diversity, and Inclusion Workplace Certificate from the University of South Florida’s MUMA College of Business. Kori is from Kansas City, Kansas, but has lived in Minnesota for over 15 years. She majored in Spanish for her undergraduate degree at Cornell College in Iowa, and then moved to Central Michigan University and completed her Master of Science in Administration. 216 Item 7. 6 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (this “Agreement”) is made and entered into as of the ____ day of ____________________, 2024 (the “Effective Date”), by and between the City of Columbia Heights, Minnesota (the “Client”) and Spano Group Advisors LLC (the “Consultant”). WHEREAS the Client wishes to obtain the professional services of the Consultant; and, WHEREAS, the Consultant has the knowledge, skill, and capability to perform such services for the Client. THEREFORE, in consideration of the foregoing, the parties agree as follows: AGREEMENTS In consideration of the recital above and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Consultant Responsibilities; Fees. Consultant will perform the services as identified in Exhibit A (the “Services”) to the reasonable satisfaction of Client. The Client shall pay the Consultant $7,500.00 within 15 days of the date of this Agreement and $7,500.00 within 30 days of the completion of the Services. The contractor is an independent contractor and shall be solely and personally responsible for all federal, state, and local taxes, contributions, and other liabilities regarding such payments. 2. Expenses. The Client will reimburse the Consultant for all expenses incurred in the execution of the Agreement including but not limited to meals, transportation, lodging or on-site activities or supplies/educational materials. Such reimbursement will be made within 30 days of being invoiced. 3. Term. The term of this Agreement shall be from the date of this Agreement until completion of the Services and payment therefor by the Client. 4. Relationship. Nothing in this Agreement shall be understood or construed to create or imply any relationship between the parties in any joint venture, employer/employee, or partnership. Consultant shall in no way be construed as an employee of the Client pursuant to this Agreement. Neither party shall have the authority to nor shall either party attempt to create or assume any obligation by or on behalf of the other party. 5. Miscellaneous. This Agreement may not be assigned without the written consent of the other party. Consultant services are personal in nature and may not be assigned or delegated to any other person. This Agreement represents the entire Agreement between the parties and supersedes any prior oral or written understandings with respect to the Services. This Agreement may only be amended by an agreement signed in writing by all the parties hereto. Upon execution, this Agreement will be a valid and binding obligation of each party and enforceable in accordance with its terms. CONSULTANT: By: _________________________ Title: _________________________________ Signature: _________________________ Date: ________________________________ CLIENT: By: _________________________ Title: _________________________________ Signature: _________________________ Date: ________________________________ 217 Item 7. City of Columbia Heights 2025 Strategic Leadership Process September 20, 2024 Mr. Aaron Chirpich City Manager City of Columbia Heights RE: Proposal for Strategic Leadership, 2025 & 2026 Dear Aaron- It is my pleasure to submit to you this proposal for facilitating the City of Columbia Heights 2025 Strategic Leadership process. Leading in local government presents considerable challenges, making collaboration among leadership teams essential for effective organizations. It’s crucial to create a shared vision and strategies that steer both the organization and the City toward that vision. A well-defined vision and long-term strategies empower decision-makers and staff to tackle short-term goals and daily tasks with a unified understanding of their objectives and purpose, fostering clarity across all leadership levels. This approach can enhance various aspects of local government leadership, such as budgeting, project prioritization, and everyday decision-making. The time and effort required for a strategic planning process are substantial, but they are investments that yield significant returns. In this proposal, I will outline the components and outcomes of the process, but it’s equally important to emphasize the value of coming together as a leadership team to discuss the City and its organization. Governing bodies often find themselves consumed by urgent issues, making it essential to periodically step back and address both urgent and long-term matters that affect the City’s future. As a City Administrator, I have found that conducting a strategic planning and goal-setting process every two years, along with periodic check-ins in between, has been a beneficial practice for my City’s leadership team. Having worked with Columbia Heights for several years, I have a strong understanding of the past work on strategic planning and leadership. With organizational changes since the last strategic plan, the objective in 2025 is to start fresh, using past planning as background, and develop a new Strategic Plan to guide the City. I think this is a healthy and normal process to allow the Council and staff leadership freedom to have a fresh look at organizational and community conditions, then establish strategies and goals to guide the city in the coming years. Attached is an outline of the recommended Strategic Leadership process for 2025. This outline includes an explanation of the process and outcomes. This process will be similar to the activities the City has used in the past, with adaptations to meet your current needs. Additionally, the second page of the attachment gives a glimpse of a recommended follow-up program for 2026 that focuses on evaluating progress, considering changing conditions, and updating the short-term workplan. The fee for facilitation services to complete the 2025 Strategic Leadership process is $3,300. It is anticipated that 218 Item 7. the fee for facilitation of the 2026 Workplan Refinement program would range from $2,100 - $3,300 (depending on potential alternatives). Facilitation services will include preparation of agenda and materials for the session. All materials will be provided to you electronically at least three working days prior to each session. Additionally, a final report containing the outcomes of the session will be provided electronically no later than seven days after the completion of the session. The City shall be responsible for providing the necessary copies of materials for participants and any requested by members of the public. Payment shall be remitted within 30 days of submission of the final report. Thank you for the opportunity to submit this proposal and it would be a pleasure to once again work with the City of Columbia Heights. Phil Kern Facilitator - - - - - - - - - - - - - Reviewed and accepted by the City of Columbia Heights. ______________________________________________________ Date: ______________________________________ 219 Item 7. Strategic Leadership The Strategic Leadership program guides the organization’s leadership team, including both elected officials and staff leaders, through a developed process built around developing a shared long-term vision, agreement about organizational values, and consensus around the immediate priorities. Participants: City Council, CA/CM, Department Heads, other stakeholders Fundamentals: Establish Long-Term Vision Define Organizational Culture Develop Actionable Goals Outcomes: Establish Long-Term Vision • Vision Statement (optional) • Core Strategies • Strategic Objectives Define Organizational Culture • Mission • Values • Roles and Responsibilities Develop actionable Short-Term Goals • Facilitated discussion of strengths, challenges, issues, and impacts • 1-2 year Goals • Workplan Frequency: 2-4 years, impacted by: • Substantial changes in leadership • Significant community or organizational changes • Major external impacts Format: Recommended: • Two sessions o First focused on defining vision, culture, and SWOT analysis o Second focused on refinement, consensus-building, and goal development • Typically around 3 hours per session • 1-2 weeks between sessions, consultant and CA/CM work between Alternative: • One Session o Advance work is crucial, initial vision input solicited by worksheet before the session o Longer session refines vision and culture, SWOT analysis and goal development • Typically around 5-6 hours per session with 20-30 minute break * Additional programs available for adding into the program. 220 Item 7. Workplan Refinement The Workplan Refinement platform is designed for implementation in settings that have a shared and understood long-term vision and organization priorities. Often a follow-up to the Strategic Leadership process but also available as a standalone, this program is designed around review of current goals, refinement, and establishing new short-term goals. Much of the focus is around the present strengths, weaknesses, issues, and trends. Participants: City Council, CA/CM, Department Heads, other stakeholders Fundamentals: Comprehensive review of Short-Term goal progress Facilitated discussion of strengths, challenges, issues, and impacts Confirm/Refine/Create Actionable Goals Outcomes: Review of Long-Term Vision and Organizational Values Feedback of Progress on Existing Goals (if previously established) Assessment of strengths, challenges, issues, and impacts Updated actionable Short-Term Goals • Confirm/Review/Create 1-2 year Goals • Workplan Frequency: Annually • Year(s) following Strategic Leadership Program Format: Recommended: • One Session • Typically around 3 hours • Ability to add additional organizational development programs Alternative: • Two Sessions o Advance session with CA/CM and Department Heads to review progress, assess goal performance, and develop progress report for City Council and session participants (+/- 2 hours) o Primary session as outlined above • Ability to add additional organizational development programs 221 Item 7. ITEM: 2024 Pay Equity Report DEPARTMENT: ADMINISTRATION BY/DATE: KELLI WICK/01/232025 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) _Healthy and Safe Community X_Equitable, Diverse, Inclusive, and Friendly _Trusted and Engaged Leadership _Thriving and Vibrant Destination Community X_Strong Infrastructure and Public Services _Sustainable BACKGROUND The Minnesota Department of Management and Budget notified the City of Columbia Heights in its e-mail dated November 2024 that we must submit our Pay Equity Information as required by the Lo cal Government Pay Equity Act. Our jurisdiction was found in compliance based on our 20 21 report and the next regular report is due January 31, 2025. This report must show data in place as of December 31, 2024. State law (M.S. 471.991-471.999) and Minnesota Rules (Chapter 3920) requires all public jurisdictions to eliminate any sex-based wage inequities in compensation. Pay Equity is a method of eliminating discrimination against women who are paid less than men for jobs requiring comparable levels of expertise. A policy to establish pay equity usually means: 1) that all jobs will be evaluated and given points according to the level of knowledge and responsibility required to do the job; and 2) that salary adjustments will be made if it is discovered that women are consistently paid less than men for jobs with similar points. In conducting preliminary reports of our pay equity data, it appears that we are in compliance. The report reviews the total number of male and female employees listed for each job class including part -time employees who work at least an average of 14 hours per week and 67 days per year. It determines if male and female dominated classes are being paid in a manner that eliminates discrimination against women. The compensation for female-dominated classes should not be consistently below the compensation for male - dominated classes of comparable work value. Jurisdictions are found in compliance if they achieve an underpayment ratio of 80% or more. The city has an underpayment ratio of 174.7059%. STAFF RECOMMENDATION It is recommended that the City Council review and accept the Pay Equity Compliance report. After review and acceptance, the report will be forwarded to the State of Minnesota Pay Equity Coordinator. CITY COUNCIL MEETING AGENDA SECTION CONSENT MEETING DATE 01/27/2025 222 Item 8. City of Columbia Heights - Council Letter Page 2 RECOMMENDED MOTION(S): MOTION: Move to accept the City of Columbia Heights 202 4 Pay Equity Report. ATTACHMENT(S): Compliance Report 223 Item 8. Compliance Report Jurisdiction:Columbia Heights Report Year:2025 3989 Central Avenue NE Case:1 - 2024 DATA (Private (Jur Only)) Columbia Heights, MN 55421 Contact:Kelli Wick Phone:(763) 706-3608 E-Mail:kwick@columbiaheight smn.gov The statistical analysis, salary range and exceptional service pay test results are shown below. Part I is general information from your pay equity report data. Parts II, III and IV give you the test results. For more detail on each test, refer to the Guide to Pay Equity Compliance and Computer Reports. I. GENERAL JOB CLASS INFORMATION Male Classes Female Classes Balanced Classes All Job Classes # Job Classes 34 27 9 70 # Employees 86 33 36 155 Avg. Max Monthly Pay per employee 8382.20 7287.12 7442.26 II. STATISTICAL ANALYSIS TEST A. Underpayment Ratio = 174.7059 * Male Classes Female Classes a. # At or above Predicted Pay 12 17 b. # Below Predicted Pay 22 10 c. TOTAL 34 27 d. % Below Predicted Pay (b divided by c = d)64.71 37.04 *(Result is % of male classes below predicted pay divided by % of female classes below predicted pay.) B. T-test Results Degrees of Freedom (DF) = 117 Value of T = -3.163 a. Avg. diff. in pay from predicted pay for male jobs = 3 b. Avg. diff. in pay from predicted pay for female jobs = 485 III. SALARY RANGE TEST = 96.36 (Result is A divided by B) A. Avg. # of years to max salary for male jobs = 4.82 B. Avg. # of years to max salary for female jobs = 5.00 IV. EXCEPTIONAL SERVICE PAY TEST = 0.00 (Result is B divided by A) A. % of male classes receiving ESP = 2.94 * B. % of female classes receiving ESP = 0.00 *(If 20% or less, test result will be 0.00) Page 1 of 1 1/24/2025 10:06:27 AM 224 Item 8. ITEM: Purchase Order Authorization for 2025 Newsletter Printing Services . DEPARTMENT: Administration BY/DATE: Kat Watson / Jan 22, 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 _Strong Infrastructure and Public Services _Sustainable BACKGROUND Each quarter, the City produces a 24-page newsletter and recreation brochure to be distributed to all City residents. Because annual printing services exceed $15,000, staff is requesting council authorization to process a blanket purchase order for 2025 printing costs. SUMMARY OF CURRENT STATUS The adopted 2025 Administration budget included newsletter printing costs based on historic pricing with the incumbent supplier, Nystrom Publishing. Two other quotes were obtained for 2025. Nystrom Publishing submitted the lowest bid at $6,237.78 per quarter and has historically provided the City with fast, dependable service. STAFF RECOMMENDATION Staff recommends approval of Purchase Order 25-1935 in the amount of $25,200.00 for 2025 newsletter printing services. RECOMMENDED MOTION(S): MOTION: Move for approval to authorize staff to process a blanket purchase order for 2025 newsletter printing services. ATTACHMENT(S): 2025 Printing Quotes CITY COUNCIL MEETING AGENDA SECTION CONSENT AGENDA MEETING DATE JANUARY 27, 2025 225 Item 9. From:Ryan Quinn To:Kat Watson Subject:RE: Columbia Heights 2025 Quote Date:Monday, January 6, 2025 4:22:16 PM Attachments:image002.png Hi Kat, The price for one newsletter is $6,237.78 for 11,950 which is the quantity we did in November. Let me know if you have any questions or need anything else. Thank you! Ryan Quinn Nystrom Publishing Company, Inc. 9100 Cottonwood Lane Maple Grove, MN 55369 Direct: 763-255-3506 Cell: 630-247-6989 ryan@nystrompublishing.com From: Kat Watson [mailto:kwatson@columbiaheightsmn.gov] Sent: Monday, January 6, 2025 2:27 PM To: Ryan Quinn Subject: Columbia Heights 2025 Quote Hi Ryan Could you please send a quote for printing the newsletter for 2025? Please use the same specs/qty that we have done historically. Should be for four printings this year. Any questions, please let me know. Thanks! Kat Watson | Community Relations Specialist City of Columbia Heights | Administration Department 3989 Central Avenue NE | Columbia Heights, MN 55421 kwatson@columbiaheightsmn.gov Direct: 763-706-3615 | Main: 763-706-3600 226 Item 9. Disclaimer: Information in this message or attachment may be government data and thereby subject to the Minnesota Government Data Practices Act; may be subject to attorney-client or work product privilege; may be confidential, privileged, proprietary, or otherwise protected. The unauthorized review, copying, retransmission, or other use or disclosure of the information is strictly prohibited. If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly delete this message from your computer system. 227 Item 9. Date: Friday, January 10, 2025 Estimate: E246582 Printing Proposal Prepared For: City of Columbia Heights, Kat Watson We are pleased to submit the following quote as requested, based on the specifications provided: Description: 24-page Quarterly Newsletter Versions: 1 Final Quantity: 12,000 Page Count: 20 pgs. + 4 pg. cover Flat Size: 17 x 11 Finished Size: 8.5 x 11 Bleed: Yes Ink Colors: 4c/2s Paper: 60# Husky White Smooth Text Bindery: Saddle Stitch Proofs: PDF Mailing: Yes—9,900 Delivery: 2,100 delivered bulk to Murzyn Hall, 530 Mill St. NE, Columbia Heights Quantity 12,000 Total Price $8,499 Print/Binding: $7,665 Mailing: $834 Estimated Postage: $1.964 per piece If you have any questions, or need additional information, please feel free to call. Grace McGinley Bolger Vision Beyond Print The price(s) quoted here are subject to change if material prices change prior to order. All orders are subject to the standard Bolger Terms and Conditions included with this proposal. We will charge a 3.25% fee for all credit card transactions. Unless noted above: Deliveries- One local proof delivery and one local final product delivery included in price. Additional deliveries, drop shipments, kitti ng and freight are extra. Pricing assumes three variable fields. If your project requires more than three variable fields, we offer custom variable programming on an hourly or project basis. 0% Overs Allowed (delivered/billed) BOLGER TERMS AND CONDITIONS OF SALE All sales and offers to sell by Bolger Vision Beyond Print (hereinafter called Bolger) of services and products sold by it ar e subject to the following general terms and conditions which are deemed incorporated into all orders and offers to purchase submitted to Bolger for acceptance and in all of Bolger’s quotations and contracts of sale: 228 Item 9. (1) Controlling Conditions. Any order is subject to the terms (8) Preparatory Materials. Working mechanical art, type, (18) Buyer-Furnished Materials. Paper stock, inks, camera copy, and conditions set forth herein. Any provisions or conditions of a negatives, positives, flats, plates, and other items when supplied by film, color separations, and other Buyer-furnished material shall be Buyer’s form or other understandings or agreements which are in Bolger, shall remain its exclusive property unless otherwise manufactured, packed, and delivered to Bolger’s specifications. any way in conflict or in addition to these terms and conditions shall agreed in writing. Additional cost due to delays or impaired production caused by not be binding upon Bolger and shall not be applicable unless specification deficiencies shall be charged to the Buyer. expressly agreed to in writing by Bolger. (9) Alterations. Alterations represent work performed in addition to the original specification. Such additional work shall be charged (19) Limitation of Warranty and Claims; Liability. Bolger (2) Prices. Prices are subject to change without notice. However, at Bolger’s current rates. warrants that the goods sold to Buyer hereunder shall be free from on orders for shipment within ninety (90) days, prices in effect at defects in workmanship and material caused solely by Bolger, the date of Bolger’s order acknowledgement will apply unless the (10) Pre-press Proofs. Pre-press proofs shall be submitted with provided such goods are put to normal use and service. This shipment is delayed beyond ninety (90) days from the date of such original copy. Corrections are to be made on “master set,” and warranty shall remain in effect for six (6) months from the date of acknowledgement. On any order or any part of an order shipped returned marked “OK” or “OK with Corrections” and signed by the shipment by Bolger and is expressly in lieu of all other warranties ninety (90) days or more after the date of Bolger’s Buyer. If revised proofs are desired, request must be made when express or implied whether statutory or otherwise, INCLUDING acknowledgement, whether the delay is in accordance with the proofs are returned. Bolger will not be responsible for printing or ANY IMPLIED WARRANTY OF MERCHANTABILITY OR terms of the order or is from any other cause whatever, Bolger’s publishing errors resulting in any way from the Buyer’s delay in or FITNESS FOR A PARTICULAR PURPOSE. Bolger’s liability for prices in effect at time of shipment will apply. Before making any failure to return proofs with indication of changes or instructions by breach of warranty shall arise only upon the return of the defective shipment at a price in excess of that stated in Bolger’s a Buyer to proceed without submission of proofs. goods at Buyer’s expense after notice to Bolger of a claimed acknowledgement, Bolger will notify Buyer stating in the notice breach and shall be limited to furnishing a like quantity of such what part of the order is to be shipped at such higher price and (11) Press Proofs. Unless specifically provided in Bolger’s goods free from such defect or at Bolger’s option to refunding the thereupon Buyer shall have the right to cancel the part of the order quotation, press proofs will be charged at current rates. An purchase price for the returned goods. Notice to Bolger of claimed to which the increased price applies. If Buyer does not so cancel inspection sheet of any form can be submitted for Buyer approval, defects discoverable by inspection must be given within ten (10) within ten (10) days of said notice, the price increase recited in the at no charge, provided Buyer is available at the press during the days after Buyer’s receipt of shipment. In no event shall Bolger be notice shall be effective, and Buyer shall have no further right to time of makeready. Lost press time due to Buyer delay, or Buyer liable to Buyer, Bolger shall have the right, if necessary, to retain cancel. changes and corrections, will be charged at Bolger’s current possession of and shall have a lien on all Buyer’s property in rates. Bolger’s possession including work in process and finished work. (3) Taxes. Prices do not include federal, state, or local taxes, now The extension of credit or acceptance of notes or guarantees of or hereafter enacted, applicable to the goods sold, which tax or (12) Color Proofing. Because of differences in equipment, payments shall not affect such security interest and lien. taxes will be added by Bolger to the sales price where Bolger has processing, proofing substrates, paper, inks, pigments, and other the legal obligation to collect the same and will be paid by Buyer conditions between color proofing and production pressroom (20) Changes. Irrespective of any other term or condition of sale, unless Buyer provides Bolger with the proper tax exemption operations, a reasonable variation in color between color proofs Buyer’s order shall not be canceled, changed, or reduced in certificate. If Bolger is later assessed a tax (or interest or penalty) and the completed job shall constitute acceptable delivery. amount, nor any deliveries suspended by Buyer without Bolger’s related to its sale of goods to Buyer, Buyer shall pay the same prior written consent. within ten (10) days of notice from Bolger of such liability. (13) Over-runs and Under-runs. Over-runs or under-runs not to exceed 10% on quantities ordered, or the percentage agreed (21) Indemnification. Customer indemnities and holds harmless (4) Terms and Method of Payment. Where Bolger has extended upon, shall constitute acceptable delivery. Bolger will bill for actual Bolger from any and all loss, cost, expense, and damages credit to Buyer, terms of payment shall be as stated on the invoice. quantity delivered within this tolerance. (including court costs and reasonable attorney fees, whether or not All sums due Bolger shall bear interest from the date of invoice at suit be brought) on account of any and all manner of claims, one percent (1%) per month [twelve percent (12%) annual (14) Buyer’s Property. Bolger will maintain fire, extended demands, actions, and proceedings that may be instituted against percentage rate] if not paid within 30 days of the date of invoice coverage, vandalism, malicious mischief and sprinkler leakage Bolger on grounds alleging that services or goods produced by unless applicable law restricts such rate of interest in which event insurance on all property belonging to the Buyer while such Bolger violate copyrights or any proprietary right of any person, or the applicable interest rate shall be the maximum rate allowable property is in Bolger’s possession; Bolger’s liability for such that such goods contain any matter that is libelous or obscene or under applicable law. The amount of credit may be changed or property shall not exceed the amount recoverable from such scandalous, or invade any person’s right to privacy or other credit withdrawn by Bolger at any time. Anything to the contrary insurance. personal rights. The Buyer agrees, at the Buyer’s own expense, to notwithstanding, Bolger shall be under no obligation to make any promptly defend and continue the defense of any such claim, shipment when Buyer is in default under these terms and (15) Delivery. Goods shall be delivered F.O.B. Bolger’s plant in demand, action, or proceeding that may be brought against conditions or any other agreement between Buyer and Bolger. Pro Minneapolis, Minnesota, and title thereto and liability for loss and Bolger, provided that Bolger shall promptly notify the Buyer with rata payments are due from Buyer as shipments are made by damage in transit or thereafter shall pass to Buyer upon Bolger’s respect thereto. Bolger. If shipments are delayed by Buyer, payments are due from delivery of goods to a common carrier for shipment to Buyer or the date when Bolger is prepared to make such shipments. Claims upon delivery to Buyer, whichever occurs first. Claims for damages (22) Severability. If any provision or application of Bolger’s terms for defects, damages or shortages must be made by the Buyer in in transit must be asserted against the carrier. Shipping and and conditions of sale is held unlawful or unenforceable in any writing to Bolger within 15 days after delivery of the goods to which insurance charges, packaging costs, any duty and all taxes related respect, such illegality or unenforceability shall not affect other the claim relates. Failure to make such claim within the stated to Buyer’s order shall be paid by Buyer. Within 10 days after receipt terms, conditions, provisions or applications which can be given period shall constitute irrevocable acceptance by Buyer of the of shipment, Buyer must report to Bolger any shortage or damage effect and the remainder of Bolger’s terms and conditions of sale goods and an admission by the Buyer that the goods fully comply will be deemed waived. Shipping dates are contingent upon prompt shall be construed as if the unlawful or unenforceable provision or with the Buyer’s terms and conditions and specifications. receipt by Bolger of all Buyer-supplied materials and information. application had never been a part of Bolger’s terms and conditions All stipulated delivery or shipment dates are estimates only. Bolger of sale. (5) Experimental Work. Experimental or preliminary work reserves the right to make delivery in installments and the contract performed at the Buyer’s request will be charged at Bolger’s shall be severable as to each installment. Delay and delivery or (23) Collection Expenses/Attorney’s Fees. In addition to all current rates and may not be used until Bolger has been other default in any installment shall not relieve a Buyer of its other sums due Bolger, Buyer shall pay to Bolger all costs and reimbursed in full for the amount of the charges billed. obligation to accept and pay for remaining deliveries. All claims for expenses (including Bolger’s attorney’s fees), incurred by Bolger delay and delivery shall be deemed waived unless presented to in the enforcement of any liability of Buyer to Bolger whether or not (6) Creative Work. Creative work, such as sketches, copy, Bolger in writing within 30 days after delivery of each shipment. legal proceedings commenced. dummies, and all preparatory work developed and furnished by Bolger shall remain its exclusive property and no use of same shall (16) Liability. In no event shall Bolger be liable for increased (24) Law. The validity, construction, and performance of these be made, nor any ideas obtained therefrom be used, except upon manufacturing costs, loss of profits, or good will or any spe-cial, terms and conditions and any sale made hereunder shall be compensation to be determined by Bolger, and not expressly indirect, incidental, or consequential damages. governed by the internal laws of the State of Minnesota but not its identified and included in the selling price. laws of conflicts. (17) Contingencies. Bolger shall not be responsible for any (7) Condition of Copy. Upon receipt of original copy or failure to perform or delay in performance due to causes beyond its (25) Time and Place for Bringing Action. Any action for breach manuscript, should it be evident that the condition of the copy control. These causes shall include, but not be restricted to, fire, of contract between Buyer and Bolger must be commenced within differs from that which had been originally described and storm, flood, earthquake, destruction of plant or facilities, one (1) year after the cause of action has accrued. Such action consequently quoted, the original quotation shall be rendered void explosion, accident, act of a public enemy, war (whether declared must be venued in District Court, Hennepin County, Minnesota. and a new quotation issued. or undeclared), rebellion, insurrection, riot, sabotage, epidemic, quarantine restriction, labor dispute, labor shortage, (26) Modification of Standard Terms and Conditions. No transportation embargo, failure or delay in transportation, inability addition to or modification of any of the provisions upon the face or to secure raw materials, failure of machinery, acts of God, acts of reverse of Bolger’s quotation or acknowledgement form (or the United States or any other federal government or any agency Bolger’s standard terms and conditions) shall be binding upon thereof, acts of any state or local government or agency thereof Bolger unless made in writing and signed by a duly authorized and, judicial action, all whether foreseen or unforeseen. representative of Bolger. 229 Item 9. PLEASE NOTE: Paper prices are subject to costs on date of order. Labor costs are valid 90 days from estimate. Quotations are subject to review upon receipt of order, and are subject to regular trade customs. TO: Kat Watson, Community Relations Specialist DATE: January 10, 2025 Columbia Heights City Hall 3989 Central Avenue NE Columbia Heights, MN 55421 Description: 24-page quarterly newsletter with rec catalog (each is a 12 page, combined and flipped in orientation) Page count: 24-pg Size: 17 x 11 flat, 8.5 x 11 finished Paper: 60# Uncoated Ink: 4-color process w/ bleeds throughout Bindery: Fold, saddle stitch File submitted as: Adobe InDesign Package (Note: one 12-pg newsletter file comes from City Hall, and a separate 12-pg rec catalog file comes from Columbia Heights Rec – these need to be combined into one 24-pg booklet w/ flipped orientation for each section) Proofs: PDF Quantity: 12,000 Mailing: qty 9,900 Data file provided (city-wide Columbia Heights addresses, all within zip 55421) Data processing and delivery to DDUs for local delivery, deliver extras to Columbia Heights City Hall, 3989 Central Ave NE Mailing services and postage billed to city Shipping: 2,100 delivered bulk to Murzyn Hall, 530 Mill St. NE, Columbia Heights Quantity Quote 12,000 PRINTING $7,309 9,900 Mail processing and Ink Addressing $682 + postage Total $7,991 + postage Thank you, Kat! Ken Anderson || Print Doctor || 612-816-3066 230 Item 9. ITEM: Capital Equipment Replacement of Unit #10: Caterpillar CB2.7 Utility Compactor. DEPARTMENT: Public Works BY/DATE: Streets Park Superintendent / January 21, 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 A vibratory riding compact loader is equipment used in Public Works for asphalt road maintenance and installation. Specifically, a utility vibratory compactor compacts road base materials and bituminous asphalt, an essential construction process for ensuring durable and reliable pavement construction and repairs. SUMMARY OF CURRENT STATUS Unit #10, purchased in 2004, is now 21 years old. Maintenance records indicate that $15,153.15 has been spent on repairs, and the unit has reached the end of its expected life cycle, making it due for replacement. Its primary role has been supporting the Street Department, particularly for pothole repairs and small to mid- sized road section restorations. Additionally, it has been utilized for park pathways, athletic court construction, and road restoration following utility water break repairs. STAFF RECOMMENDATION After carefully reviewing Unit #10, a 2025 Caterpillar CB2.7 Utility Compactor was chosen for its replacement. Depending on which option provides the greatest value and cost benefit, Unit #10 will either be traded in as part of the purchase of its replacement, sold at auction, or repurposed within city departments . RECOMMENDED MOTION(S): MOTION: Move to approve the acquisition of a 2025 Caterpillar CB2.7 Utility Compactor p urchased from Ziegler CAT located at 8000 County Rd 101 Shakopee, MN 55379 under the Sourcewell Co -op Contract #060122-CAT for purchase price of $71,548.00, with funding from Streets Capital Equipment Fund 431.3121.45180 CITY COUNCIL MEETING AGENDA SECTION CONSENT MEETING DATE JANUARY 27, 2025 231 Item 10. City of Columbia Heights - Council Letter Page 2 ATTACHMENT(S): None 232 Item 10. ITEM: Capital Equipment Replacement of Unit #23: FT -12 Felling Trailer. DEPARTMENT: Public Works BY/DATE: Superintendent Street and Park / January 21, 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: A tilt-bed trailer is versatile and durable. A tilt-bed trailer is designed to easily load and transport equipment, vehicles, and materials. Its hydraulic or gravity-assisted tilt mechanism eliminates the need for ramps, allowing for smooth and efficient loading. Built with a robust steel frame and heavy -duty axles, a tilt-bed trailer provides exceptional stability and reliability for a wide range of hauling needs. Specifically, a tilt-bed trailer is used in Public Works to transport the Street Department's vibratory roller compactor. Unit #23 is also utilized to move the city forklift to locations such as Public Safety, the Library, and City Hall for specific tasks. Additionally, Unit #23 is occasionally relied upon for transporting hard-to-move items with low ground clearance, which no other trailer can safely accommodate. SUMMARY OF CURRENT STATUS: Purchased in 1996, Unit # 23, a Kiefer gravity-assisted tilt trailer, has been in service for 28 years with a typical life expectancy of 20 years. Maintenance records indicate that $6,605.56 has been spent on repairs, and the unit is past its expected life cycle, making it due for replacement. STAFF RECOMMENDATION: After a detailed assessment of its current condition and the department’s operational needs, staff recommends replacing Unit #23 with a 2025 FT-12 IT-I Felling trailer. Unit #23 will either be traded in as part of the purchase of its replacement, sold at auction, or repurposed within city departments, depending on which option provides the greatest value and cost benefit. CITY COUNCIL MEETING AGENDA SECTION CONSENT MEETING DATE JANUARY 27, 2025 233 Item 11. City of Columbia Heights - Council Letter Page 2 RECOMMENDED MOTION(S): MOTION: Move to approve the purchase of a 2025 FT-12 IT-I Felling Trailer from Lano Equipment, located at 6140 Hwy 10 NW, Anoka, MN 55303. The purchase, priced at $15,781.36, is based on State Contract #T - 603(5) #221690 with funding from Streets Capital Equipment Fund 431.3121.45180. ATTACHMENT(S): None 234 Item 11. ITEM: Capital Equipment Replacement of Unit 06: Scorpion II MASH Trailer-Mounted Attenuator. DEPARTMENT: Public Works BY/DATE: Street and Park Superintendent / January 21, 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 A vehicle attenuator, also known as a crash cushion or impact attenuator, is a device designed to absorb the energy of a vehicle collision, reducing damage and protecting both people and vehicles. The City of Columbia Heights Public Works Department frequently uses an attenuator to protect staff while working in traffic. Unit #06 is a truck-mounted, hard-wired attenuator installed on dump truck #68. SUMMARY OF CURRENT STATUS Truck-mounted attenuators (TMA) typically have a life expectancy of 15 -20 years. Purchased in 2006, unit #06 has been in service for 19 years. Maintenance records indicate that $2,785.63 has been spent on repairs, and the unit has reached the end of its expected life cycle, making it due for replacement. Unlike truck-mounted attenuators such as Unit # 06, a trailer-mounted attenuator can be attached to any vehicle with a 12,000 lbs. Gross Vehicle Weight and requires no specific vehicle power installation other than a standard trailer plug, which all city trucks are equipped with. Switching to a trailer -mounted attenuator will free up dump truck #68 for other uses and provide Publ ic Works with greater flexibility, as the attenuator can be used with multiple vehicles as needed. STAFF RECOMMENDATION After a detailed assessment of its current condition and the department’s operational needs, staff recommends replacing Unit #06 with a 2025 Scorpion II MASH Trailer-Mounted TL-3 MnDOT SPEC unit. Depending on which option provides the greatest value and cost benefit, Unit #06 will either be traded in as part of the purchase of its replacement or sold at auction. CITY COUNCIL MEETING AGENDA SECTION CONSENT MEETING DATE JANUARY 27, 2025 235 Item 12. City of Columbia Heights - Council Letter Page 2 RECOMMENDED MOTION(S): MOTION: Move to approve the purchase of a 2025 Scorpion II MASH Trailer -Mounted TL-3 (MnDOT SPEC) from Street Smart Rentals, LLC, located at 6811 137th Ave NE, Columbus, MN 55025. The purchase, price sourced through State Contract #202192, is for a total cost of $32,635.00 with funding from Streets Capital Equipment Fund 431.3121.45180. ATTACHMENT(S): None 236 Item 12. ITEM: Accept Bids and Award 2025-2026 Tree and Stump Removal Contract. DEPARTMENT: Public Works BY/DATE: City Forester / January 21, 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 X Sustainable BACKGROUND As part of the Shade Tree Program staff solicited quotes for the Removal of Trees, Trees and Stumps or Stumps Only on Public and Private Property contract. This is an annual program to remove diseased or hazardous trees throughout the city. To provide continuity, the contract covers a two-year period, with the option of a one-year extensions. The current contract expired December 31, 2024. SUMMARY OF CURRENT STATUS The City sought quotes for the 2025-2026 Removal of Trees, Trees and Stumps or Stumps Only on Public and Private Property contract. As with the previous contract, trees were broken down into size classifications and for each classification a price per inches diameter was requested. Specifications were sent to four contractors; the City received three quotes. The quote provided by Nick’s Tree Service Inc. was lowest in cost for public and private tree removals in all classifications. A tabulation is provided for reference. In comparison to the 2022-2023 contract, prices have increased by approximately 50% per inch diameter . The 2022-2023 contract was held by Nick’s Tree Service. The contract prices submitted are a significant increase over previous prices for tree and stump removal, with the other select contractor quotes coming in much higher that Nick’s Tree Service. This increase was expected and the prices obtained were within the estimates prepared before solicitation. The number of tree removals performed annually is expected to continue to decrease over the course of this contract with maintenance and planting will be the primary activities for improving the urban forest. The City Forester anticipates that all needed tree removals over the course of the new contract will be able to be accomplished without additional budgeted funds. Tree removal costs are paid out of Urban Forestry Fund 101-6102. STAFF RECOMMENDATION Based upon the quotes received, Nick’s Tree Service Inc. is the low, qualified, responsible contractor. Staff is recommending award to Nick’s Tree Service Inc. CITY COUNCIL MEETING AGENDA SECTION CONSENT MEETING DATE JANUARY 27, 2025 237 Item 13. RECOMMENDED MOTION(S): MOTION: Move to award the 2025-2026 Removal of Trees, Trees and Stumps or Stumps Only on Public and Private Property contract to Nick’s Tree Service Inc. based upon their low, qualified, responsible total quote for tree and stump removal, tree removal only, or stump removal only; and furthermore, to authorize the Mayor and City Manager to enter into a contract for the same. ATTACHMENT(S): Tree Removal Contractor Quote Tabulation 238 Item 13. Diameter Class Estimated Quantity (# of Trees) Unit Cost per Diameter Inch (Public) Unit Cost per Diameter Inch (Private) Unit Cost per Diameter Inch (Public) Unit Cost per Diameter Inch (Private) Unit Cost per Diameter Inch (Public) Unit Cost per Diameter Inch (Private) 0‐10" 20 55.00$ 70.00$ 20.00$ 20.00$ 50.00$ 59.00$ 11‐15" 35 70.00$ 85.00$ 30.00$ 30.00$ 75.00$ 74.00$ 16‐20" 65 85.00$ 100.00$ 45.00$ 45.00$ 75.00$ 95.00$ 21‐25" 40 100.00$ 140.00$ 55.00$ 55.00$ 90.00$ 129.00$ 26‐30" 25 110.00$ 165.00$ 60.00$ 60.00$ 105.00$ 150.00$ 31‐35" 10 120.00$ 200.00$ 65.00$ 75.00$ 110.00$ 190.00$ 36‐40" 5 135.00$ 260.00$ 70.00$ 80.00$ 125.00$ 255.00$ Stumps Per Inch $ 12.00 $ 12.00 9.00$ 9.00$ 10.00$ 10.00$ 379,350.00$ NA 199,987.50$ NA 350,950.00$ NA Precision Tree Care Nick's Tree Service Total Estimated Tree Removal Cost Bratt Tree Company 2025‐2026 Tree Removal Contract 239 Item 13. 1 Instructions to Bidders General Specifications for Tree and Stump Removals • The City of Columbia Heights tree and stump removal contract(s) will cover the period January 1, 2025 to December 31, 2026. The contract period may be extended by a maximum of two one year periods if both parties agree in writing before the expiration of the contract. • Tree and stump removal work order lists will be created following City-wide hazardous and diseased tree surveys conducted throughout spring and summer and following storm events and sent to the contractor by email. Trees will be clearly marked, and exact locations will be provided by the City Forester. Contractor shall have 30 days to complete work order lists or request an extension from the City Forester. Any work orders not completed within 30 days may be canceled assigned to other contractors at the discretion of the City of Columbia Heights. • Contractor shall maintain a current tree care contractor license with the City of Columbia Heights for the duration of the contract. Contractor shall maintain tree care registry status with Minnesota Department of Agriculture for the duration of the contract. • Contractor operations shall follow all safety requirements, including use of personal protective equipment (PPE), as set forth in the most recent versions of the following publications of the American National Standards Institute (ANSI) at all times while working for the City of Columbia Heights: o ANSI Z133, ANSI A300 • All contractors engaged in work for the City are expected to conduct themselves professionally and respectfully in all interactions with City residents, staff, and other contractors. • If the contractor wishes to dispute a measurement on an assigned work order they must do so by contacting the City Forester before work commences. • Estimated quantities are provided for contractor convenience only, the City may increase or decrease quantities at their sole discretion. • Questions should be directed to Liam Genter, City Forester, at 763-706-3722 or lgenter@columbiaheightsmn.gov . • Please read all accompanying documents carefully and return completed forms by email, mail, or in person by 12:00 PM on January 3, 2025. Required documents: o Contractor Quote Sheet o Affidavit of non-collusion 240 Item 13. 2 Technical Specifications for Tree and Stump Removals Part I: Removal of Trees on Public Property and Part II: Removal of Trees on Private Property • DBH is defined as average diameter as measured at 4.5 feet above ground level. Single trees with multiple trunks originating at or below 4.5 feet above ground level will be measured at the narrowest point between the fork and the ground level (Fig.1). All diameter measurements will be made by the City Forester using a diameter (logging) tape and will be rounded to the nearest inch. • Tree removals shall include the safe removal of the tree and proper hauling and disposal of all portions of the tree and any debris generated. The stump shall be cut as low as practicable and debarked to the ground level for elm, ash, and oak stumps. All affected properties and landscapes shall be cleaned and restored to previous or better state. • Stump removals shall include the grinding of the stump from flare to flare, including all exposed surface roots and heaved ground around the base, to a minimum depth of 6”, removal of all debris and grindings, backfilling of the hole to grade with pulverized black dirt, and reseeding where appropriate to match the surrounding landscape. Contractor is responsible for all necessary utility locate requests before proceeding with stump grinding. • All logs, branches, leaves, and other tree waste shall be properly disposed of in accordance with all applicable Minnesota Department of Agriculture rules and regulations. Tree waste shall be removed off site before the end of the business day and may not remain overnight; any exceptions must be granted by the City Forester. • Contractor shall seek permission from owners/occupants before accessing or utilizing private property for tree care operations. • Contractor is responsible for all necessary utility locates and power line-drops and shall interface directly with the appropriate utility provider or location services. • Contractor shall properly secure all work sites at all times and stop or re-route traffic as necessary to ensure public safety. • Work shall not proceed until all required proof of insurance and supporting documents have been provided to the City by the contractor. Figure 1 241 Item 13. 3 • Damage to property or landscaping (structures, lawns, etc.) that occurs during contracted work shall be the sole responsibility of the contractor to restore to the previous state. • All vehicles assigned to work under this contract must be current on MN State license tabs and equipment requiring MN DOT inspections shall also be current. Improperly licensed vehicles will be grounds for canceling this contract. 242 Item 13. 4 Columbia Heights Tree and Stump Removal Contractor Quote Sheet January 1, 2025- December 31, 2026 Part I: Removal of Trees on Public Property (full equipment and driving access assumed) Diameter Class Estimated Quantity (# of Trees) Unit Cost per Inch DBH 0-10” 20 11-15” 35 16-20” 65 21-25” 40 26-30” 25 31-35” 10 36-40” 5 -Trees greater than 40” in diameter will be considered a special quote. Trees with extreme access or other difficult factors (i.e. power lines, need for a crane, dangerous tree) will be considered a special quote—this determination will be made by the City Forester of Columbia Heights. Part II: Removal of Trees on Private Property (full equipment and driving access assumed) Diameter Class (inches) Unit Cost per Inch DBH 0-10” 11-15” 16-20” 21-25” 26-30” 31-35” 36-40” -Trees greater than 40” in diameter will be considered a special quote. Trees with extreme access or other difficult factors (i.e. power lines, need for a crane, dangerous tree) will be considered a special quote—this determination will be made by the City Forester of Columbia Heights. Part III: Removal of Stumps Unit Cost per Inch Flare to Flare 243 Item 13. 5 Contractor Information 1. Name of Bidder___________________________________________________________ ________________________________________________________________________ 2. Bidder’s Address__________________________________________________________ ________________________________________________________________________ 3. Telephone #______________________________________________________________ 4. Email address____________________________________________________________ 5. Number of years in business_________________________________________________ 6. Other/previous municipal contracts___________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 7. Equipment to be used in contract_____________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 244 Item 13. City of Columbia Heights REMOVAL OF TREES & STUMPS, TREES ONLY OR STUMPS ONLY GENERAL REQUIREMENTS (Revised 2024) 1. GENERAL The General Conditions and Instructions to Bidders of the work under contract as set forth in these contract documents shall apply to all work and materials furnished under these General Requirements and Technical Specifications except as may be hereinafter modified. 2. SCOPE OF WORK The contract shall be in effect for a two-year period (2025-2026), with an option for two one-year extensions. The work to be carried out under these General Requirements shall include furnishing all labor, materials, tools, and equipment necessary for the construction of the proposed improvements, complete in place as described in these General Requirements. The work to be performed under these specifications shall be carried out within the corporate limits of the City of Columbia Heights. The majority of the trees and stumps removed are located on public property (boulevard or park trees). Exact locations of all trees and stumps to be removed will be provided by the City throughout the course of the contract. 3. DESCRIPTION OF PROJECT Work on this Project includes the following: REMOVAL OF TREES & STUMPS, TREES ONLY OR STUMPS ONLY The work to be performed consists of removing and disposing of specific public and private trees and stumps in accordance with the best practices of the tree care industry and all applicable safety standards. Brush/log pile removal, pruning/trimming, and storm damage cleanup will also be required. 4. WORK SEQUENCE The City of Columbia Heights performs multiple diseased/hazardous tree inspections throughout the year. A Tree and Stump Removal List will be developed after each inspection. Receipt of the Tree and Stump Removal List by the Contractor shall be considered by the Contractor and City as a Notice to Proceed. 5. AWARD OF BIDS 245 Item 13. As noted in the Instructions to Bidders, the City Council will be considering Award of Bids of the work at its regular meeting on Monday, January 27, 2025. At that time, it is anticipated that the City Council will award the contract. It should be noted that there will be no compensation for increased or decreased quantities and the City reserves the right to reduce certain quantities or delete certain items from each section of the bids as the City considers the Award of Bids. The City reserves the right to not award any contract; award of contract will be based on a combination of best value and demonstrated ability to complete the project. Bidders shall, upon request of the Forester, furnish evidence of their experience, equipment, and financial responsibility to correctly and expeditiously perform the work if awarded the contract. 6. PROTECTION OF EXISTING FACILITIES The Contractor shall protect all existing utilities, landscaping, and facilities so that they will continue to function in their proper manner both during construction and in the future. Any supporting structure or traffic controls that may be required because of the Contractor's operations shall be provided by them. 7. INSPECTION OF WORK The Owner shall have the right to inspect the work at the job and storage site(s). The Contractor shall facilitate access to the work for the purpose of said inspection. Defects or departures from the Contract Documents uncovered during inspections shall be corrected by the Contractor at their expense. 8. SITE MAINTENANCE The removal of trees and stumps as required under the terms set forth in this Contract shall be performed in a coordinated and safe manner. Debris created from the tree and stumps removal at each property is forbidden until said sidewalks, street or alley is properly barricaded and the City Forester is notified. Storing or processing of debris outside the boundaries of the properties covered by this Contract are forbidden. The Contractor may utilize City streets and alleys for the removal operation provided that traffic access is available at the end of each working day. Debris in the roadway surface resulting from work shall be removed immediately to avoid hazardous conditions. The turf area shall be left in a “lawn raked clean” condition upon completion of any work. Sidewalks, curbs, gutters, and pavement areas will be left in a “broomed clean” condition upon completion of work. Where materials or debris have washed or flowed into or have been placed in ditches, gutters, drains, catch basins or elsewhere as a result of the Contractor’s operations, such material or debris shall be removed and satisfactorily disposed of during progress of the work. All ditches, channels, drains, etc., shall be kept in clean and neat conditions. 246 Item 13. 9. FINAL INSPECTION Upon written notice from the Contractor that the work list is completed, the Forester will make a preliminary inspection. Upon completion of this preliminary inspection the Forester will notify the Contractor, in writing, of any particulars in which this inspection reveals that the work is defective or incomplete. Upon receiving the written notice from the Forester, the Contractor shall immediately undertake the work required to remedy defects and complete the project to the satisfaction of the City. When the Contractor has corrected or completed the items as listed in the Forester’s written notice, they shall inform the Forester that the required work has been completed. Upon receipt of this notice, the Forester shall make their final inspection of the project. Should the Forester find all work satisfactory at the time of this inspection, the Contractor will be allowed to make application for final payment in accordance with the provisions of the Contract Documents. Should the Forester still find dissatisfaction with the work, the Forester will inform the Contractor of the deficiencies and will deny the Contractor’s request for final payment, until such time as the Contractor has satisfactorily completed the required work. 10. MEASUREMENT AND PAYMENT Work completed will be submitted in writing for inspection the next work day following completion. Requests for payment for work that has been properly and totally completed shall be submitted no later than seven (7) days after each inspection period. Payment will be made according to the unit price schedule provided on the Tree and Stump Removal Contractor Quote Sheet. I. Basis of Measure for Payment (Unit of Measurement = Inches) A. Tree: Diameter at Breast Height (DBH) B. Stump: Diameter flare to flare II. Special Quote Trees Trees that are greater than 40” in diameter will be considered a special quote. Trees with extreme access or other difficult factors (i.e. power lines, need for a crane, dangerous tree) will be considered a special quote—this determination will be made by the City Forester. The City reserves the right to seek alternate contractor quotes for all Special Quote Trees. 11. PROTECTION OF THE PUBLIC The Contractor shall provide all necessary barricades, fences and other protection as required for the proper execution of the work and for the protection of their employees, employees of the 247 Item 13. Owner, and other personnel according to all Federal, State, and Local regulations. This provision shall be incidental to the construction and no direct compensation will be paid therefor. 12. TRAFFIC PROVISIONS, SIGNING AND PUBLIC SAFETY - MN/DOT 1404 AND 1710 SHALL APPLY EXCEPT AS SUPPLEMENTED BELOW: All work under this Contract which may affect traffic shall be coordinated with the Forester to provide reasonable traffic access to the area where work is being performed. City employees will place “No Parking” signs where the Contractor deems necessary to safely perform their work. The Contractor must inform the City Forester of the need for “No Parking” signs at least two business days in advance of beginning work. The Contractor shall furnish, erect, and maintain warning lights and barricades as required by the Forester to adequately warn and protect pedestrian and vehicular traffic from hazardous protrusions, materials, excavations, etc., resulting directly or indirectly from the tree removals. No payment will be made therefore. These lights, signs, etc., shall be placed by the Contractor in accordance with the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD). At all times the Contractor shall perform their work in a manner which will allow access to all areas within the project by police and fire departments. 13. PROTECTION OF ADJACENT PROPERTIES The Contractor shall take whatever steps are necessary to protect adjoining properties and structures from hazards in connection with their performance of the work. The Contractor shall be responsible for all damages to City or privately owned properties and structures that occur as a result of their operations. The contractor shall repair all said damage before requesting final approval of the work. The Contractor shall contact the owner of property and/or tenants of property at least twenty-four (24) hours prior to beginning their operation on that property. The Contractor shall obtain permission to use adjacent property for access to and from the work site. Where adjoining structures are occupied, the Contractor is required to advise the inhabitants as to when the tree and stump removal shall be started and completed and of the hazards involved. The Contractor shall also take whatever steps are necessary to protect the adjoining owners and tenants from the hazards of the tree and stump removal operation by barricades, fences, ropes, signs and other means as may be required. 14. TIME OF WORK The Contractor shall notify the City Forester in advance of all times when workers and equipment are to work on this project. In accordance with ordinances of the City of Columbia Heights, no work on this project shall take place between the hours of 7:00 p.m. and 7:00 a.m. and any time on Sundays, unless permission has been granted by the City Forester. 15. COMPENSATION FOR INCREASED OR DECREASED QUANTITIES There will be no adjustment in unit price for increased or decreased quantities under this Contract. 248 Item 13. 16. CONTRACTOR’S INSURANCE The Contractor shall carry the following insurance, at their expense, and no direct payment for premiums will be made by the City. Carriage of such insurance shall in no way alleviate the Contractor of their responsibilities as stated in the specifications. The Contractor shall not commence work under this contract until they have obtained all insurance under this paragraph and such insurance has been approved by the City, nor shall the Contractor allow any Subcontractor to commence work on their subcontract until all similar insurance required of the Subcontractor has been so obtained and approved. The Contractor shall furnish the City with satisfactory proof of carriage of required insurance. A. Compensation Insurance The Contractor shall take out and maintain, during the life of this contract, adequate Workmen’s Compensation Insurance for all of their employees employed at the site of the project, and in case any part of this contract is sublet, the Contractor shall require their Subcontractor similarly to provide adequate Workmen’s Compensation Insurance for all the latter’s employees unless such employees are covered by the protection afforded by the Contractor. Required compensation insurance coverage shall not be for less than the following amounts, or greater, when required by laws and regulations: STATE: STATUTORY APPLICABLE FEDERAL (E.G., LONGSHOREMAN'S) STATUTORY EMPLOYER'S LIABILITY $1,000,000 B. Public Liability, Property Damage, and Automobile Insurance The Contractor shall take out and maintain, during the life of this Contract, such Public Liability, Property Damage, and Automobile Insurance as shall protect them and the City of Columbia Heights from claims for damages for personal injury, including accidental death, as well as from claims for property damages which may arise from operations under this contract, whether such operations are by himself, or by anyone directly or indirectly employed by them. The City of Columbia Heights shall be named as an additional insured and the amounts of such insurance shall be as follows: 1. Bodily Injury (including completed operations and products liability): $1,000,000 Each Occurrence $2,000,000 Annual Aggregate 2. Property Damage: $1,000,000 Each Occurrence $2,000,000 Annual Aggregate or a combined single limit of: $2,000,000 3. Property Damage Liability Insurance will provide Explosion, Collapse and Underground Coverage’s where applicable. Personal Injury, with employment exclusion deleted: $2,000,000 Annual Aggregate 249 Item 13. 5.04.A.6 Comprehensive Automobile Liability: Bodily Injury: $1,000,000 Each Person $1,000,000 Each Occurrence Property Damage: $1,000,000 Each Occurrence or combined single limit of: $1,000,000 250 Item 13. Contract Agreement THIS AGREEMENT, made this __ ___ day of ___ January __, 2025, between the CITY OF COLUMBIA HEIGHTS, (the “Owner” or the “City”) and _ _______ _ (the “Contractor”). The Owner and the Contractor, for the consideration stated below, agree as follows: 1. The Contractor agrees to perform and complete all the provisions of the specifications and/or plans indicated in the Agreement documents, as approved by the Owner for: Removal of Trees & Stumps, Trees Only, or Stumps Only__ and to do everything required by this Agreement. 2. The Contractor agrees that the work contemplated by this Agreement will be fully and satisfactorily completed on or before December 31, 2026. 3. The Owner agrees to pay and the Contractor agrees to accept payment in accordance with the price bid for the unit or lump sum items in the Contractor’s proposal on file in the office of the City Manager of the City of Columbia Heights, the aggregate of which prices, based on the approximate schedule of quantities and/or price, is estimated to be ___$120,000.00____. 4. The Contractor may not subcontract the work to be performed under this agreement. 5. The Contractor agrees during the life of this agreement not to discriminate against any employee or applicant for employment because of race, color, creed, or national origin. This agreement may be cancelled or terminated by the City, and all money due or to become due under the Agreement may be forfeited for a second or subsequent violation of the terms or conditions of this paragraph. This paragraph is inserted in this Agreement pursuant to Minn. Stat. §181.59. Violation of this paragraph is a misdemeanor. 6. The Contractor recognizes the City of Columbia Heights is an equal opportunity employer and agrees during the life of this agreement to take affirmative action to provide equal employment opportunities without regard to race, color, sex, creed, national origin, religion, disability, age, marital status, sexual preference, or status with regard to public assistance. If the Contractor has more than 20 full-time employees and the Agreement amount exceeds $50,000.00, the Contractor must supply a certificate of compliance issued by the Commissioner of Human Rights indicating that the Contractor has an approved affirmative action plan. 7. The Contractor must comply with the federal Omnibus Transportation Employee Testing Act. 8. Under Minn. Stat. § 16C.05, subd. 5, the Contractor’s books, records, documents, and accounting procedures and practices relevant to this Agreement, including books and records of any approved subcontractors, are subject to examination by the Owner and/or the State Auditor or Legislative Auditor, as appropriate for a minimum of six years after the termination of this Agreement. 9. This Agreement may be renewed for a maximum of two additional one-year terms, as provided if the Contractor performs this Agreement in a satisfactory manner, and if the director of public works determines that renewal of this Agreement is in the public interest, the director of public works may renew this Agreement. 10. This Agreement consists of the following component parts: a. General Requirements. b. Instructions to Contractors: General Specifications, Technical Specifications, and Contractor Quote Sheet. c. Affidavit of Non-Collusion. d. This document (Exhibit A). All of these documents are fully a part of this Agreement. This Agreement is effective upon execution of this document and the Contractor’s submission of insurance certificate satisfactory to the City Attorney. CITY OF COLUMBIA HEIGHTS CONTRACTOR By: By: Its Public Works Director Date Its Date Its City Manager Date Its Date EXHIBIT 251 Item 13. 252 Item 13. Columbia Heights Tree and Stump Removal Contractor Quote Sheet January 1, 2025- December 31, 2026 Part I: Removal of Trees on Public Property (full equipment and driving access assumed) Diameter Class Estimated Quantity (# of Trees) Unit Cost per Inch DBH 0-10”20 $55.00 11-15”35 $70.00 16-20”65 $85.00 21-25”40 $100.00 26-30”25 $110.00 31-35”10 $120.00 4 253 Item 13. -Trees greater than 40” in diameter will be considered a special quote. Trees with extreme access or other difficult factors (i.e. power lines, need for a crane, dangerous tree) will be considered a special quote—this determination will be made by the City Forester of Columbia Heights. Part II: Removal of Trees on Private Property (full equipment and driving access assumed) -Trees greater than 40” in diameter will be considered a special quote. Trees with extreme access or other difficult factors (i.e. power lines, need for a crane, dangerous tree) will be considered a special quote—this determination will be made by the City Forester of Columbia Heights. Part III: Removal of Stumps Contractor Information 1.Name of Bidder______________Bratt Tree Company ___________________________________________ ________________________________________________________________________ 36-40”5 $135.00 Diameter Class (inches) Unit Cost per Inch DBH 0-10”$70.00 11-15”$85.00 16-20”$100.00 21-25”$140.00 26-30”$165.00 31-35”$200.00 36-40”$260.00 Unit Cost per Inch Flare to Flare $12.00 5 254 Item 13. 2.Bidder’s Address___________5612 Corvallis Ave. N Crystal, MN 55429 _______________________________________________ ________________________________________________________________________ 3.Telephone #___________________612-271-4052________________________________________ ___ 4.Email address_________________Brent@bratttree.com________________________________ ___________ 5.Number of years in business____30 years _____________________________________________ 6.Other/previous municipal contracts________City of New Hope /. City of Orono /City of Wayzata / City of Robbinsdale / City of Golden Valley / City of Maple Grove / ___________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 6 255 Item 13. 7.Equipment to be used in contract_______Bucket truck (65’-75’) Nifty (65’) Avant, skid A300, Clam trucks, Vermeer 70tx grinder ______________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 7 256 Item 13. 257 Item 13. 258 Item 13. 259 Item 13. 260 Item 13. 261 Item 13. 262 Item 13. 263 Item 13. 264 Item 13. ITEM: Rental Occupancy License for Approval. DEPARTMENT: Fire Department BY/DATE: Fire Chief Dan O’Brien / Jan. 27, 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 the attached list of rental housing license applications. RECOMMENDED MOTION: MOTION: Move to approve the items listed for rental housing license applications for January 27, 2025, in that they have met the requirements of the Property Maintenance Code. ATTACHMENT: Rental Occupancy License for Approval – 1-27-25 CITY COUNCIL MEETING AGENDA SECTION CONSENT MEETING DATE JANUARY 27, 2025 265 Item 14. 266 Item 14. ITEM: License Agenda. DEPARTMENT: Community Development BY/DATE: Sarah LaVoie 01/22/2025 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 the January 27th, 2025, City Council meeting. This agenda consists of applications for 2025: Tree services and Contractor licenses. 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 January 27th, 2024, as presented. ATTACHMENT(S): 1. License Agenda 01/27/2025 CITY COUNCIL MEETING AGENDA SECTION CONSENT AGENDA MEETING DATE 01/27/2025 267 Item 15. TO CITY COUNCIL January 27th, 2025 *Signed Waiver Form accompanied application TREE SERVICES – 2025 *RAINBOW TREECARE 11571 K-TEL DR MINNETONKA MN 55343 $80 *THE DAVEY TREE COMPANY 1500 N. MANTUA ST KENT OH 44240 $80 *BIRCH TREE CARE 4343 WHITE BEAR PARKWAY WHITE BEAR LAKE MN 55110 $80 *TREEHUGGER 8015 SUNKIST BLVD, PO BOX 21543, MINNEAPOLIS, MN, 55421- $80 CONTRACTOR-2025 *OTSEGO HEATING/COMFORT SOLUTIONS HEATING AND COOLING 11 1ST ST NW OSSEO MN 55369 $80 *CENTERPOINT ENERGY 6161 GOLDEN VALLEY ROAD GOLDEN VALLEY MN 55422 $80 *ARG HEATING AND COOLING LLC 19485 CORCUS ST NW OAK GROVE MN 55011 $80 *ALL WEATHER HEATING AND COOLING 10216 5TH AVE S BLOOMINGTON MN 55420 $80 *TAK COMMUNICATIONS 4401 S TECHNOLOGY DR SIOUX FALLS SD 57106 $80 *DESIGN TO BUILD 4892 TWINS CT EAGAN MN 55123 $80 268 Item 15. ITEM: Review of Bills. DEPARTMENT: Finance Department BY/DATE: January 27, 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 $1,749,838.24. ATTACHMENT(S): List of Claims CITY COUNCIL MEETING AGENDA SECTION CONSENT AGENDA MEETING DATE JANUARY 27, 2025 269 Item 16. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 1/18Page : 01/23/2025 11:56 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/10/2025 - 01/23/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 48,718.35 394.7000.44600PAY AS YOU GO PYMT 1 - 202542 CENTRAL LIMITED PARTNERSHIP0201251895(A)MAIN01/16/2025 119.49 609.0000.145001213124 INVBELLBOY BAR SUPPLY01093247001896(A)MAIN01/16/2025 2,355.95 609.0000.14500123124 INVBELLBOY CORPORATION02062808001897(A)MAIN01/16/2025 998.95 609.0000.14500123124 INV02062807001897(A) 6,374.85 609.0000.14500121824 INV02061438001897(A) (3,240.00)609.0000.14500123124 INV02063031001897(A) 24.00 609.9791.42199123124 INV02062808001897(A) 41.00 609.9791.42199121824 INV02061438001897(A) 8.00 609.9792.42199123124 INV02062807001897(A) 6,562.75 144.00 609.0000.14500122824 INV 700297782BREAKTHRU BEVERAGE MN BEER LLC1193690181898(A)MAIN01/16/2025 12,133.50 609.0000.14500122824 INV 7002977821193690171898(A) 1,925.90 609.0000.14500122324 INV 7002977821192734271898(A) (44.00)609.0000.14500010925 INV 7002977824131410561898(A) (19.25)609.0000.14500010925 INV 7002977174131392301898(A) (41.55)609.0000.14500010925 INV 7002977174131392291898(A) (53.20)609.0000.14500123124 INV 7002977824131132111898(A) 14,045.40 1,064.00 609.0000.14500122024 INV 700297717BREAKTHRU BEVERAGE MN W&S LLC1192482491899(A)MAIN01/16/2025 384.00 609.0000.14500122724 INV1193613771899(A) 176.00 609.0000.14500122324 INV 7002977171192977451899(A) (0.02)609.0000.14500121224 INV 7002977364130482351899(A) (734.67)609.0000.14500123124 INV 7002977174131227571899(A) (176.00)609.0000.14500010325 INV 7002977174131217811899(A) 9.20 609.9791.42199122024 INV 7002977171192482491899(A) 2.30 609.9791.42199122724 INV1193613771899(A) 1.15 609.9791.42199122324 INV 7002977171192977451899(A) (5.75)609.9791.42199123124 INV 7002977174131227571899(A) (1.15)609.9791.42199010325 INV 7002977174131217811899(A) (2.30)609.9792.42199121224 INV 7002977364130482351899(A) 716.76 1,012.45 609.0000.14500123124 INVCAPITOL BEVERAGE SALES LP30790131900(A)MAIN01/16/2025 (137.20)609.0000.14500123124 INV30790121900(A) 875.25 384,272.44 392.7000.446001ST HALF DISTRICT BB2 2025COLLIERS FUNDING LLC1231241901(A)MAIN01/16/2025 29.02 701.9950.42175TEA SUPPLIES 010725- PWFIRST CHOICE COFFEE SERVICE0330681902(A)MAIN01/16/2025 270 Item 16. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 2/18Page : 01/23/2025 11:56 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/10/2025 - 01/23/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 144.00 609.0000.14500123124 INVJOHNSON BROTHERS LIQUOR CO.27000151903(A)MAIN01/16/2025 376.00 609.0000.14500123124 INV27000141903(A) 4,299.75 609.0000.14500122724 INV26966871903(A) 0.00 609.0000.14500123124 INV27008141903(A) 488.00 609.0000.14500123024 INV27000161903(A) 2,673.00 609.0000.14500123124 INV27004321903(A) 264.00 609.0000.14500123124 INV27004041903(A) 144.00 609.0000.14500123124 INV27004051903(A) 4.20 609.9791.42199123124 INV27000151903(A) 6.30 609.9791.42199123124 INV27000141903(A) 35.00 609.9791.42199122724 INV26966871903(A) 43.40 609.9791.42199123124 INV27004321903(A) 4.90 609.9791.42199123124 INV27004041903(A) 1.63 609.9791.42199123124 INV27004051903(A) 10.50 609.9792.42199123024 INV27000161903(A) 8,494.68 264.39 701.0000.14120BEARINGS, SEAL, WASHERMAC QUEEN EQUIPMENT LLCP613051904(A)MAIN01/16/2025 953.55 701.0000.14120AXEL, BEARINGS, SEALSP616561904(A) 1,217.94 11.99 240.5500.42185CD/DVD ORDERMIDWEST TAPE5065365331905(A)MAIN01/16/2025 11.99 240.5500.42185CD/DVD ORDER5064721741905(A) 10.49 240.5500.42189DVD ORDER5065073331905(A) 18.74 240.5500.42189CD/DVD ORDER5065365331905(A) 117.69 240.5500.42189CD/DVD ORDER5064721741905(A) 170.90 1,406.40 609.0000.14500122024 INVPHILLIPS WINE & SPIRITS INC69010611906(A)MAIN01/16/2025 0.23 609.9791.42199121924 DEL69000961906(A) 4.20 609.9791.42199121924 DEL69000971906(A) 42.00 609.9791.42199122024 INV69010611906(A) 1,452.83 372.10 609.0000.14500123124 INVSOUTHERN GLAZER'S25734021907(A)MAIN01/16/2025 1,081.20 609.0000.14500122624 INV25709141907(A) 324.36 609.0000.14500121224 INV25651591907(A) 333.00 609.0000.14500123124 INV25733551907(A) 1,081.20 609.0000.14500122624 INV25709201907(A) 882.29 609.0000.14500120524 INV25622381907(A) 81.00 609.0000.14500121224 INV25651551907(A) 629.65 609.0000.14500120524 INV25622371907(A) 377.79 609.0000.14500122624 INV25709211907(A) 271 Item 16. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 3/18Page : 01/23/2025 11:56 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/10/2025 - 01/23/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date (95.24)609.0000.14500110824 INV96110591907(A) (138.49)609.0000.14500110124 INV96096411907(A) (36.00)609.0000.14500111224 INV96114281907(A) (18.00)609.0000.14500111224 INV96114291907(A) (80.00)609.0000.14500122024 INV96181851907(A) 12.80 609.9791.42199122624 INV25709141907(A) 5.12 609.9791.42199123124 DEL51213851907(A) 3.84 609.9791.42199121224 INV25651591907(A) 5.12 609.9791.42199121924 DEL25682271907(A) 1.28 609.9791.42199123124 INV25733551907(A) 0.64 609.9791.42199121224 INV25651551907(A) 7.68 609.9792.42199123124 INV51213861907(A) 12.80 609.9792.42199122624 INV25709201907(A) 13.44 609.9792.42199120524 INV25622381907(A) 6.40 609.9792.42199120524 INV25622371907(A) 3.84 609.9792.42199122624 INV25709211907(A) 5.12 609.9793.42199123124 INV25734021907(A) 4,872.94 170,665.61 603.9510.42910REFUSE & RECYCLING 1124WALTERS RECYCLING & REFUSE INC.00084037151908(A)MAIN01/16/2025 49,225.99 603.9510.42920REFUSE & RECYCLING 112400084037151908(A) 40.41 603.9510.42930REFUSE & RECYCLING 112400084037151908(A) 219,932.01 140.65 609.0000.14500121924 INVWINE MERCHANTS75014691909(A)MAIN01/16/2025 2.33 609.9791.42199121924 INV75014691909(A) 142.98 7,967.23 101.2100.44000CUBICLE WORKSURFACE REPLACEMENT AND RECONFIGURATION CJIS COMPLIANCE AND CHAIR REPAIRACRE495926201630MAIN01/16/2025 90.00 101.5129.43050PEST CONTROL-JPM 121924ADAM'S PEST CONTROL, INC4036606201631MAIN01/16/2025 125.00 701.9950.43050PEST CONTROL-MSC 12244037512201631 215.00 700.00 101.2200.443302025 DUESANOKA COUNTY FIRE PROTECTN COU356201632MAIN01/16/2025 100.00 240.5500.430501124 NOTICESANOKA COUNTY LIBRARY1742201633MAIN01/16/2025 100.00 240.5500.430501224 NOTICES1743201633 82.55 240.5500.430501224 CATALOGING1745201633 3,717.48 240.5500.44030SIRSI ILS OPERATING COSTS 2024 (Q4)1744201633 4,000.03 200.00 415.6450.44000SNOW RMVL 3700 RESERVOIR BLVDARISE OUTDOOR SERVICES LLC610201634MAIN01/16/2025 200.00 415.6450.44000SNOW RMVL 4201 CENTRAL611201634 272 Item 16. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 4/18Page : 01/23/2025 11:56 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/10/2025 - 01/23/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 200.00 415.6450.44000SNOW RMVL 4225 CENTRAL 612201634 200.00 415.6450.44000SNOW RMVL 4301 CENTRAL613201634 200.00 415.6450.44000SNOW RMVL 4329 CENTRAL614201634 200.00 415.6450.44000SNOW RMVL 4446 CENTRAL615201634 200.00 415.6450.44000SNOW RMVL 4545 CENTRAL616201634 200.00 415.6450.44000SNOW RMVL 4633 CENTRAL617201634 200.00 415.6450.44000SNOW RMVL 4653 CENTRAL618201634 200.00 415.6450.44000SNOW RMVL 4915 CENTRAL619201634 200.00 415.6450.44000SNOW RMVL 4955 CENTRAL620201634 2,200.00 60.78 701.0000.14120MIRROR HOLDERASTLEFORD INTERNATIONAL01P124158201635MAIN01/16/2025 97.27 701.0000.14120SEAT AIR BAG01P124184201635 158.05 11.39 601.9600.43211122524 287307857001AT&T MOBILITY II, LLC28730785700101032025201636MAIN01/16/2025 11.40 602.9600.43211122524 28730785700128730785700101032025201636 11.40 604.9600.43211122524 28730785700128730785700101032025201636 34.19 11.29 240.5500.42180BOOK ORDERBAKER & TAYLOR2038782213201637MAIN01/16/2025 119.03 240.5500.42180BOOK ORDER2038760897201637 29.78 240.5500.42180BOOK ORDER2038761569201637 219.63 240.5500.42180BOOK ORDER2038774956201637 402.75 240.5500.42180BOOK ORDER2038756855201637 234.24 240.5500.42180BOOK ORDER2038793923201637 1,016.72 6,402.63 701.0000.141101992 GAL DYED DIESEL FUELBEAUDRY OIL & SERVICE INC.2807340201638MAIN01/16/2025 7,552.22 701.0000.141103000 GAL UNLEADED FUEL2807329201638 13,954.85 2,098.75 101.5001.43050SOFTBALL UMPIRES 041824-101724BETWEEN THE LINES02-068201639MAIN01/16/2025 10,789.00 101.3100.43050.2407SS4A ACTION PLANBOLTON & MENK, INC0345362201640MAIN01/16/2025 3,430.50 101.3100.43050.2407SS4A ACTION PLAN0352231201640 661.50 415.6400.43050.24062024 CONSTRUCTION SURVEYING & STAKING-PROJ 24060345380201640 14,881.00 3,995.00 101.2200.42012CANON TM-350 WIDE FORMAT PRINTERCADD ENGINEERING SUPPLY INCINV169147201641MAIN01/16/2025 297.00 101.2100.44020DEGREASE KITCHEN SINK - PSBCARDINAL SERVICES30466201642MAIN01/16/2025 826.00 720.9980.44030CRADLEPOINT NETCLOUD LICENSESCDW-G INCAA1GU4I201643MAIN01/16/2025 273 Item 16. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 5/18Page : 01/23/2025 11:56 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/10/2025 - 01/23/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 1,090.00 101.5129.44020ROOF MAINT JPM 120924CENTRAL ROOFING CO INC37818201644MAIN01/16/2025 82.77 101.1940.44020RUGS-CITY HALL 120424CINTAS INC4213508842201645MAIN01/16/2025 114.83 101.1940.44020RUGS-CITY HALL 1231244216327501201645 42.88 101.5129.44020MOPS JPM 0107254216989264201645 48.85 701.9950.42172UNIFORM RENTAL 1230244216170475201645 40.65 701.9950.42172RUGS, SHOP TOWELS, UNIFORM RENTAL 1223244215506703201645 48.85 701.9950.42172UNIFORM RENTAL 1216244214705904201645 40.65 701.9950.42172RUGS, SHOP TOWELS, UNIFORM RENTAL 0106254216861648201645 42.28 701.9950.44020RUGS, SHOP TOWELS, UNIFORM RENTAL 1223244215506703201645 82.77 701.9950.44020RUGS-CITY HALL 1211244214223268201645 42.28 701.9950.44020RUGS, SHOP TOWELS, UNIFORM RENTAL 0106254216861648201645 586.81 82.77 101.1940.44020RUGS-CITY HALL 121824CINTAS INC4215000790201646MAIN01/16/2025 48.66 609.9791.44020WINDOW CLEANING 1224CITY WIDE WINDOW SERVICE INC741677201647MAIN01/16/2025 27.09 609.9792.44020WINDOW CLEANING 1224741668201647 75.75 184.19 651.9699.45180.24092024 WATER METER REPLACEMENTSCORE & MAIN LPW116711201648MAIN01/16/2025 2,440.11 651.9699.45180.2409METER ADAPTORSW116913201648 28,289.47 651.9699.45180.2409INSTALLATIONW183711201648 184.18 652.9699.45180.24092024 WATER METER REPLACEMENTSW116711201648 2,440.11 652.9699.45180.2409METER ADAPTORSW116913201648 28,289.48 652.9699.45180.2409INSTALLATIONW183711201648 61,827.54 328.80 609.0000.14500123024 INVCRYSTAL SPRINGS ICE LLC01-400075201649MAIN01/16/2025 107.35 609.0000.14500121224 INV03-400277201649 4.00 609.9791.42199121224 INV03-400277201649 440.15 1,042.00 101.3170.42171CHANNEL POSTSEARL F ANDERSEN INC0138215-IN201650MAIN01/16/2025 345.00 609.0000.14500010725 INVEMERALD ELEMENTS2731201651MAIN01/16/2025 758.94 101.3121.42161DE-ICERENVIROTECH SERVICES INCCD202504383201652MAIN01/16/2025 991.78 603.9540.43050TIRE RECYCLINGFIRST STATE TIRE DISPOSAL INC.123170201653MAIN01/16/2025 9.44 701.0000.14120FILTERSFLEETPRIDE INC122381322201654MAIN01/16/2025 58.93 701.0000.14120HYDRAULIC HOSES122265654201654 139.28 701.0000.14120HOSE END, HOSE SLEEVE122265617201654 71.40 701.0000.14120FILTERS122096435201654 274 Item 16. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 6/18Page : 01/23/2025 11:56 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/10/2025 - 01/23/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 279.05 29.98 701.0000.14120WIPER BLADESGENUINE PARTS/NAPA AUTO992085201655MAIN01/16/2025 23.29 701.0000.14120FILTER993150201655 48.90 701.0000.14120SPARK PLUGS992084201655 20.94 701.0000.14120SPARK PLUGS991779201655 26.76 701.0000.14120SPARK PLUGS991820201655 (20.94)701.0000.14120RTN SPARK PLUGS991821201655 8.50 701.9950.42171FUSES992248201655 137.43 15.75 601.9600.43050CALL OUT TICKETSGOPHER STATE ONE CALL INC4120310201656MAIN01/16/2025 15.75 602.9600.43050CALL OUT TICKETS4120310201656 15.75 604.9600.43050CALL OUT TICKETS4120310201656 47.25 757.34 609.0000.14500123024 INVGREAT LAKES COCA-COLA DISTRBTN44944544018201657MAIN01/16/2025 26,075.75 431.2100.45150SQUAD BUILD 2024 FORD VIN#51779 #8243GUARDIAN FLEET SAFETY, LLC301528201658MAIN01/16/2025 26,100.03 431.2100.45150SQUAD BUILD 2024 FORD VIN 50870 SQUAD #8241301512201658 52,175.78 1,013.12 101.3121.42160ASPHALT MILLINGSHASSAN SAND & GRAVEL183567201659MAIN01/16/2025 103.98 101.3121.42171INVERTER, CLEANERHOME DEPOT #28023015117201660MAIN01/16/2025 99.96 101.3121.42171MINI LED LIGHTS3613059201660 99.80 101.3121.42171STICKY LIGHT CLIPS8120187201660 10.97 101.5200.42171DRILL BIT3015128201660 6.77 101.5200.42171ADHESIVE5023185201660 5.98 101.5200.42171DRYWALL REPAIR PATCH9016764201660 327.46 18,203.05 101.5130.44020GYM MAINT 010124-123124, BACKBOARD REPAIRINDEPENDENT SCHOOL DIST #132538201661MAIN01/16/2025 16.52 101.3121.42000CALENDARS, TAPE CART, COPY PAPERINNOVATIVE OFFICE SOLUTIONS LLCIN4712068201662MAIN01/16/2025 7.51 101.3170.42000CALENDARS, TAPE CART, COPY PAPERIN4712068201662 16.52 101.5200.42000CALENDARS, TAPE CART, COPY PAPERIN4712068201662 7.51 101.6102.42000CALENDARS, TAPE CART, COPY PAPERIN4712068201662 16.52 601.9600.42000CALENDARS, TAPE CART, COPY PAPERIN4712068201662 16.52 602.9600.42000CALENDARS, TAPE CART, COPY PAPERIN4712068201662 16.52 701.9950.42000CALENDARS, TAPE CART, COPY PAPERIN4712068201662 97.62 155.38 609.0000.14500010725 INVINSIGHT BREWING COMPANY, LLC20920201663MAIN01/16/2025 275 Item 16. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 7/18Page : 01/23/2025 11:56 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/10/2025 - 01/23/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 587.83 101.3160.44000REPAIR LIGHTS- 40TH AVE & MUNICIPAL PARKING LOTJ. BECHER & ASSOC INC2413093-F201664MAIN01/16/2025 108.14 101.2200.42010SMOOTHBORE HOSE NOZZELS JEFFERSON FIRE & SAFETY INCPB002026201665MAIN01/16/2025 2,120.90 101.2200.42010ELKHART XD BLK BALE HNDLS, SMOOTH BORE TIPSPB002025201665 2,229.04 230.52 101.1940.44020REPAIR CARD READER-CHLVC COMPANIES INC158941201666MAIN01/16/2025 230.52 101.2100.44020REPAIR SALLY PORT DOOR-PSB159060201666 461.04 229.67 101.3121.42160MV4 WEAR ASPHALTMARTIN MARIETTA MATERIALS, INC44394002201667MAIN01/16/2025 326.55 609.0000.14500123124 INVMEGA BEER LLCIN-19604201668MAIN01/16/2025 181.26 101.3121.42171PVC PIPE, FAIRY LIGHTS, TAPEMENARDS CASHWAY LUMBER-FRIDLEY20322201669MAIN01/16/2025 9.99 101.3121.42171CABLE TIES20940201669 9.93 101.5200.42171JOINT COMPOUND21285201669 55.92 101.5200.42171UTILITY HOOKS20893201669 34.77 101.5200.42171STUD FINDER, BATTERIES20997201669 54.45 101.5200.42171MAKRING WAND, GAS CYLINDER, UTILITY BLADES20493201669 47.84 101.5200.42171ANTIFREEZE20335201669 21.17 101.5200.42171PAINT ROLLER COVER, PAINT TRAYS21695201669 20.37 601.9600.42171PAINT TAPE20889201669 21.96 601.9600.42171RECIP BLADE, SHEARS, DRILLBITS20618201669 457.66 12,300.75 201.0000.20830SAC 4TH QTR 2024METRO COUNCIL ENVIROMENTAL SER010625201670MAIN01/16/2025 69.02 701.0000.14120END ASY, NUT, RETAINERMIDWAY FORD862677201671MAIN01/16/2025 62.80 701.0000.14120BRAKE PAD KIT863611201671 150.76 701.0000.14120BRAKE CALIPER863633201671 65.40 701.0000.14120SPARK PLUGS863541201671 11.77 701.0000.14120NOZZLE KIT862175201671 (50.00)701.0000.14120REFUND CORE EXCHANGECM863633201671 309.75 161,250.26 601.9400.42990WATER PURCHASE 1224MINNEAPOLIS FINANCE DEPT.010225201672MAIN01/16/2025 35.98 701.0000.14120FUEL HOSE ASYMINNEAPOLIS SAW CO INC189059201673MAIN01/16/2025 296.00 609.0000.14500121024 INVMINOCQUA BREWING COMPANY110729201674MAIN01/16/2025 15.00 101.3121.443902025 PESTICIDE LICENSE J.BALISTRIERIMN DEPT OF AGRICULTURE20250499201675MAIN01/16/2025 15.00 101.5200.443902025 PESTICIDE LICENSE T.LUND20071087201675 15.00 101.5200.443902025 PESTICIDE LICENSE T.SANDQUIST20250501201675 276 Item 16. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 8/18Page : 01/23/2025 11:56 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/10/2025 - 01/23/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 15.00 101.5200.443902025 PESTICIDE LICENSE J.NORDLUND20073291201675 240.00 101.6102.443902025 LICENSE & RECERTIFICATION- L.GENTER20246509201675 300.00 278.50 101.2200.43105HAZ MAT TECH EXAM MN FIRE SERVICE CERTIFICATION13390201676MAIN01/16/2025 90.52 101.2200.42173ASST CHIEF HELMENT BADGEMUNICIPAL EMERGENCY SERVICES INC.IN2171718201677MAIN01/16/2025 1,430.10 101.2200.42173RED FIRE HELMETS MUNICIPAL EMERGENCY SERVICES INC.IN2168411201678MAIN01/16/2025 893.16 101.2100.44020REPLACE SOLENOID IN HOLDING CELL-PSBNORTHLAND REFRIGERATION INCORPORATE5570201679MAIN01/16/2025 996.09 101.5200.44020REPLACE BLOWER MOTOR-KEYES BUILDING5584201679 1,513.12 240.5500.44020REPAIR BOILER-LIB5576201679 2,733.66 240.5500.44020REPAIR BOILER-LIB5578201679 1,038.83 609.9792.44020REPLACE COOLER MOTOR & GASKET-TV25601201679 409.66 609.9792.44020REPLACE HOT SURFACE IGNITOR-TV25582201679 325.00 701.9950.44020REPAIR RADIANT HEAT-MSC5571201679 7,909.52 470.00 609.0000.14500123124 INVOLIPHANT BREWING LLCIN-2391201680MAIN01/16/2025 220.00 101.5200.44100SATELLITE RENT-HOLIDAY TRAIN 37TH PLACEON SITE SANITATION INC0001826333201681MAIN01/16/2025 (36.50)101.5200.44100SATELLITE RENT-MCKENNA0001826284201681 183.50 5,125.00 201.2400.43050TYLER LASERFICHE INTEGRATIONOPG-3 INC8451201682MAIN01/16/2025 154.50 609.0000.14500122924 INVPAUSTIS & SONS WINE COMPANY255438201683MAIN01/16/2025 1,134.50 609.0000.14500122924 INV255439201683 8.00 609.9791.42199122924 INV255438201683 16.50 609.9792.42199122924 INV255439201683 1,313.50 774.00 101.2200.43050PREPLACEMENT MEDICAL EXAMS AK, JMPERFORMANCE PLUS LLC11062174201684MAIN01/16/2025 466.91 609.9792.44020PEST CONTROL 0125-1225PLUNKETT'S, INC8949552201685MAIN01/16/2025 (0.59)101.0000.20815123124 COOLER RENTALSPREMIUM WATERS INC310535803201686MAIN01/16/2025 (0.30)101.0000.20815123124 COOLER RENTAL310535804201686 (0.30)101.0000.20815123124 COOLER RENTAL310535805201686 24.30 609.9791.42171123024 WATER310530113201686 9.23 609.9791.42171123124 COOLER RENTALS310535803201686 24.30 609.9792.42171123124 WATER310531393201686 4.62 609.9792.42171123124 COOLER RENTAL310535804201686 14.58 609.9792.42171110824 WATER310449248201686 19.44 609.9792.42171112224 WATER310470446201686 277 Item 16. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 9/18Page : 01/23/2025 11:56 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/10/2025 - 01/23/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 4.62 609.9793.42171123124 COOLER RENTAL310535805201686 9.72 609.9793.42171123024 WATER310530118201686 109.62 96.70 609.0000.14500123124 INVRED BULL DISTRIBUTION CO INC5014641599201687MAIN01/16/2025 78.45 603.9520.42171CLASS 3 JACKETSSAFE-FAST INCINV301762201688MAIN01/16/2025 160.00 101.5040.43050ACTIVE AGERS 120224-123024SCHAFFER/PATRICIA ANNETTE010625201689MAIN01/16/2025 79.96 101.1940.44020PREVENT MAINT 1224-590 40TH AVESCHINDLER ELEVATOR CORP INC8106775860201690MAIN01/16/2025 74.37 101.2100.44020PREVENT MAINT 0125-PSB8106783512201690 74.36 101.2200.44020PREVENT MAINT 0125-PSB8106783512201690 79.96 101.5129.44020PREVENT MAINT 1224-JPM8106775861201690 185.22 609.9791.44020PREVENT MAINT 1224-TV18106774003201690 493.87 3,120.00 603.9510.42910BULK PICKUP 120924-122024SHOREVIEW HUNKS LLCBP026-2024201691MAIN01/16/2025 2,165.00 603.9510.42920BULK PICKUP 120924-122024BP026-2024201691 180.00 603.9540.43050BULK PICKUP 120924-122024BP026-2024201691 5,465.00 194.01 603.9530.42171PAIL LABELSSOULO COMMUNICATIONS130266012201692MAIN01/16/2025 276.00 720.9980.4201012"X8" OFFICE SIGN AND INSTALLATIONSOWDER DESIGN AND DEVELOPMENT, INC20840201693MAIN01/16/2025 24.83 601.9600.43250010125 318950-3SPOK INCJ0318950M201694MAIN01/16/2025 24.84 602.9600.43250010125 318950-3J0318950M201694 49.67 199.00 701.9950.42171O-RING KITTERMINAL SUPPLY CO, INC83872-00201695MAIN01/16/2025 87.36 701.9950.42171TERMINAL ENDS84189-00201695 286.36 1,362.80 701.0000.14120SNOW TIRES, SNOW CATCHTRI-STATE BOBCAT INCA44353201696MAIN01/16/2025 129.88 240.5500.42171TP, TOWELS-LIBTRIO SUPPLY COMPANY INC993793201697MAIN01/16/2025 588.84 101.5200.44100LIGHT TOWER RENTAL 1224UNITED RENTALS242363984-001201698MAIN01/16/2025 162.38 609.9792.44020010225 MOPS,MATS,TOWELSVESTIS SERVICES. LLC2500581875201699MAIN01/16/2025 77.91 609.9793.44020010225 MOPS,MATS,TOWELS2500581224201699 240.29 310.50 412.5200.43050SILVER LAKE MGMT PLANWSB & ASSOCIATES INCR-023643-001-4201700MAIN01/16/2025 1,873.42 101.2100.4381051-5047554-2XCEL ENERGY (N S P)1154150137201701MAIN01/16/2025 278 Item 16. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 10/18Page : 01/23/2025 11:56 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/10/2025 - 01/23/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 1,873.36 101.2200.4381051-5047554-21154150137201701 8.19 101.3160.4381051-4174399-11153098975201701 8.14 101.3160.4381051-4941920-11153099747201701 1,673.15 240.5500.4381051-0011136455-01154208664201701 5,436.26 88.58 601.9600.43810SOLAR SUBSCRIPTION 1124XCEL ENERGY SOLUTIONS003801201702MAIN01/16/2025 295.47 701.0000.14120FILTERS, OIL ADDITIVEZIEGLER INCIN001744198201703MAIN01/16/2025 410.30 609.0000.14500011025 INVARTISAN BEER COMPANY37391961910(A)MAIN01/23/2025 101.40 609.0000.14500011025 INV37391951910(A) 964.10 609.0000.14500011025 INV37391941910(A) 22.40 609.0000.14500120624 INV4095141910(A) (58.64)609.0000.14500122624 INV4111391910(A) 1,439.56 50.50 609.0000.14500010825 INVBELLBOY BAR SUPPLY01093456001911(A)MAIN01/23/2025 62.00 609.9792.42171010825 INV01093443001911(A) 260.25 609.9793.42171010825 INV01093456001911(A) 372.75 6,190.00 609.0000.14500010825 INVBELLBOY CORPORATION02063374001912(A)MAIN01/23/2025 820.00 609.0000.14500010825 INV02063375001912(A) 806.50 609.0000.14500010825 INV02063395001912(A) 60.00 609.9791.42199010825 INV02063374001912(A) 8.00 609.9793.42199010825 INV02063375001912(A) 10.00 609.9793.42199010825 INV02063395001912(A) 7,894.50 6,561.00 603.9510.42930ORGANICS 1224BETTER FUTURES MNINV17331913(A)MAIN01/23/2025 16,122.70 609.0000.14500010725 INV 700297717BREAKTHRU BEVERAGE MN BEER LLC1194696261914(A)MAIN01/23/2025 1,620.85 609.0000.14500010725 INV 7002977821194704891914(A) 96.00 609.0000.14500010725 INV 7002977171194696271914(A) 276.90 609.0000.14500010725 INV 7002977171194696281914(A) (48.00)609.0000.14500011025 INV 7002977174131398951914(A) (24.30)609.0000.14500011025 INV 7002977174131454991914(A) (2.25)609.0000.14500011025 INV 7002977174131455001914(A) (98.00)609.0000.14500011025 INV 7002977174131454981914(A) 17,943.90 684.78 609.0000.14500011025 INV 700297717BREAKTHRU BEVERAGE MN W&S LLC1195457411915(A)MAIN01/23/2025 370.00 609.0000.14500011025 INV 7002977171195457421915(A)279 Item 16. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 11/18Page : 01/23/2025 11:56 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/10/2025 - 01/23/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 2,610.00 609.0000.14500011025 INV 7002977171195457431915(A) 214.51 609.0000.14500011025 INV 7002977171195457441915(A) 450.15 609.0000.14500011025 INV 7002977171195457451915(A) 285.00 609.0000.14500011025 INV 7002977171195457481915(A) 580.50 609.0000.14500011025 INV 7002977171195457471915(A) 104.00 609.0000.14500011025 INV 7002977171195457461915(A) 4,192.00 609.0000.14500011025 INV 7002977171195457401915(A) 181.90 609.0000.14500011025 INV 7002977821195457541915(A) 679.00 609.0000.14500011025 INV 7002977821195457551915(A) 584.81 609.0000.14500011025 INV 7002977821195457561915(A) 537.50 609.0000.14500011025 INV 7002977821195457591915(A) 11.50 609.9791.42199011025 INV 7002977171195457411915(A) 6.90 609.9791.42199011025 INV 7002977171195457421915(A) 17.25 609.9791.42199011025 INV 7002977171195457431915(A) 8.05 609.9791.42199011025 INV 7002977171195457441915(A) 6.90 609.9791.42199011025 INV 7002977171195457451915(A) 2.40 609.9791.42199011025 INV 7002977171195457481915(A) 28.75 609.9791.42199011025 INV 7002977171195457471915(A) 1.15 609.9791.42199011025 INV 7002977171195457461915(A) 46.00 609.9791.42199011025 INV 7002977171195457401915(A) 2.30 609.9793.42199011025 INV 7002977821195457541915(A) 10.35 609.9793.42199011025 INV 7002977821195457551915(A) 9.20 609.9793.42199011025 INV 7002977821195457561915(A) 28.75 609.9793.42199011025 INV 7002977821195457591915(A) 11,653.65 1,702.10 609.0000.14500010825 INVCAPITOL BEVERAGE SALES LP30822091916(A)MAIN01/23/2025 2,812.70 609.0000.14500010825 INV30821931916(A) 4,514.80 810.00 609.0000.14500010925 INVJOHNSON BROTHERS LIQUOR CO.27064451917(A)MAIN01/23/2025 80.00 609.0000.14500010925 INV27064431917(A) 990.00 609.0000.14500010925 INV27064461917(A) 36.00 609.0000.14500010925 INV27064391917(A) 89.56 609.0000.14500010925 INV27064381917(A) 494.10 609.0000.14500010925 INV27064401917(A) 460.00 609.0000.14500010925 INV27064421917(A) 596.00 609.0000.14500010925 INV27055451917(A) 101.50 609.0000.14500010825 INV27044191917(A) 72.00 609.0000.14500010825 INV27044201917(A) 171.00 609.0000.14500010825 INV27044171917(A) 6,982.40 609.0000.14500010825 INV27044181917(A) 249.45 609.0000.14500011025 INV27064521917(A) 280 Item 16. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 12/18Page : 01/23/2025 11:56 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/10/2025 - 01/23/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 24.00 609.0000.14500011025 INV27064511917(A) 52.00 609.0000.14500011025 INV27064501917(A) 2,096.15 609.0000.14500011025 INV27064491917(A) 348.00 609.0000.14500011025 INV27064481917(A) 296.00 609.0000.14500011025 INV27064471917(A) 903.00 609.0000.14500010825 INV27044221917(A) 790.00 609.0000.14500010825 INV27044211917(A) 41.40 609.0000.14500010925 INV27064361917(A) 7.00 609.9791.42199010925 INV27064451917(A) 1.40 609.9791.42199010925 INV27064431917(A) 7.00 609.9791.42199010925 INV27064461917(A) 1.40 609.9791.42199010925 INV27064391917(A) 2.80 609.9791.42199010925 INV27064381917(A) 7.47 609.9791.42199010925 INV27064401917(A) 12.72 609.9791.42199010925 INV27064421917(A) 36.40 609.9791.42199010925 INV27055451917(A) 1.40 609.9791.42199010825 INV27044191917(A) 2.80 609.9791.42199010825 INV27044201917(A) 4.20 609.9791.42199010825 INV27044171917(A) 43.40 609.9791.42199010825 INV27044181917(A) 4.20 609.9793.42199011025 INV27064521917(A) 1.40 609.9793.42199011025 INV27064511917(A) 1.40 609.9793.42199011025 INV27064501917(A) 15.40 609.9793.42199011025 INV27064491917(A) 12.60 609.9793.42199011025 INV27064481917(A) 4.20 609.9793.42199011025 INV27064471917(A) 9.10 609.9793.42199010825 INV27044221917(A) 14.00 609.9793.42199010825 INV27044211917(A) 15,872.85 134,665.45 602.9480.42900FEBRUARY 2025 WASTEWATERMETROPOLITAN COUNCIL WASTEWATER00011813531918(A)MAIN01/23/2025 1,607.44 609.0000.14500010925 INVPHILLIPS WINE & SPIRITS INC69119261919(A)MAIN01/23/2025 650.00 609.0000.14500010925 INV69119251919(A) 600.00 609.0000.14500010925 INV69119241919(A) 1,233.16 609.0000.14500010925 INV69119231919(A) 172.20 609.0000.14500010925 INV69119221919(A) 148.50 609.0000.14500010925 INV69119201919(A) 192.00 609.0000.14500010925 INV69119191919(A) 264.00 609.0000.14500010925 INV69119181919(A) 248.00 609.0000.14500010925 INV69119171919(A) 282.50 609.0000.14500010925 INV69119161919(A) 80.00 609.0000.14500011025 INV69119331919(A) 281 Item 16. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 13/18Page : 01/23/2025 11:56 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/10/2025 - 01/23/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 49.50 609.0000.14500011025 INV69119321919(A) 205.80 609.0000.14500011025 INV69119311919(A) 40.00 609.0000.14500011025 INV69119301919(A) 264.00 609.0000.14500011025 INV69119291919(A) 294.00 609.0000.14500010925 INV69119211919(A) 7.00 609.9791.42199010925 INV69119261919(A) 7.00 609.9791.42199010925 INV69119251919(A) 8.40 609.9791.42199010925 INV69119241919(A) 12.60 609.9791.42199010925 INV69119231919(A) 4.20 609.9791.42199010925 INV69119221919(A) 4.20 609.9791.42199010925 INV69119201919(A) 4.20 609.9791.42199010925 INV69119191919(A) 8.40 609.9791.42199010925 INV69119181919(A) 8.40 609.9791.42199010925 INV69119171919(A) 15.40 609.9791.42199010925 INV69119161919(A) 1.40 609.9793.42199011025 INV69119331919(A) 1.40 609.9793.42199011025 INV69119321919(A) 5.60 609.9793.42199011025 INV69119311919(A) 1.40 609.9793.42199011025 INV69119301919(A) 8.40 609.9793.42199011025 INV69119291919(A) 6,429.10 514.82 701.0000.14120TIRESPOMP'S TIRE SERVICE INC23200125491920(A)MAIN01/23/2025 912.96 609.0000.14500010925 INVSOUTHERN GLAZER'S25758611921(A)MAIN01/23/2025 512.00 609.0000.14500010925 INV25758621921(A) 728.78 609.0000.14500010925 INV25758601921(A) 891.00 609.0000.14500010925 INV25758651921(A) 120.00 609.0000.14500010925 INV25758631921(A) 768.40 609.0000.14500010925 INV25758581921(A) 674.88 609.0000.14500010925 INV25758561921(A) 295.70 609.0000.14500010925 INV25758571921(A) 101.25 609.0000.14500010925 INV25758551921(A) 306.38 609.0000.14500010925 INV25758521921(A) 1,667.96 609.0000.14500010925 INV25758501921(A) 233.52 609.0000.14500010925 INV25760141921(A) 8.96 609.9791.42199010925 INV25758611921(A) 8.32 609.9791.42199010925 INV25758621921(A) 7.68 609.9791.42199010925 INV25758601921(A) 4.27 609.9791.42199010925 INV25758651921(A) 1.28 609.9791.42199010925 INV25758631921(A) 11.52 609.9791.42199010925 INV25758581921(A) 4.48 609.9791.42199010925 INV25758561921(A) 282 Item 16. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 14/18Page : 01/23/2025 11:56 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/10/2025 - 01/23/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 2.77 609.9791.42199010925 INV25758571921(A) 0.75 609.9791.42199010925 INV25758551921(A) 7.68 609.9791.42199010925 INV25758521921(A) 37.33 609.9791.42199010925 INV25758501921(A) 5.12 609.9793.42199010925 INV25760141921(A) 7,312.99 168.00 609.0000.14500010925 INVWINE MERCHANTS75041361922(A)MAIN01/23/2025 5.60 609.9791.42199010925 INV75041361922(A) 173.60 95.40 101.1940.43050PEST CONTROL-CH 010725ADAM'S PEST CONTROL, INC4046685201704MAIN01/23/2025 807.03 101.1320.43050BSWIFT 0125AI TECHNOLOGIES, LLC.10024012025201705MAIN01/23/2025 503.16 101.1410.43050POSTAGE/BALLOTS/JUDGESANOKA COUNTY TREASURERELEC12262407201706MAIN01/23/2025 60.78 701.0000.14120LOWER MIRROR ASTLEFORD INTERNATIONAL01P124891201707MAIN01/23/2025 4,209.00 101.1610.43041CIVIL CHARGES 1224BARNA GUZY & STEFFEN LTD291994201708MAIN01/23/2025 9,318.00 101.1610.43042PROSECUTION 1224291966201708 212.50 101.1610.43042IN CUSTODY 1224291967201708 1,278.24 101.1610.43045PERSONNEL MATTERS 1224291964201708 15,017.74 219.00 609.0000.14500010725 INVBAUHAUS BREW LABS LLC15302201709MAIN01/23/2025 441.00 609.0000.14500010625 INVBERGMAN LEDGE LLCE-17664201710MAIN01/23/2025 4,653.00 651.9699.43050WATER SYSTEM ANALYSIS-800 53RD AVEBOLTON & MENK, INC0352778201711MAIN01/23/2025 475.00 347.7000.462102017B FISCAL AGENT FEESBOND TRUST SERVICES CORP92806201712MAIN01/23/2025 100.00 348.7000.462002018A FISCAL FEES92804201712 475.00 372.7000.462002016A FISCAL AGENT FEES92809201712 475.00 639.7000.462102017A FISCAL AGENT FEES92805201712 1,525.00 768.00 609.0000.14500010825 INVBOURGET IMPORTS LLC213984201713MAIN01/23/2025 14.00 609.9791.42199010825 INV213984201713 782.00 446.00 101.5000.44330MUSIC LICENSE 2025BROADCAST MUSIC INC11676775201714MAIN01/23/2025 60.00 101.5040.44200DEPOSIT CLASSICS OF THE BEE GEES 053125CHANHASSEN DINNER THEATRES1250147201715MAIN01/23/2025 174.86 701.9950.42171FIRST AID SUPPLIES PW 010725CINTAS FIRST AID-SAFETY5247738403201716MAIN01/23/2025 283 Item 16. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 15/18Page : 01/23/2025 11:56 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/10/2025 - 01/23/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 42.88 101.5129.44020MOPS JPM 011425CINTAS INC4217724098201717MAIN01/23/2025 48.85 701.9950.42172UNIFORM RENTAL 0113254217641157201717 91.73 76.55 101.1940.44020RUGS 010825CINTAS INC4217133169201718MAIN01/23/2025 100.00 603.9530.42920PLASTIC BAGS & STYROFOAM RECYCLE 0125CITY OF COON RAPIDSAR-0000014616201719MAIN01/23/2025 2,421.50 651.9699.45180.2409METER ADAPTORSCORE & MAIN LPW157338201720MAIN01/23/2025 2,421.50 652.9699.45180.2409METER ADAPTORSW157338201720 4,843.00 13,845.00 720.9980.42012HPE DL380 GEN10CORE 4 SOLUTIONS356703201721MAIN01/23/2025 59.00 101.0000.20810REFUND DAMAGE DEPOSIT LESS SECURITYCRIOLLO/RAQUEL110924201722MAIN01/23/2025 726.09 101.0000.34781REFUND DAMAGE DEPOSIT LESS SECURITY110924201722 785.09 1,506.51 701.9950.42010BATTERY JUMP PACK, AUTO MULTIMETER DELEGARD TOOL CO INC445383/1201723MAIN01/23/2025 630.00 603.9530.42920PLASTIC RECYCLING 1224EMERGE ENTERPRISES618201724MAIN01/23/2025 42.68 701.0000.14120FILTERSFLEETPRIDE INC122525366201725MAIN01/23/2025 144.92 701.0000.14120FILTERS122487804201725 7.37 701.0000.14120FILTER122675603201725 194.97 13.28 701.0000.14120SPARK PLUGSGENUINE PARTS/NAPA AUTO994639201726MAIN01/23/2025 13.28 701.0000.14120SPARK PLUGS- INVENTORY994638201726 26.56 3,276.52 601.9600.42160FILL SAND, RECYCLED CLASS 5HASSAN SAND & GRAVEL183397201727MAIN01/23/2025 363.15 609.0000.14500010825 INVHEADFLYER BREWINGE-6863201728MAIN01/23/2025 5,533.80 609.0000.14500011025 INVHOHENSTEINS INC785915201729MAIN01/23/2025 585.05 609.0000.14500011025 INV785914201729 6,118.85 187.92 601.9600.42171TORCHESHOME DEPOT #28029016785201730MAIN01/23/2025 118.11 701.9950.42171PLYWOOD5023186201730 306.03 51.22 701.0000.14120HEATED SPRAY NOZZLEJEFF BELZER'S ROSEVILLE AUTO428351201731MAIN01/23/2025 75.08 701.0000.14120MALE COUPLERKANDI KOUNTRY INC474427201732MAIN01/23/2025 284 Item 16. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 16/18Page : 01/23/2025 11:56 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/10/2025 - 01/23/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 30.00 101.1110.44330MN MAYORS ASSOCIATION MEMBERSHIP 2025LEAGUE OF MINNESOTA CITIES01012025201733MAIN01/23/2025 640.00 609.9792.44000ANNUAL FIRE ALARM MONITORING - TV2 0225-0126LVC COMPANIES INC159773201734MAIN01/23/2025 2,089.33 609.0000.14500011025 INVM AMUNDSON CIGAR & CANDY CO LLP396434201735MAIN01/23/2025 2,619.78 609.0000.14500011025 INV396433201735 1,854.34 609.0000.14500011025 INV396432201735 6,563.45 475.20 101.5200.42171CITY FLAGSMAIN STREET DESIGN36360201736MAIN01/23/2025 240.20 101.5200.42171USA FLAGS36359201736 715.40 498.00 609.0000.14500011025 INVMCDONALD DISTRIBUTING CO786977201737MAIN01/23/2025 (8.25)609.0000.14500011025 INV787156201737 489.75 230.95 701.0000.14120STEERING WHEELMIDWAY FORD864316201738MAIN01/23/2025 53.98 701.0000.14120SEAT BELT BUCKLES865336201738 41.47 701.0000.14120FOG SCREEN865039201738 426.36 701.0000.14120CONTROL ARMS 865875201738 721.11 701.0000.14120FILTERS865830201738 1,473.87 1,063.42 201.0000.208204TH QTR 2024 SURCHARGEMN DEPT OF LABOR & INDUSTRYDECEMBER0030402024201739MAIN01/23/2025 (42.54)201.0000.362604TH QTR 2024 SURCHARGEDECEMBER0030402024201739 1,020.88 729.95 609.0000.14500010925 INVMODIST BREWING CO LLCE-56272201740MAIN01/23/2025 725.00 101.5001.44330BASKETBALL FEES BOYS REC LEAGUE 24-25MYAS129829201741MAIN01/23/2025 2,950.00 415.6450.44000PRIVATE ASH TREE REMOVAL- 4421 MAIN ST NICK'S TREE SERVICE INC1229201742MAIN01/23/2025 1,332.50 609.0000.14500010825 INVOLD WORLD BEER LLC14653201743MAIN01/23/2025 120.00 609.0000.14500010925 INVPAUSTIS & SONS WINE COMPANY256261201744MAIN01/23/2025 4.00 609.9791.42199010925 INV256261201744 124.00 25.00 101.0000.35102REFUND DOUBLE PAYMENT OF CITATIONPEARL FANG020425501189201745MAIN01/23/2025 9.72 609.9792.42171011025 WATERPREMIUM WATERS INC310558882201746MAIN01/23/2025 1,560.53 603.9540.43050FLUORESCENT BULBS, BATTER RECYCLINGRECYCLE TECHNOLOGIES, INC252239201747MAIN01/23/2025 18.85 101.1410.44000SHREDING 121624ROHN INDUSTRIES INC0038513201748MAIN01/23/2025 285 Item 16. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 17/18Page : 01/23/2025 11:56 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/10/2025 - 01/23/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 2,050.00 101.5001.4433010U DOMEBALL LEAGUE 2025S&C SPORTS SERVICES25006201749MAIN01/23/2025 352.50 609.9791.43420BACK COVER AD DECEMBER 2024SAVE ON EVERYTHING INC2024CI-92735201750MAIN01/23/2025 277.50 609.9792.43420BACK COVER AD DECEMBER 20242024CI-92735201750 120.00 609.9793.43420BACK COVER AD DECEMBER 20242024CI-92735201750 750.00 1,690.00 603.9510.42910BULK PICKUP 122324-010625SHOREVIEW HUNKS LLCBP01-2025201751MAIN01/23/2025 890.00 603.9510.42920BULK PICKUP 122324-010625BP01-2025201751 935.00 603.9510.42930BULK PICKUP 122324-010625BP01-2025201751 400.00 603.9540.43050BULK PICKUP 122324-010625BP01-2025201751 3,915.00 700.00 101.5001.44330PANTHER CLASSIC TOURNAMENT 10U & 12U 2025SPRING LAKE PARK SOFTBALL ASSN245201752MAIN01/23/2025 1,102.20 430.6323.43050.1807ENGINEERING SCHOOL SAFE ROUTES 1024SRF CONSULTING GROUP, INC.17109.00-13201753MAIN01/23/2025 625.21 430.6323.43050.1807ENGINEERING SCHOOL SAFE ROUTES 122417109.00-15201753 7,178.43 430.6323.43050.1807ENGINEERING SCHOOL SAFE ROUTES 112417109.00-14201753 8,905.84 180.40 101.1320.43050BACKGROUND CHECKS 1224THE MCDOWELL AGENCY, INC.159053201754MAIN01/23/2025 503.50 101.1410.43050COUNCIL MINUTES 120924TIMESAVER OFF SITE SECRETR INCM29751201755MAIN01/23/2025 206.50 201.2400.43050EDA MEETING 120224,PLANNING COMMISSION 120324M29714201755 188.00 204.6314.43050EDA MEETING 120224,PLANNING COMMISSION 120324M29714201755 898.00 4,100.00 101.3121.42010SNOW PUSHER PRO 8' TRI-STATE BOBCAT INCS39990201756MAIN01/23/2025 4,100.00 101.5200.42010SNOW PUSHER PRO 8' S39990201756 8,200.00 245.66 609.0000.14500011025 INVVENN BREWING COMPANY7933201757MAIN01/23/2025 120.67 609.9791.44020010725 MOPS,MATS,TOWELSVESTIS SERVICES. LLC2500583439201758MAIN01/23/2025 162.38 609.9792.44020010925 MOPS,MATS,TOWELS2500584985201758 77.91 609.9793.44020010925 MOPS,MATS,TOWELS2500584923201758 360.96 80.00 609.0000.14500010925 INVVINOCOPIA INC0366102-IN201759MAIN01/23/2025 1,141.98 609.0000.14500010925 INV0366101-IN201759 2.50 609.9791.42199010925 INV0366102-IN201759 18.00 609.9791.42199010925 INV0366101-IN201759 1,242.48 286 Item 16. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 18/18Page : 01/23/2025 11:56 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/10/2025 - 01/23/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 7,900.00 603.9510.42930YARD WASTE 1124WASTE MANAGEMENT OF WI-MN INC0000285-4651-3201760MAIN01/23/2025 366.03 601.9600.43050LEAK LOCATE-3847 TYLER STWATER CONSERVATION SRVCS INC14567201761MAIN01/23/2025 68.77 701.9950.42171FLOOD LIGHTS MENARDS CASHWAY LUMBER-FRIDLEY2196331(S)MAIN01/23/2025 (68.77)701.9950.42171FLOOD LIGHTS2199631(S) 0.00 1,423,437.63 TOTAL OF 161 CHECKSTOTAL - ALL FUNDS 287 Item 16. StatusDepositCheck AmountGrossNameCheck NumberBankCheck Date DirectPhysicalCheck For Check Dates 12/28/2024 to 01/10/2025 01/23/2025 08:12 AM Check Register Report For City Of Columbia Heights Page 1 of 1 Open0.00358.20358.20MN CHILD SUPPORT PAYMENT CENTE 100804PR01/10/2025 Open0.001,314.001,314.00LELS #311 OFFICERS UNION 100805PR01/10/2025 Open0.00352.50352.50LELS #342 SERGEANT UNION 100806PR01/10/2025 Open0.00200.00200.00COL HTS LOCAL 1216 EFT1445PR01/10/2025 Open0.00220.00220.00COLHTS FIREFIGHTER ASSN EFT1446PR01/10/2025 Open0.003,345.243,345.24MSRS MNDCP PLAN 650251 EFT1447PR01/10/2025 Open0.0022,385.9522,385.95HSA BANK EFT1448PR01/10/2025 Open0.0070.0070.00PMA UNION DUES EFT1449PR01/10/2025 Open0.00148.00148.00COL HGTS POLICE ASSN EFT1450PR01/10/2025 Open0.00112,971.53112,971.53IRS EFT1451PR01/10/2025 Open0.003,402.953,402.95MISSION SQUARE 401 (ROTH) EFT1452PR01/10/2025 Open0.0055,331.8255,331.82MISSION SQUARE 457(B) EFT1453PR01/10/2025 Open0.00763.78763.78MISSION SQUARE RHS EFT1454PR01/10/2025 Open0.00102,460.51102,460.51PERA 397400 EFT1455PR01/10/2025 Open0.0023,076.1323,076.13STATE OF MN TAX EFT1456PR01/10/2025 12 3 Total Check Stubs: Total Physical Checks: 0.00326,400.61326,400.61Number of Checks: 015Totals: 288 Item 16. ITEM: Approval of Resolution 2025-016 Regarding the Condemnation and Action Toward the Removal of Discriminatory Covenants DEPARTMENT: Community Development BY/DATE: Mitchell Forney, 1-20-25 CORE CITY STRATEGIES: _Healthy and Safe Community XEquitable, Diverse, Inclusive, and Friendly _Trusted and Engaged Leadership _Thriving and Vibrant Destination Community _Strong Infrastructure and Public Services _Sustainable BACKGROUND From the early 1900s to the 1960s, discriminatory covenants were used to prevent individuals based on race, religion, ethnicity, and other protected classes from purchasing or occupying property in many communities, including Columbia Heights. These covenants were a key tool in promoting residential segregation and perpetuating systemic racism in housing. While no longer enforceable due to legal and le gislative actions— including the landmark 1948 Supreme Court ruling in Shelley v. Kraemer and the 1968 Fair Housing Act —the legacy of these covenants continues to affect communities today. Their impact is evident in disparities related to property values, wealth accumulation, mortgage access, and community investment. In Columbia Heights, the Mapping Prejudice Project identified 181 properties with discriminatory covenants. The University of Minnesota Libraries, through Mapping Prejudice, has documented thes e covenants and highlighted their ongoing societal effects. Complementing this effort, the Just Deeds Project provides free legal and title services to assist property owners in identifying and discharging discriminatory covenants while fostering community education and reconciliation. Resolution 2025-016 sets out to begin the City’s role in reconciling with its past by formally condemning the use of discriminatory covenants and acknowledging the harm they have caused to the community. The resolution directs staff to investigate city-owned properties for the presence of discriminatory covenants and take appropriate legal steps to discharge them. By doing so, the City affirms its commitment to removing symbols of systemic racism from its property record s and fostering an inclusive community. Additionally, the resolution authorizes the City to join the Just Deeds Project as a member organization. This partnership will provide Columbia Heights property owners with access to free legal and title services t o identify and discharge discriminatory covenants on their properties. The resolution also emphasizes community education, directing staff to actively promote the Just Deeds Project and develop resources to raise awareness about the history and lasting impacts of discriminatory covenants. In entering the city as a member organization the City recognizes the following truths and principals: CITY COUNCIL MEETING AGENDA SECTION FOR BUSINESS MEETING DATE 01/27/2025 289 Item 17. City of Columbia Heights - Council Letter Page 2 • Systemic racism in housing occurs today. Black, Indigenous, and other communities of color continue to face discrimination and lack of access to affordable housing and home ownership. • Continued denial of opportunities to build generational wealth through home ownership perpetuates inequity within our communities. • We will not erase or deny history. We will acknowledge it and learn from it. • We are dedicated to honesty about institutional roles (public and private) in building and perpetuating systemic racism. • We commit to begin and participate in hard conversations within our communities and institutions about our shared history of discrimination and systemic racism. • We pledge to examine the current policies and practices of our institutions to prevent future racist actions. • When we identify racism in our institutions and processes, we will actively work to remove it. Furthermore, the resolution aligns with the City’s strategic priority of advancing racial equity and inclusion by committing to dismantling systemic barriers in housing. By adopting this resolution, the City takes a meaningful step toward reconciliation and positions itself as a leader in addressing systemic inequities in the City. City staff are working to include a marketing and outreach campaign alongside the Council’s efforts. As highlighted in the proclamation, staff will host a presentation and information session on the history of discriminatory covenants within the City. This event will educate homeowners and neighbors on the history of their neighborhoods and promote community-wide efforts to create a more inclusive future. Staff will also collaborate with the library to offer continuing education sessions, ensuring this critical conversation remains at the forefront of community dialogue. One of the resolution’s most impactful directives is for staff to identify and discharge any di scriminatory covenants on City-owned or leased properties. Staff have already identified one such property: the flat parking lot on Van Buren Avenue. While further research into the property's history and covenant is required, staff will present their findings to the Council before taking steps to formally discharge the covenant. 290 Item 17. City of Columbia Heights - Council Letter Page 3 STAFF RECOMMENDATION Staff recommend approving Resolution 2025-016 a resolution condemning the use of discriminatory covenants, discharging discriminatory covenants on city-owned property, and approving participation in the just deeds coalition. RECOMMENDED MOTION(S): MOTION: Move to waive the reading of Resolution 2025-016, there being ample copies available to the public. MOTION: Move to approve Resolution 2025-016, a resolution condemning the use of discriminatory covenants, discharging discriminatory covenants on city-owned property, and approving participation in the Just Deeds coalition. ATTACHMENT(S): 1. Resolution 2025-016 2. Just Deeds Mission Statement 291 Item 17. Resolution 2025-016 RESOLUTION NO. 2025-016 A RESOLUTION CONDEMNING THE USE OF DISCRIMINATORY COVENANTS, DISCHARGING DISCRIMINATORY COVENANTS ON CITY-OWNED PROPERTY, AND APPROVING PARTICIPATION IN THE JUST DEEDS COALITION WHEREAS, discriminatory covenants were used from the early 1900s to the 1960s to prevent people of color and non-Christian individuals from buying or occupying property in certain areas, including in the City of Columbia Heights; and WHEREAS, discriminatory covenants promoted and established residential racial segregation, which historically and currently has impacted property ownership, accumulation of wealth, property transfers, mortgage eligibility, rental eligibility, property values, property tax base, internet access and more; and WHEREAS, discriminatory covenants fortified systemic racism and compounded economic divestment in specific communities within Anoka County, benefiting those in power while restricting housing options for people of color and non-Christian individuals; and WHEREAS, an example of a common covenant in Columbia Heights declared that "No persons of any race other than the Caucasian race shall use or occupy any building on any of the above described lots, except that this Covenant shall not prevent the occupancy by domestic servants of a different race domiciled wi th an owner or tenant”; and WHEREAS, properties with discriminatory covenants were classified, without basis in fact, as more desirable by the Federal Housing Authority and Home Ownership Loan Corporation, resulting in more favorable mortgage rates and more public and private investment; and WHEREAS, discriminatory covenants are no longer enforceable. According to the Mapping Prejudice website, “The NAACP recognized covenants as a fundamental threat to racial equality. The legendary civil rights organization launched a sustained legal campaign against covenants in the 1940s, prompting the Supreme Court to rule in the landmark 1948 Shelley v Kramer case that covenants were unenforceable.” While the Minnesota legislature in 1953 prohibited new covenants, existing covenants remained legal in Minnesota until 1962. Covenants remained common in much of the nation until 1968 when the Fair Housing Act made them illegal; and WHEREAS, because of these judicial and legislative actions, Minnesota law and federal law now prohibits discrimination in the sale or lease of housing based on race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or familial status. Those state and federal prohibitions extend to the refusal to sell or circulate, post or cause to be printed, circulated, or posted, any limitation, specification or discrimination as to race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or familial status; and WHEREAS, in 2016 the University of Minnesota founded Mapping Prejudice to expose the racist housing practices that shaped the landscape of the metro area, mapping 1,795 discriminatory covenants in Anoka County that include 181 in the City of Columbia Heights; and WHEREAS, in 2019 the Minnesota Legislature passed a law authorizing property owners to individually discharge or renounce discriminatory covenants by recording a discharge for m in the county property records; and 292 Item 17. City of Columbia Heights – EDA Resolution Page 2 WHEREAS, the City of Columbia Heights recognizes the harm that discriminatory covenants – and the racial, religious and other discriminatory practices that they represent – cause to society in general and to the individuals who are adversely affected by racial, religious and other discrimination through the presence of discriminatory covenants in the public land records; and WHEREAS, the Just Deeds Project provides free legal and title services to help property owners find discriminatory covenants and discharge them from their property titles, and provides education opportunities to help communities acknowledge this racist history and pursue reconciliation and anti-racist solutions. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Columbia Heights hereby: 1. Disavows and condemns the past use of discriminatory covenants and prohibits discriminatory covenants from being used in the future. 2. Directs staff to investigate and to identify any real property owned or leased by the City that contains discriminatory covenants and to prepare and record an affidavit or request an examiner's directive discharging such discriminatory covenants pursuant to Minnesota Statute § 507.18, subd. 5. 3. Joins the Just Deeds Project as a member organization to help Columbia Heights property owners find discriminatory covenants and discharge them from their property titles. 4. Commits to participating in the work of the Just Deeds Project, officially recognizing the Just Deeds truths and principals, to educate the community about this and other historically discriminatory practices; to identify contemporary discriminatory systems, policies and practices; and to take action in dismantling racist systems, practices and policies, in accordance with city’s strategic priority of being a leader in racial equity and inclusion in order to create a more just and inclusive community for all. 5. Directs staff to actively promote the Just Deeds Project to Columbia Heights residents through city communication channels, events, and partnerships with community organizations, ensuring broad awareness, engagement, and the removal of all discriminatory covenants within the City. ORDER OF ECONOMIC DEVELOPMENT AUTHORITY Adopted this 27th day of January, 2025 Offered by: Seconded by: Roll Call: __________________________________ Mayor Amáda Márquez Simula Attest: _______________________________________ Sara Ion, City Clerk/Council Secretary 293 Item 17. 294 Item 17. 295 Item 17. ITEM: First Reading of Ordinance 1710, an Ordinance Amending Chapter 5A Property Maintenance Code, to Include the Removal of Discriminatory covenants. DEPARTMENT: Community Development BY/DATE: Mitchell Forney, 1-17-25 CORE CITY STRATEGIES: _Healthy and Safe Community _Equitable, Diverse, Inclusive, and Friendly _Trusted and Engaged Leadership XThriving and Vibrant Destination Community _Strong Infrastructure and Public Services _Sustainable BACKGROUND At the December 2024 Council Work session staff brought forth the start of a plan for the City to tackle discriminatory covenants. Earlier in this meeting, the City council will consider a resolution condemning the use of discriminatory covenants, discharging discriminatory covenants on city-owned property, and approving participation in the Just Deeds coalition. Staff have planned a large outreach push for February. Including sending out mailers, hosting a presentation and covenant removal meeting on Covenant Awareness and Action Day, as well as targeted social media and marketing. As part of the work session the council discussed adding a requirement for the removal of discriminatory covenants. Similar to Mounds View, staff have brought forth ordinance 1710 which would amend the city’s Time of Sale Program, requiring upon transfer, a property to remove the discriminatory covenant. Staff plan on conducting outreach throughout 2025 but have brought forth the ordinance for those properties that decide not to remove the covenant voluntarily. STAFF RECOMMENDATION Staff recommend approving Ordinance 1710 as it ensures that over time all discriminatory covenants will eventually be removed from the City. RECOMMENDED MOTION(S): MOTION: Move to waive the reading of Ordinance No. 1710, there being ample copies available to the public. MOTION: Move to set the second reading of Ordinance 1710, being an ordinance amending chapter 5a of the Columbia Heights City Code to require the removal of discriminatory covenants before a certificate of property maintenance may be issued, for February 10th, 2025 at approximately 6:00pm. ATTACHMENT(S): 1. Ordinance 1710 CITY COUNCIL MEETING AGENDA SECTION FOR BUSINESS MEETING DATE 01/27/2025 296 Item 18. ORDINANCE NO. 1710 BEING AN ORDINANCE AMENDING CHAPTER 5A OF THE COLUMBIA HEIGHTS CITY CODE TO REQUIRE THE REMOVAL OF DISCRIMINATORY COVENANTS BEFORE A CERTIFICATE OF PROPERTY MAINTENANCE MAY BE ISSUED The City of Columbia Heights does ordain: Section 1 § 5A of the Columbia Heights City Code is hereby amended to read as follows, to wit: § 5A.101 STATEMENT OF PURPOSE. (A) These regulations shall be known as the Property Maintenance Code of The City of Columbia Heights hereinafter referred to as "this code". (B) The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. (C) This code shall be construed to secure its expressed intent, which is to protect the character and stability of all premises within the city; to correct and prevent conditions that adversely affect or are likely to adversely affect the life, safety, general welfare, and health; to provide minimum standards for the maintenance of existing property and to thus prevent substandard property and blight; and to preserve the value of land and buildings throughout the city. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. (D) If a section, division, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. (E) With respect to disputes between property owners (owners) and tenants, and except as otherwise specifically provided by terms of this code, the City Council (Council) will not intrude upon the accepted contractual relationships between owners and tenants. The Council will not intervene as an advocate of either party, nor will it act as an arbiter, nor will it be receptive to complaints from owners or tenants, which are not specifically and clearly relevant to the provisions of this code. In the absence of such relevancy with regard to rental disputes, it is intended that the contracting parties exercise such legal sanctions as are available to them without the intervention of city government. In enacting this code, the Council does not intend to interfere or permit interference with legal rights to personal privacy. (F) Section 5A.5 establishes the requirement of obtaining a Certificate of Property Maintenance. The purpose of this section is to establish, in city code, the legal underpinnings for the City’s Time of Sale Inspection Program. (1) In addition to the Time of Sale Program section 5A.5 requires property owners to individually discharge or renounce discriminatory covenants from their property at the time of sale of the property. 297 Item 18. Discriminatory covenants are restrictions filed in property records that prohibited that property from being sold to persons based on race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or familial status background. These discriminatory covenants are now illegal and are unenforceable, but they remain in property records. In 2019, the Minnesota Legislature passed Minnesota Statutes, section 507.18 allowing property owners to individually discharge or renounce discriminatory covenant by recording a discharge form in the county property records. § 5A.103 DEFINITIONS. (A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ACCESSORY STRUCTURE. A building or structure subordinate to the main or principal structure which is not authorized to be used for living or sleeping by human occupants and which is located on or partially on the premises. APARTMENT UNIT. Apartment, or apartment unit, has the same meaning as DWELLING UNIT within this code. APPROVED. An indication that an item meets construction, installation, and maintenance standards of the State of Minnesota, city code and Code Official. BASEMENT. That portion of a building which is partly or completely below grade. BATHROOM. A group of fixtures consisting of a water closet, lavatory, and bathtub or shower. Such fixtures are located together on the same floor level. BUILDING. Any structure used or intended for supporting or sheltering any use or occupancy. CITY. The City of Columbia Heights. CITY COUNCIL. The City Council, which is the governing authority of the City of Columbia Heights. CLEAN. The absence of rubbish, garbage, vermin or other unsightly, offensive or extraneous matter. CODE OFFICIAL. The official who is charged with the administration and enforcement of this code, or any duly authorized representative. CONDEMN. To adjudge unfit for occupancy. COUNCIL. Same meaning as CITY COUNCIL. Discriminatory Covenant. means any restrictive covenant filed against any property that restricts to whom property may be conveyed based on racial, ethnic, or religious criteria. DWELLING. A structure or portion thereof used, or designed to be used, rented, leased, let, or hired out to be occupied for living purposes. Does not include rooms in motels, hotels, nursing homes, trailers, tents, cabins, or trailer coaches. 298 Item 18. DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation. EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above a said lot or lots. EXIT. A continuous and unobstructed means of egress to a public way and shall include intervening doors, doorways, corridors, ramps, stairways, smoke-proof enclosures, horizontal exits, exit passageways, exit access, exit enclosures, exit discharge, exit courts and yards. EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners, or operators of such premises. EXTERMINATION. The control and elimination of insects, rodents, vermin or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods. FAMILY. An individual, or two or more persons each related by blood, marriage, adoption, or foster children, living together as a single housekeeping unit; or a group of not more than three persons not so related, maintaining a common household and using common cooking and kitchen facilities. FENCE. Any partition, structure, wall, or gate erected as a divided marker, barrier, or enclosure, and located along the boundary or within the required yard. FUNCTIONING. In such physical condition as to safely perform the service or services for which an item is designed or intended. GARBAGE. As defined in § 5.603(B). GUARD. A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level. HABITABLE SPACE. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces. HOT WATER. Water heated to a temperature of not less than 110°Fahrenheit, measured at faucet outlet. HOUSEKEEPING UNIT. A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory, and bathtub or shower. IMMINENT DANGER. A condition which could cause serious or life-threatening injury or death at any time. INFESTATION. The presence within or around a dwelling or dwelling unit of any insect, bird, rodent, vermin or other pest. KITCHEN. An area used, or designated to be used, for the preparation of food. 299 Item 18. LABELED. Devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and by whose label the manufacturer attests to compliance with applicable nationally recognized standards. LANDSCAPE. Site amenities, including trees, shrubs, ground covers, flowers, fencing, berms, retaining walls, and other outdoor finishings. LET FOR OCCUPANCY or LET. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land. MECHANICAL EQUIPMENT. A system specifically addresses and regulated in this code and composed of components, devices, appliances and equipment including, but not limited to, heating, ventilation, exhaust, air conditioning, and communication units integral to and located on top, beside, or adjacent to a building. OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied OCCUPANT. Any person (including owner or operator) living in, or having possession of a space within a building. OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors. OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy. OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. PERSON. An individual, heirs, executors, administrators or assigns, and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid. PREMISES. A lot, or parcel of land, easement or public way, including any structures thereon. PROPERTY MAINTENANCE CODE. Chapter 5A of this city code together with the International Property Maintenance Code, 2006 Edition, as amended, International Code Conference. PROPERTY MAINTENANCE ENFORCEMENT OFFICER. Agent designated by the City Manager to enforce provisions of the Property Maintenance Code. PUBLIC HALL. A hall, corridor or a passageway for providing egress from a dwelling unit to a public way and not within the exclusive control of one family. 300 Item 18. PUBLIC WAY. Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use. RENTAL. Same meaning as LET FOR OCCUPANCY or LET REPAIR. Shall mean to restore to a sound, acceptable state of operation, serviceability or appearance. Repairs shall be expected to last as long as the replacement by new items. REPLACE or REPLACEMENT. To remove an existing or portion of a system and to construct or install a new item of a quality similar to that of the existing item when it was new. Replacement ordinarily takes place when repair of the item is impractical. RETAINING WALL. A wall or structure constructed of stone, concrete, wood, or other materials, used to retain soil, as a slope transition, or edge of a planting area. RODENT HARBORAGE. A place where rodents commonly live, nest, or establish their habitat. ROOMING HOUSES. Any group of rooms which form single habitable units used or intended to be used for living and sleeping, but not for cooking or eating purposes. RUBBISH. As defined in § 5.603(B). SAFE. The condition of being free from danger and hazards which may cause accidents or disease. SCREENING. A barrier which blocks all views from public roads and differing land uses to off-street parking areas, loading areas, service and utility areas, and mechanical equipment. STORY, FIRST. The lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet below grade, as defined herein, for more than 50% of the total perimeter, or more than eight feet below grade, as defined herein, at any point. STRUCTURE. That which is built or constructed or a portion thereof. TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit. TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower. UNSAFE. A condition or a combination of conditions which are dangerous or hazardous to persons or property. UNSANITARY. Conditions which are dangerous or hazardous to the health of persons. VEHICLE or MOTOR VEHICLE. As defined in M.S. § 169.01. VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space. WATER CLOSET. A toilet, with a bowl and trap made in one piece, which is connected to the city water and sewage system or other approved water supply and sewer system. 301 Item 18. WORKMANLIKE. Executed in a skilled and professional manner including obtaining all necessary city/state permits, inspections, approvals of the authority having jurisdiction, adherence to all applicable codes, installation to manufacturer's specifications, the use of proper materials for designed purposes, installation to current architectural or engineering standards, surfaces (material, color, texture) to conform to current surrounding areas, and all work shall be generally plumb, level, square, in line, undamaged and without marring adjacent work. YARD. An open space on the same lot with a structure. (B) Whenever the words DWELLING UNIT, DWELLING, PREMISES, BUILDING, ROOMING HOUSE, ROOMING UNIT, HOUSEKEEPING UNIT, STRUCTURE, or STORY are stated in this code, they shall be construed as though they were followed by the words "or any part thereof." (C) Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular. (D) Where terms are not defined in this code and are defined in the Minnesota State Building Code, Minnesota State Fire Code, or city code, such terms shall have the meanings ascribed to them as in those codes. (E) Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. § 5A.501 CERTIFICATE OF PROPERTY MAINTENANCE REQUIRED. (A) Sale of property. (1) No person shall sell, purchase, give, transfer, convey by contract for deed or other transaction changing the party responsible for the property or transact a change in title or property ownership of any class of residential property with one or more buildings or structures without first obtaining a certificate of property maintenance from the city. Transfers of ownership from one family member to another, foreclosures, and the sale of bank owned properties are not exempt from the requirement of obtaining a certificate of property maintenance. This chapter also applies to the sale of a Dwelling or Dwelling Unit by a personal representative or guardian appointed by a probate court or a sale ordered by a probate court. (2) If a property changes ownership without a certificate of property maintenance or temporary certificate of property maintenance having been issued by the city, the new owner(s) shall be responsible for doing so upon acquisition of the property. The new owner(s) shall be responsible for promptly obtaining a certificate of property maintenance from the city. (B) Exceptions. The provisions in section A do not apply to: (1) Any newly constructed Dwelling or Dwelling Unit when title is transferred to the first owner. (2) The sale or conveyance or other transfer of title or control of any Dwelling or Dwelling Unit to a public body. 302 Item 18. (3) The sale or conveyance of any Dwelling or Dwelling Unit by a sheriff, constable, marshal, trustee in bankruptcy, or other public or court officer in the performance of their official duties. (4) The sale or transfer of title of any Dwelling or Dwelling Unit for the purpose of demolition, provided such demolition actually occurs within three hundred sixty-five (365) days of the close of the qualifying sale. (5) Properties owned or sold by the Department of Housing and Urban Development. (6) The sale of multifamily properties with (4) or more dwelling units on the parcel. (C) Application. (1) Required. The owner or owner's representative is required to make application for a certificate of property maintenance before any class of residential property is offered for sale or purchase, gifted, transferred, conveyed by contract for deed or other transaction changing the party responsible for the property or transacting a change in title or property ownership of the property. (2) Fee. At the time of application, the applicant for a certificate of property maintenance must pay the property maintenance inspection fee appropriate for the type of building the request is for as set forth in the city's fee schedule. (D) Inspection. (1) Application. The applicant for a certificate of property maintenance is responsible for requesting an inspection of the property after making application and payment of fees. An inspection shall be made by the city to determine whether the property use is legal in accordance with city zoning requirements and whether the property complies with all applicable building, fire, health, and property maintenance codes. The entire property and all buildings on the property shall be made available for inspection. (2) Sewer line Inspection. The applicant is responsible for engaging a qualified contractor to inspect and televise the property's sewer line, extending from the house to the sewer main. This inspection aims to identify and document any issues or threats to the integrity of the sewer line. The contracted inspection must be thorough and cover the entire length of the sewer line. The contractor is required to submit a written verification of the inspection results to both the city and the applicant within one week of completing the inspection. The inspection report must address, at a minimum, the following aspects: Structural Integrity: Assess the overall structural condition of the sewer line. Obstructions: Identify and report any blockages, root intrusions, or other impediments. Leakage: Detect and document any signs of leakage or seepage. Connection Points: Inspect and verify the integrity of the sewer line at key connection points, such as junctions and cleanouts. Compliance: Confirm compliance with relevant codes and regulations. (E) Compliance; expiration. 303 Item 18. (1) No certificate of property maintenance shall be issued if a property has an outstanding discriminatory covenant. The owner is responsible for removing all discriminatory covenants before they may be issued a Certificate of Property Maintenance or a Temporary Certificate of Property Maintenance (12) When the property use is legal in accordance with city zoning requirements and the property complies with all applicable building, fire, health and property maintenance codes, a certificate of property maintenance will be issued by the city. (23) A certificate of property maintenance remains valid and may be used for the transfer of property for a period of one year from the date of the certificate's issuance. The certificate of property maintenance may only be used for property transfer by the owner named on the certificate of property maintenance or the owner's legal representative. (F) Temporary certificate of property maintenance. A temporary certificate of property maintenance may be issued by the city permitting the transfer of property, providing: (1) No unsafe or hazardous conditions exist on such property. (2) An agreement by the buyer, seller or other responsible person has been executed with the city, whereby the buyer, seller or other responsible person agrees to complete corrections to the property. (3) A financial guarantee in the form of a cash escrow to ensure completion of any corrections to the property is posted with an attorney or title company. The cash escrow shall be in an amount at least equal to the retail value of the work as determined by the city to be necessary for compliance with this section and no less than $500.00. Escrows in excess of $10,000.00 may be reduced and partially released one time per property based on the amount of work completed as determined by a city inspector. Escrows in excess of $50,000.00 may be reduced and partially released up to two times per property based on the amount of work completed as determined by a city inspector. The applicant shall be responsible for additional inspection fees. (G) Violations. All violations of this section must be corrected in a timely manner as determined by the city. 304 Item 18. Section 2 This ordinance shall be in full force and effective from and after 30 days after its passage. First Reading: Offered by: Seconded by: Roll Call: Second Reading: Offered by: Seconded by: Roll Call: Date of Passage: ______________________________________ Amáda Márquez Simula, Mayor Attest: ___________________________________ Sara Ion, City Clerk/Council Secretary 305 Item 18.