Loading...
HomeMy WebLinkAbout02-10-2025 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, February 10, 2025 6:00 PM AMENDED AGENDA AGENDA AMENDED ON 2/10/2025 TO ADD ITEM 10 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 297 288 416 316, Passcode 6BH9cy6q. 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 here to actively support the community, deliver equitable services, build and strengthen connections, improve upon our past, and uphold our successes. We strive to be better and ensure Columbia Heights is a great place for everyone, today and in the future. PLEDGE OF ALLEGIANCE "I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all." APPROVAL OF AGENDA (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.) ITEM FOR CONSIDERATION Continuation of Consideration of 2025 Concrete Alley Construction, Project 2506. 1. Consideration of Resolution 2025-017, Ordering Improvements For 2025 Concrete Alley Construction, Project 2506. MOTION: Move to waive the reading of Resolution 2025-017, there being ample copies available for the public. MOTION: Move to adopt Resolution 2025-017, being a resolution ordering improvements and preparation of plans for 2025 Concrete Alley Construction, City Project 2506. 1 City of Columbia Heights AGENDA February 10, 2025 City Council Meeting Page 2 COMMUNITY FORUM The Community Forum is the public’s opportunity to address the Council regarding any matter that is not scheduled for a public hearing later in the meeting. Speakers that are in-person are asked to complete a Speaker Form and submit it to the City Clerk. Once called to the podium, the speaker should state their name and connection to Columbia Heights. Speakers attending virtually should send a request to speak as well as their address and connection to Columbia Heights to the moderator using the chat function and wait to be called on to speak. When speaking, virtual attendees should turn their camera on. All speakers should limit their comments to five (5) minutes. Personal attacks, threats, the use of profanity, and other disrespectful comments are prohibited. The City Council will listen to the public comments, ask clarifying questions, and if needed, request staff to follow up or direct the matter to be added to an upcoming agenda. Generally, the City Council will not take official action on items raised at the Community Forum at the meeting on which they are raised. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Introduction of New Assistant Fire Chief Brad Roddy. B. Demonstration by Fire Department of New Life Safety Equipment. CONSENT AGENDA These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business. (The City Council will make motion to approve the Consent Agenda following the statement of all items.) 1. Approve January 27, 2025 Special City Council Meeting Minutes. MOTION: Move to approve the January 27, 2025 Special City Council meeting minutes. 2. Approve January 27, 2025 City Council Meeting Minutes. MOTION: Move to approve the January 27, 2025 City Council meeting minutes. 3. Approve February 3, 2025 City Council Work Session Meeting Minutes. MOTION: Move to approve the February 3, 2025 City Council Work Session meeting minutes. 4. Accept January 6, 2025, Regular EDA Meeting Minutes. MOTION: Move to accept the January 6, 2025 EDA meeting minutes. 2 City of Columbia Heights AGENDA February 10, 2025 City Council Meeting Page 3 5. Accept January 7, 2025 Planning Commission Meeting Minutes. MOTION: Move to accept the January 7, 2025 Planning Commission meeting minutes. 6. Accept January 8, 2025 Library Board Minutes. MOTION: Move to accept the January 8, 2025 Library Board meeting minutes. 7. Accept January 22, 2024 Regular HRA Meeting Minutes. MOTION: Move to accept the January 22, 2024 Regular HRA meeting minutes. 8. Change in Police Department Organizational Structure. MOTION: Move to approve a change in the police department organizational structure to add the position of Deputy Police Chief. 9. Allocate Use of Funds and Authorize Expenditures Using 2023 Public Safety Aid. MOTION: Move to allocate 2023 Public Safety Aid funds in the amount of $72,000 for t he expenses as listed in the Summary of Current Status section. MOTION: Move to authorize the purchases as outlined in the Summary of Current Status section. 10. Second Reading of Ordinance 1710, an Ordinance Amending Chapter 5A Property Maintenance Code, to Include the Removal of Discriminatory Covenants. MOTION: Move to waive the reading of Ordinance No. 1710, there being ample copies available to the public. MOTION: Move to approve Ordinance 1710, being an ordinance to amend Chapter 5A Property Maintenance Code and direct staff to send the summary ordinance for publication in the legal newspaper. 11. Consideration of a Rental License Exemption Extension for 4302 2nd Street NE. MOTION: Move to waive the reading of Resolution 2025-024, there being ample copies available to the public. MOTION: Move to approve Resolution 2025-024, a resolution approving the single-family rental exemption request for the rental application at 4302 2nd Street NE, Columbia Heights, MN 55421. 12. Rental Occupancy Licenses for Approval. MOTION: Move to approve the items listed for rental housing license applications for February 10, 2025, in that they have met the requirements of the Property Maintenance Code. 13. License Agenda. MOTION: Move to approve the items as listed on the business license agenda for February 10, 2025, as presented. 14. Review of Bills. MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8 the City 3 City of Columbia Heights AGENDA February 10, 2025 City Council Meeting Page 4 Council has reviewed the enclosed list to claims paid by check and by electronic funds transfer in the amount of $1,248,790.77. 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 15. First Reading of Ordinance No. 1711, an Ordinance to Amend Chapter 9 - Land Use: 9.101 Purpose, 9.103 Definitions, 9.106 General Development Standards, 9.107 Specific Development Standards, 9.109 Residential Districts, 9.110 Commercial Districts, 9.111 Industrial Districts, 9.113 Planned Unit Development Districts, 9.114 Overlay Districts, and 9.115 Public and Open Space Districts. MOTION: Move to waive the reading of Ordinance No. 1711, there being ample copies available to the public. MOTION: Move to set the second reading of Ordinance 1711, being an ordinance to amend Chapter 9 - Land Use: 9.101 Purpose, 9.103 Definitions, 9.106 General Development Standards, 9.107 Specific Development Standards, 9.109 Residential Districts, 9.110 Commercial Districts, 9.111 Industrial Districts, 9.113 Planned Unit Development Districts, 9.114 Overlay Districts, and 9.115 Public and Open Space Districts., in the City of Columbia Heights for January 27, 2025 at approximately 6:00pm. 16. Resolution 2025-083 Updating the Delegation of Purchasing to the City Manager. MOTION: Move to waive the reading of Resolution 2025-083, there being ample copies available to the public. MOTION: Move to adopt Resolution 2025-083, being a resolution updating the delegation of purchasing to the City Manager. Bid Considerations, New Business and Reports. No Bid Considerations, New Business or Reports. CITY COUNCIL AND ADMINISTRATIVE REPORTS Report of the City Council 4 City of Columbia Heights AGENDA February 10, 2025 City Council Meeting Page 5 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 ITEM: Consideration of Resolution 2025-017, Ordering Improvements For 2025 Concrete Alley Construction, Project 2506. DEPARTMENT: Public Works BY/DATE: City Engineer / February 5, 2025 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) _Healthy and Safe Community _Equitable, Diverse, Inclusive, and Friendly _Trusted and Engaged Leadership _Thriving and Vibrant Destination Community X Strong Infrastructure and Public Services _Sustainable BACKGROUND The Public Hearing was opened and closed by the Council on January 27. The item was then continued to February 10th to allow additional time to discuss the proposed improvements at the February 3rd work session. The City Council accepted the Feasibility Report and ordered an Improvement Hearing for January 27, 2025 at their meeting of December 9, 2024. The following bituminous alleys are proposed to be reconstructed with concrete: 1. Heights Drive to Stinson Boulevard, 45th Avenue to Heights Drive, 2. 5th Street to 6th Street, 47th Avenue to 48th Avenue, 3. Tyler Street to Polk Street, 41st Avenue to 42nd Avenue, 4. Jackson Street to Van Buren Street, 42nd Avenue to 43rd Avenue, 5. University Avenue Service Road to 4th Street, 49th Avenue to 50th Avenue, and 6. Reservoir Boulevard to Tyler Street, 37th Avenue to 39th Avenue Staff held an Informational Meeting for the proposed project on January 23, 2025 at City Hall starting at 6:00 p.m. SUMMARY OF CURRENT STATUS Distributed at the December 9, 2024 regular City Council meeting was the Feasibility Report that details the scope of work and estimated costs for the alleys.  Proposed Construction The alleys will be 11 - 12’ wide and constructed with concrete. Small areas of bituminous or concrete driveways and turf area adjacent to the alleys will be reconstructed to match the new alley grades.  Utilities CITY COUNCIL MEETING AGENDA SECTION ITEM FOR CONSIDERATION MEETING DATE FEBRUARY 10, 2025 6 Item 1. City of Columbia Heights - Council Letter Page 2 Other than possible improvements to existing storm sewer catch basin slabs and castings, no other utility work is anticipated as part of the project .  Financing: Concrete Alley Construction The estimated project costs are as follows: o Concrete alley construction $1,3000,000 Project funding is proposed as follows: o Assessments $677,650 o Infrastructure (Construction) $597,350 o Storm Sewer Fund $25,000 o Infrastructure Fund (Engineering and Admin) $130,000 The funding reflects a flat fee of 10% of the construction cost included in the above amounts for a portion of the Engineering and Administration costs.  Active Past Assessments: Properties on Reservoir Boulevard, Tyler Street, and 37 th Avenue from 37th Avenue to 39th Avenue had a street assessment for full reconstruction on 37th Avenue in 2023. Properties on 6th Street from 47th Avenue to 48th Avenue had a street assessment for mill and overlay on 6th Street in 2021. Properties on 4th Street from 49th Avenue to 50th Avenue had a street assessment for partial street reconstruction on 4th Street in 2021. Properties on Tyler Street, Polk Street, and 41st Avenue from 41st Avenue to 42nd Avenue had a street assessment for mill and overlay on 41st Avenue in 2016. The proposed assessments for residential and commercial properties are shown below: Location Type of Rehabilitation Proposed Assessment Alley Concrete Construction $4,365.67 (residential) Alley Concrete Construction $9,701.49 (commercial) STAFF RECOMMENDATION Staff recommends approval of Resolution 2025-17. 7 Item 1. City of Columbia Heights - Council Letter Page 3 RECOMMENDED MOTION(S): MOTION: Move to waive the reading of Resolution 2025-017, there being ample copies available for the public. MOTION: Move to adopt Resolution 2025-017, being a resolution ordering improvements and preparation of plans for 2025 Concrete Alley Construction, City Project 2506. ATTACHMENT(S): Resolution 2025-017 Informational Meeting Agenda Informational Meeting Attendance List Assessment Rates Assessment Maps Public Improvement Hearing Notice 8 Item 1. RESOLUTION NO. 2025-017 A resolution of the City Council for the City of Columbia Heights, Minnesota, Whereas, Resolution 2024-97 of the Columbia Heights City Council adopted the 9th day of December, 2024, fixed a date for a Council hearing on the proposed improvement of the alleys located from Heights Drive to Stinson Boulevard between 45th Avenue and Heights Drive, 5th Street to 6th Street between 47th Avenue and 48th Avenue, Tyler Street to Polk Street between 41st Avenue and 42nd Avenue, Jackson Street to Van Buren Street between 42nd Avenue and 43rd Avenue, University Avenue Service Road to 4th Street between 49th Avenue and 50th Avenue, and Reservoir Boulevard to Tyler Street between 37th Avenue and 39th Avenue, and Whereas, ten days’ mailed notice and two published notices of the hearing a week apart were given, and the hearing was held thereon the 27th day of January, 2025, at which time all persons desiring to be heard were given an opportunity to be heard thereon, and Whereas, the Public Hearing was continued to February Whereas, the Council determines to proceed with this local improvement, a portion of the cost being d efrayed by special assessments under Charter provisions, 2506 CONCRETE ALLEY CONSTRUCTION Heights Drive to Stinson Boulevard, 45th Avenue to Heights Drive 5th Street to 6th Street, 47th Avenue to 48th Avenue Tyler Street to Polk Street, 41st Avenue to 42nd Avenue Jackson Street to Van Buren Street, 42nd Avenue to 43rd Avenue University Avenue Service Road to 4th Street, 49th Avenue to 50th Avenue Reservoir Boulevard to Tyler Street, 37th Avenue to 39th Avenue The proposed width remains approximately the same. Work includes removal of existing materials as needed, new granular subbase if needed, 6” of new aggregate base, 8” of new concrete surfacing, and restoration of adjacent concrete, bituminous and turf surfaces. Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT Such improvement is necessary, cost-effective and feasible as detailed in the Feasibility Report. Such improvement is hereby ordered as proposed in the Council Resolution adopted the 9th day of December, 2024. These improvements shall also be known as Project No. 2506, PIRs: 2025-AL-06-001 and 2025-AL-06-002. The City Engineer, Kevin Hansen, is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 9 Item 1. ORDER OF COUNCIL Passed this 10th day of February, 2025 Offered by: Seconded by: Roll Call: Amada Marquez Simula, Mayor Attest: Sara Ion, City Clerk/Council Secretary 10 Item 1. CITY OF COLUMBIA HEIGHTS INFORMATIONAL MEETING Concrete Alley Construction City Council Chambers Thursday, January 23, 2025 - 6:00 p.m. A G E N D A  6:00 – 6:30 Staff Presentation  Introductions, Sign-in  City-wide Street Rehab Program  Background o Large Investment in Infrastructure  Evaluation performed o Visual survey (condition) o Existing structure  Goal: Doing right thing at the right time  Alley Engineering Report (available by request)  Scope of Work o Alleys  Remove bituminous surface and underlying materials  Install 6” Class 5 Aggregate  Construct 8” Concrete Alley  Inverse Crown  Restore Driveways and Turf o Limited Access during construction o Utilities  Estimated Costs (final based upon actual)  Funding (Cost Share)  Assessment Methodology  Unit Rate Basis (per parcel)  Improvement Process and Schedule  Informational Meeting (1/23/25)  Improvement Hearing (1/27/25)  Final Plans & Bidding (2/24/25)  Pre-Construction Meeting (5/5/25)  Construction (5/12/25 – 9/30/25)  Assessment Hearing (10/6/25) o Assessment will appear on Property Tax Statement  General Questions/Citizen Comments 11 Item 1. 12 Item 1. ESTIMATED COSTS: CONSTRUCTION $1,300,000.00 ENGINEERING AND ADMINISTRATION $130,000.00 -------------------- TOTAL PROJECT COST $1,430,000.00 ASSESSMENT: 6.4 PARCELS AT C, I, MF RATE (COMMERCIAL, INDUSTRIAL, MULTI-FAMILY) 141 PARCELS AT RESIDENTIAL RATE ASSESSMENT RATE: $1,430,000.00 ----------------------=$9,701.49 / PARCEL 147.40 ESTIMATED COST SHARING: TOTAL PROJECT COST $1,430,000.00 CITY SHARE -$752,350.75-------------------- ASSESSED COST $677,649.25 PROPOSED ASSESSMENT RATES: C, I, MF $62,089.55 ALLEY -------------------=$9,701.49 / PARCEL 6.40 RESIDENTIAL $615,559.70 ALLEY -------------------=$4,365.67 / PARCEL 141.00 JACKSON STREET TO VAN BUREN STREET, 42ND AVENUE TO 43RD AVENUE RESERVOIR BOULEVARD TO TYLER STREET, 37TH AVENUE TO 39TH AVENUE 5TH STREET TO 6TH STREET, 47TH AVENUE TO 48TH AVENUE TYLER STREET TO POLK STREET, 41ST AVENUE TO 42ND AVENUE 2025 ALLEY RECONSTRUCTION PROJECTS CONCRETE ALLEY RECONSTRUCTION P.I.R. 2025-AL-06-001 COLUMBIA HEIGHTS PROJECT 2506 HEIGHTS DRIVE TO STINSON BOULEVARD, 45TH AVENUE TO HEIGHTS DRIVE P.I.R. 2025-AL-06-002 UNIVERSITY AVENUE SERVICE ROAD TO 4TH STREET, 49TH AVENUE TO 50TH AVENUE 1/21/2025 2506 Alley Imp Hrg Display 13 Item 1. 14 Item 1. 15 Item 1. 16 Item 1. 17 Item 1. 18 Item 1. 19 Item 1. 1 CITY OF COLUMBIA HEIGHTS NOTICE FOR PUBLIC IMPROVEMENT HEARING Notice is hereby given that the City Council of Columbia Heights has determined the following Public Improvement Hearing be held on Monday, January 27, 2025 at 6:00 p.m. in the City Council Chambers, 3989 Central Avenue NE, to consider the 2025 ALLEY REHABILITATION PROGRAM: CITY PROJECT 2506. ATTENDANCE INFORMATION FOR THE PUBLIC Members of the public who wish to attend may do so in-person, or by using Microsoft Teams Meeting at columbiaheightsmn.gov/joinameeting: ID 251 010 148 292, Passcode Xx3f4zd6. For questions, please call the Public Works Department at 763-706-3700. CONCRETE ALLEY CONSTRUCTION P.I.R. 2025-AL-06-001 P.I.R. 2025-AL-06-002 The proposed width remains approximately the same. Work includes removal of existing materials as needed, storm sewer extension as needed, new granular subbase if needed, 6” of new aggregate base, 8” of new concrete surfacing, and restoration of adjacent concrete, bituminous and turf surfaces in the following generally described area: Heights Drive to Stinson Boulevard, 45th Avenue to Heights Drive 5th Street to 6th Street, 47th Avenue to 48th Avenue Tyler Street to Polk Street, 41st Avenue to 42nd Avenue Jackson Street to Van Buren Street, 42nd Avenue to 43rd Avenue University Avenue Service Road to 4th Street, 49th Avenue to 50th Avenue Reservoir Boulevard to Tyler Street, 37th Avenue to 39th Avenue Estimated Cost of Improvements (not including utilities): $1,430,000.00 Estimated Assessments for above improvements: $ 677,649.25 Parcels Proposed to be Assessed or Impacted: 25-30-24-44-0059-0079, 0082, 0103; 26-30-24-24-0099-0117, 0195; 26-30-24-31-0138, 0140-0159, 0184, 0185; 35-30-24-14-0051-0071; 36-30-24-13-0062, 0064-0069, 0071, 0073-0075, 0077, 0079-0081, 0110, 0111; 36-30-24-33-0024-0042, 0072-0093 Said improvements are to be considered pursuant to Minnesota Statutes, Chapters 429, 444 and 469. The improvements are to be specially assessed on an area or frontage basis, o r combination thereof, against abutting and non-abutting properties, and tributary to said improvements or served by said improvements. The parcels, as specifically described herein, are subject to said special assessments. The parcel numbers listed above represent Property ID numbers. To find your Property ID number, check your real estate tax statement. The full public hearing notice is available on the City website and has been mailed to affected property owners. Persons desiring to be heard with reference to the proposed improvements will be heard at said time and place of the public hearing. Written or oral objections will be considered at the public hearing. AARON CHIRPICH, CITY MANAGER Published in “LIFE” on 01/10/2025 and 01/17/2025 20 Item 1. SPECIAL CITY COUNCIL MEETING - PUBLIC IMPROVEMENT HEARING 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 6:00 PM MINUTES The following are the minutes for the Meeting of the City Council held at 6:00 pm on Monday, January 27, 2025, in the City Council Chambers, City Hall, 3989 Central Avenue NE, Columbia Heights, Minnesota. This meeting was held both virtually and in-person. WELCOME/CALL TO ORDER/ROLL CALL Mayor Marquez Simula called the meeting to order at 6:02 pm. Present: Mayor Marquez Simula; Councilmember Buesgens; Councilmember James; Councilmember Deneen Absent: Councilmember Spriggs Also Present: Aaron Chirpich, City Manager; Kevin Hansen, Public Works Director/City Engineer; Sulmaan Khan, Assistant City Engineer; Barb Thomas, Public Works PUBLIC HEARINGS 1. Public Hearing: Improvements For 2025 Concrete Alley Construction, Project 2506. Assistant Engineer Khan presented information regarding the proposed 2025 concrete alley reconstruction project. There are a total of six alleys proposed to be reconstructed throughout the City. The alleys will be reconstructed from bituminous to concrete. The proposed alleys were selected based on both visual assessments by Engineering staff as well as by considering feedback and information from the City’s streets maintenance crew to understand which alleys the crews are spending a considerable amount of time for patching and other maintenance activities. The alley reconstruction project is proposed to be assessed to benefiting properties. According to the City’s special assessment policy, the City assesses actual construction costs plus 10% for engineering and administration. The City subsidizes the assessment for single family and duplexes. There is no subsidy for commercial, industrial, and multi-family properties. There was an informational meeting held on January 23rd by Engineering staff. This meeting was to provide information on the City’s street rehabilitation program, the scope of the 21 Item 1. City of Columbia Heights MINUTES January 27, 2025 Special City Council Meeting - Public Improvement Hearing Page 2 alley reconstruction project, the City’s assessment methodology, the anticipated project schedule, and to answer questions that were brought up by those in attendance. Assistant Engineer Khan opened the floor to the Council for any questions about the project. Councilmember James asked about four corner properties by the alley from Tyler to Polk, from 41st to 42nd which do not abut the alley and if they are a part of the alley assessment. Assistant Engineer Khan clarified that those properties are not a part of the proposed assessment roll. Director Hansen provided information about the City’s street rehabilitation program and how alley rehabilitation fits into this. Alleys have typically been worked on during off years off the street rehabilitation program. When the street rehabilitation program was adopted by the City back in 1996, what was also adopted was the construction type for alleys which was reconstruction of bituminous alleys to concrete. 2025 is the second year of a two year program that the Council is considering for alley rehab. Because the City’s rehabilitation program does not include alleys in 2026 and because alleys are not currently in the CIP yet for the next time they will be reconstructed, we don’t know when we will be able to come back to do them if the 2025 alley project does not move forward. Councilmember Buesgens mentioned that the City was initially planning to reconstruct 10 alleys in 2024 and 2025 and we are now proposing to do 11 alleys in total. Is this because of savings or because of how bids came out? Director Hansen responded that there was a little bit of savings the way bids came out for the previous year’s alley project that we are able to apply to get an additional alley done this year. Councilmember Buesgens then asked about the lifecycle of a concrete alley compared to a bituminous alley. Director Hansen mentioned that if alleys have regular maintenance done, they can last 60 -80 years but maintenance costs for a bituminous alley are more than for a concrete alley over the life of the pavement. Mayor Marquez Simula asked how Public Works interacts with these alleys. Director Hansen mentioned that Public Works maintains all alleys and the maintenance becomes more difficult over time. Mayor Marquez Simula opened the public hearing. Andrew Myers addressed his concerns about the high cost per household for the assessment, the short timeline that was provided by the City to allow for property owners and businesses to prepare financially for the assessment, and the unequitable approach to only assess abutting properties instead of having a citywide fund that property owners pay into which has been an idea floated by the Mayor. Bethany Waldron shared her concerns with the high cost for the assessment which has the possibility of closing her business (Columbia Market). She would like the project to be 22 Item 1. City of Columbia Heights MINUTES January 27, 2025 Special City Council Meeting - Public Improvement Hearing Page 3 delayed to allow for more time to save up. Interest is forbidden in her religion so paying upfront before interest is applied is how she would like to make the assessment paymen t. Doing this will be difficult. She does not feel that delaying construction on the alley will be a concern since it is not a public street and most people do not have to drive down an alley and it is not a major necessity. Laura Brunes feels that more time is needed for property owners to prepare for paying an assessment considering they are dealing with property taxes and electric bills that have gone up. Laura asked questions about the warranty period for an alley after construction and also who will be paying to maintain the alley after it is constructed. Billie Kurek asked for clarification on who is responsible for repairing her water stop box that is located in the alley if it is damaged during construction. She also asked if residents will be notified who the contractor is if residents would like to get additional concrete work done on their private property. Lisa Mastel was curious if it means that her alley will not get repaired if the reconstruction is not done. Is the plan for the project to be all or nothing, or if one alley is not done then will all six alley not be done? Rick Bergquist asked how the cost sharing worked. He was under the impression that properties get assessed based on a per foot basis for the parcel instead of every residential property getting assessed the exact same amount per parcel. Bethany Waldron had additional comments on the multi-family properties having to pay the higher assessment rate. She mentions that this cost will have to passed onto the tenants and rents will be raised which will hurt the tenants. Director Hansen answered the questions asked. He mentioned that according to the City’s assessment policy, we no longer assess by front foot but instead by single family parcel. Director Hansen mentioned that the recommendation is to move forward with reconstructing all six alley and if one or all the alleys are pulled from the project, we do not know when the City will be back doing alleys again. For patching of the alleys, two of the alleys being discussed are being proposed for the project because of feedback from City patching crews about the repetitiveness of the patch work that is needed to maintain the alleys. For warranty, most construction projects have a one year warranty from the contractor after construction is done but the City then maintains the alley after that and addresses any defects that may arise. The City will notify residents of the concrete contractor if they would like to get any additional work done on their private property. For parking, all vehicles would need to be moved out to the street during alley construction. In regards to interest rates, the Council sets this at a later hearing during the assessment hearing. The basis of the interest rate is what the City would be bonding for. Construction costs do not get cheaper the longer it is delayed. Costs typically go up about 5% every year. Director Hansen explained options for paying assessments without interest and ho w it would work if assessment costs are applied to property taxes over a 10 year payoff period. 23 Item 1. City of Columbia Heights MINUTES January 27, 2025 Special City Council Meeting - Public Improvement Hearing Page 4 For curb stops, the City will go out and test it prior to construction to verify that it works. If it is working and is damaged during construction, it would be the City and contractor’s responsibility to repair. If the curb stop is not working prior to construction, the property owner is then responsible for any repairs. Motion by Councilmember Deneen, seconded by Councilmember Buesgens to close the public hearing. All Ayes, 1 Absent, Motion Carried 4-0. Mayor Marquez Simula requested to table the Council’s vote and continue discussion at the February work session. She would like to ensure that the missing Councilmember has the opportunity to review comments and feedback received and also be included in the Council’s vote for the project. City Attorney clarified that even though the public hearing has been closed, it does not need to be reopened to continue deliberation or to collect feedback from citizens that can be used in the decision making process. Motion by Councilmember James, seconded by Councilmember Deneen to move for continuation of the public hearing of the alley project to February 10 th at 6:00pm in City Council Chambers. All Ayes, 1 Absent, Motion Carried 4-0. ADJOURNMENT Motion by Councilmember Deneen, seconded by Councilmember James to adjourn the meeting. All Ayes, 1 Absent, Motion Carried 4-0. Meeting adjourned at 6:56 pm. Respectfully Submitted, Sulmaan Khan, Assistant City Engineer 24 Item 1. CITY COUNCIL MEETING Mayor Amáda Márquez Simula Councilmembers Connie Buesgens Kt Jacobs Rachel James Justice Spriggs City Manager Aaron Chirpich City Hall—Council Chambers, 3989 Central Ave NE Monday, January 27, 2025 6:30 PM MINUTES The following are the minutes for the Meeting of the City Council held on Monday, January 27, 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 7:10 pm. Present: Mayor Márquez Simula; Councilmember Buesgens; Councilmember Deneen; Councilmember James Absent Councilmember Spriggs Also Present: Aaron Chirpich, City Manager; Mitchell Forney, Community Development Director; Sara Ion, City Clerk; Scott Lepak, City Attorney; Michael Corey, Mapping Prejudice Project Representative; Rebecca Gillette, Mapping Prejudice Project Representative; Wilton Howard, City resident; Kiki Latham, City resident; Amelia Palacios, Mapping Prejudice Project Representative; Gabriella Walker, City resident MISSION STATEMENT Columbia Heights is a vibrant, healthy and connected City. We are here to actively support the community, deliver equitable services, build and strengthen connections, improve upon our past, and uphold our successes. We strive to be better and ensure Columbia Heights is a great place for everyone, today and in the future. PLEDGE OF ALLEGIANCE 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 James, seconded by Councilmember Deneen, to approve the Agenda as presented. All Ayes, Motion Carried 4-0. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Black History Month Proclamation. Singing Black National Anthem: Kiki Latham Receiving Proclamation: Wilton Howard & Gabriella Walker. 25 Item 2. City of Columbia Heights MINUTES January 27, 2025 City Council Meeting Page 2 Mayor Márquez Simula proclaimed February 2025 as Black History Month and read the City’s proclamation. City resident Kiki Latham sang the Black National Anthem. City residents Wilton Howard and Gabriella Walker received the proclamation. 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 Mayor Márquez Simula proclaimed February 13, 2025, as Racial Covenant Awareness and Action Day and read the City’s proclamation. Mapping Prejudice Project Representatives Michael Corey, Rebecca Gillette, and Amelia Palacios received the proclamation. Mr. Corey explained that mapping prejudice began in 2016 at the University of Minnesota libraries. A group of geographers, historians, and journalists began the work to understand the scope of racial covenants in the Twin Cities. A covenant is a provision on a property sale that limits the buyer's use of the property. A covenant often runs with the land which means that the covenant applies to future buyers. Not all restricted covenants are racial covenants. Mr. Corey shared an example of where a racial covenant would be seen in Columbia Heights. He highlighted the Sheffield Acres subdivision which has a racial covenant that reads “no person or persons other than of the Caucasian race shall be permitted to occupy said premises or any part thereof.” He mentioned that most racial covenants target black property ownership, but all races are mentioned through racial covenants. A.C. Kavli an d his wife Mary Kavli were responsible for many of the racial covenants in the Anoka County area. Mr. Corey noted that they have identified about 1,800 covenants on properties in Anoka County. The work of mapping out covenants in Anoka County is complete, except for properties that are on un-platted land. He showed a graphic of the covenants that have been found in Columbia Heights and noted they found 210 covenanted properties in the City with a majority of them being from the 1940s. Mr. Corey stated he grew up in a home in Wisconsin that had a racial covenant on it. He added that entire neighborhoods typically have racial covenants placed on them, which is why today there are still many neighborhoods of only white people. He explained that the Twin Cities has one of the most comprehensive maps in the nation. The Twin Cities has one of the largest gaps in homeownership between white families (75%) and black families 26 Item 2. City of Columbia Heights MINUTES January 27, 2025 City Council Meeting Page 3 (33%). Research has found that in the Twin Cities, covenanted homes are worth 15% more than non-covenanted homes. Redlined homes are worth 25% less than the median value. Mr. Corey emphasized that racism happened in the north just as it did in the south. He explained that a very overt racial prejudice existed in the Twin Cities. Racial covenants are only a function of the ecosystem of segregation. Cities in the United States experimented with racial zoning. The courts ruled that unconstitutional so the racial covenants became beyond the reach of the courts. Redlining was also used to segregate. After 1968 a lot of the overt discrimination went away but there was still an ongoing cycle of zoning rules that have a long afterlife which has caused more implicit segregation. Mr. Corey showed a picture of the black population in Minneapolis and St. Paul in 1940 and illustrated that because of racial covenants, redlining, and violence, black people were only allowed to live in a couple of neighborhoods in the Twin Cities. The freeways were developed in the late 1950s and managed to find every single black neighborhood in the Twin Cities and displace people. Because of 35W, over 24,000 people were displaced in Minneapolis. There were many white people who were displaced, but they were able to move to the suburbs. For people of color, they were forced to move deeper into the neighborhoods because racial covenants would not allow them to move into the suburbs. He explained that it is decades of segregation. Mr. Corey explained how to find the covenants. Many of the covenants are on pr operty records from the 1960s but have not been digitized until a few years ago. Once records are digitized, they are available to see. He mentioned that they use Optical Character Recognition (OCR) technology to go through the records. There is a community of volunteer map makers who go through the records of potential homes with covenants confirm if there is a convent on it or not and transcribe the information that is needed. Mr. Corey mentioned that the volunteers have taught them that the conversations they are having and the work they are doing are powerful. The process is the product. They are not only trying to map out covenants, but they are trying to facilitate conversations on race. Mr. Corey explained that the ways people can help include helping research racial covenants. In addition, he encouraged government institutions to be honest about the role they have had in historically racist practices. People of color have been discussing the issue for decades. Any progress that has been made is because of the work that the NAACP and people of color have done before. He added that we need to take guidance from the people who have been living with this for a long time and have been talking about it. He mentioned that people can discharge the covenant on their property which is a process where a document is added to the pile that mentions that there was a racial covenant on the home. It is a symbolic action for people to say that it is illegal to have the racial covenant on the home, it is unenforceable, and that they do not agree with it. Mr. Corey noted that the City is considering making it a mandate to discharge covenants on properties. He mentioned that it is inspiring to see the City want to take a step to be a 27 Item 2. City of Columbia Heights MINUTES January 27, 2025 City Council Meeting Page 4 more welcoming community. He shared that he believes the discharge process should be voluntary because it ensures that the actions come from a place of genuine commitment to racial justice. Mandatory discharge could add a significant burden on local custodians of public property records. It also can complicate the work of expanding the map in communities that are less inclined to participate. He asked the City to consider his perspective as they decide what to do moving forward. Mayor Márquez Simula expressed her gratitude for Mr. Corey explaining that people of color have been discussing the issue for many decades. She added that many people in government are white people so she was grateful to have him come in to speak. Councilmember Deneen mentioned she became aware of covenants when she was working on a light rail project and they were going through documents of properties that were in the right-of-way of the line. She expressed her appreciation for Mr. Corey bringing attention to the issue and explaining how it continues to affect communities. Councilmember Buesgens mentioned she worked in the mortgage business in the 1980s and was familiar with covenants during that time. She asked if the City would create more work for the County if they made the discharges mandatory. Mr. Corey replied that having 210 discharges from the City would not break the bank. Councilmember Buesgens added that it would not all be at the same time. Mr. Corey explained that many cities are discharging covenants and there is concern that more cities will discharge covenants at the same time. Councilmember Buesgens asked Mr. Corey if he believed that mandating discharging covenants could work against the work they are doing. Mr. Corey replied yes. He added that if everyone wanted to discharge their covenants then they would lose all of the County revenue for discharge fees which helps them continue the work they are doing. He added that a lot of County staff time would be required as well. He explained that they are trying to find the balance to continue to expand the work while also acknowledging that the County does not have the staff time available. Councilmember Buesgens explained that it is new work for the County and they are working to figure out the process for staff time and the amount of work it will take. Mr. Corey agreed. Councilmember Buesgens expressed her understanding that there is limite d staff time available. Mayor Márquez Simula noted that the information would be included in the City’s minutes and that she would share it with the community. C. World Hijab Day Proclamation. Receiving Proclamation: Islamic Center of Minnesota Mayor Márquez Simula proclaimed February 1, 2025, as World Hijab Day, and Councilmember James read the City’s proclamation. 28 Item 2. City of Columbia Heights MINUTES January 27, 2025 City Council Meeting Page 5 Members from the Islamic Center of Minnesota received the proclamation. Vice President of the Islamic Center of Minnesota Javeed Hadi thanked the City for what they do for the community. He added that in 1972 the first mosque in Minnesota was put in Columbia Heights. He added that they feel safe in the City and that it is their home. COMMUNITY FORUM CONSENT AGENDA Councilmember James mentioned that all of the previous equipment has surpassed their expected life span. She added that she appreciates the safety of City Staff and believes the requested equipment looks appropriate. She thanked those who are on the labor agreement teams. She explained that the City works in partnership to complete the contracts. She added that the Council supports unions in the City. She mentioned that the contracts are public and on the City’s website. Mayor Márquez Simula agreed with Councilmember James’ comments and acknowledged how much time goes into the agreements. She added that the Council wants to support unions. Motion by Councilmember Deneen, seconded by Councilmember Buesgens, to approve the Consent Agenda as presented. All Ayes, Motion Carried 4-0. 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 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 29 Item 2. City of Columbia Heights MINUTES January 27, 2025 City Council Meeting Page 6 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. 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 30 Item 2. City of Columbia Heights MINUTES January 27, 2025 City Council Meeting Page 7 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 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. ITEMS FOR CONSIDERATION Ordinances and Resolutions 17. Approval of Resolution 2025-016 Regarding the Condemnation and Action Toward Removal of Discriminatory Covenants. Community Development Director Forney thanked Map and Prejudice for attending the meeting. He added that they have been helpful in educating Staff. He explained that the Resolution ties in with the presentation that the Mapping Prejudice Project did. He noted in Columbia Heights, the Mapping Prejudice Project identified 181 properties with discriminatory covenants. The University of Minnesota Libraries, through Mapping Prejudice, has documented these 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. Just Deeds Project works with the Mapping Prejudice Project to find the history of the properties and help residents identify the history of the property. Community Development Director Forney stated 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 propert y records and fostering an inclusive community. Community Development Director Forney noted the resolution authorizes the City to join the Just Deeds Project as a member organization. This partnership will provide Columbia 31 Item 2. City of Columbia Heights MINUTES January 27, 2025 City Council Meeting Page 8 Heights property owners with access to free legal and title services to 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 principles:  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 homeownership 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. Community Development Director Forney stated 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 discriminatory 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. Community Development Director Forney mentioned that there will be a community event at City Hall on February 13th to talk about the history of the Mapping Prejudice Project. There will be an educational meeting on February 20th. He thanked City Planner Boucher for beginning the research and working with the Council. Mayor Márquez Simula mentioned she liked the quote that was shared earlier of “the process is the product.” She noted that even when the 210 properties have been discharged there still needs to be a discussion. She added that they are continuing to try to learn, but the system is constantly trying to cover racism up. 32 Item 2. City of Columbia Heights MINUTES January 27, 2025 City Council Meeting Page 9 Councilmember Deneen thanked staff for taking such purposeful and meaningful steps towards discharging covenants. She expressed her appreciation for staff finding ways to ascribe education around the matter and to ensure that the City is addressing it and taking accountability for the past. She added that it is important that the City talks about the history of racism in the City. She mentioned that people can see what happened in the City and the City condemns what happened. She added it is important for people of color to see the steps because they were impacted by it. She thanked those who took the steps to bring the program to the City and for staff for bringing it to the Council. Councilmember Buesgens stated cities get it done. She added that it is powerful to work with the community to make the changes. Councilmember James agreed with the previous comments. She asked to share more details about the February 13th meeting. Community Development Director Forney replied that the meeting will be held on February 13th in Council Chambers at City Hall from 5:00- 7:00 pm. Mapping Prejudice Project Community Engagement Lead Rebecca Gillette added that it will be a two-part program with the second part being on February 20th. On February 13th it will be a presentation to educate people about the history of racial covenants. On February 20th, they will do a community mapping session where community members will be able to see their deeds and learn how to read them. Motion by Councilmember James, seconded by Councilmember Deneen, to waive the reading of Resolution 2025-016, there being ample copies available to the public. All Ayes, Motion Carried 4-0. Motion by Councilmember James, seconded by Councilmember Buesgens, to approve Resolution 2025-016, being a Resolution of the City Council of the City of Columbia Heights condemning the use of discriminatory covenants, discharging discriminatory covenants on city-owned property, and approving participation in the Just Deeds coalition. All Ayes, Motion Carried 4-0. 18. First Reading of Ordinance 1710, an Ordinance Amending Chapter 5A Property Maintenance Code, to Include the Removal of Discriminatory Covenants. Community Development Director Forney stated 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 targeting 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 33 Item 2. City of Columbia Heights MINUTES January 27, 2025 City Council Meeting Page 10 conducting outreach throughout 2025 but have brought forth the ordinance for those properties that decide not to remove the covenant voluntarily. Councilmember James asked what the timeliness would be. Community Development Director Forney replied that it would be proof that the action had been completed without waiting for the County. Councilmember Buesgens asked if it would be something that could be completed prior to the sale. Community Development Director Forney replied that it could be completed at any time and would be done before the sale. Councilmember Buesgens asked what the process would include. Community Development Director Forney explained that it would be a form that would be filled out before or after closing. The Time of Sale program allows for a temporary certificate to be allowed after closing. Councilmember Deneen acknowledged that having mandatory discharges on racial covenants can create more work. She explained that the Council wants to set the tone for the City. She added that it is important for the City to make a statement on how they feel about the covenants and how they would like to move forward as a City. Mayor Márquez Simula added that it is similar to the City’s values for the Point of Sale and how they mandated it in the City. Councilmember James mentioned that something the City can model for other cities is that they are committed to the work and not discharging all of the covenants at once since the City values the County staff. Mayor Márquez Simula expressed her appreciation for the mayor of Mounds View for encouraging the City to take the steps. She added that it has been nice to see a city of a similar size making a large impact. Motion by Councilmember Deneen, seconded by Councilmember Buesgens, to waive the reading of Ordinance No. 1710, there being ample copies available to the public. All Ayes, Motion Carried 4-0. Motion by Councilmember Deneen, seconded by Councilmember James, 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 6:00 pm. All Ayes, Motion Carried 4-0. CITY COUNCIL AND ADMINISTRATIVE REPORTS Report of the City Council Councilmember James mentioned she attended the Equal Rights Amendment rally at the State Capitol, the Sustainability Commission meeting, and the hearing examiner interviews. She added that she 34 Item 2. City of Columbia Heights MINUTES January 27, 2025 City Council Meeting Page 11 brought some teenagers to justice education and packed care kits for unhoused neighbors. She noted that the City is aware of the fears and worries that people have regarding deportation. She noted if people have concerns, questions, or ideas to email her or the Councilmembers. She explained that the Council agrees that they want to bring forth the Holocaust Remembrance Day. Today is the 8 0th anniversary of the liberation of Auschwitz. Councilmember Buesgens stated she attended the Mississippi Watershed Management Organization board meeting, the mini pancakes with a cop event, the ceremonial push of the new fire truck with the other Councilmembers, the Kordiak Park meeting, the interviews for the appeals position, the police awards academy, the celebration of life for Brian Clerkin, the Park and Recreation Commission, the work session for Partners and Energy workshop, and a meeting with the County Commissioner. Councilmember Deneen noted she attended the push-in ceremony for the new fire engine, the hearing examiners' interviews, and the Friends of Hyland meeting. She added that she met with the Police Chief to discuss community safety and police staffing. She mentioned she attended the Police Department award ceremony, the final Partner Energy workshop, and the HeightsNext meeting. She mentioned that she would attend SnowBLAST on February 1st at Huset Park from 4:00-7:00 pm. Mayor Márquez Simula mentioned if people want more information about racial covenants and the Mapping Prejudice Program they can watch Jim Crow of the North which can be found on YouTube. She noted it was Assistant City Engineer Khan’s last meeting and thanked him for his service. She stated she attended the Sister City’s meeting. She presented at the Rotary meeting about what the City has done with the Mayor’s Monarch pledge, Blooming Sunshine Garden , and the Monarch Festival. She added that she participated in the hearing examiner interviews with the rest of the Council. She explained she met with members of the League of Minnesota Cities about their DEI practices and how they are working to have more representation of presenters at the conference. She presented at the fire truck push-in. She stated she attended the Kordiak Park water quality meeting, the neighborhood watch meeting, and a class with St. Olaf students to discuss their race and class meeting. She mentioned she was a member of the Cannabis Expungement focus group. She attended the police awards. She noted that during the next Rotary meeting, Kathleen Moriarty from the Adult Basic Education at the school district would be speaking about free adult education. She stated she attended the Latinx round table with the Secretary of State and the JLAP meeting. She explained that the City’s Police Department is not a part of ICE and does not detain people or hold people for ICE. If Homeland Security is in the City they simply call and say they are there and do not provide more details. She added that she attended a training for deportation information and plans to bring so mething to the City. She stated she attended the alley assessment meeting. She mentioned that the City typically does a World Holocaust Day proclamation and was glad Councilmember James mentioned it. She added that it is a horror that we can never forget. Report of the City Manager City Manager Chirpich gave an update on the water meter project. The City contractor is moving into the third phase. He encouraged residents who had received the notice to schedule their appointment. For residents who have not scheduled their appointment in a zone that is active or has been completed the City will start placing door hangers on doors as a reminder. SnowBLAST will be on February 1 st. 35 Item 2. City of Columbia Heights MINUTES January 27, 2025 City Council Meeting Page 12 Barna, Guzy & Steffen will be sponsoring the event. The City’s e-newsletter will be coming out on February 1st. Community members can sign up to receive the e-newsletter on the City’s website. The last day to schedule the holiday tree pick-up is Friday, January 31st. Scheduling can occur on the City’s website or by calling Public Works at 763-706-3727. MnDOT is hosting an open house for the Central Avenue improvements on February 4th from 5:00-7:00 pm at the Columbia Heights Library. There will also be two virtual public meetings. The dates and times have not been determined yet b ut the City’s website will have further announcements. He noted that it was Assistant City Engineer Khan’s last meeting and that he helped the City during a critical time. Councilmember Buesgens mentioned that a resident reached out to her about receiving the new internet service and asked if that had started in the City yet. City Manager Chirpich replied that to his knowledge it had not entered the City yet . There is a permitting process with the City so they would be tracking it. He added that he did not have an anticipated start date yet. He stated he would follow up with the IT Director to get more information. ADJOURNMENT Motion by Councilmember Buesgens, seconded by Councilmember James, to adjourn. All Ayes, Motion Carried 4-0. Meeting adjourned at 8:41 pm. Respectfully Submitted, ______________________________________ Sara Ion, City Clerk/Council Secretary 36 Item 2. CITY COUNCIL WORK SESSION Mayor Amáda Márquez Simula Councilmembers Connie Buesgens Rachel James Justice Spriggs Laurel Deneen City Manager Aaron Chirpich City Hall—Shared Vision Room, 3989 Central Ave NE Monday, February 03, 2025 6:00 PM MINUTES CALL TO ORDER/ROLL CALL The meeting was called to order by Mayor Márquez Simula at 6:05pm. Present: Mayor Márquez Simula, Councilmember Buesgens, Councilmember James, Councilmember Deneen, Councilmember Spriggs joined the meeting at 8:08pm. Also Present: Aaron Chirpich, City Manager; Mitch Forney, Community Development Director; Sara Ion, City Clerk; Kevin Hansen, Public Works Director; Joe Kloiber, Finance Director; Dan O’Brien, Fire Chief; Chris Bower and Beth Burton, MNDOT; Alex Hassel and Ann Lenczewski of Lockridge Grindal Nauen; Stacey Kvilvang, Ehlers; Kyle Brasser, Lincoln Avenue Communities. WORK SESSION ITEMS 1. 2025 Legislative Session Update and Preparation – Presentation by Lockridge Grindal Nauen. Ann Lenczewski gave a brief overview of the 2025 session of the Minnesota Legislature as a whole. She informed the council that the bonding bill and the tax bill are always the last items to proceed in the session and that LGN is completing a lot of behind-the-scenes work in anticipation of this. Alex Hassel then gave an overview of the specific status of the projects related to the City of Columbia Heights. She informed the council that Senator Kunesh has introduced the two bills related to Columbia Heights in the Senate. The team at LGN will be keeping the city up to date on any developments related to these bills. City Manager Chirpich asked for additional information related to bonding and what we can expect for the city. Ann Lenczewski stated that she feels that this is a four-caucus bill, and it is good to keep Columbia Heights in the spotlight for funding, and that we want to be working our plan and continuing to keep the needs of Columbia Heights at the forefront. 2. MnDOT Briefing: Community Engagement and Design Progress for Central Avenue. Public Works Director Kevin Hansen introduced Chris Bower, with MnDOT. Bower started his presentation by addressing the fatal crash history of Central Avenue and the efforts to move towards zero fatal crashes. He stated that we must work harder, and there will be some very bold changes that are needed. The goal is to start construction in 2028, and the MNDOT team has been out doing community canvasing of the businesses and what they would like to see. Overall, there are some requests for more and less parking, with a large 37 Item 3. City of Columbia Heights MINUTES February 03, 2025 City Council Work Session Page 2 emphasis on pedestrian safety as well as property specific concerns. There was very mixed feedback on roundabouts, and that is not unusual. There will be an open house on 2/4/2025, as well as two virtual meetings later in the week. If residents are not able to attend the meetings, they can go online to watch the presentation video and take a survey to provide feedback to MNDOT. Additionally, there will also be a community conversation on 2/12/2025 at City Hall at 4pm. Bower informed the council that ultimately there will need to be municipal consent for the following items: closure of Reservoir Blvd, the number of lanes available for traffic, access change at 42nd, southbound left turn restriction at 46th, roundabouts at 46 ½ and 47th as well as 49th, 51st and 53rd, and a shared use path with the option of a bicycle facility. Bower further clarified that the goal would be to get resident feedback before the council considers what items to move forward with. The municipal consent process would start in 2026, but the current focus in 2025 is to get the right information for the council to have these municipal consent discussions. Councilmember Buesgens would like the specifics of the maintenance costs and what the process would look like. Public Works Director Hansen mentioned to the Council that there is a cap for the budget related to aesthetic elements. Additionally, he indicated to the council that he would prepare information related to the maintenance and landscaping costs that the city would pay related to the construction project. Mayor Márquez Simula stated that she is interested in follow up regarding the multipurpose trails and feels that there should be visuals related to the proposals because it would help to have photos for resident outreach purposes. 3. Medtronic Site Presentation from Lincoln Avenue Communities. Community Development Director Mitchell Forney gave an overview of the status of the vacant Medtronic Site and introduced Kyle Brasser with Lincoln Avenue Communities. Councilmember Spriggs inquired about how this project would impact the school district. Stacey Kvilvang with Ehlers indicated that this project would not impact the school district but would create a large impact on the city and the county. City Manager Chirpich stated that the information is being presented today so the council can focus on how the city might be able to make this site plan work and what concessions we would need from Lincoln Avenue Communities. Kyle Brasser introduced his team and provided information about the things they are excited about for the project. 38 Item 3. City of Columbia Heights MINUTES February 03, 2025 City Council Work Session Page 3 Councilmember Buesgens asked Brasser if it seems reasonable to ask taxpayers to increase the amount of taxes they are paying to fund the project. Brasser stated that he feels this is a broader policy question, and an evaluation would need to occur by the council. Councilmember Buesgens stated that she feels that it is not affordable for residents to directly subsidize this project by increasing taxes. Brasser additionally stated that he feels that market rate development is not feasible for this property. He elaborated that his concern is that waiting for this to be an option could take over ten years. Councilmember Deneen expressed her concerns related to the commercial aspect of the plan, as well as the market rate housing placement. She stated that she does not feel like this is conducive to anyone who is interested in developing this type of use. Additionally, she has concerns about pushing into the park for townhomes and the space allocated for storm water treatment. However, she is very happy to see that there are larger units proposed. Councilmember Buesgens stated that the community would like to see the park space / corridor along the lake to increased and to connect 53rd to 51st with a band of public space. City Manager Chirpich clarified that the city would like to see more of a 50 /50 mix of market rate multifamily housing and for the townhomes proposed on the site not being affordable housing. The reasoning being that in other communities, market rate condos are easier to rent and/or sell. He thanked Brasser and his team for all the work that they did in bringing this item to the council. Mayor Márquez Simula highlighted the need for commercial space along 53rd unless the businesses are service for those living in the development. Councilmember James indicated that she is also concerned about the items brought forward by other councilmembers. She stated that her major concern related to the development is the time frame. She thinks there is work to be done on making this the right project for the Community. Kvilvang clarified to Brasser that there are a lot of opportunity for market rate developers to build townhomes. She will connect him with the information and resources that she has. Brasser thanked the council and stated that this was a great opportunity to get this project before the council. He asked for additional information related to the watershed area, as well as feedback from the council regarding the initial architectural designs so that the ideas could be incorporated into future presentations. Overall, the council preferred the more mid-century design components and trying to incorporate more color, and a design aesthetic that fits the property being so close to Sullivan Lake. 39 Item 3. City of Columbia Heights MINUTES February 03, 2025 City Council Work Session Page 4 4. Review Of Public Feedback and Next Steps For 2025 Concrete Alley Reconstruction, Project 2506. Public Works Director Hansen gave a brief overview of the status of the alley project after the continuation of the public hearing on January 27th, 2025. He informed the council that there is no state aid available for alleys, and that the city pays 50% of the cost of the project. One of the questions that was posed by the council is “what is the alternative” to not doing the alley projects. Director Hansen stated that the alleys have been extensively reviewed and that they are at their end of life, the only thing that can be done is to reactively patch the potholes that occur. Mayor Márquez Simula stated that it was important to have all perspectives related to the damage that has occurred to residents’ vehicles and city equipment. She also wants to make sure that we communicate these projects better with the impacted residents. Councilmember James was very concerned about the burden for those residents near 37 th and 39th that still have avenue assessments related to the 37th Avenue project. Director Hansen clarified that the amount of that assessment to the residents Councilmember James is concerned about was $1400. Hansen added that he is not sure when we will be able to take care of alleys again. There will be a large cost involved with upcoming projects on Central Avenue and 40th Avenue. He indicated that we need to get back on our road improvement programs. Councilmember Deneen stated that she feels that there should be equity when it comes to the assessment process, and she would like to get a process in place to make sure that we are working towards how we could do city-wide assessments. Councilmember Buesgens stated that she supports getting these six alleys completed and then exploring the options for total city assessments to accomplish the street projects that are needed in the future. Councilmember Spriggs stated that he leans towards moving forward with completing these alleys and then moving forward with investigating a city-wide assessment program. Councilmember James also added that she felt it was important for Staff to relay the benefits of the completion of this project now before construction costs rise in addition to the other costs and harm of waiting a year. 5. Code Enforcement Officer Discussion. Community Development Director Forney gave a brief overview of the process of code enforcement that falls on various departments within the city. He stated that a code enforcement officer would address most of the city code concerns related to what is currently enforced relates to the Fire and Community Development Departments. He additionally clarified that reactionary code enforcement only goes so far, and staff wants to make a shift to proactive enforcement. Forney explained that other surrounding 40 Item 3. City of Columbia Heights MINUTES February 03, 2025 City Council Work Session Page 5 communities have a full-time staff member that addresses code enforcement issues. This position would fall under the Community Development department. Forney additionally stated that if the council would like to move forward with this position, for 2025 the city can tap into the 201 Reserve Budget and there would not be an impact to the city budget until 2026 and this would allow the city to move forward with the position quickly. City Manager Chirpich also clarified that creating this position is something that would allow the Fire Department to focus on the rental inspection program, and shift things back to community development for a proactive approach in partnership with the building official / inspector positions. He also foresees that this position would be working closely with law enforcement and there would be some possibility of using the position for career development. Councilmember Buesgens stated that she is very excited to move forward with this position, and to have the Tyler System in place to track these issues. She strongly supports this change. Councilmember James stated that she feels that it is unhelpful to budget for the position in a way that the fees are correlated with the funding of code enforcement position. She wants to make it clear that the goal is not to increase fees, but to make our community as safe as possible. The consensus from the council was to move forward with the code enforcement position. 6. Expenditures Using 2023 Public Safety Aid. Fire Chief O’Brien gave the Council follow up information related to the expenditures that have been made from the 2023 Public Safety Aid that was allocated to Columbia Heights. Chief O’Brien then reviewed what he would like to use some of the remaining funds for. Additionally Chief O’Brien and Finance Director Kloiber clarified that there is not an expiration date set for the funds, but it would be wise for the Council to have a plan to make sure that it is used prudently for the city’s needs. The council consensus was to move forward with the purchase outlined, and Chief O’Brien will prepare the item for council approval at the 2/10/2025 meeting. 7. Update Purchasing Delegated to City Manager. Finance Director Kloiber gave a brief overview of the need to update the $15,000 purchasing limit set in 2003 and increase it to $25,000 for 2025. Kloiber clarified that calling this a spending limit is a misnomer, and there is an exception related to the purchase of resale goods as it is part of the inherent cost of the sale price (in line with the purchase of goods for the liquor store). Additionally, he would also recommend delegation 41 Item 3. City of Columbia Heights MINUTES February 03, 2025 City Council Work Session Page 6 to the City Manager to complete change orders to a contract that has already been approved by the council. Councilmember Deneen asked if there was a threshold that would be set for the change order. She would like to have this outlined and approved of by Council. Director Kloiber stated that there was an internal purchasing policy for a ten percent threshold. He will make sure that there is a dollar amount and / or percentage to dollar amount threshold included in the resolution that will be brought forward to the council for approval on February 10, 2025. 8. City Newsletter Format Update. City Manager Chirpich introduced to the council the project that the Communications Department has been spearheading to reformat the city newsletter and create a separate youth recreation brochure. Going forward there will be a youth focused newsletter that includes youth recreation information in Spanish and English that can be distributed to the schools. The city newsletter will have more of a focus on community information and will help advertise for the city owned liquor stores. Councilmember James stated that she would also like to make sure that the registration process is in Spanish and English. Mayor Márquez Simula state that she is very excited about this program and appreciates all the work that has been completed by the Communications Department to move this item forward. 9. Council Corner. Monthly Calendar Sharing, Event Notification and Attendance. The council shared with each other upcoming meetings and events that they plan to attend. Including the upcoming MNDOT presentations and listening sessions. Monthly Proclamations and Meeting Guests The council discussed adding the following proclamations to upcoming meeting agendas: March Trans Day of Visibility, Foster Children and Youth, Public Health Awareness, Women’s History. Additionally, the group also discussed inviting the Columbia Heights Met Council Representative to attend an upcoming meeting. Additional Topics Councilmember James informed the group that she feels that it is time to revisit the rental density cap. She believes that there has been significant progress made in resolving the issues that need to be addressed when the cap was implemented. Additionally, Councilmember James would also like to see the rental density cap approval moved to a standard process that is administrative with the council setting the policy and staff managing the process. 42 Item 3. City of Columbia Heights MINUTES February 03, 2025 City Council Work Session Page 7 Councilmember Buesgens stated that she is in favor of updating the program and wants to be careful that we are still restricting corporate landlords. The overall council consensus was to reevaluate the program at an upcoming work session. Councilmember Buesgens brought up the topic of the city participating in a registered apprenticeship program with the state. She would like to see HR investigate this program further. ADJOURNMENT Mayor Márquez Simula adjourned the meeting at approximately 10:10 pm. Respectfully Submitted, ______________________________________ Sara Ion, City Clerk/Council Secretary 43 Item 3. ECONOMIC DEVELOPMENT AUTHORITY City Hall—Council Chambers, 3989 Central Ave NE Monday, January 06, 2025 5:00 PM MINUTES The meeting was called to order at 5:00 pm by City Manager Chirpich. CALL TO ORDER/ROLL CALL Members present: Connie Buesgens; Laurel Deneen; Rachel James; Amada Márquez-Simula; Justice Spriggs; Marlaine Szurek; Lamin Dibba Staff Present: Mitchell Forney, Community Development Director; Aaron Chirpich, City Manager; Sarah LaVoie, Administrative Assistant; Emilie Voight, Community Development Coordinator PLEDGE OF ALLEGIANCE OATH OF OFFICE 1. Oath of Office a. Connie Buesgens, Laurel Deneen, and Amáda Márquez Simula Forney noted that the Oath of Office has been signed by the returning members. He welcomed Deneen to the EDA. ELECTION OF OFFICERS 2. Election of 2025 Economic Development Authority Officers Forney explained that due to the bylaws, the EDA is required to elect new officers each year. In 2024, the EDA President was Szurek, the Vice President of the EDA was James, and the Treasurer was Spriggs. LaVoie serves as the Secretary. Forney asked for nominations for the President position. Spriggs nominated James. Forney asked for nominations for the Vice President position. Márquez-Simula nominated Dibba. Forney asked for nominations for the Treasurer position. Márquez-Simula nominated Spriggs. Forney asked for nominations for Secretary. James nominated LaVoie. Forney explained that due to the bylaws, Chirpich serves as the executive director, Forney serves as the deputy executive director, and Kloiber serves as the assistant treasurer. Motion by Márquez-Simula, seconded by Deneen, to elect the four positions for the Economic Development Authority as presented. All ayes of present. MOTION PASSED. 44 Item 4. City of Columbia Heights MINUTES January 06, 2025 EDA Meeting Page 2 Márquez-Simula thanked Szurek for being the previous president. She thanked Spriggs for looking at new people coming up in leadership. CONSENT AGENDA 3. Approve the minutes of the regular EDA Meeting of December 02, 2024. 4. Approve financial reports and payment of bills for November 2024 – Resolution No. 2025-01. Motion by Buesgens, seconded by Spriggs, to approve the Consent Agenda as presented. All ayes of present. MOTION PASSED. RESOLUTION NO. 2025-01 A RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY OF COLUMBIA HEIGHTS, MINNESOTA, APPROVING THE FINANCIAL STATEMENTS FOR THE MONTH OF NOVEMBER 2024 AND THE PAYMENT OF THE BILLS FOR THE MONTH OF NOVEMBER 2024. WHEREAS, the Columbia Heights Economic Development Authority (the “EDA”) is required by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial statement which shows all receipts and disbursements, their nature, the money on hand, the purposes to which the money on hand is to be applied, the EDA's credits and assets and its outstanding liabilities; and WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's vouchers or bills and if correct, to approve them by resolution and enter the resolution in its records; and WHEREAS, the financial statements for the month of November 2024 have been reviewed by the EDA Commission; and WHEREAS, the EDA has examined the financial statements and finds them to be acceptable as to both form and accuracy; and WHEREAS, the EDA Commission has other means to verify the intent of Section 469.096, Subd. 9, including but not limited to Comprehensive Annual Financial Reports, Annual City approved Budgets, Audits and similar documentation; and WHEREAS, financial statements are held by the City’s Finance Department in a method outlined by the State of Minnesota’s Records Retention Schedule, NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority that it has examined the referenced financial statements including the check history, and they are found to be correct, as to form and content; and BE IT FURTHER RESOLVED the financial statements are acknowledged and received and the check history as presented in writing is approved for payment out of proper funds; and BE IT FURTHER RESOLVED this resolution is made as part of the permanent records of the Columbia 45 Item 4. City of Columbia Heights MINUTES January 06, 2025 EDA Meeting Page 3 Heights Economic Development Authority. ORDER OF ECONOMIC DEVELOPMENT AUTHORITY Passed this 6th of January 2025 Offered by: Connie Buesgens Seconded by: Justice Spriggs Roll Call: All ayes of present. MOTION PASSED. President Attest: Secretary BUSINESS ITEMS 5. Designating the 2025 Official Depositories of the Economic Development Authority Voight reported the EDA is required to designate by resolution the depositories used for its funds and investments. The Resolution follows the format of resolutions passed in previous years by the EDA and the City Council. Most general banking transactions of the EDA and the City are conducted through Northeast Bank. Accounts are also maintained at U.S. Bank for certain specialized services such as payroll and debt service payments. The only material difference between this proposed resolution and the resolution adopted annually by the City Council is that the EDA resolution allows for the EDA’s funds to be held in accounts under the name of the City of Columbia Heights. This has always been the EDA’s practice. Since the creation of the EDA in 1996, it has never had a separate checking account under its own name. All EDA expenditures since its inception have been made using checks drawn in the City’s name on behalf of the EDA. Staff recommend maintaining these two banking relationships, as they continue to meet the EDA’s current needs while also providing capacity for addressing the EDA’s evolving needs for electronic banking services. There are no differences between this year’s depositories and those of 2024. Motion by Deneen, seconded by Buesgens, to waive the reading of Resolution No. 2025-02, there being ample copies available to the public. All ayes of present. MOTION PASSED. Motion by Deneen, seconded by Dibba, to adopt Resolution No. 2025-02, a Resolution of the Columbia Heights Economic Development Authority, designating official depositories. All ayes of present. MOTION PASSED. RESOLUTION NO. 2025-02 A RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY DESIGNATING OFFICIAL DEPOSITORIES 46 Item 4. City of Columbia Heights MINUTES January 06, 2025 EDA Meeting Page 4 Now, therefore, in accordance with the bylaws and regulations of the Columbia Heights Economic Development Authority (the Authority), the Board of Commissioners of the Authority makes the following: ORDER OF BOARD IT IS HEREBY RESOLVED, that Northeast Bank, and U.S. Bank, are hereby designated as depositories for the Authority’s funds. IT IS FURTHER RESOLVED, that the funds of the Authority can be held in accounts at these depositories under the name and federal identification number of the City of Columbia Heights, Minnesota (the City), together with the funds of the City, provided that separate fund accounting records are maintained for the respective Authority and City shares of such accounts in a manner consistent with generally accepted accounting and auditing standards. IT IS FURTHER RESOLVED, that the responsibility for countersigning orders and checks drawn against funds of the Authority, assigned in the Authority’s bylaws to the Authority President, is hereby delegated to the City Mayor. IT IS FURTHER RESOLVED, that checks, drafts, or other withdrawal orders issued against the funds of the Authority on deposit with these depositories under the City’s name shall be signed by the following: City Mayor City Manager City Finance Director and that said banks are hereby fully authorized to pay and charge said accounts for any such checks, drafts, or other withdrawal orders issued by the City on behalf of the Authority. IT IS FURTHER RESOLVED, that Northeast Bank, and U.S. Bank, are hereby requested, authorized and directed to honor checks, drafts or other orders for the payment of money drawn in the City’s name on behalf of the Authority, including those drawn to the individual order of any person or persons whose name or names appear thereon as signer or signers thereof, when bearing or purporting to bear the facsimile signatures of the following: City Mayor City Manager City Finance Director and that Northeast Bank, and U.S. Bank, shall be entitled to honor and to charge the Authority, or the City on behalf of the Authority, for all such checks, drafts or other orders, regardless of by whom or by what means the facsimile signature or signatures thereon may have been affixed thereto, if such facsimile signature or signatures resemble the facsimile specimens duly certified to or filed with the Banks by the City Finance Director or other officer of the Authority or City. 47 Item 4. City of Columbia Heights MINUTES January 06, 2025 EDA Meeting Page 5 IT IS FURTHER RESOLVED, that the City Finance Director or their designee shall be authorized to make electronic funds transfers in lieu of issuing paper checks, subject to the controls required by Minnesota Statutes and by the City of Columbia Heights’ financial policies. IT IS FURTHER RESOLVED, that all transactions, if any, relating to deposits, withdrawals, re-discounts and borrowings by or on behalf of the Authority with said depositories, made directly by the Authority or by the City on the behalf of the Authority, prior to the adoption of this resolution be, and the same hereby are, in all things ratified, approved and confirmed. IT IS FURTHER RESOLVED, that any bank designated above as a depository, may be used as a custodian (a.k.a. depository) for investment purposes, so long as the investments comply with authorized investments as set forth in Minnesota Statutes. IT IS FURTHER RESOLVED, that Bank of New York Mellon DBA Pershing Advisor Solutions LLC may be used as a custodian (a.k.a. depository) for investment purposes so long as the investments comply with the authorized investments as set forth in Minnesota Statutes. IT IS FURTHER RESOLVED, that the funds of the Authority can be held in accounts at such investment custodians under the name and federal identification number of the City, together with the funds of the City, provided that separate fund accounting records are maintained for the respective Authority and City shares of such accounts in a manner consistent with generally accepted accounting and auditing standards. BE IT FURTHER RESOLVED, that any and all resolutions heretofore adopted by the Board of Commissioners of the Authority with regard to depositories or brokerage firms are superseded by this resolution. ORDER OF ECONOMIC DEVELOPMENT AUTHORITY Passed this 6th of January 2025 Offered by: Laurel Deneen Seconded by: Lamin Dibba Roll Call: All ayes of present. MOTION PASSED. President Attest: Secretary 6. Transfer of Property to the City: 960 40th Ave NE 48 Item 4. City of Columbia Heights MINUTES January 06, 2025 EDA Meeting Page 6 Voight reported the Columbia Heights EDA currently owns the real property located at 960 40th Ave NE, property ID number 36-30-24-32-0046. The property is located immediately east of City Hall, abutting the City Hall parcel, with street access from 40 th Ave NE to the north. In 2020, Alatus LLC purchased the site from its previous owner in preparation for the City Hall redevelopment project. In 2021, the EDA then purchased the site from Alatus LLC in order to hold it for eventual City use. In late 2024, the property was paved, striped, and posted as City-owned vehicle parking only. Two adjacent property owners continue to use the site for motor vehicle access to their garages. Because this property now serves as a City parking facility and no future redevelopment is planned for the site, staff recommend that the EDA transfer the property to City ownership. Questions/Comments from Members: Szurek asked how the City was going to ensure that the property owners would not use it as extra parking. Chirpich replied that Staff have put up signs that indicate that it is for City Hall parking only. He added that unauthorized vehicles would receive a ticket if they parked in the parking lot. Motion by Spriggs, seconded by Márquez-Simula, to waive the reading of Resolution No. 2025-03, there being ample copies available to the public. All ayes of present. MOTION PASSED. Motion by Spriggs, seconded by Dibba, to adopt Resolution No. 2025-03, a Resolution of the Economic Development Authority of Columbia Heights, Minnesota, authorizing conveyance of certain real property to the City of Columbia Heights. All ayes of present. MOTION PASSED. RESOLUTION NO. 2025-03 A RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY OF COLUMBIA HEIGHTS, MINNESOTA, AUTHORIZING CONVEYANCE OF CERTAIN REAL PROPERTY TO THE CITY OF COLUMBIA HEIGHTS WHEREAS, the Columbia Heights Economic Development Authority (the “Authority”) is the owner of certain real property located in Anoka County, Minnesota and legally described as Lot 23, Block 6, Reservoir Hills, according to the plat thereof on file and of record in the office of the Registrar of Deeds within and for said Anoka County, Minnesota (the “Property”); and WHEREAS, the City of Columbia Heights, Minnesota (the “City”) is interested in owning the Property; and WHEREAS, the Authority has determined that it is in the best interest of the public to convey the Property to the City; and WHEREAS, the Authority and the City have followed applicable statutory provisions, including but not limited to, Minnesota Statutes, Sections 465.035 and 471.64. 49 Item 4. City of Columbia Heights MINUTES January 06, 2025 EDA Meeting Page 7 NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority as follows: 1. The recitals set forth in the preamble to this resolution and the exhibits attached to this resolution are incorporated into this resolution as if fully set forth herein. 2. The conveyance of the Property by the Authority to the City is hereby authorized pursuant to a quit claim deed. 3. The Board hereby authorizes the President and Executive Director, in their discretion and at such time, if any, as they may deem appropriate, to execute on behalf of the Authority all appropriate documents to convey title of the Property to the City, including but not limited to a quit claim deed (the “Conveyance Documents”), and to carry out, on behalf of the Authority, the Authority’s obligations thereunder when all conditions precedent thereto have been satisfied. The Conveyance Documents shall be in substantially the form on file with the Authority and the approval hereby given to the Conveyance Documents includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by legal counsel to the Authority and by the officers authorized herein to execute said documents prior to their execution; and said officers are hereby authorized to approve said changes on behalf of the Authority. The execution of any instrument by the appropriate officers of the Authority herein authorized shall be conclusive evidence of the approval of such document in accordance with the terms hereof. This resolution shall not constitute an offer and the Conveyance Documents shall not be effective until the date of execution thereof as provided herein. 4. In the event of absence or disability of the officers, any of the documents authorized by this resolution to be executed may be executed without further act or authorization of the Board by any duly designated acting official, or by such other officer or officers of the Board as, in the opinion of the City Attorney, may act in their behalf. Upon execution and delivery of the Conveyance Documents, the officers and employees of the Board are hereby authorized and directed to take or cause to be taken such actions as may be necessary on behalf of the Board to implement the Conveyance Documents. ORDER OF ECONOMIC DEVELOPMENT AUTHORITY Passed this 6th of January 2025 Offered by: Justice Spriggs Seconded by: Lamin Dibba Roll Call: All ayes of present. MOTION PASSED. President Attest: Secretary 7. 2025 EDA Goal Setting 50 Item 4. City of Columbia Heights MINUTES January 06, 2025 EDA Meeting Page 8 Forney reviewed the EDA 2025 goals. He stated in preparation for the Council’s 2025 goal-setting process, staff are providing the EDA with the opportunity to define its 2025 priorities. Last year, staff utilized the City Council’s goals to guide the EDA’s priorities. For 2025, however, staff aim to establish the EDA’s goals prior to the Council’s meeting so that the EDA may directly inform some of the City’s broader strategies. The goal-setting process will take place over two sessions. The first session, in January, will include a presentation of the EDA’s current finances, followed by an interactive activity to identify priorities for 2025. In the second session, held in February, staff will present a summary of the January discussions along with recommendations for the EDA’s 2025 goals. Feedback will be solicited, and the recommendations will be refined as necessary. This process will result in a final set of EDA priorities for 2025. Forney noted there were several good ideas from last year that were not able to be accomplished due to the Trust Fund funding not coming through. The City received the second payment from the Affordable Housing Trust Fund on December 31, 2024. Forney explained as Staff work with the EDA to set goals and establish priorities for 2025, they wanted to provide baseline information on financial resources available to the EDA. The EDA has control over multiple funding sources and the ability to apply for additional funds in certain areas. To allow the EDA time and space to establish its priorities and objectives, Staff will not cover the current finances of the commission in depth at this time. Instead, at the February meeting, Staff will present a proposed distribution based on the EDA’s feedback during this goal-setting session. This approach is a more efficient use of EDA time and will give Staff a good starting point for preparing recommendations. Voight explained an activity for the EDA in order for Staff to gain clarity on ideas and understanding of the EDA’s priorities for 2025. Staff will compile all of the information and put together a recommendation and bring it back to the EDA. Voight asked what are three or four initiatives, strategies, or topics that you would like the EDA to focus on in 2025. She gave each commissioner a post-it note to write down ideas. Voight explained the next activity. She asked each commissioner to read aloud their ideas and to put them into a category that was listed on the wall. James read her ideas which included revising the fire suppression grant to make it more helpful, a continuation of the process to purchase blighted or underutilized properties in the Central business district, Central Avenue revitalization, and making a plan for the Affordable Housing Trust Fund and determining the best way to utilize it to create new housing. Buesgens noted her ideas included surveying businesses on the façade and looking at landscaping on Central Avenue, having grant money to improve NOAH’s such as roofs, windows, and HVAC, and keeping the affordable housing that is currently there, combining the Medtronic site with Sullivan Lake Park, and have more public art since it can improve the City’s economy. Deneen explained her ideas include to have grant programs for local art, to create a business directory 51 Item 4. City of Columbia Heights MINUTES January 06, 2025 EDA Meeting Page 9 resource online that could be easily accessible, to provide community information session or classes on starting a business within the City, and expanding the façade improvement plan to include interior work and/or creating a new program that will help with the infrastructure of a business that could be aging. Dibba stated his ideas included, to increase the amount in the façade improvement fund in order to provide help and training for small business owners, particularly new ones. Voight asked if those were two separate ideas. Dibba replied that it there could be two separate ideas with training small business owners on bookkeeping or other skills as a new idea. He added an idea of having more consultations with the businesses community. Voight asked if consultations would be members of the EDA going to businesses. Dibba replied that EDA members could be consultants. He added that small businesses could organize themselves and work closely with the City. He mentioned his other idea would be to see action on the Medtronic site this year. He added that he would like to see more playgrounds in the City. Márquez-Simula noted her ideas included to improve the pedestrian alley between the parking ramp and Central Avenue, improve the City parking lot and signage behind the DMV, have pollinator plantings in most places, and have a business district alley façade improvement grant. Szurek mentioned her ideas included to encourage development in order to lower residential taxation, develop new ways to improve Central Avenue, deal with dilapidated housing, help with the fire suppression. Spriggs stated his ideas included having local art in the Central Business District, targeting key properties or areas for purchase, and refining or repurposing the fire suppression agreements. Forney noted that the Staff's ideas include revising the fire suppression and façade grant programs, enacting business visits as a part of the business retention expansion program, and establishing a business booklet. Voight placed the post-it notes under various categories. She asked if the EDA would like to add categories. Buesgens noted there was a category for the business façades and fire suppression and added that there is another category for setting up the business directory. Szurek suggested have all business items in one category and then add subcategories. The Commissioners agreed. Deneen asked if there were other areas that were identified to include public art besides Central Avenue. James replied that it makes sense to target Central Avenue for 2025. The Commission agreed to add a category entitled “Redevelopment”. Szurek asked for clarification over public art since it costs a lot of money to do it. Buesgens explained that public art has shown that it booms the economy in local areas such as St. Paul and Hopkins. She explained that it provides a welcoming environment and pulls in businesses. She added that when an environment looks good, the community starts to take better care of it. James mentioned that the City owns a lot of areas and has control over making it look better. Deneen added that the alley by the City-52 Item 4. City of Columbia Heights MINUTES January 06, 2025 EDA Meeting Page 10 owned parking lot is not an area she would feel comfortable walking alone at night. However, if there were overhead lights, and murals it would be a more comfortable place to walk in at night. Szurek added that the back side of buildings looks terrible and could be improved. Deneen explained that she liked the idea of starting on Central Avenue and to build from there. It will help people buy into the idea because people have the most experience with Central Avenue. Márquez-Simula added that part of the goal-setting process is to help direct Staff on what to focus on. This can help Staff find grants to help implement the goals. Voight explained that the next category includes purchasing blighted, underutilized properties in the Central Business District (CBD), delipidated housing stock dealing with it, targeting properties in key areas for purchase, determining the most effective use of the Affordable Housing Trust fund to create new housing, grant money to improve NOAH, windows, HVAC, etc. Chirpich suggested titling the category as “neighborhood revitalization”. Voight noted the last category included ideas such as having information sessions or classes for starting a new business, consultation between the City and business community, business booklet, business visits by the Commission or others, and creating a business directory. Another category included ideas around the fire suppression grant and the Business District alley façade improvement. Deneen suggested titling the category “Grants and Education for Business Outreach”. Márquez-Simula suggested “Business Outreach and Grants”. Voight asked the Commissioners to vote for three ideas that they would each like to prioritize. The Commissioners used post-it notes to cast their individual votes. Voight explained that Staff would take all of the information and feedback and provide the EDA with recommendations during the next meeting. BUSINESS UPDATES Forney mentioned that the Community Development Department is in the process of hiring an intern. The City received a $2,000 grant from the Economic Development Foundation of Minnesota. He mentioned that they have received about four applicants. The intern will help execute some of the ideas that the EDA comes up with. Voight updated the EDA about the Home Energy Squad. The Home Energy Squad is going through a transition of providers for Anoka County. ICF is the new provider for Anoka County. Xcel and CenterPoint have a contract with ICF. Residents can go to the Home Energy Squad website and sign up for visits just like they always could. Communication is on the website and will be on social media in the next couple of weeks. Xcel and CenterPoint provide a promotional code to reduce the price for Columbia Heights residents. The EDA now has $5,000 more in funds. Forney added that it is because the City participated in the Partners In Energy. Buesgens noted that the participation in the energy audit was low in 2024 and asked if Staff were planning on using some of the extra funds to push more participation in the energy audit. Szurek asked if there was a letter included in the water bill to promote participation. She added that including a 53 Item 4. City of Columbia Heights MINUTES January 06, 2025 EDA Meeting Page 11 letter with the water bill would reach more people. Márquez-Simula asked Voight to speak more about the social media posts. Voight replied that she has been working with the communications team and they will be doing a Facebook post this week or next week. Márquez-Simula mentioned she likes the idea of the EDA showing up for events and having sign- up sheets for residents to get further involved. Dibba asked if there was an effective way to get important information out quickly. Forney replied that they have Code Red which is utilized for emergency or specific City items. Dibba asked about non- emergency marketing tools. James replied that the City sends out monthly emails. Forney added that there is an online and paper newsletter, and social media provides information. Márquez-Simula added that Code Red has been used for non-emergency items such as sending information regarding neighborhood meetings. Buesgens asked if residents could customize which kind of notifications they receive from Code Red. She wondered if general business updates could be included in Code Red. Deneen express caution of using an emergency service for marketing. She agreed with Buesgens of wanting to get the word out to residents to be more environmentally conscious, but wanted to respect what people originally opted into with Code Red. Buesgens wondered if there was another platform that people could sign up to get text updates from the City. James suggested Staff look at the marketing plan. ADJOURNMENT Motion by Márquez-Simula, seconded by Spriggs, to adjourn the meeting at 6:01 pm. All ayes. MOTION PASSED. Respectfully submitted, _______________________________ Sarah LaVoie, Recording Secretary 54 Item 4. MINUTES CITY OF COLUMBIA HEIGHTS PLANNING COMMISSION MEETING TUESDAY, JANUARY 07, 2025 The meeting was called to order at 6:00 pm by Chair Wolfe. CALL TO ORDER/ROLL CALL Commissioners present: Eric Sahnow, Paul Moses, Clara Wolfe, Ahmed Maameri and John Gianoulis Commissioners absent: Tom Kaiser Also present: Andrew Boucher, City Planner; Sarah LaVoie, Administrative Assistant; Mitch Forney, Community Development Coordinator; Connie Buesgens, Council Liaison. APPROVAL OF MINUTES 1. Approval of December 03, 2024 Planning Commission Meeting Minutes Motion by Sahnow, seconded by Moses, to approve the minutes from the meeting of December 03, 2024. All ayes. MOTION PASSED. PUBLIC HEARINGS 2. Zoning Ordinance Amendments 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 9.111 Industrial Districts Introduction: Boucher stated Staff discussed potential updates to City Zoning Code – Chapter 9 Land Use at the December 3rd, 2024 Planning Commission Workshop based on observations, feedback, and recommendations from staff and community members to make adjustments to 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 include 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 55 Item 5. City of Columbia Heights MINUTES January 07, 2025 Planning Commission Meeting Page 2 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 uses. In I-1 and 2 Districts, major and minor automobile repair is proposed to be changed from permitted to conditional uses. Boucher mentioned 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. Boucher explained 9.106 General Development Standards includes 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 include 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 reliance 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. Boucher stated the City strives to ensure that multifamily housing developments provide adequate parking without burdening residents or the community. However, if concessions are regularly made during the development process, the standard appears to be ineffective. Boucher noted 9.107 Specific Development Standards, which include requiring a sound study as a specific condition for car washes and adding a minimum of one acre of property to the car wash use along with recreational vehicle sales. Boucher mentioned 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. 56 Item 5. City of Columbia Heights MINUTES January 07, 2025 Planning Commission Meeting Page 3 Boucher noted Section 9.104 (F) of the Zoning Ordinance outlines certain findings of fact that must be met in order for the City to grant approval for a zoning amendment. The findings are as follows: 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 single 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 i ts current zoning classification. The amendment is not to change the zoning classification of a particular property. Questions/Comments from Members: Gianoulis mentioned that he liked the changes. He asked what a homeowner would have to do with the zoning review permit if they wanted to put in a 50-foot shed or greenhouse. Boucher replied that Staff would like to see an application and describe what they are doing. He added the process is aimed more towards enforcing the impervious surface maximum. He added that they would not require a survey for structures under 200 feet. Public Hearing Opened. Wolfe opened the public hearing. There were no public comments. Public Hearing Closed. Motion by Moses, seconded by Sahnow, to close the public hearing and to waive the reading of the 57 Item 5. City of Columbia Heights MINUTES January 07, 2025 Planning Commission Meeting Page 4 draft Ordinance amendment No. 1709, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Wolfe, seconded by Maameri, to recommend City Council approve draft Ordinance amendment No. 1709, a Zoning Ordinance Amendment, as presented. All ayes. MOTION PASSED. OTHER BUSINESS 3. Discussion on SolSmart Memo Introduction: Boucher stated at their November meeting, the Sustainability Commission recommended pursuing SolSmart participation and approved authorization at the November 25, 2024, Council meeting where staff also presented information regarding the SolSmart program. SolSmart is a program designed to provide no-cost technical assistance to local governments to help identify barriers to renewable energy and implement national best practices expanding solar energy use. Boucher explained Communities are recognized through a designation of Bronze, Silver, Gold, or Platinum through actions, outreach, and education in a series of categories such as Permitting and Inspection, Planning and Zoning, Government Operations, Community Engagement, and Market Development. There were two prerequisites required prior to participation; creating an online solar permit and inspection checklist and preparing a solar statement which are included in this report. The only requirements left before a Bronze Designation is to review the memo technical staff prepared and present the findings to the Planning Commission. Metropolitan Council and SolSmart program staff reviewed the City of Columbia Heights’ Zoning Code to verify and document opportunities to strengthen and encourage development of renewable energy as well as providing a baseline spreadsheet to track the City’s progress through the program. The City has already receive credit in some of the categories for actions that have already been verified, actions that require documentation, and those recommended to pursue. Boucher noted the City has already scored 45 points for Baseline Status based on completed actions in Permitting and Inspections. By signing and presenting the Planning and Zoning memo to the Planning Commission, the City will have 5 points for Planning and Zoning Baseline Status. Boucher reviewed what actions the City has already completed which include: • Actions Completed for Permitting and Inspection • No more than one inspection required for small rooftop solar PV • Post solar PV inspection requirements online, including the inspection process and what details will be reviewed • Demonstrate that residential permit fees for solar PV are $500 or less • Review zoning requirements and identify restrictions that intentionally or unintentionally prohibit solar PV development and compile these findings in a memo • Present PZ-1 memo findings to Planning Commission or relevant body Boucher mentioned that some of the recommended actions for Permitting and Inspections that can be taken or are in the process of being completed by staff include: 58 Item 5. City of Columbia Heights MINUTES January 07, 2025 Planning Commission Meeting Page 5 • Train permitting and inspection staff on best practices for permitting and inspecting solar PV and/or solar and storage systems and training must have occurred in the past two years • Provide an online process for solar PV permit submission and approval • Post community metrics related to the number of solar PV and solar + storage permits & inspections processed by the community annually, average annual permitting & inspection timelines. • Adopt a standard solar PV permit application form aligned with best practices • Train fire/safety staff on solar PV and/or solar and storage systems; training must have occurred in the past two years. • Share site specific solar PV and/or solar and storage permit data, including addresses, with first responders and their departments (e.g. software that allows users to view searchable, filterable data about a specific site and system) Boucher stated other actions related to Planning and Zoning for staff, the Planning Commission, and City Council to pursue include the following: 1. 1. Draft proposed language for changes to zoning code based on PZ-1 memo and Planning Commission dialogue; involve planners and/or local zoning experts and/or the public (e.g. through community based organizations) in the creation of the draft language (5 points) 2. Codify in the zoning ordinance that accessory use rooftop solar PV is explicitly allowed by - right in all major zones. (10 points; required for Gold) 3. Ensure the zoning ordinance language does not include intentional or unintentional barriers to accessory use rooftop solar PV, including but not limited to aesthetic or performance standards, screening requirements, limits to visibility, excessive restrictions to system size or rooftop coverage, glare or glint regulations, and subjective design reviews. (10 points; required for Gold) 4. Ensure the zoning ordinance permits small ground-mounted solar PV as an accessory use in at least one zoning district. (5 points) 5. Ensure the zoning ordinance exempts small ground -mounted solar PV from certain restrictions on accessory uses (e.g. setbacks, coverage or impervious surface calculations, or other restrictions). (5 points) 6. Ensure the zoning ordinance establishes a clear regulatory pathway for large -scale solar PV (e.g. through a special use permit or through inclusion among allowed conditional uses). (5 points) 7. Post an online fact sheet that provides an overview of what zoning allows for solar PV under what conditions and in which districts (e.g. types and sizes of solar systems permitted, the processes required, and other relevant information) (5 points). 8. Include specific solar PV goals, metrics, and strategies in the most current published version of relevant local plans (e.g. energy plan, climate plan, comprehensive plan) (10 points). 9. Draft new or updated language and provide a timeline for the inclusion of specific solar PV goals, metrics, and/or strategies into existing and/or future plans (5 points). 10. Share solar PV progress towards achieving targets or metrics from PZ -20 on the solar landing page (5 points). 11. Include specific large-scale solar PV goals, metrics, and strategies in the most current published version of relevant local plans (e.g. energy plan, climate plan, comprehensive plan) (10 points). 59 Item 5. City of Columbia Heights MINUTES January 07, 2025 Planning Commission Meeting Page 6 12. Develop a solar PV assessment that identifies community-wide feasibility for solar PV development within a jurisdiction (differentiate between large-scale, municipal, etc.) (20 points). 13. Enable solar rights through a local solar access ordinance (10 points). 14. Codify in the zoning ordinance that accessory use energy storage systems are explicitly allowed by right in all major zones (20 points). Boucher mentioned actions in the section of Government Operations that have been completed, require documentation and verification, or can be pursued include: 1. Procure solar energy for municipal operations through an offsite physical PPA, virtual PPA, green tariff, or similar structure (20 points). 2. Install solar PV on local government facilities and/or local government -controlled land. (20 points; required for Platinum) 3. Discuss community goals for solar PV, net metering, community solar, and/or interconnection processes with the local utility and explore areas for future collaboration (10 points). 4. Conduct feasibility analysis for solar PV on local government facilities and/or local government controlled land (10 points). 5. Install solar PV integrated with other technologies such as battery storage or electric vehicle charging on local government facilities and/or local government-controlled land (20 points). 6. Post metrics related to the number of municipal solar PV or solar PV plus storage/EV installations and installed capacity, municipal solar PV energy procured (ownership, PPAs, community solar offtake), and percent (%) of municipal energy usage offset by renewable energy (10 points). Staff Recommendation: Boucher stated Staff recommends the following future amendments to the Zoning Code based on the memo prepared by SolSmart/Metropolitan Council staff: A. 9.101 Purpose, Authority, and Jurisdiction (B) Purpose amended to include (B)(11) “Encourage and strengthen solar development and use of renewable energy while protecting public health, safety, and welfare of its residents and furthering progress towards specific community goals and plans.”; amend (B)(2) to reflect other specific goals defined in plans such as the Energy Action Plan and the 2040/2050 Comprehensive Plans. B. 9.103 Definitions amended to include the following definitions: a. Solar energy system: A device, array of devices, or structural design feature, the purpose of which is to provide for generation or storage of electricity from sunlight, or the collection, storage, and distribution of solar energy for space heating or cooling, daylight for interior lighting, or water heating. b. Solar photovoltaic system: A solar energy system that converts solar energy directly into electricity, the primary components of which are solar panels, mounting devices, inverters, and wiring. c. Grid-connected solar energy system: A solar photovoltaic system that is connected to an electric circuit served by an electric utility company. d. Roof-mounted solar energy system: A solar photovoltaic system mounted on a rack that is ballasted on, or is attached to, the roof of a building or structure. Roof -mount systems 60 Item 5. City of Columbia Heights MINUTES January 07, 2025 Planning Commission Meeting Page 7 are accessory to the primary use. e. Ground-mounted solar energy system (Accessory Use): A solar photovoltaic system mounted on a rack or pole that is ballasted on, or is attached to, the ground and the system is accessory to the primary use. f. Ground-mounted solar energy system (Primary Use): A solar photovoltaic system mounted on a rack or pole that is ballasted on, or is attached to, the ground and is the primary land use for the parcel(s) on which it is located. Primary use systems are permitted through a discretionary approval process. g. Community-scale solar energy system: A solar photovoltaic system that qualifies for the Community Solar Gardens identified by the State of Minnesota Commerce Department’s Energy and Utilities. h. Amending Accessory Building/Structure and Structure definitions to explicitly state that solar equipment and installations are not considered to be structures. C. 9.106 General Development Standards amended to include the following provisions: a. (B) Lot Controls (11) Yard Encroachments should include (i) Ground-mounted solar and equipment as being part of the list of uses not considered as encroachments into required yards, provided they are not located closer than one foot to the property line OR having them subject to the same side/rear yard setbacks as accessory structures. b. (B) Lot Controls (13) Height limitations should be amended to exempt rooftop solar equipment from height limitation and removing the 25% roof area coverage requirement for mechanical/electrical equipment. c. (C) Accessory uses and structures (6) Mechanical equipment should be amended to exempt solar installations and equipment from screening requirements. d. (H) Performance Standards (1) Purpose should be amended to exempt solar equipment and installations from performance standards. D. 9.107 Specific Development Standards should be amended to include Roof -mounted solar energy system, Ground-mounted solar energy system (Accessory Use), Ground-mounted solar energy system (Primary Use), and Community-scale solar energy system. a. a. Roof-mounted solar energy system i. On a pitched/sloped roof, solar energy systems shall be installed parallel to the roof surface. ii. Pitched/sloped and flat roof solar energy systems shall be exempt from height limitations. iii. Roof-mounted solar energy systems shall comply with applicable state and local fire codes to ensure emergency access to the roof, provide pathways to specific areas of the roof, provide areas for smoke ventilation, and provide emergency egress from the roof. b. Ground-mounted solar energy system (Accessory Use) i. Ground-mounted solar energy systems (Accessory Use) are not considered to be accessory structures and are allowed to be placed anywhere on the property, including the front yard, so long as they are not located closer than one foot to the property line OR subjecting them to the same setback requirements as accessory structures with a provision for allowing them in front yard setbacks. ii. Ground-mounted solar energy systems are exempt from lot coverage and impervious surface requirements if the area under the system contains 61 Item 5. City of Columbia Heights MINUTES January 07, 2025 Planning Commission Meeting Page 8 vegetative ground cover such as grass, native planting and vegetations, or pollinator habitats as the tilt and spacing allows for precipitation to drain into the pervious ground cover. c. Ground-mounted solar energy system (Primary Use), d. Community-scale solar energy system. E. E. 9.109 Residential Districts, 9.110 Commercial Districts, 9.111 Industrial Districts, and 9.115 Public and Open Space Districts all amended to include rooftop solar PV and ground -mounted solar as a permitted accessory use by right in all zoning districts. Additional recommendations include establishing ground-mounted solar as well as community-scale solar energy system as permitted primary uses in all zoning districts. Boucher explained items that Staff, the Planning Commission, and the City Council should give additional consideration to are highlighted. These topics include potential amendments to existing definitions, lot controls, accessory uses, and performance standards to exempt solar installations and equipment from height, roof coverage, and setback requirements. Other items to discuss in the future are the establishment of larger-scale solar systems as primary uses and whether these should be permitted or conditional uses; consideration of a solar access ordinance, and if renewable energy goals and specifications should be included in consideration of Planned Unit Developments, Subdivision Regulation, and other processes requiring city approval or funding. Questions/Comments from Members: Moses asked what yard encroachments would entail. Boucher replied that it is how far something can go into the required setback. Moses noted that a ground-mounted solar would throw a shade, so the angle of the ground-mounted solar would need to be changed depending on the season. He added that it would have a similar impact on the yard as a canopy or a sun shade and it would have an impact on the yard. He asked if that would be considered a yard encroachment. Boucher replied that it would . He added that the other alternative is for it to be considered an accessory use/structure. He asked the Planning Commission for their opinion. Gianoulis asked if it would be treated with the same requirements as an accessory structure, but would not count as an accessory structure. Boucher agreed and mentioned that the definitions for an accessory structure could be tweaked. Sahnow mentioned that he did not think the properties that would take advantage of the ground - mounted system would be numerous since they would more likely be on the roof and away from the tree canopy. He added that it makes sense that if someone takes advantage of the ground -mounted system the City makes it easy to do so. Boucher wondered if rooftop solar equipment should be held to the same standards and what a structure would be. He asked what the maximum height of a rooftop solar array could get to. Moses replied that it is usually two to three feet. Flat roofs might be four to five feet extra. There are capacities for some solar panels to be able to automatically tilt based on the direction of the sun, 62 Item 5. City of Columbia Heights MINUTES January 07, 2025 Planning Commission Meeting Page 9 which would require an eight to ten-foot maximum. Sahnow asked if the Planning Commission would like to modify the requirements for the mounted solar energy system in order to allow for the solar panel to be at its maximum angle. Moses mentioned that it is more expensive to have solar systems at an angle. Boucher asked the commissioners if there should be specific language included on how solar systems should be oriented. Sahnow suggested striking the language. Moses agreed and added that installing solar requires going through a solar installer who understands how it should be properly installed. He explained that having more leeway would help the solar installer in order to not tie their hands. Boucher wondered if larger-scale solar systems should have additional requirements. Moses explained that it would not make much sense for someone to buy an acre lot to fill it with solar panels because they would not get a payback from the investment for a long time. He suggested having a condition use for it. Sahnow agreed and added that people should be allowed to do it, but they need to let the City know. Forney mentioned that many solar systems have fences around them and wondered if it was a safety reasons or security. He asked the Planning Commission if they would want to limit the fence requirements. Moses replied that the fences were for safety. Councilmember Buesgens asked if there were dismantling rules after a solar panel system no longer worked. Boucher replied that there is recommended decommissioning language but he would need to do further research. Councilmember Buesgens asked if the City would have the space for microgrids and if the City would consider doing a microgrid on a City-owned lot. Boucher replied that he would add it to the list of things to follow up on. Forney asked Moses was a microgrid is. Moses replied that microgrids are systems that are completely off the grid. It can be solar batteries and generators all running in parallel with each other. It is essentially storage. When the solar and battery are running seamlessly with each other, the solar powers the batter during the daytime, and then the battery powers the solar when there is cloud cover or the night. The generator can also come online and power both of them. Councilmember Buesgens mentioned that she has read about communities who have created their own energy and did that by starting to use microgrids. Moses explained that the City is completely connected to Xcel and the City does not have the infrastructure of it. Microgrids are ideal for business that are electrically connected together and have the capacity to transfer power between the grid and the microgrid system. Moses asked if there would be any changes to the battery infrastructure, or if there was any code for it. Boucher replied that it was being lumped in with the solar equipment requirements. Forney suggested having the solar storage as an encroachment and wondered if the Planning 63 Item 5. City of Columbia Heights MINUTES January 07, 2025 Planning Commission Meeting Page 10 Commission would be interested in doing that. Boucher asked the Planning Commission if they were interested in considering a solar access ordinance. Sahnow replied that it would help neighbors have language while having discussions about installing solar. Boucher asked if renewable energy goals and specifications should be included in consideration of planned unit developments, subdivision regulation, and other processes requiring City approval or funding. Sahnow replied that he would like to see that. Forney mentioned that the Sustainability Commission could highlight the City’s requirements, and what measurements would be set. Boucher reviewed what the Planning Commission had discussed. He noted that there seemed to be consensus on a number of things such as trying to be consistent with what the code allows for. Mandates are not what the City is going for because it is important to give as much flexibility as possible. For smaller-scale structures, they would be permitted as accessory uses while larger-scale structures would be conditional use or special use permits. Moses mentioned that a best practice is to learn a lot from industrial cities. Sahnow stated he liked the zoning text amendments. He commended the Staff and other commissioners for modernizing the Code and Ordinances. 4. Discussion on Complete Streets and Design Guidelines. Boucher mentioned that Staff would be taking a Complete Streets policy to the Council next week for approval. This would help give items to incorporate into the design guidelines. He mentioned sign codes would also be a future discussion item. He added that he would have a draft of the Energy Action Plan for the Planning Commission in March or April. Councilmember Buesgens mentioned that it was her last Planning Commission as a Council liaison and that Councilmember Deneen would be the new liaison. She thanked the Planning Commission for their work. ADJOURNMENT Motion by Wolfe, second by Moses adjourned the meeting at 7:21 pm. All ayes. MOTION PASSED. Respectfully submitted, 64 Item 5. City of Columbia Heights MINUTES January 07, 2025 Planning Commission Meeting Page 11 __________________________________________ Sarah LaVoie, Administrative Assistant 65 Item 5. A COLUMBIA HEIGHTS PUBLIC LIBRARY 3939 Central Ave NE, Columbia Heights, MN 55421 BOARD OF TRUSTEES: MEETING MINUTES Wednesday, January 8, 2025 Approved 2/5/2025 ATTENDANCE INFORMATION FOR THE PUBLIC Members of the public who wished to attend could do so in-person, or via Microsoft Teams at columbiaheightsmn.gov/join-a-meeting and entering Meeting ID 271 987 908 772 and passcode T2uo3T8N at the scheduled meeting time. For questions, please call the library at 763-706-3690. The meeting was called to order in the Library Community Room by Rachelle Waldon at 5:32pm. Members present: Rachelle Waldon; Melanie Magidow; Chris Polley; Carrie Mesrobian; Justice Spriggs (City Council Liaison). Members remotely present: N/A. Members absent: Amina Maameri. Others present: Renee Dougherty (Library Director); Nick Olberding (Board Secretary). Public present: N/A. 1. The Meeting Agenda was approved. 2. The Minutes of the December 4, 2024, Library Board Meeting were moved and approved. 3. Review of 2024 Operating Budget: 99% of the year and 88.85% of the budget expended; we will still be paying 2024 bills through the first week of February. a. E-Books (42183): We have not been invoiced for e-books by Anoka County Library. Community Forum: Opportunity for public input. No correspondence and no public in attendance. The City website has a contact form for each Board/Commission for the public to submit questions or concerns: https://www.columbiaheightsmn.gov/government/boards_and_commissions/index.php After clicking desired group, scroll to the bottom of their page to find the contact form. New Business: 4. 2024 Year-End Highlights: The Board was shown a preview of the year-end stats (see below). Most totals surpassed last year and some had significant gains. The Board was excited to see the numbers continuing to grow and they expressed hope of surpassing 100,000 visits in 2025. On a related note, it’s great to be receiving the parking lot expansion in the spring because the lot has been frequently full over the last year (including tonight) and if visitors keep increasing, we’ll need that space even more often. 5. Update on Strategic Directions: Renee provided the Board with a sample progress on the Strategic Directions set by the Library Board last year. a. Collections: Implementation of merchandising strategies; more books on display; a 5.8% increase in library cardholders; and piloting one-on-one technology help by appointment… b. Communications: New website launched in November; All Are Welcome signs added to entrances; prayer/meditation/sensory space table tents placed around building; Spanish language basic training for staff… c. Outreach: Increased school visits and introductory open houses with CH Public Schools, Immaculate Conception, Metro North Adult Basic Ed, Prodeo Academy, Bultum Academy, and the Dwelling Place (domestic violence shelter)… d. Space: Upcoming parking lot expansion (and the CHPL Foundation grant); headphones added to public computers; device charging stations; expansion of open hours on Friday/Saturday… Director’s Update: 6. November Board Report: Provided as an FYI. a. Puzzles: Elizabeth Ripley and Carrie Mesrobian are working on planning our next Puzzle Contest with a puzzle swap session to follow. 7. Board Books: 66 Item 6. a. Chris: Gideon Green in Black & White Katie Henry; Peculiar Woods: The Mystery of the Intelligents Andrés J. Colmenares; The Hundred Years’ War on Palestine Rashid Khalidi; You Hurt My Feelings (2023) Nicole Holofcener (streaming on Kanopy) b. Carrie: A Mind to Murder P.D. James c. Melanie: Emily’s House Amy Belding Brown d. Renee: Remarkably Bright Creatures Shelby Van Pelt e. Rachelle: Everyone in My Family has Killed Someone Benjamin Stevenson; Brave New World Aldous Huxley f. Justice: Excluded: How Snob Zoning, NIMBYism, and Class Bias Build the Walls We Don’t See Richard Kahlenberg g. Nick: If Beale Street Could Talk James Baldwin There being no further business, the meeting was adjourned at 6:21 pm. Respectfully submitted, Nicholas P. Olberding Recording Secretary, CHPL Board of Trustees 67 Item 6. HOUSING & REDEVELOPMENT AUTHORITY MINUTES OF THE MEETING OF January 22nd 2024 The meeting was called to order at 5:45 pm by President Rachel James. Members present: James, Buesgens, Jacobs, Spriggs and Marquez Simula. Others Present: Aaron Chirpich (Community Development Director), Sara Ion (City Clerk), Mitchell Forney (Community Development Coordinator) PLEDGE OF ALLEGIANCE ELECTION OF OFFICERS- The original purpose of the HRA was to oversee the operation and management of a U.S. Housing and Urban Development (HUD) supported multifamily rental housing facility known as Parkview Villa North and South. On September 28th, 2015, the HRA officially sold Parkview Villa North and South to Aeon, a non-profit housing organization. Since Parkview Villa North and South were the last two properties owned by the HRA, the HRA adopted amended operational bylaws in 2016 to no longer hold regularly scheduled meetings. At the same time the HRA designated all housing and redevelopment duties to the EDA. Due to ongoing audit and reporting requirements mandated by HUD, the HRA is required to remain an entity even though it no longer owns or operates any property. Pursuant to the bylaws of the Columbia Heights Housing and Redevelopment Authority (the “HRA”), officers are required to be elected annually. The 2023 HRA officers that served are as follows: - Chair – Rachel James - Vice Chair – Justice Spriggs - Secretary/Treasurer – Connie Buesgens In order for an HRA Commissioner to be considered for an officer position, an HRA Commissioner must be nominated by another commissioner, or by themself. 1. Chair a. Please provide all nominations for President of the HRA. b. Vote individually for each nominated member. c. The member with the most votes is declared the President of the HRA by the Executive Director. 2. Vice Chair a. Please provide all nominations for Vice President of the HRA. b. Vote individually for each nominated member. c. The member with the most votes is declared the Vice President of the HRA by the Executive Director. 3. Secretary-Treasurer a. Please provide all nominations for Treasurer of the HRA. b. Vote individually for each nominated member. 68 Item 7. City of Columbia Heights MINUTES January 22, 2024 Housing & Redevelopment Authority Page 2 c. The member with the most votes is declared the Treasurer of the HRA by the Executive Director. Questions/Comments from Members: James asked for nominations for chair of the HRA. Spriggs nominated James for chair of the Housing and Redevelopment Authority, Márquez Simula seconded the nomination. James asked for nominations for the Vice-Cahir of the HRA. Márquez Simula nominated Spriggs for Vice Chair of the Housing and Redevelopment Authority, James seconded the nomination. James asked for nominations for the Secretary-Treasurer of the HRA. Márquez Simula nominated Buesgens as Secretary-Treasurer of the Housing and Redevelopment Authority, Spriggs seconded the nomination. Motion by Buesgens, seconded by Márquez Simula to elect the slate of nominees for Chair, Vice-Chair, and Secretary-Treasurer of the Housing and Redevelopment Authority. All ayes. MOTION PASSED 2024 Officers are as follows: Rachel James is Chair Justice Spriggs is Vice Chair Connie Buesgens is Secretary-Treasurer CONSENT AGENDA a. Approve the minutes of the regular HRA Meeting of February 27, 2023. Motion by Buesgens, seconded by Márquez Simula, to approve the Consent Agenda as presented. All ayes. MOTION PASSED Motion by Jacobs, seconded by Márquez Simula to Adjourn the January 22, 2024, meeting of the Housing and Redevelopment Authority. All ayes. MOTION PASSED Adjourn Respectfully submitted, Mitchell Forney Community Development Coordinator 69 Item 7. ITEM: Change in Police Department Organizational Structure DEPARTMENT: Police Department BY/DATE: Chief Matt Markham/February 3rd, 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 X_Trusted and Engaged Leadership _Thriving and Vibrant Destination Community X_Strong Infrastructure and Public Services _Sustainable BACKGROUND Starting with the change in Police Chief in 2024, the police department has had significant changes in both administrative and front-line leadership. A captain, the Office Supervisor, and three sergeants have all been in their roles for less than a year. Additionally, significant turnover in the industry has resulted in newer and less experienced staff requiring additional support from department leadership. In response, the department has identified a command staff restructuring as needed to help provide additional support for and coverage of administrative tasks and duties. SUMMARY OF CURRENT STATUS The current structure of the police department administration is two Captains reporting to the Police Chief. The proposed structure change will add a Deputy Chief in between the Police Chief and Captains. This structure change offers several benefits to the department to include additional support for increased administrative duties brought on by state legislation and POST board mandates. Additionally, the Deputy Chief will be responsible for Internal Affairs and Professional Standards ensuring a high level of accountability. This change will also create a clear person in charge when the Police Chief is absent from the department. The Deputy Chief position will be filled internally, and a process will be run to fill the captain vacancy created by this move. Due to staffing shortages at the beginning of the year, the additional wages from the structure change will be covered by operating surplus from unfilled positions and will not require a change to the police budget for 2025. The changes will then be incorporated into the 2026 operating budget for personnel. STAFF RECOMMENDATION The Police Department recommends approval of the organization structure change for police as outlined above and illustrated on the attached chart. RECOMMENDED MOTION(S): MOTION: Move to approve a change in the police department organizational structure to add the position of Deputy Police Chief. CITY COUNCIL MEETING AGENDA SECTION CONSENT MEETING DATE FEBRUARY 10, 2025 70 Item 8. City of Columbia Heights - Council Letter Page 2 ATTACHMENT(S): Police Organizational Chart 2025 71 Item 8. POLICE City of Columbia Heights 2025 Police Chief Deputy Police Chief Police Captain Investigations Crime Analyst DTF (1) VCRU (1) Investigator (2) Youth Outreach (1) COP (1) Police Captain Patrol Sergeant (Day) Officers (3) Sergeant (Night) Officers (4) Sergeant (Day) Officers (3) Sergeant (Night) Officers (4) Sergeant (Power) SCU (2) FT CSO (2) PT CSO (5) Office Supervisor Record Tech (3) 72 Item 8. ITEM: Allocate Use of Funds and Authorize Expenditures Using 2023 Public Safety Aid. DEPARTMENT: Fire BY/DATE: Dan O’Brien / February 4, 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 In December 2023 the city of Columbia Heights received $956,556 in state funding for public safety purposes . Leadership from the Columbia Heights Police and Fire Departments have collaborated to recommend the allocation of up to $72,000 for two projects that meet department needs and align with the conditions of the funding. SUMMARY OF CURRENT STATUS The recommended budget allocations and expenses are outlined below: Authorize the Fire Chief to spend up to $62,000 to purchase Self-Contained Breathing Apparatus (SCBAs) and Rapid Intervention Team (RIT) packs.  SCBAs are essential for firefighter safety during hazardous operat ions.  Due to global price increases, the fire department’s capital improvement funds allocated for loose equipment fell short, leaving a critical gap in the ability to purchase the required SCBAs for the new aerial apparatus.  Several existing SCBAs have been irreparably damaged and require replacement.  The purchase of three RIT Packs will standardize equipment across engines and provide a critical air supply for downed firefighters during rescue operations. RIT Packs are life-saving tools that extend the survival time of firefighters in emergencies. Impact: This investment ensures that firefighters are equipped with reliable, standardized breathing apparatuses, improving their safety and operational efficiency in emergency situations. Authorize the Fire Chief to spend up to $10,000 on Technical Rope Rescue Equipment. The purchase of technical rope rescue equipment to support Columbia Heights members of the county’s Specialized Technical Rescue Team (SRT).  The Anoka County Fire Protection Council (ACFPC) maintains a specialized team to handle complex rescue operations, such as confined space incidents, high-angle rescues, swift water rescues, and structural collapses. CITY COUNCIL MEETING AGENDA SECTION CONSENT MEETING DATE FEBRUARY 10TH, 2025 73 Item 9. City of Columbia Heights - Council Letter Page 2  Columbia Heights has three firefighters on the SRT, providing the city with an advantage in r esponse times to technical rescue incidents.  The purchase of technical rope rescue equipment will enhance the fire department’s capacity to initiate rescue operations effectively and support the county’s specialized team. Impact: This allocation strengthens the fire department’s readiness and ability to respond to high-risk rescue scenarios, enhancing the safety of both victims and rescuers. STAFF RECOMMENDATION These options were reviewed in detail by the City Council at the February 4th, 2025, work session and staff recommend the allocation of funds and purchase approval as presented in the Summary of Current Status section. RECOMMENDED MOTION(S): MOTION: Move to allocate 2023 Public Safety Aid funds in the amount of $72,000 for the expenses as listed in the Summary of Current Status section . MOTION: Move to authorize the purchases as outlined in the Summary of Current Status section. ATTACHMENT(S): None. 74 Item 9. ITEM: Second Reading of Ordinance 1710, an Ordinance Amending Chapter 5A Property Maintenance Code, to Include the Removal of Discriminatory Covenants. DEPARTMENT: Community Development BY/DATE: Andrew Boucher, 02/10/2025 CORE CITY STRATEGIES: _Healthy and Safe Community X Equitable, Diverse, Inclusive, and Friendly _Trusted and Engaged Leadership X Thriving 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. At the January 27, 2025 City Council Meeting, the council approved a resolution condemning the use of discriminatory covenant s, 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. At the First Reading of Ordinance 1710, City Council voted (4-0) to approve the Second Reading of Ordinance 1710 as proposed at the February 10, 2025 meeting. STAFF RECOMMENDATION Staff recommends approval of Ordinance 1710. RECOMMENDED MOTION(S): MOTION: Move to waive the reading of Ordinance No. 1710, there being ample copies available to the public. MOTION: Move to approve Ordinance 1710, being an ordinance to amend Chapter 5A Property Maintenance Code and direct staff to send the summary ordinance for publication in the legal newspaper. CITY COUNCIL MEETING AGENDA SECTION CONSENT AGENDA MEETING DATE 02/10/2025 75 Item 10. City of Columbia Heights - Council Letter Page 2 ATTACHMENT(S): Ordinance No. 1710 Summary Ordinance No. 1710 76 Item 10. 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. 77 Item 10. 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. 78 Item 10. 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. 79 Item 10. 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. 80 Item 10. 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. 81 Item 10. 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. 82 Item 10. (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. 83 Item 10. (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. 84 Item 10. Section 2 This ordinance shall be in full force and effective from and after 30 days after its passage. First Reading: January 27, 2025 Offered by: Deneen Seconded by: James Roll Call: All Ayes, Spriggs Absent Second Reading: Offered by: Seconded by: Roll Call: Date of Passage: ______________________________________ Amáda Márquez Simula, Mayor Attest: ___________________________________ Sara Ion, City Clerk/Council Secretary 85 Item 10. Ordinance No.1709 SUMMARY OF 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 Council for the City of Columbia Heights, Minnesota adopted Ordinance No. 1710, February 10, 2025. The purpose of this ordinance is to update, upon passage, Chapter 5A of Columbia Heights City Code to include the requirement to the Time of Sale program for property owners to individually discharge or renounce discriminatory covenants from their property at the time of sale of the property. 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 rega rd to public assistance, disability, sexual orientation, or familial status background. These recriminatory covenants are now illegal and are unenforceable, but they remain in property records. In 219, 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. No certificate of property maintenance shall be issued if a property has an outstanding discr iminatory 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. This is a summary of Ordinance No. 1710. 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 86 Item 10. ITEM: Consideration of a Rental License Exemption Extension for 4302 2nd Street NE. DEPARTMENT: Community Development BY/DATE: Andrew Boucher, City Planner, February 5, 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 On February 5, 2025, the owner of 4302 2nd Street NE reached out to the Community Development Department requesting an extension of their previously approved single-family rental density cap exemption extension. The single-family density cap ordinance allows those who receive an exemption three months to complete the work necessary to obtain a provisional rental license. In the case of this property, the owners have been having difficulty completing the necessary work to the home within th e allotted time frame. The owners of 4302 2nd Street originally received an exemption to the density cap in July of 2024. Following their first exemption approval, the owners approached the City in December of 2024 for more time to complete the required improvements and the Council granted an extension. The owners are now back requesting an additional extension due to encountering unexpected plumbing work that has added to the overall scope of the project. If approved, Resolution 2025- 024 would grant a temporary rental license exemption to the homeowner effectively resetting the three-month time clock for completion of the improvements necessary to obtain the provisional license. The temporary rental license will be valid for one year from the date that the license is approved with the option to renew the license for one additional year. RECOMMENDED MOTION(S): MOTION: Move to waive the reading of Resolution 2025-024, there being ample copies available to the public. MOTION: Move to approve Resolution 2025-024, a resolution approving the single-family rental exemption request for the rental application at 4302 2nd Street NE, Columbia Heights, MN 55421. ATTACHMENT(S): 1. Letter from the Homeowner 2. Resolution 2025-024 3. Location of the property image 4. Ordinance 1685 CITY COUNCIL MEETING AGENDA SECTION CONSENT MEETING DATE FEBURARY 10, 2025 87 Item 11. RESOLUTION NO. 2025-024 A RESOLUTION APPROVING SINGLE FAMILY RENTAL EXEMPTION REQUEST FOR THE RENTAL APPLICATION AT 4302 2nd STREET NE, COLUMBIA HEIGHTS, MN 55421 BE IT RESOLVED BY the City Council (the “Council”) of the City of Columba Heights, Minnesota (the “City”) as follows: WHEREAS, on August 14, 2023, the Council approved ordinance 1685 which established a rental density limit for detached single-family rental dwellings by splitting the city into blocks and caping the number of rentals per that block; and WHEREAS, Ordinance 1685 establishes that applicants that are not allowed to obtain a single-family rental license because of the density limits will be able to request an exemption and the Council has sole discretion to grant the exemption requests for a span of one year, if the situation lasts longer than a year, the applicant can re-apply for the temporary license but a property owner is only allowed a temporary license for no more than two years; and, WHEREAS, the City has received a request from the owner of 4302 2nd Street NE, Columbia Heights, MN 55421 to make an exception for the property and allow a new rental license to be issued. NOW, THEREFORE, BE IT RESOLVED, the City does hereby approve the exemption request for 4302 2nd Street NE, Columbia Heights, MN 55421, allowing the homeowner to apply for a temporary one-year rental license, with the addition of the following requirements. 1. The owner of 4302 2nd Street NE, Columbia Heights, MN 55421 must apply for and complete the licensing process, to receive the temporary license, within 3 months of the passage of this resolution. 2. The temporary rental license shall be valid for the period of one year after the date that the license has been approved. 3. After the one-year term of the temporary license, the rental license will be revoked, and the property owner may re-apply for the temporary license again for no more than a period of two years for the same property. City Council Resolution 2025-024 88 Item 11. City of Columbia Heights - Council Resolution Page 2 ORDER OF COUNCIL Passed this 10th day of February, 2025 Offered by: Seconded by: Roll Call: Amáda Márquez Simula, Mayor Attest: Sara Ion, City Clerk/Council Secretary 89 Item 11. July 16, 2024 Dear Columbia Heights City Council, Hello we are Barbara J. Hagberg and Donald L. Hagberg II. We are requesting that the City Council grant a rental license exception to the property located at 4302 2nd Street N.E., Columbia Heights, MN 55421. Our parents, Donald L Hagberg and Patricia S. Hagberg purchased this property as their retirement home in 2005. They loved this home and they loved this neighborhood. Our Mother passed away on January 19th of 2020 and our Dad passed away on December 21, 2023, at age 92. The property was left to us. We are updating the home with fresh paint on the interior, a new furnace and air conditioner (to be installed in the next 45 days), updated trim, new carpeting, some exterior updates and some new electrical. We would like to rent this property for a few years starting this fall or winter to give us time to potentially sell to one of our 2 sets of daughters or possibly even a granddaughter or grandson. There is also the possibility that one of us may decide to retain the property. Three of our four girls have college degrees and the fourth is studying for her public adjusters license. We have met with many of the neighbors to this property over the course of several years while caring for our parents. Some are renters, some own their homes. This community has been wonderful to our family and we would like to share and keep that strong neighborhood community alive. We feel it is a safe and caring environment. We have a vested interest in updating and upkeep of the home and look forward to working with the City of Columbia Heights to meet any requirements, updates or safety needs to be a viable rental home in the community. We thank you for your consideration. Barb Hagberg Don Hagberg 90 Item 11. ³ An oka County Parcel Viewer Owner Information: Disclaimer: Map and parcel data are believ ed to be acc urate, b ut accura cy is not gu aran teed. This is not a legal docume nt and sho uld not besubstituted for a title searc h, apprais al, survey, or for zoning verification. Date: 7/16/20241:600Anoka County GIS HAGBER G, D ONALD L 4302 2ND S T NE COLUMBIA HEIGH TS MN 55421 Parce l Information: 35-3 0-24-2 2-0108 4302 2ND ST NE MN COLUMBIA HEIGHTS 55421 MANDY MEISNER 0.11Approx. Acres: COLUMBIA HEIGHTS ANNEX TO MINNEAPOLIS Commissioner: Plat: 91 Item 11. ITEM: Rental Occupancy Licenses for Approval. DEPARTMENT: Fire Department BY/DATE: Fire Chief Dan O’Brien / Feb. 10, 2025 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) X Healthy and Safe Community _Equitable, Diverse, Inclusive, and Friendly _Trusted and Engaged Leadership _Thriving and Vibrant Destination Community X Strong Infrastructure and Public Services _Sustainable BACKGROUND: Consideration of approval of attached list of rental housing license applications. RECOMMENDED MOTION: MOTION: Move to approve the items listed for rental housing license applications for February 10, 2025, in that they have met the requirements of the Property Maintenance Code. ATTACHMENT: Rental Occupancy Licenses for Approval – 2-10-25 CITY COUNCIL MEETING AGENDA SECTION CONSENT MEETING DATE FEBRUARY 10, 2025 92 Item 12. 93 Item 12. 94 Item 12. ITEM: License Agenda. DEPARTMENT: Community Development BY/DATE: Sarah LaVoie 02/04/2025 CORE CITY STRATEGIES: (please indicate areas that apply by adding an “X” in front of the selected text below) X Healthy and Safe Community _Equitable, Diverse, Inclusive, and Friendly _Trusted and Engaged Leadership _Thriving and Vibrant Destination Community _Strong Infrastructure and Public Services _Sustainable BACKGROUND Attached is the business license agenda for February 10th, 2025, City Council meeting. This agenda consists of applications for 2025: Tree services, Food Truck, Massage Therapists, Massage Business, 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 February 10th, 2025, as presented. ATTACHMENT(S): 1. License Agenda 02/10/2025 CITY COUNCIL MEETING AGENDA SECTION CONSENT AGENDA MEETING DATE 02/10/2025 95 Item 13. TO CITY COUNCIL February 10th, 2025 *Signed Waiver Form accompanied application TREE CARE CONTRACTORS-2025 *A TREE SERVICE AND LANDSCAPE, INC 761 1ST ST SW NEW BRIGHTON MN 55112 $80 *CENTRAL MN TREE SERVICE 480 RICE CREEK BLVD NE FRIDLEY MN 55432 $80 *ANDOVER TREE CARE 1540 145TH AVE NE HAM LAKE MN 55304 $80 *CANOPY TREE HEALTH 769 CALIFORNIA AVE W SAINT PAUL MN $80 FOOD TRUCK–2025 *THE GOLDEN NUTS: THYME MACHINE 4801 CENTRAL AVE NE COLUMBIA HIEGHTS MN 55421 $0 *CUERNAVACA MEXICAN FOOD 4110 CENTRAL AVE NE COLUMBIAHEIGHTS MN 55421 $0 MASSAGE–2025 *XIAOXIN QU 13104 NATIONAL ST NE BLAINE MN 55449 $350 *MAOPING PAN 5130 3RD ST NE FRIDLEY MN 55432 $350 *COLUMBIA HEIGTHS MASSAGE/NICOLE HUNSTAD 5019 UNIVERSITY AVE NE COLUMBIA HEIGHTS MN 55421 $750 CONTRACTORS-2025 *WARNERS STELLIAN 550 ATWATER CIRCLE ST PAUL MN 55103 $80 *FORCED AIR INC DBA WENZEL HEATING & AIR CONDITIONING 4145 OLD SIBLEY HIGHWAY EAGAN MN 55122 $80 *TRISTRUX LLC 473 US HWY 46 CLIFTON NJ 07011 $80 96 Item 13. CHARITABLE GAMBLING-2025 *COLUMBIA HEIGHTS ATHLETIC BOOSTERS (02/22/2025) 530 MILL STREET NE COLUMBIA HEIGHTS MN 55421 $0 97 Item 13. ITEM: Review of Bills. DEPARTMENT: Finance Department BY/DATE: February 10, 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 $1,248,790.77. ATTACHMENT(S): List of Claims CITY COUNCIL MEETING AGENDA SECTION CONSENT AGENDA MEETING DATE FEBRUARY 10, 2025 98 Item 14. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 1/30Page : 02/06/2025 11:55 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/24/2025 - 02/06/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 30.75 609.0000.14500011725 INVARTISAN BEER COMPANY37407061923(A)MAIN01/30/2025 78.40 609.0000.14500011725 INV37407071923(A) 1,144.00 609.0000.14500011725 INV37407051923(A) 1,464.00 609.0000.14500011625 INV37403241923(A) 948.60 609.0000.14500010725 INV37379941923(A) 3,665.75 288.80 609.0000.14500011525 INVBELLBOY BAR SUPPLY01093718001924(A)MAIN01/30/2025 93.00 609.9791.42171011525 INV01093718001924(A) 381.80 8,953.70 609.0000.14500010825 INVBELLBOY CORPORATION02063370001925(A)MAIN01/30/2025 767.00 609.0000.14500011525 INV02064084001925(A) 19.00 609.9791.42199011525 INV02064084001925(A) 88.00 609.9792.42199010825 INV02063370001925(A) 9,827.70 62.60 609.0000.14500010825 INV 700297736BREAKTHRU BEVERAGE MN BEER LLC1194938241926(A)MAIN01/30/2025 276.15 609.0000.14500011525 INV 7002977361195979591926(A) 256.00 609.0000.14500011425 INV 7002977171195712431926(A) 324.00 609.0000.14500011425 INV 7002977171195712421926(A) 310.80 609.0000.14500011425 INV 7002977171195691861926(A) 15,428.15 609.0000.14500122524 INV 7002977361193241611926(A) 7,169.70 609.0000.14500011525 INV 7002977361195979601926(A) 5,186.50 609.0000.14500011425 INV 7002977171195691851926(A) (32.00)609.0000.14500011525 INV 7002977174131583981926(A) (10.00)609.0000.14500011525 INV 7002977174131583971926(A) (56.95)609.0000.14500010725 INV 7002977364131317711926(A) (366.10)609.0000.14500010925 INV 7002977364131387701926(A) (6.92)609.0000.14500010925 INV 7002977364131387691926(A) (5.11)609.0000.14500010925 INV 7002977364131387681926(A) (12.00)609.0000.14500010925 INV 7002977364131387671926(A) (27.70)609.0000.14500012125 INV 7002977174131708051926(A) 28,497.12 478.72 609.0000.14500011025 INV 700297736BREAKTHRU BEVERAGE MN W&S LLC1195457491927(A)MAIN01/30/2025 384.00 609.0000.14500011025 INV 7002977361195457511927(A) 414.50 609.0000.14500011025 INV 7002977361195457521927(A) 192.00 609.0000.14500011025 INV/DEL 7002977821195457571927(A) 4,097.25 609.0000.14500011025 INV/DEL 7002977361195457501927(A) (192.00)609.0000.14500011725 INV/DEL 7002977824131696171927(A) 8.05 609.9792.42199011025 INV 7002977361195457491927(A) 4.60 609.9792.42199011025 INV 7002977361195457511927(A) 99 Item 14. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 2/30Page : 02/06/2025 11:55 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/24/2025 - 02/06/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 2.40 609.9792.42199011025 INV 7002977361195457521927(A) 28.75 609.9792.42199011025 INV/DEL 7002977361195457501927(A) 2.30 609.9793.42199011025 INV/DEL 7002977821195457571927(A) (2.30)609.9793.42199011725 INV/DEL 7002977824131696171927(A) 5,418.27 10,838.65 609.0000.14500011525 INVCAPITOL BEVERAGE SALES LP30849051928(A)MAIN01/30/2025 1,859.15 609.0000.14500011525 INV30849391928(A) 6,710.65 609.0000.14500011625 INV30855071928(A) 4,873.95 609.0000.14500010925 INV30827201928(A) (20.80)609.0000.14500011525 INV312011361928(A) (116.40)609.0000.14500011625 INV30855051928(A) (41.60)609.0000.14500010925 INV312011321928(A) 24,103.60 27.74 240.5500.42180LARGEPRINT BOOK ORDERCENGAGE LEARNING INC861495451929(A)MAIN01/30/2025 113.21 240.5500.42180LARGEPRINT BOOK ORDER861486011929(A) 140.95 640.80 101.1940.42175COFFEE SUPPLIES 010725FIRST CHOICE COFFEE SERVICE0330631930(A)MAIN01/30/2025 125.00 101.1940.42175EQUIPMENT RENTAL 01250335901930(A) 227.98 101.2100.42175COFFEE SUPPLIES 0107250330641930(A) 227.99 101.2200.42175COFFEE SUPPLIES 0107250330641930(A) 1,221.77 2,301.42 101.2100.42010AIR COMPRESSOR-PSBFLUID-AIRE DYNAMICS, INCINV1032361931(A)MAIN01/30/2025 2,301.42 101.2200.42010AIR COMPRESSOR-PSBINV1032361931(A) 4,602.84 1,378.13 101.2100.44030FTO TRACKER PROGRAM 2025FRONTLINE PUBLIC SAFETY SOLUTIONFL462831932(A)MAIN01/30/2025 52.15 101.2100.43810SOLAR POWERHINTERLAND CSG, LLCSP-035-0002901933(A)MAIN01/30/2025 52.14 101.2200.43810SOLAR POWERSP-035-0002901933(A) 104.29 287.25 609.0000.14500102524 INVJOHNSON BROTHERS LIQUOR CO.26534151934(A)MAIN01/30/2025 234.60 609.0000.14500011025 INV27064581934(A) 36.40 609.0000.14500011025 INV27064541934(A) 147.20 609.0000.14500011025 INV27064531934(A) 1,806.00 609.0000.14500011025 INV27064561934(A) 800.00 609.0000.14500010925 INV27055471934(A) 4,927.40 609.0000.14500010825 INV27044231934(A) 209.40 609.0000.14500011625 INV27099281934(A)100 Item 14. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 3/30Page : 02/06/2025 11:55 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/24/2025 - 02/06/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 418.50 609.0000.14500011625 INV27099331934(A) 419.00 609.0000.14500011625 INV27099321934(A) 73.00 609.0000.14500011625 INV27099311934(A) 240.00 609.0000.14500011625 INV27099301934(A) 112.50 609.0000.14500011625 INV27099291934(A) 180.00 609.0000.14500011625 INV27099271934(A) 90.10 609.0000.14500011525 INV27088851934(A) 857.10 609.0000.14500011725 INV27109131934(A) 76.78 609.0000.14500011025 INV/DEL27064371934(A) 830.00 609.0000.14500010925 INV/DEL27064441934(A) 830.00 609.0000.14500011025 INV/DEL27064571934(A) 383.90 609.0000.14500011025 INV/DEL27064411934(A) (287.25)609.0000.14500111424 INV1152551934(A) 2.80 609.9791.42199011625 INV27099281934(A) 4.20 609.9791.42199011625 INV27099331934(A) 4.20 609.9791.42199011625 INV27099321934(A) 4.20 609.9791.42199011625 INV27099311934(A) 8.40 609.9791.42199011625 INV27099301934(A) 1.40 609.9791.42199011625 INV27099291934(A) 1.40 609.9791.42199011625 INV27099271934(A) 2.80 609.9791.42199011525 INV27088851934(A) 4.90 609.9791.42199011725 INV27109131934(A) 2.10 609.9791.42199011025 INV/DEL27064371934(A) 14.00 609.9791.42199010925 INV/DEL27064441934(A) 7.00 609.9792.42199011025 INV27064581934(A) 1.40 609.9792.42199011025 INV27064541934(A) 1.40 609.9792.42199011025 INV27064531934(A) 42.00 609.9792.42199011025 INV27064561934(A) 42.00 609.9792.42199010925 INV27055471934(A) 29.40 609.9792.42199010825 INV27044231934(A) 14.00 609.9792.42199011025 INV/DEL27064571934(A) 7.70 609.9792.42199011025 INV/DEL27064411934(A) 12,867.18 25.56 101.2100.43810SOLAR POWERMADISON ENERGY INVESTMENTS IV LLCSP-151-0002141935(A)MAIN01/30/2025 17.36 101.2100.43810SOLAR POWERSP-150-0002141935(A) 25.57 101.2200.43810SOLAR POWERSP-151-0002141935(A) 17.37 101.2200.43810SOLAR POWERSP-150-0002141935(A) 85.86 21.29 101.9200.43810SOLAR POWERMADISON ENERGY INVESTMENTS LLCSP-001-0003551936(A)MAIN01/30/2025 7,777.50 720.9980.42012NETWORK SWITCH PARAGON DEVELOPMENT SYSTMS INC5023309521937(A)MAIN01/30/2025 101 Item 14. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 4/30Page : 02/06/2025 11:55 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/24/2025 - 02/06/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 10,468.06 720.9980.44030HOST AND LICENSING 5023319641937(A) 28,546.42 720.9980.45180HOST AND LICENSING 5023319641937(A) 46,791.98 330.50 609.0000.14500011025 INVPHILLIPS WINE & SPIRITS INC69119401938(A)MAIN01/30/2025 82.72 609.0000.14500011025 INV69119391938(A) 257.25 609.0000.14500011025 INV69119381938(A) 660.00 609.0000.14500011025 INV69119371938(A) 990.00 609.0000.14500011025 INV69119351938(A) 248.00 609.0000.14500011025 INV69119361938(A) 2.80 609.9792.42199011025 INV69119401938(A) 1.40 609.9792.42199011025 INV69119391938(A) 7.00 609.9792.42199011025 INV69119381938(A) 21.00 609.9792.42199011025 INV69119371938(A) 7.00 609.9792.42199011025 INV69119351938(A) 0.70 609.9792.42199011025 DEL69119271938(A) 7.00 609.9792.42199011025 INV69119361938(A) 1.40 609.9792.42199011025 DEL69119281938(A) 2,616.77 1,748.66 701.0000.14120TIRESPOMP'S TIRE SERVICE INC23200127011939(A)MAIN01/30/2025 859.05 609.0000.14500010925 INVSOUTHERN GLAZER'S25758671940(A)MAIN01/30/2025 917.40 609.0000.14500010925 INV25758721940(A) 742.22 609.0000.14500010925 INV25758711940(A) 812.00 609.0000.14500010925 INV25758701940(A) 159.96 609.0000.14500010925 INV25758741940(A) 120.00 609.0000.14500010925 INV25758751940(A) 159.00 609.0000.14500010925 INV25758731940(A) 295.70 609.0000.14500010925 INV25758691940(A) 1,392.38 609.0000.14500010925 INV25758661940(A) 96.00 609.0000.14500011625 INV25785781940(A) 166.44 609.0000.14500011625 INV25784571940(A) 251.91 609.0000.14500011625 INV25784561940(A) 67.16 609.0000.14500011625 INV25784551940(A) 81.00 609.0000.14500011625 INV25784531940(A) 676.67 609.0000.14500011625 INV25784521940(A) 839.50 609.0000.14500011625 INV25784501940(A) 883.29 609.0000.14500011625 INV25784481940(A) 659.46 609.0000.14500011625 INV25784471940(A) 160.02 609.0000.14500011625 INV25784461940(A) 176.97 609.0000.14500011625 INV25784451940(A) 117.00 609.0000.14500011625 INV25784441940(A) 102 Item 14. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 5/30Page : 02/06/2025 11:55 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/24/2025 - 02/06/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 78.00 609.0000.14500011625 INV25784421940(A) 315.00 609.0000.14500010925 INV25758531940(A) 395.96 609.0000.14500011625 INV25784541940(A) 478.55 609.0000.14500010925 INV/DEL25758591940(A) 1,042.96 609.0000.14500011625 INV/DEL25784511940(A) 1,264.50 609.0000.14500010925 INV/DEL25758511940(A) 2,145.60 609.0000.14500011625 INV/DEL25784491940(A) 933.89 609.0000.14500010925 INV/DEL25758541940(A) 1,439.26 609.0000.14500010925 INV/DEL25758491940(A) 1,294.50 609.0000.14500010925 INV/DEL25758681940(A) (4.87)609.0000.14500010325 INV96202101940(A) (216.90)609.0000.14500011625 INV96228671940(A) 0.85 609.9791.42199011625 INV25784571940(A) 2.56 609.9791.42199011625 INV25784561940(A) 1.49 609.9791.42199011625 INV25784551940(A) 1.39 609.9791.42199011625 INV25784531940(A) 6.40 609.9791.42199011625 INV25784521940(A) 7.68 609.9791.42199011625 INV25784501940(A) 8.96 609.9791.42199011625 INV25784481940(A) 5.12 609.9791.42199011625 INV25784471940(A) 2.88 609.9791.42199011625 INV25784461940(A) 1.71 609.9791.42199011625 INV25784451940(A) 0.75 609.9791.42199011625 INV25784441940(A) 1.28 609.9791.42199011625 INV25784421940(A) 3.84 609.9791.42199010925 INV25758531940(A) 8.96 609.9791.42199011625 INV25784541940(A) 6.40 609.9791.42199010925 INV/DEL25758591940(A) 7.68 609.9791.42199011625 INV/DEL25784511940(A) 6.40 609.9791.42199010925 INV/DEL25758511940(A) 1.28 609.9791.42199012325 DEL25809671940(A) 11.52 609.9791.42199011625 INV/DEL25784491940(A) 5.12 609.9791.42199012325 DEL25809651940(A) 15.36 609.9791.42199010925 INV/DEL25758541940(A) 1.92 609.9791.42199011625 DEL25784431940(A) 10.24 609.9791.42199010925 INV/DEL25758491940(A) 8.96 609.9792.42199010925 INV25758671940(A) 8.96 609.9792.42199010925 INV25758721940(A) 7.68 609.9792.42199010925 INV25758711940(A) 14.08 609.9792.42199010925 INV25758701940(A) 3.84 609.9792.42199010925 INV25758741940(A) 1.28 609.9792.42199010925 INV25758751940(A) 3.84 609.9792.42199010925 INV25758731940(A)103 Item 14. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 6/30Page : 02/06/2025 11:55 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/24/2025 - 02/06/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 2.77 609.9792.42199010925 INV25758691940(A) 29.87 609.9792.42199010925 INV25758661940(A) 6.40 609.9792.42199010925 INV/DEL25758681940(A) 2.56 609.9793.42199011625 INV25785781940(A) 19,009.61 2,170.06 415.6450.44000OUTSIDE STORAGE RMVL 120424 - 1220241-800-GOT-JUNK?48201762MAIN01/30/2025 95.40 101.5129.43050PEST CONTROL-JPM 011725ADAM'S PEST CONTROL, INC4047493201763MAIN01/30/2025 90.00 240.5500.44020PEST CONTROL LIB 12244036607201763 185.40 1,117.45 101.2200.44000COMPRESSOR SVC, AIR TESTALEX AIR APPARATUS INC9122201764MAIN01/30/2025 37.50 101.2100.43250BROADBAND CONN 0125ANOKA COUNTYB250113G201765MAIN01/30/2025 37.50 101.2200.43250BROADBAND CONN 0125B250113G201765 18.75 101.3100.43250BROADBAND CONN 0125B250113G201765 3.75 101.3121.43250BROADBAND CONN 0125B250113G201765 3.75 101.5200.43250BROADBAND CONN 0125B250113G201765 3.75 601.9600.43250BROADBAND CONN 0125B250113G201765 3.75 602.9600.43250BROADBAND CONN 0125B250113G201765 3.75 701.9950.43250BROADBAND CONN 0125B250113G201765 112.50 200.00 415.6450.44000SNOW RMVL 5000 CENTRALARISE OUTDOOR SERVICES LLC621201766MAIN01/30/2025 200.00 415.6450.44000SNOW RMVL 5098 CENTRAL623201766 200.00 415.6450.44000SNOW RMVL 5100 CENTRAL624201766 600.00 65.95 101.2100.42172SHIRT, PATCHESASPEN MILLS, INC.347044201767MAIN01/30/2025 149.98 101.2100.42172PANTS346518201767 450.20 101.2200.42172SHIRT, PATCHES, JKT, CAP, PANTS, BOOTS346612201767 666.13 37.96 101.3100.42171BUSINESS CARD - E HANSONBAA PRINTING SOLUTIONS INC11529201768MAIN01/30/2025 77.15 240.5500.42180BOOK ORDERBAKER & TAYLOR2038821902201769MAIN01/30/2025 92.21 240.5500.42180BOOK ORDER2038797191201769 241.19 240.5500.42180BOOK ORDER2038818999201769 515.88 240.5500.42180BOOK ORDER2038800081201769 453.92 240.5500.42180BOOK ORDER2038809004201769 213.40 240.5500.42180BOOK ORDER2038831420201769 1,593.75 104 Item 14. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 7/30Page : 02/06/2025 11:55 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/24/2025 - 02/06/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 242.00 609.0000.14500010525 INVBARREL THEORY BEER COMPANY5783201770MAIN01/30/2025 220.44 201.0000.3219280% REFUND PERMIT 202000298 - 1087-89 POLK CIRCLE BLACK ROCK REMODELING2025-00028/29201771MAIN01/30/2025 945.00 415.6400.43050.2506ALLEY RECONSTRUCTION TOPOGRAPHIC SURVEYS 2024-2025BOLTON & MENK, INC0352777201772MAIN01/30/2025 376.00 609.0000.14500010825 INVBOURGET IMPORTS LLC213986201773MAIN01/30/2025 8.00 609.9792.42199010825 INV213986201773 384.00 85.49 701.0000.14120HOOD LATCHBOYER FORD TRUCKS INC091P10564201774MAIN01/30/2025 354.00 609.0000.14500011625 INVBROKEN CLOCK BREWING COOP9434201775MAIN01/30/2025 1,343.85 101.2100.43050ANIMAL SERVICES ICR 24220209-A, 24220209-B, 24232813BRP VETERINARY MINNESOTA12912201776MAIN01/30/2025 31,500.00 101.2100.43050EMBEDDED MENTAL HEALTH SVCS 1024-1224CANVAS HEALTH INCINV003943201777MAIN01/30/2025 1,657.50 101.2100.43050EMPLOYMENT BACKGROUNDSCARDINAL INVESTIGATIONSCHPD25-1201778MAIN01/30/2025 20.00 101.9200.43810SOLAR POWERCARLSON COMMUNITY SOLAR LLC18417201779MAIN01/30/2025 12.03 602.9600.43810SOLAR POWER18417201779 112.89 701.9950.43810SOLAR POWER18417201779 144.92 16.91 101.1940.438306403204114-3CENTERPOINT ENERGY6403204114-3201780MAIN01/30/2025 913.89 101.2100.438308268239-48268239-4201780 913.89 101.2200.438308268239-48268239-4201780 2,171.78 101.5129.438308000014661-58000014661-5201780 90.74 101.5200.4383010802324-310802324-3201780 216.22 101.5200.438305452216-45452216-4201780 1,250.82 101.5200.438308000014661-58000014661-5201780 2,000.28 101.9200.438308000014661-58000014661-5201780 2,388.17 240.5500.4383010570341-710570341-7201780 544.41 601.9600.438308000014661-58000014661-5201780 16.91 602.9600.438309644621-69644621-6201780 26.74 602.9600.4383011299887-711299887-7201780 1,721.05 609.9791.438308000014661-58000014661-5201780 1,629.41 609.9792.438308000014661-58000014661-5201780 334.29 609.9793.438306402970054-56402970054-5201780 297.55 609.9793.438308000014661-58000014661-5201780 3,490.62 701.9950.438308000014661-58000014661-5201780 18,023.68 1,933.46 701.0000.14120ATF, OILCHAMBERLAIN OIL COMPANY INC498406-00201781MAIN01/30/2025 135.26 101.5130.44020MOPS, MATS JPM 012125CINTAS INC4218472155201782MAIN01/30/2025 105 Item 14. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 8/30Page : 02/06/2025 11:55 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/24/2025 - 02/06/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 42.57 701.9950.42172RUGS, SHOP TOWELS, UNIFORM RENTAL 0120254218381899201782 42.28 701.9950.44020RUGS, SHOP TOWELS, UNIFORM RENTAL 0120254218381899201782 220.11 110.00 101.1940.44020WINDOW CLEANING 1124-CHCITY WIDE WINDOW SERVICE INC742466201783MAIN01/30/2025 128.00 240.5500.44020WINDOW CLEANING 1224742254201783 238.00 23.97 101.1110.43250011525 934571297COMCAST231272986201784MAIN01/30/2025 33.55 101.1320.43250011525 934571297231272986201784 52.73 101.1510.43250011525 934571297231272986201784 4.79 101.1940.43250011525 934571297231272986201784 134.21 101.2100.43250011525 934571297231272986201784 119.83 101.2200.43250011525 934571297231272986201784 62.31 101.3100.43250011525 934571297231272986201784 19.17 101.3121.43250011525 934571297231272986201784 9.59 101.5000.43250011525 934571297231272986201784 33.55 101.5129.43250011525 934571297231272986201784 9.59 101.5200.43250011525 934571297231272986201784 14.38 201.2400.43250011525 934571297231272986201784 23.97 204.6314.43250011525 934571297231272986201784 9.59 225.9844.43250011525 934571297231272986201784 196.53 240.5500.43250011525 934571297231272986201784 9.59 601.9600.43250011525 934571297231272986201784 9.59 602.9600.43250011525 934571297231272986201784 640.38 609.9791.43250011525 934571297231272986201784 616.41 609.9792.43250011525 934571297231272986201784 602.03 609.9793.43250011525 934571297231272986201784 9.59 701.9950.43250011525 934571297231272986201784 129.40 720.9980.43250011525 934571297231272986201784 2,764.75 900.00 240.5500.44000SAM LICENSE/MAINTENANCE & SUPPORT 021125-021026COMPRISE TECHNOLOGIES, INC.2025-156201785MAIN01/30/2025 932.00 240.5500.44030SAM LICENSE/MAINTENANCE & SUPPORT 021125-0210262025-156201785 1,832.00 103.76 101.5129.43810SOLAR POWERCORNILLIE 2 COMMUNITY SOLAR18418201786MAIN01/30/2025 4.30 604.9600.43810SOLAR POWER18418201786 108.06 395.75 609.0000.14500010825 INVDANGEROUS MAN BREWING CO LLCIN-6490201787MAIN01/30/2025 1,395.00 101.3170.42171SIGN POST, 3HR PARKING, NO PARKING, EMERGENCY VEHICLES ONL- GOULDEARL F ANDERSEN INC0138494-IN201788MAIN01/30/2025 106 Item 14. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 9/30Page : 02/06/2025 11:55 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/24/2025 - 02/06/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 1,302.50 101.5200.42171SIGN POST, 3HR PARKING, NO PARKING, EMERGENCY VEHICLES ONL- GOULD0138494-IN201788 2,697.50 63.25 201.2400.43500PHN JAN 7 PH ZONING TEXT AMENDMENT 122024ECM PUBLISHERS INC1028974201789MAIN01/30/2025 693.00 609.0000.14500011425 INVEMERALD ELEMENTS2796201790MAIN01/30/2025 87.64 601.9600.42160JOINT BRASS COUPLINGFERGUSON WATERWORKS INC0541703201791MAIN01/30/2025 198.90 601.9600.42160FLARED BALL CORPORATION STOP, JOINT BRASS BALL CORP VALVE0541714201791 286.54 150.00 101.2100.43050GRAPHICS SQUAD #8211FINISHING TOUCH CAR CARE INC416395201792MAIN01/30/2025 425.00 101.2100.43050GRAPHICS VINYL & DESIGN SURVIELLANCE TRAILER #8244415665201792 170.00 101.2100.43050GRAPHICS ON #2 E-BIKES415648201792 1,350.00 431.2100.45150GRAPHICS SQUAD #8243416396201792 1,350.00 431.2100.45150GRAPHICS SQUAD #8240416390201792 3,445.00 1,099.37 101.2200.42010LOOSE EQUIPMENT MOUNTING SUPPLIES A6FIRE EQUIPMENT SPECIALTIES21330201793MAIN01/30/2025 3,517.50 101.2200.44030RECORDS MANAGEMENT SYSTEM EPCR 2025FIRST DUE3496201794MAIN01/30/2025 42.30 701.0000.14120FILTERSFLEETPRIDE INC122748518201795MAIN01/30/2025 89.50 701.0000.14120FILTERS122773467201795 10.24 701.0000.14120FILTERS122893765201795 263.73 701.0000.14120FILTERS122890815201795 405.77 1,237.55 604.9600.43050MORITZ POND ALGAE TREATMENTFRIDLEY/CITY OFINV03256201796MAIN01/30/2025 5.44 701.0000.14120AMP BREAKERGENUINE PARTS/NAPA AUTO995072201797MAIN01/30/2025 444.80 609.0000.14500011325 INVGLOBAL RESERVE LLCORD-14247201798MAIN01/30/2025 1,318.11 609.0000.14500011325 INVORD-14249201798 845.00 609.0000.14500010625 INVORD-14024201798 2,607.91 26,100.03 431.2100.45150FULL BUILD 2024 FORD VIN 50856 SQUAD #8240GUARDIAN FLEET SAFETY, LLC301539201799MAIN01/30/2025 522.00 701.0000.14120CUTTING EDGESH & L MESABI14207201800MAIN01/30/2025 1,400.00 604.9600.443302025 MEMBERSHIP: CLEAN WATER MN & ADOPT-A-DRAINHAMLINE UNIVERSITY121724201801MAIN01/30/2025 720.00 720.9980.43211CELL PHONE 2024HANSON/JEFFREY2024201802MAIN01/30/2025 225.19 720.9980.43310MILEAGE 2024HANSON/JEFFREY2024201803MAIN01/30/2025 225.17 720.9980.43211CELL PHONE 0724-1224HASS/JEFF2024201804MAIN01/30/2025 107 Item 14. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 10/30Page : 02/06/2025 11:55 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/24/2025 - 02/06/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 114.10 720.9980.43211MILEAGE 2024HASS/JEFF2024201805MAIN01/30/2025 2,045.86 601.9600.42160FILL SANDHASSAN SAND & GRAVEL183619201806MAIN01/30/2025 406.84 601.9600.42160FILL SAND183630201806 2,452.70 866.65 609.0000.14500011725 INVHOHENSTEINS INC787712201807MAIN01/30/2025 4,832.15 609.0000.14500011025 INV785849201807 5,698.80 9.27 101.5200.421719V BATTERIESHOME DEPOT #28026015943201808MAIN01/30/2025 278.97 601.9600.42010GRINDER, SHOP VAC5016140201808 218.85 601.9600.42171SAW, WRENCH, SHOVEL, HOSE1023390201808 507.09 240.10 101.2100.42171HND TWLS, WIPES, LNRS, DISINF, SOAPIMPERIAL DADE4326680201809MAIN01/30/2025 240.10 101.2200.42171HND TWLS, WIPES, LNRS, DISINF, SOAP4326680201809 480.20 4.59 101.1320.42000LABELSINNOVATIVE OFFICE SOLUTIONS LLCIN4724703201810MAIN01/30/2025 47.41 101.2200.42000CALENDARS, APPOINTMENT BOOKSIN4730287201810 16.42 101.2200.42000APPOINTMENT BOOKIN4731491201810 68.42 570.00 609.0000.14500012025 INVINSIGHT BREWING COMPANY, LLC21191201811MAIN01/30/2025 137.88 101.2100.42171MOGUL BASE S55 CLEAR LAMPJ H LARSON ELECTRIC COMPANYS103242598.001201812MAIN01/30/2025 2,671.08 101.1940.44020INSTALL PARKING LOT LIGHTS-CHJ. BECHER & ASSOC INC2413091-F201813MAIN01/30/2025 155.15 101.1940.44020REPAIR DAMAGED OUTLETS-590 40TH BOXING GYM2413095-F201813 197.38 101.1940.44020INSPECTION & PERMIT 0924-1224-CH2413673-F201813 9,695.00 101.2100.44020INSTALL 2 EV CHARGING STATIONS2413094-F201813 408.92 101.3170.44000REPAIR CH LIGHTED SIGN-37TH & HUSET2413097-F201813 635.21 101.5200.44000REPLACE EXTERIOR LIGHT-KEYES WARMING HOUSE24113099-F201813 1,715.30 101.5200.44000REPLACE LIGHTS-KEYES SLIDE HILL2413098-F201813 866.10 240.5500.44020REPAIR DRIVERS-LIBRARY2413087-F201813 214.66 432.9699.44000.2409REWORK ELECT CIRCUIT FOR CRADLE POINT - HILLTOP WATER TOWER2413096-F201813 214.65 433.9699.44000.2409REWORK ELECT CIRCUIT FOR CRADLE POINT - HILLTOP WATER TOWER2413096-F201813 16,773.45 324.54 101.2200.42010FORCIBLE ENTRY TOOLJEFFERSON FIRE & SAFETY INCIN322382201814MAIN01/30/2025 1,631.63 101.2200.42010ELKHART SWIVEL & SMOOTH BORE HOSE NOZZELSPB002024201814 2,176.12 101.2200.42010KEY TRUE-ID FIRE HOSE A6PB002028201814 108 Item 14. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 11/30Page : 02/06/2025 11:55 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/24/2025 - 02/06/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 4,132.29 2,748.26 701.0000.14120BRINE PUMP, SIDE PORTS, VALVE CHECKKANDI KOUNTRY INC474538201815MAIN01/30/2025 150.00 101.2100.43050DECONTAMINATION SQUAD #8212 KROPIDLOWSKI/MARK133819201816MAIN01/30/2025 400.00 101.1110.44376MUSICAL PERFORMANCE SNOWBLAST 020125LAKE/ANDREW J011525201817MAIN01/30/2025 281.19 101.2100.43250LANGUAGE LINE 1224LANGUAGELINE SOLUTIONS11487048201818MAIN01/30/2025 1,137.51 101.2100.43050TRANSLATION SVCS 1224LIONBRIDGE TECHNOLOGIES, LLC67840201819MAIN01/30/2025 1,360.00 101.2100.43050MANDATORY CHECK INS, THERAPY SESSIONSMARIE RIDGEWAY LICSW LLC3042201820MAIN01/30/2025 2,207.94 609.0000.14500011425 INVMAVERICK BEVERAGE COMPANY MINNESOTAINV1478900201821MAIN01/30/2025 16.50 609.9791.42199011425 INVINV1478900201821 2,224.44 593.25 609.0000.14500011725 INVMCDONALD DISTRIBUTING CO788095201822MAIN01/30/2025 737.61 609.0000.14500011025 INV786777201822 (93.37)609.0000.14500011725 INV788247201822 (27.50)609.0000.14500011025 INV786867201822 1,209.99 121.00 609.0000.14500012225 INVMEGA BEER LLCIN-20302201823MAIN01/30/2025 50.83 101.2100.42175BOTTLED WATERMENARDS CASHWAY LUMBER-FRIDLEY21755201824MAIN01/30/2025 48.43 101.2200.42171SCREWS, PAPER TWLS, PAPER PLATES22306201824 23.66 101.2200.42171SPACKLE, PTTY KNIFE, SANDING SPONGE, CMND STRIPS, PICTURE HNGR, MOUNT TAPE21878201824 5.93 101.3121.42171UNDER CABINET LIGHT, T-REX SUPER CLUE TAPE21997201824 0.50 101.3121.42171WALL ANCHOR21946201824 1.27 101.3121.42171CHARCOAL PLYWOOD22054201824 35.97 101.3170.42171CORD CLIPS, CABLE TIE, SAE RAT WRENCH22023201824 5.95 101.5200.42171UNDER CABINET LIGHT, T-REX SUPER CLUE TAPE21997201824 0.51 101.5200.42171WALL ANCHOR21946201824 1.27 101.5200.42171CHARCOAL PLYWOOD22054201824 5.95 601.9600.42171UNDER CABINET LIGHT, T-REX SUPER CLUE TAPE21997201824 0.51 601.9600.42171WALL ANCHOR21946201824 1.27 601.9600.42171CHARCOAL PLYWOOD22054201824 5.95 602.9600.42171UNDER CABINET LIGHT, T-REX SUPER CLUE TAPE21997201824 0.50 602.9600.42171WALL ANCHOR21946201824 1.27 602.9600.42171CHARCOAL PLYWOOD22054201824 277.35 603.9530.42171ORGANIC BUCKETS22021201824 5.95 701.9950.42171UNDER CABINET LIGHT, T-REX SUPER CLUE TAPE21997201824 0.51 701.9950.42171WALL ANCHOR21946201824 1.27 701.9950.42171CHARCOAL PLYWOOD22054201824 109 Item 14. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 12/30Page : 02/06/2025 11:55 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/24/2025 - 02/06/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 474.85 200.00 101.2100.443302025 ANNUAL MEMBERSHIPMID STATES ORGANIZED CRIME INFO0251411-IN201825MAIN01/30/2025 417.75 701.0000.14120BATTERY, EEC TEST MIDWAY FORD631615201826MAIN01/30/2025 43.90 101.6102.42010SPEEDCUT NAN SAWMINNEAPOLIS SAW CO INC189458201827MAIN01/30/2025 285.00 609.0000.14500010925 INVMINOCQUA BREWING COMPANY12192025-A201828MAIN01/30/2025 310.00 101.5000.44330MEMBERSHIP WINDSCHITL 2025MN REC & PK ASSOC - MRPA012225201829MAIN01/30/2025 328.01 609.0000.14500010925 INVMODIST BREWING CO LLCE-56273201830MAIN01/30/2025 251.48 101.5200.44000REPAIR FURNACE-KEYES PARK BUILDING NORTHLAND REFRIGERATION INCORPORATE5635201831MAIN01/30/2025 260.00 609.9792.44020REPAIR CIRCUIT ONE-TV25678201831 511.48 90.16 240.5500.42000COPY PAPER,BAND-AIDSOFFICE DEPOT396179484001201832MAIN01/30/2025 272.66 101.1510.42030W2'S, W2 ENVELOPESOFFICE DEPOT402171897001201833MAIN01/30/2025 9.49 609.9791.42000TRASH BAGS, PAPER TOWELS, PENS397057939001201833 104.14 609.9791.42171TRASH BAGS, PAPER TOWELS, PENS397057939001201833 32.48 609.9792.42171TRASH BAGS, PAPER TOWELS, PENS397057939001201833 418.77 800.00 101.1110.44376SNOWBLAST PONY RIDES 020125OLSON/JOANNA132351201834MAIN01/30/2025 146.00 101.5200.44100SATELLITE RENT-HUSETON SITE SANITATION INC0001830506201835MAIN01/30/2025 74.00 101.5200.44100SATELLITE RENT-KEYES0001830507201835 74.00 101.5200.44100SATELLITE RENT-LABELLE0001830508201835 74.00 101.5200.44100SATELLITE RENT-MCKENNA0001830509201835 220.00 101.5200.44100SATELLITE RENT-SULLIVAN 0001830510201835 74.00 101.5200.44100SATELLITE RENT-HUSET0001830511201835 74.00 101.5200.44100SATELLITE RENT-OSTRANDER0001830512201835 22.00 101.5200.44100SATELLITE RENT-KEYES0001835609201835 758.00 387.00 101.2200.43050PREPLACEMENT MEDICAL EXAM PERFORMANCE PLUS LLC11062197201836MAIN01/30/2025 (7.07)101.0000.20815122624 - 10013121 POPP.COM INC992861146201837MAIN01/30/2025 8.89 101.1110.43210122624 - 10013121 992861146201837 13.85 101.1110.43210123124 -10010429992862163201837 16.03 101.1320.43210122624 - 10013121 992861146201837 13.85 101.1320.43210123124 -10010429992862163201837 46.21 101.1510.43210122624 - 10013121 992861146201837 13.85 101.1510.43210123124 -10010429992862163201837 110 Item 14. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 13/30Page : 02/06/2025 11:55 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/24/2025 - 02/06/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 3.79 101.1940.43210122624 - 10013121 992861146201837 102.13 101.1940.43210123124 -10010429992862163201837 144.48 101.2100.43210122624 - 10013121 992861146201837 61.73 101.2200.43210122624 - 10013121 992861146201837 77.04 101.3100.43210122624 - 10013121 992861146201837 1.24 101.3121.43210122624 - 10013121 992861146201837 43.66 101.5000.43210122624 - 10013121 992861146201837 12.91 101.5000.43210123124 -10010429992862163201837 1.36 101.5129.43210122624 - 10013121 992861146201837 57.06 101.5129.43210123124 -10010429992862163201837 4.88 101.5200.43210122624 - 10013121 992861146201837 1,341.03 101.9200.43210122624 - 10013121 992861146201837 17.90 201.2400.43210122624 - 10013121 992861146201837 48.82 204.6314.43210122624 - 10013121 992861146201837 13.85 204.6314.43210123124 -10010429992862163201837 15.40 601.9600.43210010425 10013125992862999201837 3.51 601.9600.43210122624 - 10013121 992861146201837 15.41 602.9600.43210010425 10013125992862999201837 15.41 604.9600.43210010425 10013125992862999201837 51.75 609.9791.43210122624 - 10013121 992861146201837 31.40 609.9792.43210122624 - 10013121 992861146201837 10.90 609.9793.43210122624 - 10013121 992861146201837 3.54 701.9950.43210122624 - 10013121 992861146201837 9.99 720.9980.43210122624 - 10013121 992861146201837 13.85 720.9980.43210123124 -10010429992862163201837 2,208.65 14.58 609.9791.42171011425 WATERPREMIUM WATERS INC310563815201838MAIN01/30/2025 78.00 101.2200.42171HELMET NAME DECALS PRO GRAPHICS8514201839MAIN01/30/2025 297.00 609.0000.14500011425 INVPRYES BREWING COMPANY LLCW-90729201840MAIN01/30/2025 421.50 609.0000.14500010725 INVW-903.54201840 718.50 5,000.00 408.6411.44600FACADE IMPROVEMENT 4030 CENTRAL AVE NEQUINCY RAVEN COMMERCIAL PROP22012025201841MAIN01/30/2025 319.40 609.0000.14500011625 INVRED BULL DISTRIBUTION CO INC501485730201842MAIN01/30/2025 45.70 101.2100.44000SHREDDING 123024ROHN INDUSTRIES INC0039333201843MAIN01/30/2025 1,000.00 884.0000.15510INSURANCE SERVICE 0225ROSS NESBIT AGENCIES, INC020125201844MAIN01/30/2025 11.37 240.5500.42171PAINT BRUSH SHERWIN WILLIAMS2668-4201845MAIN01/30/2025 144.00 609.0000.14500011525 INVSMALL LOT MNMN87062201846MAIN01/30/2025 111 Item 14. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 14/30Page : 02/06/2025 11:55 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/24/2025 - 02/06/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 8.49 101.1320.42000LABELS, NAPKINS, PENS, POST IT NOTESSTAPLES ADVANTAGE6019834761201847MAIN01/30/2025 18.49 101.1510.420301096 FORMS60189474410201847 22.67 101.1940.42000LABELS, NAPKINS, PENS, POST IT NOTES6019834761201847 30.30 101.1940.42171LABELS, NAPKINS, PENS, POST IT NOTES6019834761201847 46.96 101.2200.42000DESKPAD CALENDARS6021018811201847 169.96 101.5000.42000COPY PAPER6019834762201847 296.87 291.00 101.2100.42172CARRIER STREICHER'S GUN'S INC/DONI1738146201848MAIN01/30/2025 49.99 101.2100.42172DUTY GLOVESI1738036201848 223.99 101.2100.42172BOOTS, GLOVESI1739020201848 564.98 202.75 881.5000.42170SOFTBALL SHIRTS - DOMEBALLTAHO SPORTSWEAR25TS00174201849MAIN01/30/2025 9,935.82 240.5500.44000SYSTEM SUPPORT AGREEMENT 010125-123125TECH LOGIC INCINV21002052201850MAIN01/30/2025 278.75 701.9950.42171SWITCH KIT, COUPLER, PIN CLIPSTERMINAL SUPPLY CO, INC89479-00201851MAIN01/30/2025 174.32 101.3121.42171SCOTT SHOP TOWELS, MICROFIBER RAGS-PWULINE INC184515581201852MAIN01/30/2025 250.60 101.3121.42171TRASH LINERS - PW185417474201852 133.20 101.3121.42171BLOWN, 80 GAUGE - PW185991206201852 193.41 101.3121.42171SCOTT SHOP TOWELS -PW187723564201852 180.26 101.3121.42171EARPLUGS - UNCORDED PW187414204201852 322.05 101.3121.42171STEEL PAIL 5 GAL, LOCK LID, STICKY NOTES- PW186995786201852 1,253.84 120.67 609.9791.44020011425 MOPS,MATS,TOWELSVESTIS SERVICES. LLC2500587108201853MAIN01/30/2025 120.67 609.9791.44020012125 MOPS,MATS,TOWELS2500590811201853 162.38 609.9792.44020011625 MOPS,MATS,TOWELS2500589222201853 162.38 609.9792.44020012325 MOPS,MATS,TOWELS2500592378201853 77.91 609.9793.44020011625 MOPS,MATS,TOWELS2500588726201853 77.91 609.9793.44020012325 MOPS,MATS,TOWELS2500592366201853 721.92 1,008.00 609.0000.14500010925 INVVINOCOPIA INC0366097-IN201854MAIN01/30/2025 16.50 609.9792.42199010925 INV0366097-IN201854 1,024.50 335.27 609.9791.43810SOLAR POWERVIRIDI INVESTMENTS LLC11192024-CH201855MAIN01/30/2025 194.13 609.9791.43810SOLAR POWER12172024-CH201855 136.85 609.9791.43810SOLAR POWER01162025-CH201855 666.25 112 Item 14. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 15/30Page : 02/06/2025 11:55 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/24/2025 - 02/06/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 5,048.55 101.2100.44030SCHEDULE PROGRAM 0325 - 0226VISUAL COMPUTER SOLUTIONS INC21760201856MAIN01/30/2025 334.04 603.9510.42930YARD WASTE ROLLOFF 0125WASTE MANAGEMENT OF WI-MN INC9952281-0500-4201857MAIN01/30/2025 2,500.00 412.5200.43050SULLIVAN LAKE PARK PLANWSB & ASSOCIATES INCR-026551-000-4201858MAIN01/30/2025 (88.40)101.0000.2081051-8335212-3XCEL ENERGY (N S P)1154639951201859MAIN01/30/2025 (11.22)101.0000.2081551-0014068181-71154383328201859 11.37 101.3160.4381051-7867950-21154178806201859 154.52 101.3160.4381051-7867659-81154172447201859 149.48 101.3160.4381051-0014819919-21154268532201859 203.54 101.5129.4381051-4350334-81154338183201859 145.58 101.5129.4381051-4697130-61154342507201859 62.52 101.5200.4381051-0012266105-31154189744201859 178.72 101.5200.4381051-0010057576-71154186137201859 38.68 101.5200.4381051-0011039127-71154377530201859 23.97 101.5200.4381051-9597586-91154196735201859 35.34 101.5200.4381051-8042065-31154166246201859 39.82 212.3190.4381051-9893848-41154189337201859 99.19 212.3190.4381051-0011980129-41154204601201859 864.71 228.6317.4381051-0013059132-81154230478201859 212.52 602.9600.4381051-0013099828-31154698095201859 54.69 604.9600.4381051-0010836533-81154374650201859 815.24 609.9792.4381051-8335212-31154639951201859 84.20 609.9793.4381051-0014068181-71154383328201859 3,074.47 64.79 720.9980.43310MILEAGE 2024XIONG/VAVXTRAVEL2024201860MAIN01/30/2025 1.66 432.0000.20120UB refund for account: 304-0295-00-02YOUA LEE10/14/2024201861MAIN01/30/2025 1.66 433.0000.20120UB refund for account: 304-0295-00-0210/14/2024201861 61.62 601.0000.20120UB refund for account: 304-0295-00-0210/14/2024201861 41.04 602.0000.20120UB refund for account: 304-0295-00-0210/14/2024201861 16.05 603.0000.20120UB refund for account: 304-0295-00-0210/14/2024201861 10.07 604.0000.20120UB refund for account: 304-0295-00-0210/14/2024201861 132.10 441.00 101.0000.20810DECEMBER SALES/USE TAXMINNESOTA DEPARTMENT OF REVENUE0-715-869-4081941(E)MAIN02/05/2025 190.00 101.0000.20815DECEMBER SALES/USE TAX0-715-869-4081941(E) 631.00 94,375.00 609.0000.20810DECEMBER LIQUOR SALES TAXMINNESOTA DEPARTMENT OF REVENUE0-337-054-9441942(E)MAIN02/05/2025 23,350.00 601.0000.20810DECEMBER UB SALES TAX 2024MINNESOTA DEPARTMENT OF REVENUE1-781-918-9441943(E)MAIN02/05/2025 113 Item 14. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 16/30Page : 02/06/2025 11:55 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/24/2025 - 02/06/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 156.80 609.0000.14500012225 INVARTISAN BEER COMPANY37411231944(A)MAIN02/06/2025 1,080.90 609.0000.14500012225 INV37411221944(A) 327.65 609.0000.14500012225 INV37411241944(A) 1,251.60 609.0000.14500012825 INV37425131944(A) 2,816.95 22.40 609.0000.14500012925 INV,BAGSBELLBOY BAR SUPPLY01094260001945(A)MAIN02/06/2025 120.55 609.0000.14500010825 INV01093442001945(A) (78.25)609.0000.14500011625 INV01093853001945(A) 167.50 609.9791.42171012925 INV,BAGS01094260001945(A) 263.00 609.9791.42171010825 INV01093442001945(A) 208.50 609.9792.42171012225 BAGS01093988001945(A) 703.70 1,703.85 609.0000.14500012225 INV//DELBELLBOY CORPORATION02064383001946(A)MAIN02/06/2025 1,144.00 609.0000.14500012225 INV/DEL02064863001946(A) 2,346.40 609.0000.14500012225 INV02064866001946(A) 759.50 609.0000.14500011525 INV02064087001946(A) (44.00)609.0000.14500012325 INV02065266001946(A) 32.00 609.9791.42199012225 INV02064866001946(A) 20.00 609.9792.42199012225 INV/DEL02064863001946(A) 22.00 609.9792.42199011525 INV02064087001946(A) 22.00 609.9793.42199012225 INV//DEL02064383001946(A) 6,005.75 33.85 609.0000.14500012125 INV 700297782BREAKTHRU BEVERAGE MN BEER LLC1196656311947(A)MAIN02/06/2025 319.05 609.0000.14500012125 INV 7002977171196670361947(A) 4,666.20 609.0000.14500011425 INV 7002977821195698521947(A) 390.55 609.0000.14500012225 INV 7002977361196906551947(A) 108.00 609.0000.14500011425 INV 7002977821195712471947(A) 163.15 609.0000.14500012925 INV 7002977361197899291947(A) 8,812.70 609.0000.14500012225 INV 7002977361196906541947(A) 329.00 609.0000.14500012825 INV 7002977171197630931947(A) 253.60 609.0000.14500012825 INV 7002977171197630921947(A) (136.75)609.0000.14500011525 INV 7002977824131558571947(A) (2.29)609.0000.14500011525 INV 7002977824131583991947(A) (12.80)609.0000.14500011525 INV 7002977824131584011947(A) (9.60)609.0000.14500011525 INV 7002977824131584021947(A) (39.20)609.0000.14500011525 INV 7002977824131584001947(A) (39.20)609.0000.14500011025 INV 7002977824131455011947(A) (44.00)609.0000.14500011425 INV 7002977824131557291947(A) (6.92)609.0000.14500012125 INV 7002977364131760411947(A) (17.60)609.0000.14500012125 INV 7002977364131760391947(A) 114 Item 14. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 17/30Page : 02/06/2025 11:55 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/24/2025 - 02/06/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date (27.70)609.0000.14500012125 INV 7002977364131760401947(A) (12.80)609.0000.14500012125 INV 7002977364131760381947(A) (16.80)609.0000.14500012125 INV 7002977364131760371947(A) (5.30)609.0000.14500012125 INV 7002977364131760361947(A) (11.00)609.0000.14500011425 INV 7002977364131550401947(A) (7.69)609.0000.14500011425 INV 7002977364131550411947(A) (12.00)609.0000.14500011425 INV 7002977364131550421947(A) (44.00)609.0000.14500011425 INV 7002977364131550391947(A) (25.60)609.0000.14500011425 INV 7002977364131550381947(A) (21.60)609.0000.14500011525 INV 7002977824131558581947(A) (19.60)609.0000.14500012725 INV 7002977364131928651947(A) (12.80)609.0000.14500012725 INV 7002977364131928641947(A) (51.20)609.0000.14500012725 INV 7002977364131928631947(A) (59.60)609.0000.14500012925 INV 7002977364131996121947(A) (13.07)609.0000.14500012725 INV 7002977824131950531947(A) (23.10)609.0000.14500012725 INV 7002977824131950541947(A) (50.40)609.0000.14500012725 INV 7002977824131950551947(A) 14,353.48 4,097.25 609.0000.14500012425 INV/DEL 700297717BREAKTHRU BEVERAGE MN W&S LLC1197419791948(A)MAIN02/06/2025 1,467.96 609.0000.14500012425 INV/DEL 7002977171197419831948(A) 791.10 609.0000.14500012425 INV/DEL 7002977171197423511948(A) 200.00 609.0000.14500012425 INV/DEL 7002977171197419811948(A) 302.54 609.0000.14500012425 INV/DEL 7002977171197419821948(A) 709.50 609.0000.14500012425 INV/DEL 7002977171197423501948(A) 580.50 609.0000.14500012425 INV/DEL 7002977361197423521948(A) 668.00 609.0000.14500012425 INV/DEL 7002977361197419861948(A) 151.27 609.0000.14500012425 INV/DEL 7002977361197419851948(A) 407.60 609.0000.14500011025 INV/DEL 7002977821195457581948(A) 562.50 609.0000.14500011725 INV 7002977171196480221948(A) 540.00 609.0000.14500011725 INV 7002977171196480191948(A) 679.00 609.0000.14500011725 INV 7002977171196480201948(A) 304.00 609.0000.14500011725 INV 7002977171196480211948(A) 432.00 609.0000.14500011725 INV 7002977361196480251948(A) 990.00 609.0000.14500011725 INV 7002977361196480231948(A) 272.01 609.0000.14500011725 INV 7002977361196480271948(A) 812.00 609.0000.14500011725 INV 7002977361196480281948(A) 2,700.00 609.0000.14500011725 INV 7002977361196480241948(A) 0.07 609.0000.14500011725 INV 7002977361196480261948(A) (123.34)609.0000.14500012725 INV/DEL 7002977824131949831948(A) 28.75 609.9791.42199012425 INV/DEL 7002977171197419791948(A) 8.05 609.9791.42199012425 DEL 7002977171197419801948(A)115 Item 14. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 18/30Page : 02/06/2025 11:55 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/24/2025 - 02/06/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 13.80 609.9791.42199012425 INV/DEL 7002977171197419831948(A) 8.05 609.9791.42199012425 INV/DEL 7002977171197423511948(A) 5.75 609.9791.42199012425 INV/DEL 7002977171197419811948(A) 0.38 609.9791.42199012425 INV/DEL 7002977171197419821948(A) 34.50 609.9791.42199012425 INV/DEL 7002977171197423501948(A) 4.60 609.9791.42199011725 INV 7002977171196480221948(A) 1.15 609.9791.42199011725 INV 7002977171196480191948(A) 8.05 609.9791.42199011725 INV 7002977171196480201948(A) 2.30 609.9791.42199011725 INV 7002977171196480211948(A) 27.60 609.9792.42199012425 INV/DEL 7002977361197423521948(A) 5.75 609.9792.42199012425 INV/DEL 7002977361197419861948(A) 0.19 609.9792.42199012425 INV/DEL 7002977361197419851948(A) 6.90 609.9792.42199011725 INV 7002977361196480251948(A) 11.50 609.9792.42199011725 INV 7002977361196480231948(A) 9.20 609.9792.42199011725 INV 7002977361196480271948(A) 12.65 609.9792.42199011725 INV 7002977361196480281948(A) 31.05 609.9792.42199011725 INV 7002977361196480241948(A) 8.05 609.9792.42199011725 INV 7002977361196480261948(A) 6.90 609.9793.42199011025 INV/DEL 7002977821195457581948(A) (2.30)609.9793.42199012725 INV/DEL 7002977824131949831948(A) 16,776.83 502.40 609.0000.14500012325 INVCAPITOL BEVERAGE SALES LP30882031949(A)MAIN02/06/2025 767.45 609.0000.14500012225 INV30875071949(A) 4,861.85 609.0000.14500012225 INV30874721949(A) 5,507.35 609.0000.14500013025 INV30910511949(A) 3,612.55 609.0000.14500012925 INV 30904281949(A) (67.50)609.0000.14500012225 INV30874711949(A) (5.20)609.0000.14500012325 INV30882021949(A) (43.23)609.0000.14500013025 INV 30910501949(A) 15,135.67 408.75 609.0000.14500011525 INVJOHNSON BROTHERS LIQUOR CO.27088891950(A)MAIN02/06/2025 124.08 609.0000.14500011725 INV27109211950(A) 193.00 609.0000.14500011725 INV27109191950(A) 73.00 609.0000.14500011725 INV27109221950(A) 1,133.00 609.0000.14500011725 INV27109241950(A) 1,204.00 609.0000.14500011725 INV27109231950(A) 86.00 609.0000.14500011725 INV27109201950(A) 180.00 609.0000.14500011525 INV27088871950(A) 112.50 609.0000.14500011525 INV27088881950(A) 159.05 609.0000.14500011525 INV27088861950(A) 833.50 609.0000.14500011725 INV27109171950(A) 116 Item 14. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 19/30Page : 02/06/2025 11:55 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/24/2025 - 02/06/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 1,636.00 609.0000.14500011725 INV27109161950(A) 112.00 609.0000.14500011725 INV27109181950(A) 1,116.00 609.0000.14500011725 INV27109141950(A) 120.00 609.0000.14500011725 INV27109151950(A) 629.90 609.0000.14500012525 INV/DEL27152901950(A) 1,064.00 609.0000.14500012525 INV/DEL27152881950(A) 88.00 609.0000.14500012525 INV/DEL27152851950(A) 1,041.50 609.0000.14500012325 INV/DEL27133761950(A) 260.00 609.0000.14500012325 INV/DEL27146111950(A) 16.00 609.0000.14500012325 INV/DEL27146101950(A) 162.00 609.0000.14500012325 INV/DEL27146091950(A) 1,459.25 609.0000.14500012325 INV/DEL27146081950(A) 431.30 609.0000.14500012325 INV/DEL27133721950(A) 160.00 609.0000.14500012325 INV/DEL27133831950(A) 702.00 609.0000.14500012325 INV/DEL27133811950(A) 188.96 609.0000.14500012325 INV/DEL27133801950(A) 926.00 609.0000.14500012325 INV/DEL27133791950(A) 223.70 609.0000.14500012325 INV27133781950(A) 456.75 609.0000.14500012325 INV/DEL27133771950(A) 44.00 609.0000.14500012325 INV/DEL27133851950(A) 240.00 609.0000.14500012325 INV/DEL27133861950(A) 320.00 609.0000.14500012325 INV/DEL27133871950(A) 107.50 609.0000.14500012325 INV/DEL27133881950(A) 108.00 609.0000.14500012325 INV/DEL27133891950(A) 112.00 609.0000.14500012325 INV/DEL27133901950(A) 99.00 609.0000.14500012325 INV/DEL27133911950(A) 416.00 609.0000.14500012525 INV/DEL27152911950(A) 56.00 609.0000.14500012525 INV/DEL27152921950(A) 1,664.00 609.0000.14500012525 INV/DEL27152891950(A) 0.00 609.0000.14500012725 INV27157151950(A) 0.00 609.0000.14500012725 IVNV27157141950(A) 278.25 609.0000.14500012425 INV/DEL27146121950(A) 832.00 609.0000.14500012525 INV/DEL27152961950(A) 560.00 609.0000.14500012525 INV/DEL27152951950(A) 88.00 609.0000.14500012525 INV/DEL27152931950(A) 164.00 609.0000.14500012425 INV/DEL27146141950(A) 907.50 609.0000.14500012425 INV/DEL27146131950(A) 391.50 609.0000.14500012325 INV/DEL27133971950(A) 402.86 609.0000.14500012325 INV/DEL27133961950(A) 300.00 609.0000.14500012325 INV/DEL27133951950(A) 272.00 609.0000.14500012325 INV/DEL27133941950(A) 99.25 609.0000.14500012325 INV/DEL27133931950(A)117 Item 14. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 20/30Page : 02/06/2025 11:55 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/24/2025 - 02/06/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 110.00 609.0000.14500012325 INV/DEL27133921950(A) 171.00 609.0000.14500012325 INV/DEL27133841950(A) 159.05 609.0000.14500012325 INV/DEL27133751950(A) 431.30 609.0000.14500012325 INV/DEL27133731950(A) (5.33)609.0000.14500011025 INV1216721950(A) (4.30)609.0000.14500011025 INV1216751950(A) (415.00)609.0000.14500011725 INV1224331950(A) (415.00)609.0000.14500011625 INV1222351950(A) (10.04)609.0000.14500011025 INV1216731950(A) 7.00 609.9791.42199011725 INV27109171950(A) 29.40 609.9791.42199011725 INV27109161950(A) 15.40 609.9791.42199011725 INV27109141950(A) 4.20 609.9791.42199011725 INV27109151950(A) 4.20 609.9791.42199012525 INV/DEL27152901950(A) 26.60 609.9791.42199012525 INV/DEL27152881950(A) 1.40 609.9791.42199012525 INV/DEL27152851950(A) 14.00 609.9791.42199012325 INV/DEL27133761950(A) 7.00 609.9791.42199012325 INV/DEL27146111950(A) 1.40 609.9791.42199012325 INV/DEL27146101950(A) 4.20 609.9791.42199012325 INV/DEL27146091950(A) 16.80 609.9791.42199012325 INV/DEL27146081950(A) 5.84 609.9791.42199012325 INV/DEL27133721950(A) 2.80 609.9791.42199012325 INV/DEL27133831950(A) 7.70 609.9791.42199012325 INV/DEL27133811950(A) 1.40 609.9791.42199012325 INV/DEL27133801950(A) 18.90 609.9791.42199012325 INV/DEL27133791950(A) 11.20 609.9791.42199012325 INV/DEL27133771950(A) 50.40 609.9791.42199012525 INV/DEL27152891950(A) (7.00)609.9791.42199011725 INV1224331950(A) 12.60 609.9792.42199011525 INV27088891950(A) 4.90 609.9792.42199011725 INV27109211950(A) 2.80 609.9792.42199011725 INV27109221950(A) 15.40 609.9792.42199011725 INV27109241950(A) 19.60 609.9792.42199011725 INV27109231950(A) 1.40 609.9792.42199011525 INV27088871950(A) 1.40 609.9792.42199011525 INV27088881950(A) 4.20 609.9792.42199011525 INV27088861950(A) 2.80 609.9792.42199012425 INV/DEL27146121950(A) 25.20 609.9792.42199012525 INV/DEL27152961950(A) 14.00 609.9792.42199012525 INV/DEL27152951950(A) 1.40 609.9792.42199012525 INV/DEL27152931950(A) 5.60 609.9792.42199012425 INV/DEL27146141950(A)118 Item 14. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 21/30Page : 02/06/2025 11:55 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/24/2025 - 02/06/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 21.00 609.9792.42199012425 INV/DEL27146131950(A) 4.20 609.9792.42199012325 INV/DEL27133971950(A) 0.70 609.9792.42199012325 DEL27133821950(A) 4.20 609.9792.42199012325 INV/DEL27133961950(A) 7.00 609.9792.42199012325 INV/DEL27133951950(A) 2.80 609.9792.42199012325 INV/DEL27133941950(A) 1.40 609.9792.42199012325 INV/DEL27133931950(A) 1.40 609.9792.42199012325 INV/DEL27133921950(A) 1.40 609.9792.42199012325 INV/DEL27133841950(A) 4.20 609.9792.42199012325 INV/DEL27133751950(A) 3.50 609.9792.42199012325 INV/DEL27133731950(A) (7.00)609.9792.42199011625 INV1222351950(A) 5.60 609.9793.42199011725 INV27109191950(A) 1.40 609.9793.42199011725 INV27109201950(A) 1.40 609.9793.42199011725 INV27109181950(A) 1.40 609.9793.42199012325 INV/DEL27133851950(A) 2.80 609.9793.42199012325 INV/DEL27133861950(A) 7.00 609.9793.42199012325 INV/DEL27133871950(A) 1.40 609.9793.42199012325 INV/DEL27133881950(A) 1.40 609.9793.42199012325 INV/DEL27133891950(A) 4.20 609.9793.42199012325 INV/DEL27133901950(A) 1.40 609.9793.42199012325 INV/DEL27133911950(A) 12.60 609.9793.42199012525 INV/DEL27152911950(A) 1.40 609.9793.42199012525 INV/DEL27152921950(A) 23,204.72 367.26 701.0000.14120PLOW NOSE PIECESMAC QUEEN EQUIPMENT LLCP621811951(A)MAIN02/06/2025 200.00 609.0000.14500011725 INVPHILLIPS WINE & SPIRITS INC69153431952(A)MAIN02/06/2025 319.55 609.0000.14500011725 INV69153441952(A) 49.50 609.0000.14500011725 INV69153381952(A) 264.00 609.0000.14500011725 INV69153391952(A) 28.05 609.0000.14500011725 INV69153411952(A) 616.00 609.0000.14500011725 INV69153371952(A) 319.55 609.0000.14500011725 INV69153471952(A) 63.00 609.0000.14500011725 INV69153421952(A) 247.50 609.0000.14500011725 INV69153401952(A) 484.00 609.0000.14500011725 INV69153451952(A) 326.25 609.0000.14500011725 INV69153461952(A) 40.60 609.0000.14500012325 INV/DEL69181441952(A) 120.00 609.0000.14500012325 INV/DEL69181431952(A) 63.00 609.0000.14500012325 INV69181421952(A) 299.70 609.0000.14500012325 INV/DEL69181411952(A) 119 Item 14. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 22/30Page : 02/06/2025 11:55 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/24/2025 - 02/06/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 360.00 609.0000.14500012325 INV/DEL69181401952(A) 296.95 609.0000.14500012325 INV/DEL69181391952(A) 586.25 609.0000.14500012325 INV/DEL69181381952(A) 308.00 609.0000.14500012325 INV/DEL69181371952(A) 40.60 609.0000.14500012425 INV/DEL69181521952(A) 211.50 609.0000.14500012425 INV/DEL69181511952(A) 144.14 609.0000.14500012425 INV/DEL69181501952(A) 224.00 609.0000.14500012425 INV/DEL69181491952(A) 115.75 609.0000.14500012425 INV/DEL69181481952(A) 586.25 609.0000.14500012425 INV/DEL69181471952(A) 440.00 609.0000.14500012425 INV/DEL69181461952(A) 134.25 609.0000.14500011025 INV/DEL69119341952(A) 89.50 609.0000.14500012925 INV/DEL69204731952(A) 1.40 609.9791.42199011725 INV69153381952(A) 4.20 609.9791.42199011725 INV69153391952(A) 1.40 609.9791.42199011725 INV69153411952(A) 19.60 609.9791.42199011725 INV69153371952(A) 1.40 609.9791.42199011725 INV69153401952(A) 0.35 609.9791.42199012325 INV/DEL69181441952(A) 1.40 609.9791.42199012325 INV/DEL69181431952(A) 4.20 609.9791.42199012325 INV/DEL69181411952(A) 7.00 609.9791.42199012325 INV/DEL69181401952(A) 2.80 609.9791.42199012325 INV/DEL69181391952(A) 8.40 609.9791.42199012325 INV/DEL69181381952(A) 9.80 609.9791.42199012325 INV/DEL69181371952(A) 8.40 609.9792.42199011725 INV69153471952(A) 15.40 609.9792.42199011725 INV69153451952(A) 4.20 609.9792.42199011725 INV69153461952(A) 0.35 609.9792.42199012425 INV/DEL69181521952(A) 1.40 609.9792.42199012425 INV/DEL69181511952(A) 4.20 609.9792.42199012425 INV/DEL69181501952(A) 3.26 609.9792.42199012425 INV/DEL69181491952(A) 1.40 609.9792.42199012425 INV/DEL69181481952(A) 8.40 609.9792.42199012425 INV/DEL69181471952(A) 14.00 609.9792.42199012425 INV/DEL69181461952(A) 5.60 609.9793.42199011725 INV69153431952(A) 8.40 609.9793.42199011725 INV69153441952(A) 4.20 609.9793.42199011025 INV/DEL69119341952(A) 2.80 609.9793.42199012925 INV/DEL69204731952(A) 1.40 609.9793.42199012925 DEL69204721952(A) 7,123.25 120 Item 14. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 23/30Page : 02/06/2025 11:55 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/24/2025 - 02/06/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 766.54 609.0000.14500011625 INVSOUTHERN GLAZER'S25784601953(A)MAIN02/06/2025 381.94 609.0000.14500011625 INV25784631953(A) 418.40 609.0000.14500012325 INV/DEL25809701953(A) 539.98 609.0000.14500012325 INV/DEL25809711953(A) 160.75 609.0000.14500012325 INV/DEL25809791953(A) 160.00 609.0000.14500012325 INV/DEL25809801953(A) 103.47 609.0000.14500012325 INV/DEL25809811953(A) 340.00 609.0000.14500012325 INV/DEL 25811091953(A) 99.00 609.0000.14500012325 INV/DEL25811111953(A) 812.00 609.0000.14500012325 INV/DEL25809681953(A) 829.76 609.0000.14500012325 INV/DEL25809691953(A) 465.70 609.0000.14500012325 INV/DEL25809741953(A) 911.14 609.0000.14500012325 INV/DEL25809751953(A) 706.08 609.0000.14500012325 INV/DEL25809781953(A) 1,270.50 609.0000.14500012325 INV/DEL25809821953(A) 357.28 609.0000.14500012325 INV/DEL25809831953(A) 934.00 609.0000.14500011625 INV/DEL25784611953(A) 1,009.00 609.0000.14500012325 INV/DEL25809861953(A) 154.35 609.0000.14500012325 INV/DEL25809881953(A) 103.47 609.0000.14500012325 INV/DEL25809911953(A) 212.64 609.0000.14500012325 INV/DEL25809921953(A) 420.00 609.0000.14500012325 INV/DEL25809931953(A) 160.72 609.0000.14500012325 INV/DEL25809941953(A) 117.00 609.0000.14500011625 INV25784591953(A) 99.00 609.0000.14500011625 INV25784641953(A) 0.64 609.9791.42199012325 DEL25809661953(A) 2.99 609.9791.42199012325 INV/DEL25809701953(A) 7.68 609.9791.42199012325 INV/DEL25809711953(A) 1.39 609.9791.42199012325 INV/DEL25809791953(A) 1.28 609.9791.42199012325 INV/DEL25809801953(A) 0.85 609.9791.42199012325 INV/DEL25809811953(A) 14.08 609.9791.42199012325 INV/DEL25809681953(A) 16.64 609.9791.42199012325 INV/DEL25809691953(A) 7.68 609.9791.42199012325 INV/DEL25809741953(A) 7.68 609.9791.42199012325 INV/DEL25809751953(A) 8.96 609.9791.42199012325 INV/DEL25809781953(A) 8.96 609.9791.42199012325 INV/DEL25809821953(A) 6.40 609.9791.42199012325 INV/DEL25809831953(A) 14.08 609.9792.42199011625 INV25784601953(A) 8.96 609.9792.42199011625 INV25784631953(A) 0.64 609.9792.42199012325 DEL25809851953(A) 5.12 609.9792.42199011625 INV/DEL25784611953(A)121 Item 14. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 24/30Page : 02/06/2025 11:55 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/24/2025 - 02/06/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 1.28 609.9792.42199012325 DEL25809841953(A) 21.76 609.9792.42199012325 INV/DEL25809861953(A) 5.12 609.9792.42199012325 INV/DEL25809881953(A) 0.85 609.9792.42199012325 INV/DEL25809911953(A) 5.12 609.9792.42199012325 INV/DEL25809921953(A) 17.92 609.9792.42199012325 INV/DEL25809931953(A) 1.28 609.9792.42199012325 INV/DEL25809941953(A) 0.75 609.9792.42199011625 INV25784591953(A) 1.28 609.9792.42199011625 INV25784641953(A) 1.28 609.9792.42199011625 DEL25784581953(A) 7.68 609.9793.42199012325 INV/DEL 25811091953(A) 1.28 609.9793.42199012325 INV/DEL25811111953(A) 11,712.35 170,821.01 603.9510.42910REFUSE & RECYCLING 1224WALTERS RECYCLING & REFUSE INC.00084773311954(A)MAIN02/06/2025 49,252.70 603.9510.42920REFUSE & RECYCLING 122400084773311954(A) 220,073.71 384.00 609.0000.14500012325 INV/DELWINE MERCHANTS75057051955(A)MAIN02/06/2025 4.43 609.9791.42199012325 INV/DEL75057051955(A) 388.43 113.00 609.0000.14500012125 INV56 BREWING LLC5628320201862MAIN02/06/2025 145.00 609.0000.14500011325 INV5628237201862 258.00 125.00 701.9950.43050PEST CONTROL-PW 011025ADAM'S PEST CONTROL, INC4048143201863MAIN02/06/2025 450.00 101.2200.42171HEARTSAFE PACKAGE - DIFIB PADSALLINA HEALTH SYSTEMSCI00058566201864MAIN02/06/2025 178.00 101.2100.443302025 DUES, MEETING EXPENSES MATT MARKHAM ANOKA COUNTY CHIEFS OF POLICE2025201865MAIN02/06/2025 178.00 101.2100.443302025 DUES, MEETING EXPENSES ERIK JOHNSTON2025201865 356.00 1,305.00 411.9999.43050.19113989 CENTRAL LEGAL SERVICES 1224BARNA GUZY & STEFFEN LTD291965201866MAIN02/06/2025 281.00 609.0000.14500012125 INVBARREL THEORY BEER COMPANY5808201867MAIN02/06/2025 1,497.50 101.1320.43050COBRA ADMIN;RETIREE BILLING 1224;RENEWAL FEES 25: COBRA,RETIREE, & FLEX PLAN;PARTICIPATION FEE 0125BENEFIT EXTRAS, INC.1135943201868MAIN02/06/2025 53.35 887.9250.43050COBRA ADMIN;RETIREE BILLING 1224;RENEWAL FEES 25: COBRA,RETIREE, & FLEX PLAN;PARTICIPATION FEE 01251135943201868 1,550.85 299.00 609.0000.14500012725 INVBERGMAN LEDGE LLCE-17928201869MAIN02/06/2025 311.00 609.0000.14500011325 INVE-17721201869 122 Item 14. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 25/30Page : 02/06/2025 11:55 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/24/2025 - 02/06/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 610.00 1,417.50 411.5500.43050CONSTRUCTION STAKING-LIB PARKING LOTBOLTON & MENK, INC0354144201870MAIN02/06/2025 8,119.50 415.6400.43050.2506ALLEY RECONSTRUCTION TOPOGRAPHIC SURVEYS0354141201870 9,562.00 415.6400.43050.25062025 ALLEY DESIGN0354142201870 19,099.00 240.00 609.0000.14500012225 INVBOURGET IMPORTS LLC214337201871MAIN02/06/2025 6.00 609.9791.42199012225 INV214337201871 246.00 200.00 883.0000.36230REFUND PAYMENT OF PRIOR ASSESSED INVOICEC4D HOMES LLC41027201872MAIN02/06/2025 169.29 101.2100.43250010424 333954365CENTURYLINK333954365201873MAIN02/06/2025 169.30 101.2200.43250010424 333954365333954365201873 338.59 42.88 101.5129.44020MOPS JPM 012825CINTAS INC4219191331201874MAIN02/06/2025 76.55 101.1940.44020RUGS-CH 011525CINTAS INC4217868717201875MAIN02/06/2025 76.55 101.1940.44020RUGS-CH 0122254218603193201875 153.10 66.00 101.5129.44020BEER LINE CLEANING 0125CLEAN BEVERAGE LINE25-HALL-1201876MAIN02/06/2025 148.80 720.9980.43310MILEAGE 2024COLSCH/KENNEDY2024201877MAIN02/06/2025 23.22 101.1110.43250121624 8772105050412606COMCAST121624201878MAIN02/06/2025 23.18 101.1110.43250011625 8772105050412606011625201878 46.40 132.00 601.9600.42010RADIO TRANSCEIVER CORE & MAIN LPW233274201879MAIN02/06/2025 58.76 609.0000.14500012425 INV/DELCRYSTAL SPRINGS ICE LLC01-500103201880MAIN02/06/2025 144.64 609.0000.14500012425 INV/DEL01-500102201880 227.20 609.0000.14500012425 INV/DEL01-500101201880 4.00 609.9791.42199012425 INV/DEL01-500102201880 4.00 609.9792.42199012425 INV/DEL01-500101201880 4.00 609.9793.42199012425 INV/DEL01-500103201880 442.60 321.00 609.0000.14500011525 INVDANGEROUS MAN BREWING CO LLCIN-6572201881MAIN02/06/2025 1,084.50 609.0000.14500012425 INVIN-6682201881 726.15 609.0000.14500012925 INVIN-6707201881 440.00 609.0000.14500012225 INVIN-6648201881 123 Item 14. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 26/30Page : 02/06/2025 11:55 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/24/2025 - 02/06/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 2,571.65 91.00 201.0000.32192FULL REFUND 2223 40TH DUPLICATE APPLICATIONDEANS HOME SERVICES2024-00656201882MAIN02/06/2025 180.00 201.0000.32192REFUND 2201 37TH APPLIED IN ERRORDESIGN 2 BUILD2025-00104201883MAIN02/06/2025 3,649.31 101.2100.45150TITLE, REGISTRATION MUSTANG MACH E VIN# 5953 #8246DRIVER AND VEHICLE SERVICESLICENSE VIN 5953201884MAIN02/06/2025 104.00 609.0000.14500012825 INVDUAL CITIZEN BREWING COMPANYPLATO3955201885MAIN02/06/2025 70.80 201.2400.43500PHN FEB 4 PH ZONING TXT AMEND & UP 011725ECM PUBLISHERS INC1032056201886MAIN02/06/2025 354.00 415.6400.43500.2506PHN 25 CONCRETE ALLEY IMP HEARING 0127251032055201886 424.80 345.83 701.9950.42171FASTENERSFASTENAL COMPANYMNSPR200960201887MAIN02/06/2025 284.67 601.9600.42160COUPLINGS, VALVESFERGUSON WATERWORKS INC0541814201888MAIN02/06/2025 1,986.27 601.9600.42160CLAMPS, COUPLINGS0541712201888 (96.75)601.9600.42160RTN BALL CORPCM041138201888 2,174.19 36.71 101.3121.43050ANNUAL ENROLLMENT 1224FIRST ADVANTAGE LNS SCREEN INC2504562412201889MAIN02/06/2025 360.66 609.0000.14500012725 INVGLOBAL RESERVE LLCORD-14584201890MAIN02/06/2025 91.00 609.0000.14500012125 INVGRAPE BEGINNINGS INCMN00160544201891MAIN02/06/2025 834.78 609.0000.14500012725 INV GREAT LAKES COCA-COLA DISTRBTN45338021019201892MAIN02/06/2025 765.45 609.0000.14500012025 INV 45245651013201892 843.14 609.0000.14500011425 INV45136524020201892 2,443.37 227.40 609.0000.14500011725 INVHOHENSTEINS INC787710201893MAIN02/06/2025 891.25 609.0000.14500011725 INV787713201893 2,865.55 609.0000.14500012425 INV789353201893 2,558.15 609.0000.14500012425 INV 789354201893 998.15 609.0000.14500012425 INV789352201893 7,540.50 19.97 601.9600.42171SAW BLADESHOME DEPOT #28024011283201894MAIN02/06/2025 79.94 601.9600.42171WRENCHES2011443201894 99.91 2,159.00 228.6317.44000PARKING RAMP LIGHT REPAIRJ. BECHER & ASSOC INC25130051-F201895MAIN02/06/2025 78.91 101.0000.20810REFUND DAMAGE DEPOSIT AND SECURITY DEPOSITJAROSZ/SETH012525201896MAIN02/06/2025 971.09 101.0000.34781REFUND DAMAGE DEPOSIT AND SECURITY DEPOSIT012525201896 124 Item 14. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 27/30Page : 02/06/2025 11:55 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/24/2025 - 02/06/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 1,050.00 235.37 101.2200.42171DICKE 28" POP-UP CONE W/ BAGJEFFERSON FIRE & SAFETY INCIN322991201897MAIN02/06/2025 1,440.00 604.9600.443302025 MCSC MEMBERSHIPLEAGUE OF MINNESOTA CITIES419807201898MAIN02/06/2025 69,225.00 884.9940.415102025 WORKERS COMP INSTALLMENT #1LEAGUE OF MN CITIES INS TRUST121824201899MAIN02/06/2025 169.03 101.1940.43050SERVICE COUNTER MICROPHONES - FINALLELCH AUDIO VIDEO23169201900MAIN02/06/2025 512.04 609.0000.14500012225 INVLIBATION PROJECT82523201901MAIN02/06/2025 8.00 609.9791.42199012225 INV82523201901 520.04 63.30 101.5200.43310GREEN EXPO PARKING & LUNCH 012125-012325LUND/TIM012325201902MAIN02/06/2025 271.98 609.9791.44020REPAIR POWER SUPPLY ISSUE-TV1LVC COMPANIES INC155010201903MAIN02/06/2025 58.53 101.1110.43310FOOD & TRAVEL REIMBURSEMENT 1224MARQUEZ SIMULA/AMADA120924201904MAIN02/06/2025 242.58 609.0000.14500011425 INVMAVERICK BEVERAGE COMPANY MINNESOTAINV1478888201905MAIN02/06/2025 4.50 609.9792.42199011425 INVINV1478888201905 247.08 249.91 602.9600.42173GLOVESMCCLELLAN SALES INC021473201906MAIN02/06/2025 541.10 609.0000.14500012425 INVMCDONALD DISTRIBUTING CO789140201907MAIN02/06/2025 522.53 609.0000.14500012425 INV 788942201907 (76.50)609.0000.14500012425 INV789284201907 987.13 55.00 609.0000.14500012925 INVMEGA BEER LLCIN-20666201908MAIN02/06/2025 17.52 101.2100.42175COOKIESMENARDS CASHWAY LUMBER-FRIDLEY20603201909MAIN02/06/2025 35.65 101.3170.42171TAPE, WINGNUT, PRY BAR22473201909 53.17 7,824.00 101.1110.443302025 MEMBERSHIP DUESMETRO AREA MANAGEMENT ASSOC2061201910MAIN02/06/2025 250.00 101.5129.44390CONSUMTION PERMIT 2025 JPMMN DEPT OF PUBLIC SAFETY5317201911MAIN02/06/2025 307.56 609.0000.14500013025 INV MODIST BREWING CO LLCE-56696201912MAIN02/06/2025 249.12 609.0000.14500011625 INVE-56390201912 556.68 2,190.00 101.1110.44330MEMBER DUES 030125 - 030126NATIONAL LEAGUE OF CITIES191813201913MAIN02/06/2025 1,725.00 101.2200.44330FIRE CODES 0325 - 0226NFPA INTERNATIONAL0031487S201914MAIN02/06/2025 125 Item 14. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 28/30Page : 02/06/2025 11:55 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/24/2025 - 02/06/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 18,866.75 411.9999.43050.2111MSC SITE PLANNING & SCHEMATIC DESIGNOERTEL ARCHITECTS24-16.4201915MAIN02/06/2025 817.00 609.0000.14500012325 INV/DELPAUSTIS & SONS WINE COMPANY257207201916MAIN02/06/2025 13.50 609.9791.42199012325 INV/DEL257207201916 830.50 434.00 101.2200.43050MEDICAL EXAM, DRUG SCREEN, MASK FIT PERFORMANCE PLUS LLC11062134201917MAIN02/06/2025 422.56 720.9980.43050NETWORK ENGINEERING CONSULTANT 1124-1224POSITIVE SERVICES LLC20250121201918MAIN02/06/2025 19.44 609.9792.42171012725 WATERPREMIUM WATERS INC310581395201919MAIN02/06/2025 164.10 609.0000.14500013025 INV RED BULL DISTRIBUTION CO INC2023422565201920MAIN02/06/2025 1,155.00 228.6317.44000RAMP SWEEPING 0125RTD POWER WASHING, INC10-VB201921MAIN02/06/2025 69.69 101.5200.43310GREEN EXPO PARKING $ LUNCH 012225-012325SANDQUIST/TIM012325201922MAIN02/06/2025 419.23 101.5129.44020ELEVATOR REPAIR 011525-JPMSCHINDLER ELEVATOR CORP INC7154093417201923MAIN02/06/2025 221.25 228.6317.44000EMERGANCY BUTTON MAITINANCESECURITY CONTROL SYSTEMS INC59767201924MAIN02/06/2025 432.00 228.6317.44020SECURITY MONITORING-VAN BUREN RAMP 0225-012659733201924 653.25 2,405.00 603.9510.42910BULK PICKUP 010625-011725SHOREVIEW HUNKS LLCBP02-2025201925MAIN02/06/2025 1,505.00 603.9510.42920BULK PICKUP 010625-011725BP02-2025201925 7,225.00 603.9510.42930BULK PICKUP 010625-011725BP02-2025201925 200.00 603.9540.43050BULK PICKUP 010625-011725BP02-2025201925 11,335.00 293.16 883.0000.36230REFUND ASSESSED RECEIVABLE PMTSOTO/JULIAN010725201926MAIN02/06/2025 230.00 609.0000.14500012125 INVSTEEL TOE BREWING LLC58817201927MAIN02/06/2025 246.50 201.2400.43050EDA MINUTES 010625,PLANNING COMMISSION MINUTES 010725 TIMESAVER OFF SITE SECRETR INCM29792201928MAIN02/06/2025 228.00 204.6314.43050EDA MINUTES 010625,PLANNING COMMISSION MINUTES 010725 M29792201928 474.50 442.15 701.9950.42171TP, TOWELS, DISNINF, CLEANERTRIO SUPPLY COMPANY INC998067201929MAIN02/06/2025 300.83 609.0000.14500012925 INVVENN BREWING COMPANY8085201930MAIN02/06/2025 269.00 609.0000.14500011325 INV7969201930 569.83 81.45 101.1320.43211011425 442735411-00001VERIZON WIRELESS6103591431201931MAIN02/06/2025 (37.54)101.1320.43211120124 542000689-000016100056230201931 2,841.99 101.2100.43211011425 442735411-000016103591431201931 (1,607.83)101.2100.43211120124 542000689-000016100056230201931 126 Item 14. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 29/30Page : 02/06/2025 11:55 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/24/2025 - 02/06/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 1,287.82 101.2200.43211011425 442735411-000016103591431201931 (225.89)101.2200.43211120124 542000689-000016100056230201931 119.12 101.3100.43211011425 442735411-000016103591431201931 152.21 101.3121.43211011425 442735411-000016103591431201931 40.72 101.5000.43211011425 442735411-000016103591431201931 (36.20)101.5000.43211120124 542000689-000016100056230201931 192.93 101.5200.43211011425 442735411-000016103591431201931 40.72 101.6102.43211011425 442735411-000016103591431201931 81.45 201.2400.43211011425 442735411-000016103591431201931 (35.99)201.2400.43211120124 542000689-000016100056230201931 260.63 601.9600.43211011425 442735411-000016103591431201931 260.63 602.9600.43211011425 442735411-000016103591431201931 20.36 603.9520.43211011425 442735411-000016103591431201931 20.36 603.9530.43211011425 442735411-000016103591431201931 47.85 604.9600.43211011425 442735411-000016103591431201931 57.83 609.9791.43211011425 442735411-000016103591431201931 57.83 609.9792.43211011425 442735411-000016103591431201931 57.83 609.9793.43211011425 442735411-000016103591431201931 42.76 701.9950.43211011425 442735411-000016103591431201931 40.72 705.9970.43211011425 442735411-000016103591431201931 50.08 720.9980.43211011425 442735411-000016103591431201931 3,811.84 120.67 609.9791.44020012825 MOPS,MATS,TOWELSVESTIS SERVICES. LLC2500595065201932MAIN02/06/2025 162.38 609.9792.44020013025 MOPS,MATS,TOWELS2500596073201932 86.73 609.9793.44020013025 MOPS,MATS,TOWELS2500596069201932 369.78 985.75 609.0000.14500012325 INV/DELVINOCOPIA INC0366904-IN201933MAIN02/06/2025 243.50 609.0000.14500012325 INV/DEL0366903-IN201933 14.00 609.9791.42199012325 INV/DEL0366904-IN201933 5.00 609.9792.42199012325 INV/DEL0366903-IN201933 1,248.25 250.76 701.0000.14120ROTORWHOLESALE TRUCK-TRLR PRTS INC2504463513201934MAIN02/06/2025 207.00 604.9600.43050SILVER LAKE MGMT PLANWSB & ASSOCIATES INCR-023643-001-6201935MAIN02/06/2025 (98.98)101.0000.2081051-8335213-4XCEL ENERGY (N S P)1156167898201936MAIN02/06/2025 (29.72)101.0000.2081051-4436024-51154337995201936 47.10 101.2200.4381051-4217828-31154961441201936 183.53 101.5200.4381051-7654903-41155466126201936 191.72 101.5200.4381051-5950185-01155458522201936 1,022.53 609.9791.4381051-8335213-41156167898201936 127 Item 14. CHECK DISBURSEMENT REPORT FOR CITY OF COLUMBIA HEIGHTS 30/30Page : 02/06/2025 11:55 AM User: heathers DB: Columbia Heights CHECK DATE FROM 01/24/2025 - 02/06/2025 AmountGL #DescriptionPayeeInvoiceCheck #BankCheck Date 372.97 609.9793.4381051-4436024-51154337995201936 1,689.15 974,111.53 TOTAL OF 208 CHECKSTOTAL - ALL FUNDS 128 Item 14. StatusDepositCheck AmountGrossNameCheck NumberBankCheck Date DirectPhysicalCheck For Check Dates 01/11/2025 to 01/24/2025 02/06/2025 09:07 AM Check Register Report For City Of Columbia Heights Page 1 of 1 Open0.00700.00700.00UNION 49 100811PR01/24/2025 Open0.00302.98302.98MN CHILD SUPPORT PAYMENT CENTE 100812PR01/24/2025 Open0.0012.5012.50LELS #342 SERGEANT UNION 100813PR01/24/2025 Open0.006,711.536,711.53SUN LIFE FINANCIAL - DENTAL INSURANCE 100814PR01/24/2025 Open0.004,816.004,816.00MEDICA HEALTH PLANS 100815PR01/24/2025 Open0.00688.00688.00MEDICA 100816PR01/24/2025 Open0.00704.00704.00NCPERS GROUP LIFE INS C/O MBR BEN 100817PR01/24/2025 Open0.002,327.982,327.98SUN LIFE FINANCIAL - LONG TERM DISABILI 100818PR01/24/2025 Open0.002,104.142,104.14SUN LIFE FINANCIAL - LIFE INSURANCE 100819PR01/24/2025 Open0.001,148.891,148.89SUN LIFE FINANCIAL - SHORT TERM DISABIL 100820PR01/24/2025 Open0.00580.04580.04FIDELITY SECURITY LIFE INSURANCE COMPAN 100821PR01/24/2025 Open0.00200.00200.00COL HTS LOCAL 1216 EFT1457PR01/24/2025 Open0.00777.88777.88AFSCME COUNCIL 5 EFT1458PR01/24/2025 Open0.0020.0020.00COLHTS FIREFIGHTER ASSN EFT1459PR01/24/2025 Open0.001,480.241,480.24MSRS MNDCP PLAN 650251 EFT1460PR01/24/2025 Open0.009,730.959,730.95HSA BANK EFT1461PR01/24/2025 Open0.00144.00144.00COL HGTS POLICE ASSN EFT1462PR01/24/2025 Open0.0099,443.3299,443.32IRS EFT1463PR01/24/2025 Open0.002,523.742,523.74MISSION SQUARE 401 (ROTH) EFT1464PR01/24/2025 Open0.0021,486.6921,486.69MISSION SQUARE 457(B) EFT1465PR01/24/2025 Open0.007,971.967,971.96MISSION SQUARE RHS EFT1466PR01/24/2025 Open0.0090,523.4090,523.40PERA 397400 EFT1467PR01/24/2025 Open0.0020,281.0020,281.00STATE OF MN TAX EFT1468PR01/24/2025 12 11 Total Check Stubs: Total Physical Checks: 0.00274,679.24274,679.24Number of Checks: 023Totals: 129 Item 14. CITY COUNCIL MEETING AGENDA SECTION ITEMS FOR CONSIDERATION MEETING DATE FEBRUARY 10, 2025 ITEM: First Reading of Ordinance No. 1711, an Ordinance to Amend Chapter 9 - Land Use: 9.101 Purpose, 9.103 Definitions, 9.106 General Development Standards, 9.107 Specific Development Standards, 9.109 Residential Districts, 9.110 Commercial Districts, 9.111 Industrial Districts, 9.113 Planned Unit Development Districts, 9.114 Overlay Districts, and 9.115 Public and Open Space Districts. DEPARTMENT: Community Development BY/DATE: Andrew Boucher, City Planner / February 5, 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 CASE NUMBER: 2025-PZ02 APPLICANT: City of Columbia Heights LOCATION: Citywide REQUEST: Zoning Ordinance Amendment PREPARED BY: Andrew Boucher, City Planner INTRODUCTION: Staff discussed potential updates to City Zoning Code – Chapter 9 Land Use at the January 7, 2025 Planning Commission Workshop based on the work related to the City’s efforts to implement a Complete Streets Policy for public and private development, SolSmart technical review and progress through their designation program, and incorporating these along with other recent zoning code updates into the City’s Design Standards. These amendments are described in each applicable zoning section as follows: A. 9.101 Purpose, Authority and Jurisdiction (B) Purpose amended to include (B)(11) “Encourage and strengthen solar development and use of renewable energy while protecting public health, safety, and welfare of its residents and furthering progress towards specific c ommunity goals and plans.”; amend (B)(2) to reflect other specific goals defined in plans such as the Energy Action Plan and other guiding documents. B. 9.103 Definitions amended to include the following definitions: a. Amending Accessory Building/Structure, Building and Structure definitions to explicitly state that solar equipment and installations are not considered to be structures. 130 Item 15. Page 2 b. Adding Community-scale solar energy system: A solar photovoltaic system that qualifies for the Community Solar Gardens identified by the State of Minnesota Commerce Department’s Energy and Utilities. c. Adding Grid-connected solar energy system: A solar photovoltaic system that is connected to an electric circuit served by an electric utility company. d. Adding Ground-mounted solar energy system (Accessory Use): A solar photovoltaic system mounted on a rack or pole that is ballasted on, or is attached to, the ground and the system is accessory to the primary use. e. Adding Ground-mounted solar energy system (Primary Use): A solar photovoltaic system mounted on a rack or pole that is ballasted on, or is attached to, the ground and is the primary land use for the parcel(s) on which it is located. Primary use systems are permitted through a discretionary approval process. f. Adding Roof-mounted solar energy system: A solar photovoltaic system mounted on a rack that is ballasted on, or is attached to, the roof of a building or structure. Roof -mount systems are accessory to the primary use. g. Adding Solar energy system: A device, array of devices, or structural design feature, the purpose of which is to provide for generation or storage of electricity from sunlight, or the collection, storage, and distribution of solar energy for space heating or cooling, daylight for interior lighting, or water heating. h. Adding Solar photovoltaic system: A solar energy system that converts solar energy directly into electricity, the primary components of which are solar panels, mounting devices, inverters, and wiring. C. 9.106 General Development Standards amended to include the following provisions: a. Removing language from (B) Lot Controls (13) Height limitations establishing a roof area maximum for mechanical and electrical equipment and adding language to include solar and other renewable energy equipment to allow equipment to exceed the maximum height limitation by up to 50%. b. Amending (C) Accessory uses and structures (1)(c) to include solar and other renewable energy equipment are subject to the setback requirements for accessory structures, but are not considered buildings or structures. c. Amending (H) Performance Standards (1) Purpose to exempt solar and renewable energy equipment and installations from performance standards. d. Amending (P) Sign Regulations to include (8) Sign Design Standards Table containing stan dards related to types of signage allowed by zoning district, maximum area, height, illumination, setbacks, and any other applicable information in a form-based table. e. Including (S) Table of Uses showing the permitted, conditional, and accessory uses for all residential, commercial, industrial, and public districts. D. 9.107 Specific Development Standards amended to include the following provisions: a. Including Roof-mounted solar energy system as a use and including as a specific development standard that the system “shall comply with applicable state and local fire codes to ensure emergency access to the roof, provide pathways to specific areas of the roof, provide areas for smoke ventilation, and provide emergency egress from the roof. b. Include Ground-mounted solar energy systems (accessory use) as a use and including as a specific development standard that “if the area under the system contains vegetative ground cover such as grass, native planting and vegetations, or pollinator habitats as the tilt and 131 Item 15. Page 3 spacing allows for precipitation to drain into the pervious ground cover.” E. 9.109 Residential Districts, 9.110 Commercial Districts, 9.111 Industrial Districts, and 9.115 Public and Open Space Districts are all amended to remove the permitted, conditional, and a ccessory uses and relocating these into a form-based table in 9.106 General Development Standards (S) Table of Uses. F. 9.113 Planned Unit Development amended to include “solar, renewable energy systems, and beneficial electrification” as part of (C) Areas of Flexibility as well as (D) Review Procedure to include references to guiding documents in Planned Unit Development consideration. G. 9.114 Overlay Districts (D) Design Overlay District is amended to include reference in (1) Purpose, supporting the goals of the comprehensive plan, Energy Action Plan, Safe Streets for All, and the City’s Complete Streets Policy. Other amendments included are to (2) Establishment and (3) Design Guidelines of the Design Overlay Districts to read as follows: a. Central Avenue Design District. The Central Business District, extending from 37th to 42nd Avenues, includes a number of historic or architecturally interesting buildings, including the Heights Theatre. Most office and storefront buildings meet the sidewalk, while shopping centers and franchise buildings are set back behind parking lots. Architectural styles are diverse, from historic commercial or Mediterranean Revival (the theater) to 20th century modern. Several off-street ramps help to reduce the need for surface parking. Recent streetscape improvements and developments of the Public Safety building as well as the mixed - use City Hall redevelopment project have enhanced the pedestrian character of this district. This district contains numerous neighborhood oriented multi-tenant shopping centers including restaurants, personal and professional services, retail, and multi-family developments. Redevelopment of the City’s Public Safety and City Hall has contributed to the character of this district. b. 40th Avenue Design District. Fortieth Avenue has its own character, combining housing with institutions such as City Hall John P. Murzyn Hall, smaller commercial businesses including restaurants, multi-tenant buildings with professional and personal services, as well as housing and places of worship. Commercial buildings tend to be single -story, set back 5 to 10 feet from the sidewalk, and have extremely limited parking options that causes some properties to have legal nonconforming status. Housing is predominantly single-family, although additional townhouse and multifamily development is envisioned in the Downtown Master Plan (2000). Future redevelopment and reconfiguration of 40th should take into consideration of the parking needs of the existing businesses and seek opportunities to enhance street parking. c. Highway Design District. The Highway District extends along Central Avenue from 42nd Avenue north to the City boundary. This segment has a distinctly different character than the CBD: most buildings are set far back from the street behind large parking lots or along frontage roads. Central Avenue is a six-lane highway through most of this area, and the road width and traffic speeds combine to make the area less pedestrian-friendly. The Highway District has issues related to stormwater quality and quantity that are apparent when there is significant or torrential rainfalls. With these conditions in mind for future redevelopment and reconfiguration of Central Avenue, Complete Streets elements shall be implemented when the se are feasible and there are identified conflict points, stormwater issues, areas that are “under -lit”, barriers to pedestrian/bicyclist movements, or referenced in guiding documents such as Complete Streets, ADA Transition Plan, and Safe Streets for All. (3)(c). Support the implementation of city-wide guiding documents and standards. 132 Item 15. Page 4 Staff Review Staff has not received any comments on the proposed zoning text amendments. ZONING ORDINANCE AMENDMENT FINDINGS OF FACT Section 9.104 (F) of the Zoning Ordinance outlines certain findings of fact that must be met in order for the City to grant approval for a zoning amendment. The findings are as follows: (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 single 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. The Planning Commission held a public hearing on the proposed zoning text amendment on February 4, 2025 and gave a positive recommendation (4-0) as presented. RECOMMENDATION Staff recommends approval of Ordinance No. 1711, on first consideration: RECOMMENDED MOTION(S): 133 Item 15. Page 5 MOTION: Move to waive the reading of Ordinance No. 1711, there being ample copies available to the public. MOTION: Move to set the second reading of Ordinance 1711, being an ordinance to amend Chapter 9 - Land Use: 9.101 Purpose, 9.103 Definitions, 9.106 General Development Standards, 9.107 Specific Development Standards, 9.109 Residential Districts, 9.110 Commercial Districts, 9.111 Industrial Distric ts, 9.113 Planned Unit Development Districts, 9.114 Overlay Districts, and 9.115 Public and Open Space Districts., in the City of Columbia Heights for January 27, 2025 at approximately 6:00pm. ATTACHMENT(S): Draft Ordinance No. 1711 Public Hearing Notice 134 Item 15. Ordinance No.1696 ORDINANCE NO. 1711 AN ORDINANCE AMENDING CHAPTER 9 – LAND USE OF THE CITY CODE OF 2005 TO AMEND 9.101 PURPOSE, 9.103 DEFINITIONS, 9.104 ADMINISTRATION AND ENFORCEMENT, 9.106 GENERAL DEVELOPMENT STANDARDS, 9.107 SPECIFIC DEVELOPMENT STANDARDS, 9.109 RESIDENTIAL DISTRICTS, 9.110 COMMERCIAL DISTRICTS, 9.111 INDUSTRIAL DISTRICTS, 9.113 PLANNED UNIT DEVELOPMENT DISTRICTS, 9.114 OVERLAY DISTRICTS, AND 9.115 PUBLIC AND OPEN SPACE DISTRICTS. The City of Columbia Heights does ordain: Section 1 The following language for Purpose, Authority, and Jurisdiction is amended as provided in Section 9.101 of the City Code of 2005, and hereby established to read as follows: (A) Title. This article shall be known, cited and referred to as the Columbia Heights Zoning and Development Ordinance, except as referred to herein, where it shall be known as “this article.” (B) Purpose. The City Council of the City of Columbia Heights, Minnesota, adopts this article to accomplish the following: (1) Protect the public health, safety, morals, aesthetics, comfort, convenience and general welfare of the community and its people; (2) Implement the goals and policies included in the city's comprehensive plan, Energy Action Plan, and other guiding documents; (3) Divide the city into districts restricting and regulating therein the location, construction, reconstruction, alteration and use of structures and land; (4) Protect the stability and character of residential, commercial, industrial and public areas of the city and promote the orderly development of those areas; (5) Provide and protect adequate light, air, privacy and convenience of access to property; (6) Provide a safe and efficient traffic circulation system for all modes of transportation and limit congestion in the public rights-of-way; (7) Prevent overcrowding of land and undue concentration of structures by regulating the use of land and buildings and the bulk of buildings in relation to the land and buildings surrounding them; (8) Provide for the compatibility of different land uses and the most appropriate use of land throughout the city; (9) Provide for the effective administration of this article, including powers and duties of officers and bodies, procedures and standards for land use approvals, and procedures for enforcement; (10) Establish a continuing system of review of this article to ensure it will be amended to meet the changing needs of the city; (11) Encourage and strengthen solar development and uses of renewable energy while protecting public health, safety, and welfare of its residents and furthering progress towards specific community goals and plans. (C) Authority. This article is enacted under the authority granted to the City of Columbia Heights by the Municipal Planning Act, M.S. §§ 462.351 to 462.365, as they may be amended from time to time. If those statutes are amended to restrict or enlarge the authority delegated to the city, those amendments shall be incorporated into this article. (D) Jurisdiction. This article governs the use of all land and structures within the corporate limits of the City of Columbia Heights, unless such regulation is specifically pre-empted by state or federal law or regulation. 135 Item 15. City of Columbia Heights – Ordinance 1711 Page 2 (E) Violations. Any violation of any provision of this article shall be considered a misdemeanor and shall be subject to a fine and/or a jail term under state law plus the cost of prosecution. Each day a violation exists shall constitute a separate violation for the purposes of this section. Section 2 The following definitions are amended or added as provided in Section 9.103 of the City Code of 2005, is hereby established to read as follows: For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ABANDONMENT. To discontinue a use or activity for any reason, but excluding temporary interruptions to the use during periods of building or remodeling where a valid building permit has been issued or during periods of routine seasonal closure. ACCESSORY BUILDING OR STRUCTURE. A building or structure or portion of a structure subordinate to and serving the principal structure on the same lot. Solar equipment and renewable energy installations are not considered to be structures. ACCESSORY USE. A use that is reasonably necessary and incidental to the conduct of the primary use of the principal building or buildings. ADDITION. Any change or modification in construction or occupancy of an existing structure. The enclosure of an existing screened porch, deck, roofed deck, patio, or roofed patio shall be considered an addition. ADJACENT or CONTIGUOUS. Bordering, touching or adjoining. If two lots are separated by a public street, they shall not be deemed adjacent. If two lots are separated by a public walkway, they shall be deemed adjacent. ADULT USE. Adult uses include adult bookstores, adult motion picture theaters, adult motion picture sales/rental, adult mini-motion picture theaters, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of “specified sexual activities” or “specified anatomical areas” which are capable of being seen by members of the public. Activities classified as obscene as defined by M.S. § 617.241, as it may be amended from time to time, are not included. ADULT USE, ACCESSORY. The offering of retail goods for sale which are classified as adult uses on a limited scale and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of such items include the sale of adult magazines, the sale or rental of adult motion pictures, the sale of adult novelties, and the like. ADULT USE, PRINCIPAL. The offering of goods and/or services which are classified as adult uses as a primary or sole activity of a business or establishment and include, but are not limited to adult body painting studios, adult bookstores, adult cabarets, adult companionship establishments, adult conversation parlors, adult health clubs, adult theaters, adult modeling studios, and adult saunas and massage parlors. ALLEY. A public right-of-way or private way that affords a secondary means of access to abutting property. ANNEXATION. The incorporation of a land area into the city with a resulting change to the corporate limits of the city. ASSISTED LIVING. A facility licensed by the MnDOH where individualized home care aide services or home management services are provided to residents either by management or by providers under contract with the management. 136 Item 15. City of Columbia Heights – Ordinance 1711 Page 3 AUTO REDUCTION YARD. A lot or yard where one or more unlicensed motor vehicles or the remains thereof are kept for the purpose of dismantling, sale of parts, sale as scrap, storage or abandonment. AUTO AND TRUCK SALES LOT. Buildings and premises for automobile/truck sales and show rooms with incidental and accessory sales and service facilities also permitted but not required. AUTO AND TRUCK SALES LOT, USED. Any land used or occupied for the purpose of buying and selling secondhand passenger cars or trucks, and the storing of such vehicles prior to sale. AUTOMOBILE, USED. Any secondhand, previously owned passenger vehicle, car, or truck. AVERAGE EXISTING GRADE. The average existing grade is measured as the existing elevation (prior to any construction alterations) at each corner of the structure and calculating an average. AVERAGE FINISHED GRADE. The average finished grade is measured by taking the finished elevation (after any construction alterations) at each corner of the structure and calculating an average; see example images below: BANNER, FLAG or PENNANT. A sign made of a flexible material, such as cloth, paper, or plastic, however and wherever affixed. 137 Item 15. City of Columbia Heights – Ordinance 1711 Page 4 BANQUET HALL. A building for the purpose of hosting a party, banquet, wedding, reception or other social events. BASEMENT. A portion of a building located partially, up to 50% underground or below grade. BAY. Cantilevered portion of a building. BED AND BREAKFAST RESIDENCE. An owner-occupied, single-family residence that provides lodging and meals to registered guests. BEDROOM. Any room used principally for sleeping purposes and does not contain separate kitchen and sanitary facilities. BOARD OF ADJUSTMENTS. The Columbia Heights Planning Commission. BOARDING HOUSE. A building other than a motel or hotel where, for compensation and by pre- arrangement for definite periods, meals and/or lodgings are provided for three or more persons, but not to exceed eight persons. BREW PUB. A restaurant that conducts the retail of on-sale malt liquor consumed and brewed on the premise. BREWER TAPROOM. A facility on the premises of, or adjacent to, a malt liquor manufacturer intended for on-sale and consumption of malt liquor produced by the brewer. BUFFER. A landscaped area intended to separate and/or partially obstruct the view of adjacent land uses or properties from one another. BUILDABLE AREA. The area of the lot remaining after the minimum yard or setback requirements of this article have been established. BUILDING. Any roofed structure that may provide shelter or enclosure of persons, animals or chattel. Solar equipment and renewable energy installations are not considered to be structures. BUILDING LINE. A line parallel with the street right-of-way, or any property line, at the foundation level of a building and representing the distance which the building is set back from the street right-of-way or other property line. BULK REGULATIONS. Standards and controls that establish the maximum size of structures and the buildable area within which the structure can be located, including height, floor area ratio, gross floor area, lot area, lot coverage, impervious surface area and yard requirements, but excluding residential density regulations. BUSINESS. Any occupation, employment, or enterprise wherein merchandise is exhibited, rented or sold or which occupies time, attention labor and/or materials or where services or goods are offered for compensation. BUSINESS FRONTAGE. The property lines or lease lines at the front of the building or the location of the main public entrance of said building. CANOPY, AWNING or MARQUEE. A projection or extension of a structure, building or place of assembly, erected in such a manner as to provide a shelter or cover over the approach to any entrance of such structure, building, or place of assembly. CARPORT. An automobile shelter having one or more sides open. CARWASH. A building that provides facilities for washing and cleaning motor vehicles, which may use production line methods with a conveyor, blower, or other mechanical devices, and which may employ some hand labor. CERTIFICATE OF OCCUPANCY. A document issued by the Building Official allowing for the occupancy or use of a building, and certifying that the structure or use has been constructed or will be used in compliance with all the applicable codes and ordinances. CLINIC, MEDICAL. A place used for the diagnosis and treatment of sick, ailing, infirm, injured persons, and those persons who are in need of medical attention. Overnight care facilities are not provided at the clinic. CLINIC, VETERINARY. A place used for the diagnosis and treatment of sick or injured animals and those animals in need of medical attention. COFFEE SHOP. An establishment engaged principally in the sale of coffee and other non-alcoholic beverages for consumption on the premises or for carryout, which may also include the sale of a limited number of food items. COLOR. Any hue or combination of values of these. Black and white, shall not be considered colors. COMMERCIAL USE. A use of land, building or structure intended, designed or arranged for a business, occupation, trade, or profession, including entertainment, services or sale of goods. 138 Item 15. City of Columbia Heights – Ordinance 1711 Page 5 COMMUNITY CENTER. An establishment operated by a non-profit organization or government agency, which includes recreational facilities, meeting rooms, social service facilities, and public health facilities, or any combination thereof. Community-scale solar energy system. A solar photovoltaic system that qualifies for the Community Solar Gardens identified by the State of Minnesota Commerce Department’s Energy and Utilities. COMPREHENSIVE PLAN. The policies, statements, goals and interrelated plans for private and public use of land and water, transportation, and community facilities including recommendations for plan execution, documented texts, ordinances, maps which constitute the guide for the future development of the city. CONDITIONAL USE PERMIT. A permit specially and individually granted by the City Council after public hearing thereon by the Planning Commission for any conditional use so permitted in any use district. CONVENIENCE STORE. A retail establishment, having a maximum gross floor area of 7,500 square feet, offering for sale prepackaged food products, household items and other goods commonly associated with this type of store. This use may also be combined with a motor vehicle service station. COUNCIL. The Columbia Heights City Council. CURB. A stone, asphalt or concrete boundary marking the edge of a roadway or paved area. CURB LEVEL. The grade elevation as established by the city, of the curb in front of the center of the building. Where no curb level has been established, the City Engineer shall determine a curb level or its equivalent for the purpose of this article. CURB LINE. The line at the face of the curb nearest the street or roadway. In the absence of a curb, the curb line shall be established by the City Engineer. DAY CARE, ADULT. A facility that provides care to functionally impaired adults on a regular basis for periods of less than 24 hours in a structure that is not the residence of the person being served or the facility operator. DAY CARE, FAMILY. A facility that provides care, protection and supervision of children in a private residence for periods of less than 24 hours. The size of the outdoor play area, the maximum number of children who may be served, and the number and qualifications of required outside teachers and helpers are set forth in Minnesota Statutes. This use may be licensed by other agencies. DAY CARE, GROUP. A non-residential facility where child care, protection and supervision services are provided on a regular basis for periods of less than 24 hours. A group day care facility may also be referred to as a NURSERY. DECK, ATTACHED. A structure six feet or more attached to the main building that may or may not have a railing or access to the ground, but does not have a roof or contain walls. DECK, DETACHED. A free-standing structure that is directly adjacent or attached to the principal building that may or may not have a railing, but does not have a roof or contain walls. DENSITY. The number of dwellings or principal buildings or uses permitted per net acre of land. Net acre of land shall not include any land required for public streets or other rights-of-way. DEVELOPMENT. All structures and other human modifications of the landscape. DRINKING ESTABLISHMENT. Any premise where alcohol or non-alcoholic beverages are sold at retail for consumption on the premises. DRIP LINE. A vertical line extending from the outermost branches of a tree to the ground. DRIVE-IN FACILITY. Any portion of a building from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle. Such use may also be referred to as a drive-through. DRIVEWAY. A private way used by vehicles to gain access to an individual lot or parcel of land. For one- and two- family dwellings, the driveway shall be defined as the length and width of a driving surface that is used to gain access to a private garage. DWELLING. A building or one or more portions thereof occupied or intended to be occupied exclusively by a family, but not including rooms in motels, hotels, nursing homes, boardinghouses, nor trailers, tents, cabins, or trailer coaches. 139 Item 15. City of Columbia Heights – Ordinance 1711 Page 6 DWELLING, ATTACHED. A dwelling that is joined to another dwelling on one or more sides by a common wall. DWELLING, DETACHED. A dwelling that is surrounded by open space on the same lot. DWELLING, MULTIPLE. A building so designed as to contain three or more dwellings as the principle use. DWELLING, TOWNHOUSE. Attached dwelling units, each with a separate entrance to front and rear yards. EASEMENT, UTILITY. A grant by a property owner for the use of a portion or strip of land for the purposes of constructing and maintaining utilities, including, but not limited to, sanitary sewers, water mains, electric liners, telephone lines, storm sewers or storm drainage ways, and gas lines. EMERGENCY SHELTER. A non-profit, charitable, or religious organization providing boarding and/or lodging and ancillary services on the premises primarily to indigent, needy, homeless or transient persons. EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of encroachment lines so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. This as determined by considering the effect of encroachment on the hydraulic efficiency of the flood plain along both sides of a stream for a significant reach. ESSENTIAL SERVICE. Underground or overhead gas, electrical, steam, or water distribution systems; collection, communication, supply or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants or other similar equipment and accessories in conjunction therewith; but not including telecommunication towers. FACADE. The exterior wall of a building exposed to public view. FAMILY. An individual, or two or more persons each related by blood, marriage or adoption, living together as a single housekeeping unit; or a group of not more than four persons not so related, maintaining a common household and using common cooking and kitchen facilities. FENCE. A fence is any partition, structure, wall or gate erected as a dividing marker along property lines or within the required yard. FILLING. The placement of sand, gravel, earth or other materials of any composition on a parcel of land. FIREARM. Any device, designed to be used as a weapon, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive or other form of combustion, but excluding a stud or nail gun used in the construction industry or a toy gun. FLOOD. A temporary rise in stream flow or stage that results in inundation of the areas adjacent to the channel. FLOOD FREQUENCY. The average frequency, statistically determined, for which it is expected that a specific flood state or discharge may be equaled or exceeded. FLOOD FRINGE. That portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term floodway fringe used in the Flood Insurance Study. FLOOD PLAIN. The areas adjoining a watercourse that have been or hereafter may be covered by the regional flood. FLOOD PROOFING. A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages. FLOODWAY. The channel of the watercourse and those portions of the adjoining flood plain that is reasonably required to carry and discharge the regional flood. FLOOR AREA, GROSS. The sum of the gross horizontal areas of the several floors measured to the outside of exterior walls. FLOOR AREA, NET. The sum of the gross horizontal areas of the several floors of a building including interior balconies, mezzanines and basements, but excepting that area primarily devoted to window display, fitting rooms, stairs, escalators, unenclosed porches, dead storage, heating and utility rooms, inside off-street parking or loading space. Measurements shall be made from the outside of exterior walls. FLOOR AREA RATIO. The numerical value obtained through dividing the gross floor area of a building or buildings by the lot area on which such building or buildings are located. 140 Item 15. City of Columbia Heights – Ordinance 1711 Page 7 FRONTAGE. The distance for which a lot line coincides with the right-of-way line of a public street or the boundary of a private street. FUNERAL HOME. A building or part of a building thereof used for human funeral services. Such building may contain space and facilities for embalming and other services used to prepare the dead for burial, performance of autopsies, storage of caskets, funeral urns and other related funeral supplies and the storage of other funeral supplies, but excluding crematoriums. GARAGE, PRIVATE. A detached accessory building or portion of principal building, including a carport, which is used primarily for storing passenger vehicles, trailers or one truck of a rate capacity not in excess of 9,000 pounds. GARAGE SALE. Any display of used goods and/or salesmen samples and sale of said goods on a property used primarily as a dwelling. The person conducting the sale shall be a member of the family occupying the dwelling. GLARE, DIRECT. That part of the visible light reaching an observer directly in a straight line from the source of its principal diffuser and/or its associated focusing reflector. GLARE, INDIRECT. Light described in the definition for direct glare, but reaching an observer by reflection from a surface or surfaced which either: (1) Move periodically under power of the wind, electricity, burning fossil fuel, or similar energy source; or (2) Reflect 70% or more of the light incident upon them; or (3) Produce by imaging the effect of the conditions of subdivision (a) above. GRADE. The elevation or level of the street closest to the building, structure or sign to which reference is made, measured at the street's centerline. GRAPHICS. An illustration or rendering which is not for an advertising purpose and which is applied directly to a building or structure. GRID-CONNECTED SOLAR ENERGY SYSTEM. A solar photovoltaic system that is connected to an electric circuit served by an electric utility company. Ground-mounted solar energy system (Accessory Use): A solar photovoltaic system mounted on a rack or pole that is ballasted on, or is attached to, the ground and the system is accessory to the primary use. Ground-mounted solar energy system (Primary Use): A solar photovoltaic system mounted on a rack or pole that is ballasted on, or is attached to, the ground and is the primary land use for the parcel(s) on which it is located. Primary use systems are permitted through a discretionary approval process. HEIGHT, BUILDING. Building height is measured as the distance from the average finished grade to the tallest point of a flat roof; or the peak of a pitched or mansard roof; or the highest point on all other roof types. HEIGHT, SIGN. Sign height is measured as the distance from the average existing grade to the tallest point on the structure or sign, whichever is taller. For pylon signs, the average existing grade is taken from the elevation where the pole meets the existing grade. HEIGHT, STRUCTURE. Structure height is measured as the distance from the average finished grade to the tallest point on the structure. HOME OCCUPATION. Any gainful occupation or profession engaged in by an occupant of a dwelling unit. Such use must be clearly incidental and secondary to the principal use of the dwelling for residential purposes and shall not change the residential character of the dwelling or have an adverse effect on adjacent properties nor constitute a nuisance or safety hazard. HOTEL. A building containing eight or more guest rooms in which lodging is provided with or without meals for compensation and which is open to transient, permanent guests or both, and where no provision is made for cooking in any guest room, and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge. IMPERVIOUS SERVICE. A surface that is occupied by buildings or structures, or has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. 141 Item 15. City of Columbia Heights – Ordinance 1711 Page 8 INDUSTRIAL USE. The use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities or other wholesale items. JUNK YARD. An area where used, waste, discarded or salvaged materials are bought, sold, exchanged, stored baled, cleaned, packed, disassembled or handled including but not limited to scrap, iron, and other metals, paper, rags, rubber products, bottles and lumber. Storage of such material in conjunction with a permitted manufacturing process when within an enclosed area or building shall not be included. KENNEL. Any premises where three or more non-caged domestic animals over six months of age are kept, except for an animal hospital, pet shop or veterinary clinic. LAND ALTERATION. Depositing or removing 400 cubic yards or more of material after the effective date of this article so as to modify the existing grade, excluding excavations for the placement of footings or the construction of basements. LOT. A parcel of land occupied or used or intended for occupancy or use by a use permitted in this article, abutting on a public street, and of sufficient size to provide the yard required by this article. LOT AREA. The area of a lot in a horizontal plan bounded by the lot lines, but not including any area occupied by the waters of a duly recorded lake or area which has been dedicated as a public right- of-way. LOT AREA PER DWELLING UNIT. The number of square feet of lot area required per dwelling unit. LOT, CORNER. A lot situated at the junction of, and abutting on two or more intersecting streets or other public rights-of-way, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees. LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line of a lot. LOT, INTERIOR. A lot other than a corner lot. LOT LINE. A lot line is the property line bounding a lot except that where any portion of a lot extends into the public right-of-way or a proposed public right-of-way shown on a recorded official map, the line of such public right-of-way shall be deemed the lot line. LOT LINE, FRONT. That boundary of a lot that abuts a public street. In the case of a corner lot it shall be the shortest dimension on a public street. If the dimensions of a corner lot are equal, the front lot line shall be designated by the owner and filed with the city. LOT LINE, REAR. That boundary of a lot that is opposite the front lot line. If the rear lot line is less than ten feet in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten feet in length within the lot, parallel to, and at the maximum distance from the front lot line. LOT LINE, SIDE. Any boundary of a lot that is not a front lot line or a rear lot line. LOT OF RECORD. Any lot which is one unit of a plat heretofore or hereafter duly approved and filed, or one unit of an auditor's subdivision or a registered land survey, or a parcel of land not so platted, subdivided or registered for which a deed, auditor's subdivision or registered land survey has been recorded in the office of the Register of Deeds or Registrar of Titles for Anoka County, Minnesota prior to the effective date of this article. LOT, SUBSTANDARD. A lot or parcel of land that has less than the required minimum area or width as established by this article as a buildable parcel. LOT, THROUGH. A lot which has a pair of opposite lot lines abutting two substantially parallel streets, and which is not a corner lot. On a through lot, both street lines shall be front lot lines for applying this article. LOT WIDTH. The minimum horizontal distance between the side lot lines as measured at the median point of the front yard setback line. MANUFACTURED HOME. A manufactured home means a factory-built structure or structures equipped with the necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear and designed to be used as a dwelling unit or units without a permanent foundation. The phrase “without a permanent foundation” indicates that the support system is constructed with the intent that the mobile home placed thereon will be moved from time to time at the convenience of the owner. 142 Item 15. City of Columbia Heights – Ordinance 1711 Page 9 MANUFACTURED HOME PARK. A parcel of land so designed and improved with utilities, parking pads, walks, access roads, and other facilities to accommodate manufactured homes that are to be used as dwellings and that have received state approval. MOTEL. A building containing eight or more guest rooms in which lodging is provided with or without meals for compensation and which is open to transient, permanent guests or both, and where no provision is made for cooking in any guest room, and in which ingress and egress to and from all rooms is made directly from the outside. MOTOR FREIGHT TERMINAL. A building or area where freight arrives and/or is removed for routing in intra-state or inter-state shipment by motor truck. MOTOR FUEL STATION. A retail place of business engaged primarily in the sale of motor fuels, but may also be engaged in supplying goods and services generally required in the operation and maintenance of motor vehicles. MOTOR FUEL STATION, MAJOR. A primarily retail place of business which may engage in major motor vehicle repair and may include auto wash or convenience store as an accessory use. MOTOR FUEL STATION, MINOR. A retail place of business which shall have no more than two service bays, and may engage in minor motor vehicle repair. MOTOR VEHICLE PARTS STORE. Any building or premise used for the purpose of selling and storing any component, product or system of an automobile, motorcycle or truck vehicle. MOTOR VEHICLE REPAIR, MAJOR. General repair, rebuilding or reconditioning of engines, motor vehicles or trailers, including body work, frame work and major painting service. MOTOR VEHICLE REPAIR, MINOR. The replacement of any part or repair of any part including the removal of the engine head or pan, engine, transmission or differential; incidental body and fender work; minor painting and upholstering service when said service above stated is applied within an enclosed building. NONCONFORMITY. Nonconformity shall have the meaning given in the M.S. § 394.22, subd. 8, or successor statutes. NOXIOUS MATTER OR MATERIAL. Material capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects on the physical or economic well being of individuals. NURSING HOME. A place, residence, or home used for the boarding and care of elderly or infirm that are dependent upon the services of others. OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property. OFFICE. A building or portion of a building wherein services are performed involving predominantly administration, professional or clerical operations. OFFICIAL CONTROL. Means legislatively defined and enacted policies, standards, precise detailed maps, and other criteria all of which control the physical development of a municipality or a county or any part thereof or any detail thereof, and are the means of translating into ordinances all or any part of the general objections of the comprehensive plan. Such official controls may include but are not limited to ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes, housing codes and official maps. OFFICIAL MAP. Means a map adopted in accordance to Minnesota Statutes which may show existing roads and highways, future roads and highways and the area needed for widening existing public land and facilities and other land needed for future parks, playgrounds, schools, and other public buildings, civic centers, travel service facilities. OPAQUE. Impervious to the passage of light. OPEN SALES LOT. Land devoted to the display of goods for sale, rent, lease, advertising or trade where such goods are not enclosed within a building but not including new or used cars or trucks. OPEN SPACE, COMMON. Open space within or related to a development designed and intended for the common use or enjoyment of the occupants of the development or the public at large. 143 Item 15. City of Columbia Heights – Ordinance 1711 Page 10 ORDINARY HIGH WATER MARK. Shall have the meaning given in M.S. § 103G.005, subd. 14; or successor statutes. OUTSIDE STORAGE. The keeping in an unroofed area of any goods, bulk material, other material, merchandise, or products for more than 24 hours. OVERLAY DISTRICT. A zoning district that encompasses one or more primary zoning districts, or portions thereof, and that imposes additional requirements above and beyond those required by the primary zoning district. PARCEL. An area of land that may be designated by platting, by metes and bounds descriptions, by a registered land survey, by auditor's subdivision, or other acceptable means, which distinguishes it from other parcels. PARKING, JOINT. The development and use of a parking space or parking lot by two or more separate uses. PAWNBROKER. A person who loans money on deposit or pledge of personal property or other valuable items or who deals in the purchasing of personal property or other valuable items on condition of selling the same back again at a stipulated price or who loans money secured by security interest on personal property or any part thereof. PAWN SHOP. A business establishment operated by a pawnbroker. PEDESTRIAN WAY. A public or private right-of-way, across or within a block that provides access for pedestrians. PERFORMANCE STANDARD. Criterion established to control noise, odor, radiation, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings. PERSONS. Any individual, firm, partnership, corporation, company, association, joint stock association or body politic; includes any trustee, receiver, assignee, or other similar representative thereof. PLACE OF WORSHIP. A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which buildings and uses are maintained and controlled by a religious body organized to sustain regular public worship. PLANNED UNIT DEVELOPMENT. Planned unit development means a type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent or lease, and usually involving a mix of land use, structure types and other design development details specific to the site or project goals. PLAT. A map depicting the division or subdivision of land into lots, blocks, parcels, tracts or other portions thereof. PLAT, FINAL. A drawing of a permanent nature showing the precise location and dimensions of such features as streets, lots, easements and other elements pertinent to transfer of ownership and prepared for permanent record. PLAT, PRELIMINARY. A drawing showing the proposed general pattern of streets, lots, and land uses within a tract of land to be subdivided. PRECIOUS METALS. Gold, silver or platinum. PRECIOUS METALS DEALER. Any person, partnership or corporation, either as principal or agent, who engages in the business of buying or selling secondhand items containing precious metal, including but not limited to jewelry, watches, coins, eating utensils, candlesticks, decorative objects and ingots. PRECIOUS METALS DEALERSHIP. Any business establishment operated by a precious metals dealer. PUBLIC WATERS. Public waters shall have the meaning given in M.S. § 103G.005, subd. 15, or successor statutes. RAMP. A structure attached to a principle or accessory building which is constructed at a slope that meets the Uniform Building Code requirements for the purposes of providing access to a building. REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or manmade obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. RECREATIONAL FACILITY (INDOOR AND OUTDOOR). Clubhouses, swimming pools, tennis courts, trails and similar facilities used by the general public for exercise, sports or entertainment. REGIONAL FLOOD. A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100- year recurrence interval. Regional flood is synonymous with the term base flood used in the flood insurance study. RESIDENTIAL CARE FACILITY. A licensed public or private facility, which, for gain or otherwise, regularly provides one or more dependents with 24-hour-a-day substitute for the care, food, lodging, training, supervision, rehabilitation, 144 Item 15. City of Columbia Heights – Ordinance 1711 Page 11 and treatment they need, but which for any reason cannot be furnished in the dependent’s own home. The term includes facilities that are licensed by the Minnesota Department of Health, foster homes, residential treatment facilities, maternity shelters, group homes, schools for challenged children, and homes for battered children or spouses. Such term shall not include any facility eligible for licensure by the Minnesota Department of Corrections. RESIDENTIAL CARE FACILITY, CORRECTIONAL. A licensed public or private facility, which, for gain or otherwise, regularly provides one or more dependents with 24-hour-a-day substitute for the care, food, lodging, training, supervision, rehabilitation, and treatment they need, but which for any reason cannot be furnished in the dependent’s own home. The term includes facilities that are licensed by the Minnesota Department of Health, foster homes, residential treatment facilities, maternity shelters, group homes, schools for challenged children, and homes for battered children or spouses. Such term shall also include any facility eligible for licensure by the Minnesota Department of Corrections. RESIDENTIAL USE BUILDING. A dwelling, boarding, lodging, rooming, fraternity or sorority house, or a dormitory unit. RESTAURANT. An establishment engaged in the preparation and retail sale of food and beverages, which is characterized by table service to customers and does not meet the definition of a fast food restaurant. RESTAURANT, FAST FOOD. An establishment whose design or principal method of operation includes at least five of the following characteristics. (1) Less than 50% of the gross floor area is devoted to customer dining. (2) A permanent menu board is provided from which to select and order food. (3) If a chain or franchised restaurant, standardized floor plans are used over several locations. (4) Customers pay for food before consuming it. (5) A self-serve condiment bar is provided. (6) Trash receptacles are provided for self-serve bussing. (7) Furnishing plan indicates hard-finished stationary seating arrangement. (8) Most main course food items are substantially cooked on the premises and packaged in individual, non- reusable containers. (9) In addition, any restaurant with a drive-through facility shall be considered a fast food restaurant. RIGHT-OF-WAY. An area or strip of land, either public or private, upon which a right-of-passage has been recorded for the use of vehicles, including trains, or pedestrians or both. ROAD. A public right-of-way affording primary access by pedestrians and vehicles to abutting properties, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, service road, place or however otherwise designated. ROOF-MOUNTED SOLAR ENERGY SYSTEM: A solar photovoltaic system mounted on a rack that is ballasted on, or is attached to, the roof of a building or structure. Roof-mount systems are accessory to the primary use. ROOF HEIGHT, FLAT. The height of a flat roof is measured as the average finished grade to the highest point on the roof (see example below): 145 Item 15. City of Columbia Heights – Ordinance 1711 Page 12 ROOF HEIGHT, PITCHED. The height of a pitched roof is measured at the average finished grade to the mean distance between the eaves and the highest point of the roof (see example below): ROOF HEIGHT, MANSARD. The height of a mansard roof is measured as the average finished grade to the highest peak on the mansard roof (see example below): 146 Item 15. City of Columbia Heights – Ordinance 1711 Page 13 ROOF HEIGHT, OTHER. All other roof heights are measured as the average finished grade to the highest point or area on the roof. ROOF LINE. The uppermost line of the roof of a building or, in the case of an extended facade, the uppermost height of said facade. ROOMER. A person who is not a member of the family occupying a room for a charge. ROOMING HOUSE. A residential structure that offers a room or rooms without kitchen facilities for rent. SAMPLING, TOBACCO. The lighting, inhalation, or combination thereof of tobacco, tobacco paraphernalia, or tobacco-related products for the purpose of testing a tobacco product prior to the sale of such product. SEMI-PUBLIC USE. The use of land by a private, non-profit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization. SETBACK. The minimum horizontal distance between a building or structure and a right-of-way, property line, ordinary high water level, or other specified facility. SEWER SYSTEM. Pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial wastes or other wastes to a point of ultimate disposal and/or treatment. SHOPPING CENTER. A group of four or more commercial uses that has either common management or ownership, or has a contiguous gross retail area of 20,000 square feet or more. SHORE IMPACT ZONE. The land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50% of the required structure setback for the applicable lake or river classification. SHORELAND. Shoreland shall have the meaning given in M.S. § 103F.205, subd. 4, or successor statutes. SIGN. A structure, device, advertisement, advertising device or visual representation intended to advertise, identify or communicate information to attract the attention of the public for any purpose and without prejudice to the generality of the foregoing. A sign includes any symbols, letters, figures, graphics, or forms painted or otherwise affixed to a building or structure intended to attract the attention of the public for any purpose. This definition includes a structural or nonstructural device that borders, illuminates, animates or projects the visual representation. (1) SIGN AREA. The entire area within a single continuous perimeter enclosing the extreme limits of such sign. Such perimeter shall, in no case, pass through or between any adjacent elements of such sign. In the case of a sign designed with more than one exterior surface, the area shall be computed as including only the maximum single 147 Item 15. City of Columbia Heights – Ordinance 1711 Page 14 display surface, which is visible from any ground position at one time. The supports, uprights, or structures on which any sign is supported, which do not form an integral part of the display, are not included in the sign area. (2) SIGN, MAXIMUM HEIGHT. Refers to the vertical distance measured from the nearest finished grade to the top of such a sign. (3) SIGN, MINIMUM HEIGHT. Shall refer to the vertical distance measured from the nearest finished grade to the lower limit of such sign. (4) SIGN STRUCTURE. The structure which supports or is capable of supporting any sign, including the framework, braces, uprights, and supports of such signs. Said definition shall not include a building to which the sign is attached. SIGN ALTERATION. A change of copy area, size, or location exclusive of routine maintenance, painting or change of the copy itself. SIGN, ANIMATED. A sign that includes action or motion effected through mechanical or electrical means or wind, exclusive of flashing, changing and indexing signs. SIGN, AREA IDENTIFICATION. A sign identifying a shopping center or multiple dwelling units. SIGN, BILLBOARD. A non-accessory sign for the purpose of advertising a product, event, person, subject or service not entirely or directly related to the premises on which said sign is located, including a sign for the purpose of advertising the availability for rental or sale of the sign itself. SIGN, CANOPY, AWNING OR MARQUEE. A sign suspended from or forming part of the canopy, awning, or marquee that does not extend horizontally beyond such canopy, awning or marquee. SIGN, CHANGEABLE COPY. A sign employing detachable copy, letters or symbols which may be altered, substituted or rearranged to convey varying messages, regardless of method of attachment. SIGN, CHANGING. A sign which displays copy changes, such as an electronically or electrically controlled public service, time and temperature sign, message center or reader-board. SIGN, COPY. The letters, symbols, or other representatives used on a sign to convey a message. SIGN, COPY AREA. That portion of the sign which contains the copy and to which the copy is applied. SIGN, DIRECTIONAL. An on-premise sign designed to guide or direct pedestrian or vehicular traffic. SIGN, DYNAMIC LED. Any characteristics of a sign that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace the sign face or its components. This also includes any moving, flashing, blinking, or animated display and any display that incorporates LED lights manipulated through digital input, “digital ink” or any other method or technology that allows the sign face to present a series of images or displays. SIGN, ELECTRIC. A sign that uses electrical wiring on, in or near such sign to effect illumination. SIGN, FLASHING. A sign that contains flashing lights or exhibits discernable and purposeful changes in light intensity or color. SIGN, FREE-STANDING. A permanent sign which is not affixed to any part of a building or structure and which is supported by upright brace(s) or post(s) placed in the ground. SIGN, IDENTIFICATION. A sign which is limited to the name, address and number of a building, structure, institution, or person in addition to the activity carried on in the building, structure or institution, or the occupation of the person. SIGN, ILLUMINATED. A sign designed to give forth or reflect any artificial light, either directly from a source of light incorporated in or connected with such sign, or indirectly from an artificial source in the immediate proximity thereof. SIGN, INCIDENTAL. A small sign less than two square feet in area of a noncommercial nature, intended primarily for the convenience of the public, including signs designating rest areas and public telephones. SIGN, INSTITUTIONAL. A sign used by an institution. 148 Item 15. City of Columbia Heights – Ordinance 1711 Page 15 SIGN, MONUMENT. A permanent freestanding sign which is not affixed to any part of a building or structure and which is typically constructed of masonry, concrete, wood or other decorative type material to complement the surrounding area. SIGN, POLITICAL. A sign which states the name, slogan and/or picture of an individual seeking election to a public office, or which pertains to a public election or referendum, or which relates to or advocates political views or policies. SIGN, PORTABLE. A sign that is not permanently attached to the ground or to a building or structure. SIGN, PROJECTING. A sign which extends outward from the wall of a building or structure more than 18 inches, and is supported by or suspended from such wall. SIGN, REAL ESTATE. A sign offering land and/or buildings for sale, lease or rental, located on such property. SIGN, REVOLVING. A sign, any part of which turns, rotates, or revolves. SIGN, ROOF. A sign which is painted on, affixed to, or erected upon the roof or parapet of a building or structure of which any portion in situated on or above the roof level of such building or structure and is wholly or partially supported by said building or structure. SIGN, SANDWICH BOARD. A freestanding “A” frame sign, not requiring staking to the ground, placed near the entrance of a retail store to direct pedestrians to that business. SIGN, TEMPORARY. A sign, banner, pennant, valance, or advertising device intended to be displayed for a limited period of time, whether portable or attached to the principal structure. SIGN, TIME AND TEMPERATURE. A sign that displays only time and temperature information. SIGN, VARIABLE ELECTRONIC MESSAGE. A dynamic LED sign that changes its message more frequently than once every ten seconds for commercial and industrial properties located in the LB, GB, CBD, I-1 and I-2 zoning districts and a dynamic LED sign that changes its message more frequently than once every 10 minutes for religious and/or educational institutions located in the R-1, R-2A, R-2B, R-3, R-4, LB and PO zoning districts. SIGN, WALL. An identification sign affixed to or painted on the wall of a building or structure with the exposed face of the sign in a plane parallel to the plane of said wall. SIGN, WINDOW. A sign painted on, placed in, or affixed to any window, exclusive of merchandise on display. SIGNIFICANT HISTORIC SITE. An archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites or is determined to be an unplatted cemetery that falls under the provisions of the M.S. § 307.08; or successor statutes. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota State Archaeologist or the director of the Minnesota Historical Society. SMOKE SHOP. A retail establishment that has obtained an appropriate license, in which greater than 90% of the business’s gross revenue must be from the sale of tobacco, tobacco products or smoking related accessories. SOLAR ENERGY SYSTEM: A device, array of devices, or structural design feature, the purpose of which is to provide for generation or storage of electricity from sunlight, or the collection, storage, and distribution of solar energy for space heating or cooling, daylight for interior lighting, or water heating. SOLAR PHOTOVOLTAIC SYSTEM: A solar energy system that converts solar energy directly into electricity, the primary components of which are solar panels, mounting devices, inverters, and wiring. SPECIFIED ANATOMICAL AREAS. Less than completely and opaquely covered human genitals, pubic region, buttock, anus, or female breasts below a point immediately above the top of the areola: and human male genitals in a discernibly turgid state, even if completely and opaquely covered. SPECIFIED SEXUAL ACTIVITIES. Activities including: (1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or, (2) Clearly depicted human genitals in the 149 Item 15. City of Columbia Heights – Ordinance 1711 Page 16 state of sexual stimulation, arousal or tumescence; or, (3) Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; or, (4) Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or, (5) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons; or, (6) Erotic or lewd touching, fondling or other sexually-oriented contact with an animal by a human being; or, (7) Human excretion, urination, menstruation, vaginal or anal irrigation. STORY. That portion of a building included between the surface of any floor and the surface of the floor next above it; or if there is no floor above, the space between the floor and the ceiling next above. A basement shall be counted as a story. STREET. A public right-of-way not less than 50 feet in width which affords a primary means of access to abutting property. STRUCTURAL ALTERATION. Any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as bearing walls, column beams, girders, or foundations. STRUCTURE. Anything constructed or erected, the use of which requires more or less permanent location on the ground or attachment to something having a permanent location on the ground. When a structure is divided into separate parts by an unpierced wall, each part shall be deemed a separate structure. Amending Accessory Building/Structure and Structure definitions to explicitly state that solar equipment and installations are not considered to be structures. SUBDIVISION. Land that is divided for the purposes of sale, rent, or lease and including planned unit developments. SWIMMING POOL, ABOVE-GROUND. All swimming pools that are constructed so that the edge of the pool is greater than three and one-half feet above ground grade or has a capacity of more than 3,000 gallons of water. SWIMMING POOL, HOT TUB. All pools that are intended for hydro-therapeutic massage and relaxation purposes that have a capacity of less than 750 gallons of water, including such pools generally constructed with a filter unit(s), pump(s), water jet(s), molded seating and a heating unit(s). Any hot tub greater than 750 gallons of water shall be considered an above-ground pool for regulatory purposes. SWIMMING POOL, IN-GROUND. All swimming pools constructed so that the pool edge is level with the ground grade. SWIMMING POOL, PORTABLE. Any temporary pool designed for easy construction and removal with a maximum height of 3.5 feet or a capacity of less than 3,000 gallons of water. TWINHOME. A single-family residential dwelling on an individual lot, sharing a common wall with another single- family residential dwelling. USE. The purpose or activity for which the land, structure or building thereon is designed, arranged, or intended, or for which it is occupied or maintained. USE, CONDITIONAL. Either a public or private use as listed which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district. USE, INTERIM. A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer permit it. USE, PERMITTED. A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and performance standards of such district. USE, PRINCIPAL. The main use of land or buildings. VENDING MACHINE. Any coin operated device that dispenses a product or service without an attendant. WALL SURFACE. The total horizontal area of the building face, including windows and door areas, measured to the extreme outer limits of such wall surface. 150 Item 15. City of Columbia Heights – Ordinance 1711 Page 17 YARD. A required open space on a lot, which is unoccupied and unobstructed by a structure from its lowest ground level to the sky except as expressly permitted in this article. A yard shall extend along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located. YARD, FRONT. A yard extending along the full width of the front lot line between side lot lines and extending from the abutting front street right-of-way line to a depth required in the yard regulations for the district in which such lot is located. YARD, REAR. A yard extending along the full width of the :rear lot line between the side lot lines and extending toward the front lot line for a depth as specified in the yard regulations for the district in which such lot is located. YARD, SIDE. A yard extending along a side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which such lot is located. ZONING ADMINISTRATOR. Person appointed by the City Manager as provided by this article. ZONING DISTRICT. An area or areas within the limits of the city for which the regulations and requirements governing use are uniform. Section 3. The following language for General Development Standards is added, amended and deleted as provided in Section 9.106 of the City Code of 2005, is hereby established to read as follows: § 9.106 GENERAL DEVELOPMENT STANDARDS. (A) General provisions. (1) Purpose. The purpose of this section is to establish regulations of general applicability to property throughout the city, to promote the orderly development and use of land, to minimize conflicts between uses of land, and to protect the public health, safety and welfare. (2) Applicability. The regulations set forth in this section shall; apply to all structures and uses of land, except as otherwise provided in this article. (B) Lot controls. (1) Purpose. Lot controls are established to provide for the orderly development and use of land, and to provide for adequate light, air, open space and separation of uses. (2) Use of lots. All lots shall be used in a manner consistent with the requirements of the zoning district in which the property is located. No part of any existing lot shall be used as a separate lot or for the use of another lot, except as otherwise provided in this article. (3) Lot divisions. No lot shall be divided into two or more lots unless all lots resulting 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. 151 Item 15. City of Columbia Heights – Ordinance 1711 Page 18 (5) Principal buildings in residential districts. There shall be no more than one principal building on a lot in any residential district, unless otherwise provided for through a mixed use planned development. (6) Principal buildings in non-residential districts. There may be more than one principal building on a lot in non- residential districts, provided each building meets all of the requirements, including setbacks, of the district in which it is located. (7) Required yards. Yard requirements shall be as specified for the zoning district in which the lot is located. No yard or other open space shall be reduced in area or dimension so as to make such yard or other open space less than the minimum required by this article. If the existing yard or other open space is less than the minimum required, it shall not be further reduced. In addition, no required yard or other open space allocated to a building or dwelling group shall be used to satisfy yard, open space, or minimum lot area requirements for any other structure or lot. (8) Setback exception in residential districts. In any residential district where the average depth of the front yard for buildings within 200 feet of the lot in 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. (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. 152 Item 15. City of Columbia Heights – Ordinance 1711 Page 19 (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. (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, with exception to.solar and other renewable energy equipment. (g) Television and ham radio antennas. (h) Monuments. (i) Telecommunication towers constructed in accordance with the provisions of § 9.106(O). (C) Accessory uses and structures. (1) Accessory structures, residential uses. The following standards shall regulate the construction and maintenance of residential accessory structures: (a) Each residentially zoned parcel shall be allowed two detached accessory structures. 153 Item 15. City of Columbia Heights – Ordinance 1711 Page 20 (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. Solar and other renewable energy equipment are subject to the setback requirements for accessory structures, but are not considered buildings or structures. (d) An accessory structure shall be considered an integral part of the principal structure if it is connected to the principal building by a covered passageway. (e) An accessory structure, or any combination of accessory structures, storage sheds and 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 alley is not available, an accessory structure for the storage of not more than two automobiles may be constructed within any yard, provided that at least one-half of the height is below grade level and the accessory structure is set back a minimum of 20 feet from any right-of-way. (h) The exterior color and design of an accessory structure shall be similar to the principal structure. Corrugated metal siding and roofs shall be prohibited. (i) Whenever a garage is so designed that the vehicle entry door(s) are facing a street or alley, the distance between the door(s) and the lot line shall be no less than 20 feet for lots greater than 6,500 square feet, and shall be no less than 15 feet for lots 6,500 square feet or less. (j) Accessory structures for multiple-family dwellings shall be placed in the rear yard and shall be subject to the same height and exterior finish regulations as the principal structure for the district in which it is located, in addition to the requirements of this section. (k) Any accessory structure capable of storing one or more motorized vehicle shall be provided with a hard- surfaced access driveway, no less than 12 feet in width, to an adjacent public street or alley, and shall be no less than 20 by 20 in size. (l) Accessory buildings shall not be located within any utility or drainage easement. (2) Accessory structures, non-residential uses. The following standards shall regulate the construction and maintenance of non-residential accessory structures: (a) All accessory structures shall be subject to the sane setback, height and exterior finish regulations as a principal structure for the district in which it is located. 154 Item 15. City of Columbia Heights – Ordinance 1711 Page 21 (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 character or appearance of the dwelling, any accessory building or the property itself shall not be allowed. (b) Only persons residing on the premises and no more than one 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. (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. 155 Item 15. City of Columbia Heights – Ordinance 1711 Page 22 (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 by a non- climbable wall, fence or combination thereof at least six feet in height, with a self- closing gate capable of being secured with a lock so as to prevent uncontrolled access by children. If the only access is through a principal or accessory structure, such point of access shall be lockable. In the case of above-ground pools, pool sides that are vertical may contribute to the required fencing, provided all points of 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. (f) Hot tubs shall not be located within five feet of any side yard or rear lot line, or within any required front yard. Such pools may be equipped with a child-resistant, lockable cover in lieu of a six-foot tall fence. Hot tubs are permitted on attached or detached decks if it can be proven that the deck is engineered to be structurally sound enough to support the bearing load of the hot tub. (g) Portable pools shall not be located within five feet of any side or rear lot line, or within any required front yard. Such pools may be equipped with a child resistant cover in lieu of a six-foot tall fence. Any ladder or other means of entry into a portable pool shall be detachable and placed so that no child can gain entry into the pool without the owner’s consent. Portable pools shall not be in place longer than six months in a calendar year. (h) Lighting shall be so oriented so as not to cast light on adjacent properties. (i) The facility shall not be located within any drainage or utility easement. (j) Any accessory mechanical apparatus shall be located at least 30 feet from any residential structure on an adjacent lot. (k) All swimming pools containing more than 3,000 gallons or with a depth in excess of 42 inches (3.5 feet) shall require a building permit from the city. (5) Trash handling equipment. For all uses other than one- and two-family dwellings, trash and/or recycling collection areas shall be enclosed on at least three sides by an opaque screening 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. (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. 156 Item 15. City of Columbia Heights – Ordinance 1711 Page 23 (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. (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 6,500 square feet or less. (e) Two-family dwellings (duplexes) and town homes shall have a minimum floor area of 750 square feet per unit, plus 120 square feet for each additional bedroom over two. (f) Efficiency apartments shall have a minimum floor area of 400 square feet per unit. (g) One-bedroom apartments shall have a minimum floor area of 600 square feet per unit. (h) Two-bedroom apartments shall have a minimum floor area of 720 square feet per unit. (i) Apartments with more than two bedrooms shall have a minimum floor area of 720 square feet per unit, plus 120 square feet for each additional bedroom over two. (3) Accessory Dwelling Units (a) An accessory dwelling unit shall only be a permitted accessory use to any lot with a detached single-family dwelling. (b) No accessory dwelling unit shall be permitted upon a lot on which more than one residential dwelling is located and no more than one accessory dwelling unit shall be permitted per lot. (c) The accessory dwelling unit shall not be sold or conveyed independently of the principal residential dwelling and may not be on a separate tax parcel or subdivided through any means. 157 Item 15. City of Columbia Heights – Ordinance 1711 Page 24 (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 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 constructed of the following approved fencing materials: 1. Galvanized or vinyl coated woven fabric - minimum 11 1/2 gauge, with two-inch minimum mesh, with knuckles up and cut edge down. 2. Approved vinyl fencing materials. 158 Item 15. City of Columbia Heights – Ordinance 1711 Page 25 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 applicable. (h) All fences shall be maintained and kept in good condition. (i) Fence height shall be measured from the average grade to the top of the fence. In situations where a grade separation exists at the property line, the height of the fence shall be based on the measurement from the average point between the highest and lowest grade. (j) Barbed wire, razor wire and electric fences shall not be permitted in any zoning district. However, barbed wire may be permitted in industrially zoned districts and property used for public purposes through a Conditional Use Permit process. (k) Fences exceeding six feet in height shall require a building permit from the city. (2) Residential fences. The following standards shall apply to all fences constructed in any residential zoning district or directly adjacent to any residential zoning district: (a) No fence shall exceed seven feet in height. Fences exceeding six feet in height shall be deemed structures and shall require a Zoning Permit Review. (b) Fences along any rear property line that abut a public alley or street shall be located no closer than three feet from the alley or street right-of-way. (c) It shall be the responsibility of property owners with fences within recorded city easements to remove such fence at any time when access to the recorded city easement would require the removal of the fence. (d) A fence extending across or into the required front yard setback shall not exceed 42 inches (3.5 feet) in height; however, fences that are less than 50% opaque may be up to 48 inches (4 feet) in height. (3) Non-residential fences. The following standards shall apply to all fences constructed in any commercial or industrial zoning district: (a) No fence shall exceed eight feet in height. Fences exceeding seven feet in height shall be deemed structures and shall require a Zoning Permit Review. (b) A fence extending across or into the required front yard setback shall not exceed four feet in height. (c) A fence required to screen a commercial or industrial use from an adjacent residential use shall not exceed eight feet in height or be less six feet in height. In addition, said screening fence shall be no less than 80% opaque on a year round basis. 159 Item 15. City of Columbia Heights – Ordinance 1711 Page 26 (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: (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 public. (G) Temporary uses and structures. The following temporary uses and structures shall be permitted in all zoning districts unless specified otherwise, provided such use or structure complies with the regulations of the zoning district in which it is located and all other applicable provisions of this article: (1) Garage sales. Residential garage sales shall be limited to no more than two garage sales per property per calendar year, with the duration of each garage sale not to exceed three consecutive days at any residential location. 160 Item 15. City of Columbia Heights – Ordinance 1711 Page 27 (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. (5) Other temporary uses. In addition to the temporary uses and structures listed above, the Zoning Administrator may allow other temporary uses and structures for a maximum of 15 days per calendar year, provided the said use or structure is substantially similar to the uses and structures listed herein. (H) Performance standards. (1) Purpose. These performance standards are established to minimize conflict between land uses, to preserve the use and enjoyment of property, and to protect the public health, safety and welfare. These standards shall apply to all uses of land and structures with the exception of solar and renewable energy equipment, and are in addition to any requirements applying to specific zoning districts. (2) In general. No use or structure shall be operated or occupied so as to constitute a dangerous, injurious or noxious condition because of noise, odors, glare, heat, vibration, air emissions, electromagnetic disturbance, fire, explosion or other hazard, water or soil pollution, liquid or solid waste disposal, or any other substance or condition. No use or structure shall unreasonably interfere with the use or enjoyment of property by any person of normal sensitivities. In addition, no use or structure shall be operated or occupied in a manner not in compliance with any performance standard contained in this article or any other applicable regulation. (3) Noise. All uses shall comply with the standards governing noise as adopted and enforced by the Minnesota Pollution Control Agency. (4) Odor emissions. All uses shall comply with the standards governing the odor emissions as adopted and enforced by the Minnesota Pollution Control Agency. (5) Vibration. Uses producing vibration shall be conducted in such a manner as to 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. 161 Item 15. City of Columbia Heights – Ordinance 1711 Page 28 (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. (b) The manufacture or storage of any explosive or blasting agent, as defined in the Uniform Fire Code, shall be prohibited in all districts except the I-2, General Industrial District. (c) The storage of any flammable liquid shall be subject to the requirements established by the Uniform Fire Code and shall be reviewed by the State Fire Marshal. (11) Hazardous materials. All uses shall comply with the standards governing hazardous waste as adopted and enforced by the Minnesota Pollution Control Agency. (I) Storm water management. (1) Purpose. The purpose of this division is to promote, preserve and enhance the natural resources within the city and protect them from adverse effects occasioned by poorly sited development or incompatible activities by regulating land alterations or development activities that would have an adverse and potentially irreversible impact on water quality and unique and fragile environmentally sensitive land; by minimizing conflicts and encouraging compatibility between land alterations and development activities and water quality and environmentally sensitive lands; and by requiring detailed review standards and procedures for land alterations or development activities proposed for such areas, thereby achieving a balance between urban growth and development and protection of water quality and natural areas. (2) Definitions. For the purposes of this section, the following terms, phrases, words, and their derivatives shall have the meaning stated below. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directive. APPLICANT. Any person who wishes to obtain a building permit, preliminary plat approval or an excavation permit. CONTROL MEASURE. A practice or combination of practices to control erosion and attendant pollution. DETENTION FACILITY. A permanent natural or man-made structure, including wetlands, for the temporary storage of runoff which contains a permanent pool of water. EXCAVATION ACTIVITIES. Any excavation or filling activity as regulated by § 9.106(J). FLOOD FRINGE. The portion of the floodplain outside of the floodway. FLOODPLAIN. The areas adjoining a watercourse or water basin that have been or may be covered by a regional flood. 162 Item 15. City of Columbia Heights – Ordinance 1711 Page 29 FLOODWAY. The channel of the watercourse, the bed of water basins, and those portions of the adjoining floodplain that are reasonably required to carry and discharge floodwater and provide water storage during a regional flood. HYDRIC SOILS. Soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part. HYDROPHYTIC VEGETATION. Macrophytic plantlife growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. LAND ALTERATION. Any change of the land surface including, but not limited to, removing vegetative cover, excavating, filling, grading, and. the construction of utilities, roadways, parking areas and structures. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). The program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act (Sections 301, 318, 402, and 405) and United States Code of Federal Regulations Title 33, Sections 1317, 1328, 1342, and 1345. PERSON. Any individual, firm, corporation, partnership, franchisee, association or governmental entity. PUBLIC WATERS. Waters of the state as defined in M.S. § 1036.005, subd. 15, as it may be amended from time to time. REGIONAL FLOOD. A flood that is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of a 100- year recurrence interval. RETENTION FACILITY. A permanent natural or man-made structure that provides for the storage of storm water runoff by means of a permanent pool of water. SEDIMENT. Solid matter carried by water, sewage, or other liquids. STRUCTURE. Any manufactured, constructed or erected building including portable structures and earthen structures. SURFACE WATER MANAGEMENT DESIGN STANDARDS (SWMDS). Document stating the design criteria and specifications for the city’s storm water management program. WETLANDS. Lands transitional between terrestrial and aquatic: systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, wetlands must have the following attributes: 1. Have a predominance of hydric soils; 2. Are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and 3. Under normal circumstances support a prevalence of such vegetation. (3) Scope and effect. (a) Applicability. This section shall apply to any land alteration requiring any of the following permits or approvals: 163 Item 15. City of Columbia Heights – Ordinance 1711 Page 30 1. A building permit for new multiple-family residential (three or more attached dwelling units), commercial, industrial, or institutional development; 2. A preliminary plat; 3. Land alteration permit as regulated by § 9.106 (J); 4. A building permit for a single-family or two-family residential dwelling except that only subdivisions (3) through (7) of this division shall apply; or 5. Public improvement projects. 6. No building permit, preliminary plat, excavation permit or public improvement project shall be approved until approval of a storm water management plan has been obtained in strict conformance with the provisions of this section. 7. All projects 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 improvement project approved prior to the effective date of this article; 3. Construction of agricultural structures or land alterations associated with agricultural uses unless an excavation permit is required by § 9.106(J); 4. Installation of a fence, sign, telephone, and electric poles and other kinds of posts or poles; or 5. Emergency work to protect life, limb, or property. (4) Submission requirements–storm water management plan. A storm water management plan shall be submitted with all permit applications identified in § 9.106(I)(3). Storm water management plan submittal requirements are outlined in the city’s SWMDS. No building or land disturbing activity will be approved unless it includes a storm water management plan, detailing how runoff and associated water quality impacts resulting from development will be controlled or managed. (5) Plan review procedure. (a) Process. Storm water management plans meeting the requirements of § 9.106(I) and the city’s SWMDS shall be reviewed by the Engineering Division in accordance with the standards of § 9.106(I)(6) and the city’s SWMDS. The Director of Public Works, or designee, shall approve, approve with conditions, or deny the storm water management plan. (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. 164 Item 15. City of Columbia Heights – Ordinance 1711 Page 31 (c) Conditions. A storm water management plan may be approved, subject to compliance with conditions reasonable and necessary to insure that the requirements contained in this article are met. Such conditions may, among other matters, limit the size, kind or character of the proposed development, require the construction of structures, drainage facilities, storage basins and other facilities, require replacement of vegetation, establish required monitoring procedures, stage the work over time, require alteration of the site design to insure buffering, and require the conveyance, for storm water management purposes, to the city or other public entity of certain lands or interests therein. (d) Letter of credit. Prior to approval of any storm water management plan, the applicant shall submit a letter of credit or cash escrow to cover the estimated cost of site restoration. The letter of credit or cash escrow amount shall be in the amount specified by the current city SWMDS. (e) Amendment. A storm water management plan may be revised in the same manner as originally approved. (6) Approval standards. No storm water management plan which fails to meet the standards contained in this section shall be approved by the city. (a) General criteria for storm water management plans. 1. An applicant shall install or construct all storm water management facilities according the criteria outlined in the city’s SWMDS. 2. The applicant shall give consideration to reducing the need for storm water management facilities by incorporating the use of natural topography and land cover, such as wetlands, ponds, natural swales and depressions, as they exist before development, to the degree that they can accommodate the additional flow of water without compromising the integrity or quality of the wetland or pond. 3. The following storm water management practices shall be investigated in developing a storm water management plan in the following descending order of preference: a. Infiltration of runoff on-site, if suitable soil conditions are available for use; b. Flow attenuation by use of open vegetated swales and natural depressions; c. Storm water retention facilities; and d. Storm water detention facilities. 4. A combination of successive practices may be used to achieve the applicable minimum control requirements specified in subdivision 3. above. Justification shall be provided by the applicant for the method selected. (b) Specifications. At a minimum, applicants shall comply with all of the NPDES general construction storm water permit requirements. (c) Wetlands. Existing wetlands may be used for storm water management purposes, provided the following criteria are met: 1. The wetland shall not be classified as a Group I or II water within the City Water Resource Management Plan. 165 Item 15. City of Columbia Heights – Ordinance 1711 Page 32 2. A protective buffer strip of natural vegetation, at least ten feet in width, shall surround all wetlands. 3. A sediment trapping device or area that is designed to trap sediments 0.5 millimeters in size or greater, with a trap volume size based upon a prescribed maintenance schedule, shall be installed prior to discharge of storm water into the wetlands. 4. The natural outlet control elevation of the wetlands, if it is not a DNR public water, shall not be changed, except when either i) the outlet is intended to restore the wetland to its original elevation, ii) the wetland basin is landlocked and the artificial outlet control is placed no lower than 1.5 feet below the ordinary high water mark, iii) the proposed level control is identified in the City Water Resource Management Plan, or iv) the level change is approved by a technical evaluation panel convened pursuant to the state Wetland Conservation Act of 1991 (WCA). 5. The water fluctuation from storm water shall not be increased over what occurs naturally, except as provided in subdivision 4.c. above. 6. The wetland shall not be a protected fen. 7. Wetlands shall not be drained or filled, wholly or partially, unless replaced by restoring or creating wetland areas in accordance with the WCA. When wetland replacement is required, it shall be guided by the following principles in descending order of priority: a. Avoiding the direct or indirect impact of the activity that may destroy or diminish the wetland; b. Minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation; c. Rectifying the impact by repairing, rehabilitating, or restoring the affected wetland environment; d. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the activity; and e. Compensating for the impact by replacing or providing substitute wetland resources or environments. 8. If the wetland is a DNR public water, all necessary permits from the DNR shall be obtained. (d) Models/methodologies/computations. Hydrologic models and design methodologies used for the determination of runoff and analysis of storm water management structures shall be approved by the Director of Public Works. Plans, specifications and computations for storm water management facilities submitted for review shall be sealed and signed by a registered professional engineer. All computations shall appear on the plans submitted for review, unless otherwise approved by the Director of Public Works. (e) Watershed management plans/groundwater management plans. Storm water management plans shall be consistent with adopted watershed management plans and groundwater management plans prepared in accordance with M.S. §§ 103B.231 and 103B.255, respectively, as they may be amended from time to time, and as approved by the Minnesota Board of Water and Soil Resources in accordance with the state law. (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 166 Item 15. City of Columbia Heights – Ordinance 1711 Page 33 management facilities, designed to serve multiple land disturbing and development activities, when consistent with the City’s Water Resource Management Plan. (b) Calculation of fee. The amount of monetary contribution shall be found in the SWMDS. For preliminary plats, an estimated impervious coverage per lot, subject to the approval of the Director of Public Works, shall be included in the total impervious surface area calculation. (c) Payment of fee. Payment of a monetary contribution shall occur as follows: 1. Building permit–upon issuance of building permit. 2. Excavation permit–upon issuance of excavation permit. 3. Preliminary plat–upon approval of final plat or commencement of land alteration, whichever occurs first. (8) Inspection and maintenance. All storm water management facilities shall be designed to minimize the need for maintenance, to provide access for maintenance purposes, and to be structurally sound. In addition, the following maintenance standards shall apply: (a) All storm water detention periods shall be maintained to ensure continued effective removal of pollutants from storm water runoff. In addition, upon 50% of the pond’s original design volume being filled with sediment, the sediment shall be removed and the pond restored to its original design. (b) The Director of Public Works, or designated representative, shall inspect all storm water management facilities during construction, during the first year of operation, and at least once every five years thereafter. (c) All permanent storm water management facilities must provide a maintenance agreement with the city that documents all responsibilities for operation and maintenance of long-term storm water management facilities. Such responsibilities shall be documented in a maintenance plan and executed through a maintenance agreement. All maintenance agreements must be approved by the city and recorded at the County Recorder’s office prior to final plan approval. At a minimum, the maintenance agreement shall describe the inspection and maintenance obligations: 1. The responsible party who is permanently responsible for inspection and maintenance of the structural and nonstructural measures. 2. Pass responsibilities for such maintenance to successors in title. 3. Allow the city and its representatives the right of entry for the purposes of inspecting all permanent storm water management systems. 4. Allow the city the right to repair and maintain the facility, if necessary maintenance is not performed after proper and reasonable notice to the responsible party of the permanent storm water management system. 5. Include a maintenance plan that contains, but is not limited to, the following: a. Identification of all structural permanent storm water management systems. 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. 167 Item 15. City of Columbia Heights – Ordinance 1711 Page 34 c. Identification of the responsible party for conducting the inspection, monitoring and maintenance for each practice. d. Include a schedule and format for reporting compliance with the maintenance agreement to the city. e. Right of entry. The issuance of a permit constitutes a right of entry for the city or its contractor to enter upon the construction site. The applicant shall allow the city and its authorized representatives, upon presentation of credentials, to: i. Enter upon the permitted site for the purpose of obtaining information, examining records, conducting investigations or surveys. ii. Bring such equipment upon the permitted development as is necessary to conduct such surveys and investigations. iii. Examine and copy any books, papers, records, or memoranda pertaining to activities or records required to be kept under the terms and conditions of the permit. iv. Inspect the storm water pollution control measures. v. Sample and monitor any items or activities pertaining to storm water pollution control measures. vi. Correct deficiencies in storm water, erosion and sediment control measures. (d) Storm water management facilities serving a single-family residential area or subdivision, but more than one single-family lot, shall be maintained by the city. The cost incurred by the city for maintenance of said facilities shall be assessed, levied through a special storm water taxing district against the properties contributing storm water runoff to or through the facility, or by the city’s storm water utility. (e) Storm water management facilities serving a multiple-family residential building or development; a commercial, industrial or institutional building or development; or an individual parcel shall be maintained by the property owner on which the facility is located, unless it is determined by the Director of Public Works that it is in the best interests of the city for the city to maintain such facilities. If the city is to maintain the storm water management facilities, the cost incurred by the city for the maintenance may be assessed or levied as described in subsection (d) above. (9) Penalty. Any person, firm or corporation violating any provision of this section shall be fined not less than deemed committed on each day during or on which a violation occurs or continues. (10) Other controls. In the event of any conflict between the provisions of this section and the provisions of the city code, the more restrictive standard prevails. (J) Land alterations. (1) Purpose. The purpose of this section is to manage land alterations within the city and provide for the review and approval of proposed grades prior to land alteration activities. (2) In general. No person, firm or corporation may engage in any excavation, grading or filling of any land in the city without first having secured a permit from the Public Works Director in accordance with this section. (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 168 Item 15. City of Columbia Heights – Ordinance 1711 Page 35 review and approval process. Grading of new subdivisions or developments is also exempt from the provisions of this section, provided a grading plan was submitted and approved as part of the review and approval process. (4) Land alteration permit required. A land alteration permit from the Public Works Director is required for any of the following activities: (a) Placement, removal or grading of more than ten cubic yards of earthen material on steep slopes adjacent to a lake or wetland, or within the shore or bluff impact zone of a lake or wetland. (b) Placement, removal or grading of more than 50 cubic yards of earthen material anywhere in the city. (c) Placement, removal or grading of earthen material within ten feet of any property line, or when such activity alters the drainage patterns of adjacent property. (d) Placement, removal or grading of any property for the purposes of installing artificial turf or other surface that may require additional review of permeability and potential for illicit discharge. (5) Conditional use permit required. A conditional use permit is required for any of the following activities: (a) Placement, removal or grading of more than 500 cubic yards of earthen material on developed property zoned R-1 or R-2. (b) Placement, removal or grading of more than 1,000 cubic yards of earthen material on undeveloped property zoned R-1 or R-2. (c) Placement, removal or grading of more than 1,500 cubic yards of earthen material on property zoned R-3, R-4 or LB. (d) Placement, removal or grading of more than 2,000 cubic yards of earthen material on property zoned GB, CBD, I-1, I-2, or MXD. (6) Submittal requirements. An application for a land alteration permit shall include the following: (a) A legal description of the land to be altered. (b) The nature of the proposed alteration and future use of the property. (c) The starting date and completion date of the land alteration. (d) The names and addresses of all the owners of all the land to be altered. (e) Scaled plans, showing the existing and proposed topography with two- foot contour intervals, and signed by a registered surveyor or engineer in the State of Minnesota. (f) A scaled plan, showing existing and proposed vegetation and ground cover. (g) An erosion and sedimentation control plan. (h) Product specification sheet showing permeability, materials used, and potential for illicit discharge. (K) Exterior lighting. (1) In general. No use shall be operated or occupied so as to create light or glare in such an amount or to such a degree of intensity as to constitute a hazardous condition or a public nuisance. Lighting shall not create a sense of 169 Item 15. City of Columbia Heights – Ordinance 1711 Page 36 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. (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 utilized 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. 170 Item 15. City of Columbia Heights – Ordinance 1711 Page 37 (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 from the main entrance of the use being served. (c) Reasonable and improved access shall be provided from the off-site parking facility to the use being served. (d) The site used for off-site parking shall be under the same ownership as the principal use being served or use of the off-site parking facility shall be protected by a recordable instrument acceptable to the city. (6) Calculation of requirements. Calculating the number of parking or loading required shall be in accordance with the following: (a) Gross floor area. The term “gross floor area” for the purpose of calculating the number of off-street parking spaces required shall be determined based on the exterior floor dimensions of the building, structure or use times the number of floors, minus 10%. (b) Places of public assembly. In places or worship, stadiums, sports arenas and other places of public assembly in which patrons or spectators occupy benches, pews, or other similar seating facilities, each three feet of such seating facilities shall be counted as one seat for the purpose of determining requirements for off-street parking facilities under this section. (c) Capacity. In cases where parking requirements are based on capacity of persons, the capacity shall be based on the maximum number of persons that may occupy a place, as determined under the building code and posted within the establishment. (d) Employees. When parking requirements are based on employee counts, such calculations shall be based on the maximum number of employees on the premises at any one time. (e) Calculating space. When calculating the number of off-street parking spaces required results in fraction, each fraction of one-half or more shall require another space. The Council, at its discretion, may reduce the minimum required parking to not less than 1.5 parking spaces per unit for multifamily structures with seven or more units, after consideration of factors including but not limited to the present or future availability of transit services, shared parking, pedestrian orientation, and occupancy characteristics. (f) Garage or carport. A garage or carport shall be considered a parking space. However, a building permit shall not be granted to convert a garage or carport to living space unless other acceptable provisions are 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. 171 Item 15. City of Columbia Heights – Ordinance 1711 Page 38 (h) Proof of parking. In cases where the future potential use of a building may generate additional parking demand, the city may require a proof of parking plan for the site that shows how the anticipated parking demand will be met. (7) Design and maintenance of parking facilities. Off-street parking facilities are subject to the following design and maintenance requirements: (a) Size of parking spaces. Each parking space shall be not less than 9 feet wide and 20 feet in length, exclusive of an adequately designed system of access drives. In the case where the parking space is abutting a curb at its narrowest dimension, the parking stall length may be reduced to 18 feet. In parking lots with more than 300 spaces, 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 City Engineer. (f) Lighting. Lighting used to illuminate an off-street parking area shall comply with the performance requirements of this section. The height of parking lot light poles or standards shall be no less than 12 feet and no more than the maximum height established for structures in the district in which the lights will be 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. 172 Item 15. City of Columbia Heights – Ordinance 1711 Page 39 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 parking spaces and aisles clearly painted on the pavement according to the plan approved by the city. (o) Maintenance. Parking areas and driveways shall be kept free of dirt, dust and debris, and the pavement shall be maintained in good condition. In winter months, required parking areas for commercial businesses shall be cleared of snow. Landscaping, lighting, fencing or other features installed in conjunction with parking areas shall also be maintained and kept in good condition at all times. (8) Off-street parking district. (a) Should the city establish a public off-street parking district, those uses located within the district shall be exempt from providing off-street parking spaces as required herein. (b) The CBD, Central Business District, is established as a public off-street parking district, so that nonresidential uses are exempt from providing off-street parking spaces as required herein. Residential uses, including those in mixed-use buildings, shall provide off-street parking as required herein. (9) Shared parking. The City Council may approve the use of a required off-street parking area for more than one principal use on the same or an adjacent site if the following conditions are met: (a) Location. The use for which application for shared parking is being made is located within 300 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. 173 Item 15. City of Columbia Heights – Ordinance 1711 Page 40 (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 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 174 Item 15. City of Columbia Heights – Ordinance 1711 Page 41 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 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 175 Item 15. City of Columbia Heights – Ordinance 1711 Page 42 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 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 176 Item 15. City of Columbia Heights – Ordinance 1711 Page 43 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 yard setback area. (c) Access. Each loading berth shall be located with appropriate means of vehicular access to and from a public street or alley and shall not interfere with automobile or pedestrian traffic either on the site or adjacent to the site. (d) Surfacing. All loading berths and access driveways shall be surfaced with a dustless all-weather material and constructed to control drainage according to a plan approved by the City Engineer. (e) Use. Any space designated as a loading berth or access drive in accordance with the terms of this section shall not be used for the storage of goods, inoperable vehicles or required off-street parking. (f) Number. For facilities with less than 20,000 square feet gross floor area, the off-street loading requirements may be met by providing a designated loading zone on site, as opposed to constructing a loading berth. 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 177 Item 15. City of Columbia Heights – Ordinance 1711 Page 44 and planting standards, landscaping and screening requirements are established to buffer non- compatible land uses, screen unsightly views, reduce noise and glare, minimize storm water runoff, and generally enhance the quality and appearance of development within the community. a. Preserve and increase the tree canopy cover of Columbia Heights by protecting mature trees throughout the City. b. Protect and enhance property values by conserving trees. c. Improve quality of life for all stakeholders, including residents, visitors, and wildlife. d. Preserve and increase the environmental services provided by the urban forest including sequestration of CO2, erosion and stormwater mitigation, reduction of air pollutants, reduction of the urban heat island effect, and reduction of noise pollution. e. Protect and maintain healthy trees in the development and building permit process. Protect and maintain healthy trees by ensuring best tree protection practices during construction and development. (2) Preservation, protection, and replacement of Protected Trees: a. This ordinance applies to all demolition, building permit applications, and land alteration permits, public or private, that require a survey. b. Definitions: i. Protected Tree: Any tree variety on the List of Protected Tree Varieties as maintained and published by City staff with a diameter of 6” or greater as measured at 4.5’ above ground (DBH, Diameter at Breast Height). The List of Protected Tree Varieties may be amended from time to time. ii. Removable Tree: Any tree not defined as a Protected Tree. iii. City-Owned Tree: Any tree originating within the City right-of-way or originating from a City park or City-owned property. c. Demolition and building permit applications must include a construction tree inventory plan indicating the location, species, and diameter of the trunk at 4.5’ above the ground (DBH) for all Protected Trees on the property and City-Owned Trees on or adjacent to the construction site. The plan must also indicate any Protected Trees that are proposed to be removed, as well as their replacement tree(s) location, species, and size. Applications must also include a tree protection plan describing in detail how Protected Trees and City-Owned Trees will be preserved and protected during construction. The tree protection plan shall follow the standards as presented in the most recent version of the following publications: i. ANSI A300 Part 5- Management of Trees and Shrubs During Site Planning, Site Development, and Construction ii. ISA Best Management Practices- Managing Trees During Construction d. The construction tree inventory plan and tree protection plan must be reviewed and approved by the City Forester. Approved tree protection measures shall be fully installed and inspected by City staff prior to commencement of any construction activities or vehicular traffic on site. e. During the demolition and building process, the permit holder shall not leave any Protected Tree or adjacent City-owned tree without sufficient guards and protections to prevent injury to the protected tree during construction. Tree protection shall follow the standards as presented in the publications listed above (3.b.). City Forestry Staff monitoring is required for all projects with affected Protected Trees and/or replacement trees. Replacement trees will be monitored for three (3) years to ensure proper establishment. 178 Item 15. City of Columbia Heights – Ordinance 1711 Page 45 f. Protected Tree varieties that are less than 6” in caliper must be moved to another location on the property if possible. Exceptions must be granted in writing by the City Forester. g. If a Protected Tree is removed, except as allowed for in paragraph 5 below, it is subject to a size-based replacement policy. i. Protected trees with DBH 6”-15” are subject to a 2:1, “two for one” replacement requirement. ii. Protected trees with DBH 15”-20” are subject to a 3:1, “three for one” replacement requirement. iii. Protected trees with DBH 20”-25” are subject to a 4:1, “four for one” replacement requirement. iv. Protected trees with DBH >25” are subject to a 5:1, “five for one” replacement requirement. v. Replacement trees must be varied by species and are subject to approval by the City Forester. vi. Replacement trees are subject to the size and diversity requirements as outlined below. vii. A payment of $400 for each tree may be made to the City in lieu of planting replacement trees where sufficient space does not exist on the property. Payments will support the planting of replacement trees by City staff on City property. viii. Replacement trees shall be planted according to the standards set forth in the MN Department of Natural Resources publication “A Pocket Guide to Planting Trees”. All replacement trees are subject to inspection by City staff for a period of 2 years beginning the day of planting. Any trees determined to be unhealthy or poorly established during this period shall be subject to replacement. (3) Removal of Protected and Removable Trees: a. Protected Trees may be removed in the following areas: 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 179 Item 15. City of Columbia Heights – Ordinance 1711 Page 46 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 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 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 180 Item 15. City of Columbia Heights – Ordinance 1711 Page 47 Table 2: Soil Volume Requirements Expected Tree Size at Maturity Minimum Soil Volume Requirement (ft3) 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 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 181 Item 15. City of Columbia Heights – Ordinance 1711 Page 48 Pine, White Pinus strobus Spruce, Norway Picea abies Spruce, White Picea glauca Walnut, Black Juglans nigra Appendix B: Definitions and Rules for Calculating Soil Volume The following definitions apply to soil media for newly planted trees in the City of Columbia Heights: Open soil. Exclusively refers to either uncompacted native soils (no greater than 80% Proctor), or amended 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 182 Item 15. City of Columbia Heights – Ordinance 1711 Page 49 towards total soil volume. A maximum depth of 36” may be used when calculating total soil volume; depths beyond 36” may not be counted towards soil volume requirements. Trees in shared soil spaces receive a 30% credit towards total soil volume requirements. (6) Landscaping requirements. Landscaping shall be provided in accordance with the following requirements: a. All required setbacks shall be landscaped with turf grass, native grasses, trees, shrubs, vines, perennial flowering plants, or other pervious ground cover. Artificial turf shall not be considered a pervious ground cover unless a land disturbance permit is issued and approved by the Public Work Director. b. A minimum of one tree shall be planted for every 50 feet of street frontage or fraction thereof. The trees shall be planted within the front yard and may be arranged in a cluster or placed at regular intervals to best complement existing landscape design patterns in the area. 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 183 Item 15. City of Columbia Heights – Ordinance 1711 Page 50 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. (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. 184 Item 15. City of Columbia Heights – Ordinance 1711 Page 51 Minimum window area shall be measured between the height of two feet and ten feet above the finished level of the first floor. (c) All additions, exterior alterations or accessory buildings constructed after the original buildings shall be of the same material and design as the original structure. However, this provision shall not prohibit the upgrading of the quality of materials used in a remodeling or expansion activity, provided said upgraded material complements the original. (d) All structures over 120 square feet shall have full perimeter footings. (e) Steel frame structures with metal siding and roof are allowed in commercial and industrial districts provided 50% or more of the front of the structure is masonry type veneer and windows, and the side walls shall be at least four feet from grade with the same type of masonry veneer. (4) Application of master plan district provisions. Properties located within the district boundaries of master plan area shall also be subject to the district provisions of the master plan. (5) Design guidelines. The City Council may adopt by resolution design guidelines that shall apply to designated areas or districts of the city with greater specificity than the standards in this section. Where there is a conflict between the design guidelines and the standards in this section, the guidelines shall apply. The design guidelines shall not prohibit public art. Public art shall be allowed to be incorporated into building design and may include but is not limited to; painted block, landscaping and tree plantings, and ornamental structures, etc. Public art shall be encouraged as an alternative to traditional design guideline requirements. (O) Telecommunication towers/antennae. (1) Purpose. (a) The purpose of this division is to provide a uniform and comprehensive set of standards for the development and installation of wireless communications towers, antennas and related facilities. The regulations and requirements contained herein are intended to: (i) regulate the placement, construction and modification of wireless communications towers and related wireless communications facilities in order to protect the health, safety, and welfare of the public and the aesthetic quality of the city; and (ii) encourage managed development of wireless communications infrastructure, while at the same time not unreasonably interfering with the development of the competitive wireless communications marketplace in the City of Columbia Heights. (b) It is intended that the city shall apply these regulations to accomplish the following: 1. Minimize the total number of towers throughout the community through siting standards; 2. Encourage the location of towers in non-residential areas and with compatible uses; 3. Provide for the appropriate location and development of wireless communications towers, antennas and related facilities within the city, to the extent possible, to minimize 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 techniques utilizing current and future technologies; 5. Promote and encourage shared use/co-location of towers and antenna support structures; 185 Item 15. City of Columbia Heights – Ordinance 1711 Page 52 6. Maintain and preserve the existing residential character of the City of Columbia Heights and its neighborhoods and to promote the creation of a convenient, attractive and harmonious community; 7. Promote the public safety and avoid the risk of damage to adjacent properties by ensuring that wireless communications towers and related wireless communications facilities are properly designed, constructed, modified, maintained and removed; 8. Ensure that wireless communications towers and related wireless communications facilities are compatible with surrounding land uses; 9. Encourage the use of alternative support structures, co-location of new antennas on existing wireless communications towers, camouflaged towers, and construction of towers with the ability to locate three or more providers; 10. Maintain and ensure that a non-discriminatory, competitive and broad range of wireless communications services and high-quality wireless communications infrastructure consistent with federal law are provided to serve the community; and 11. Ensure that wireless communications facilities comply with radio frequency emissions standards as promulgated by the Federal Communications Commission. (c) This section is not intended to regulate satellite dishes, satellite earth station antennas, residential television antennas in private use, multichannel multipoint distribution service antennas, or amateur radio antennas. (2) Definitions. For the purposes of this division the following terms and phrases shall have the meaning ascribed to them herein: ACCESSORY STRUCTURE. Means a structure or portion of a structure subordinate to and serving the principal structure on the same lot. ACCESSORY USE. Shall have the meaning set forth in the Chapter 9. ANTENNA. Means a device fabricated of fiberglass, metal or other material designed for use in transmitting and/or receiving communications signals and usually attached to a wireless communications tower or antenna support structure. ANTENNA SUPPORT STRUCTURE. Any building or structure, excluding towers, used or useable for one or more wireless communications facilities. BUFFER or BUFFERING. A natural or landscaped area or screening device intended to separate and/or partially obstruct the view of adjacent land uses or properties from one another so as to lessen the impact and adverse relationship between dissimilar, unrelated or incompatible land uses. CITY. The City of Columbia Heights, Minnesota, and any and all departments, agencies and divisions thereof. CITY CODE. The Columbia Heights City Code, as amended from time to time. CITY COUNCIL or COUNCIL. The Columbia Heights City Council or its designee. CITY MANAGER. The City Manager of the City of Columbia Heights, Minnesota or the City Manager’s designee. 186 Item 15. City of Columbia Heights – Ordinance 1711 Page 53 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 provisions 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 facility. A 187 Item 15. City of Columbia Heights – Ordinance 1711 Page 54 person that leases a portion of a wireless communications facility shall be treated as a provider for purposes of this division. SATELLITE DISH. An antenna device incorporating a reflective surface that is solid, open mesh, or bar configured that is shallow dish, cone, horn, or cornucopia-shaped and is used to transmit and/or receive electromagnetic signals. This definition is meant to include, but is not limited to, what are commonly referred to as satellite earth stations, TVROs and satellite microwave antennas. SELF-SUPPORT/LATTICE TOWER. A tower structure requiring no guy wires for support. STEALTH or CAMOUFLAGED TOWER, EQUIPMENT CABINET or FACILITY. Any wireless communications tower, equipment cabinet or facility designed to hide, obscure or conceal the presence of the tower, antenna, equipment cabinet or other related facility. The stealth technology used must incorporate the wireless communications tower, equipment cabinet and facility into and be compatible with the existing or proposed uses of the site. Examples of stealth facilities include, but are not limited to: architecturally screened roof-mounted antennas, antennas 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 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. 188 Item 15. City of Columbia Heights – Ordinance 1711 Page 55 (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 towers, including re-located or expanded and/or modified towers, but not to existing towers: (a) Wireless communications towers less than 120 feet in height shall be a permitted use in the I-1 and I-2 zoning districts. (b) Wireless communications towers greater than or equal to 120 feet in height shall be a conditional use in the I-1 and I-2 zoning districts. (c) Wireless communications towers less than 80 feet in height shall be a permitted use in the RB, CBD and GB zoning districts. (d) Wireless communications towers greater than or equal to 80 feet in height shall be a conditional use in the RB, CBD and GB zoning districts. (e) Wireless communications towers less than 80 feet in height shall only be allowed as a 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. (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. 189 Item 15. City of Columbia Heights – Ordinance 1711 Page 56 (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 accommodate co-location of additional wireless communications facilities as follows: 1. An application for a wireless communications permit to modify or relocate a wireless communications tower shall be made to the Zoning Administrator. The application shall contain the information required by division (O)(14)(b) and (c). The Zoning Administrator shall have the authority to issue a wireless communications permit without further approval by the Council or the Planning Commission, except as provided in this 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). 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. 190 Item 15. City of Columbia Heights – Ordinance 1711 Page 57 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 forth by the city code, and federal and state law; 5. An application fee in the amount set by the Council for each wireless communications facility listed on the application; 6. A copy of all licenses and/or franchises required by federal, state or local law for the construction and/or operation of a wireless communications system in the city; 7. A scaled site plan clearly indicating the location, type and height of the proposed wireless communications facility, on-site land uses and zoning, elevation and stealth design drawings of the proposed wireless communications facility and the supporting tower, topography, and any other information deemed by the city to be necessary to assess compliance with this division and the land use and development regulations; 8. An inventory of the applicant’s existing towers and wireless communications facilities, if any, that are either within the jurisdiction of the city or within one mile of the city limits, including specific 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 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. 191 Item 15. City of Columbia Heights – Ordinance 1711 Page 58 (d) A petitioner shall submit any additional information requested by the city for purposes of evaluating the permit request. (e) In granting or denying a wireless communications permit to locate or re-locate a wireless communications facility on an existing tower, the Zoning Administrator shall prepare a written record of decision including findings of fact. (9) Wireless communications facilities on antenna support structures. (a) All wireless communications facilities to be located on antenna support structures shall be subject to the following minimum standards: 1. Wireless communications facilities shall only be permitted on buildings which are at least 35 feet tall. 2. Wireless communications facilities shall be permitted on the city’s water tower; provided that the city may impose reasonable conditions which ensure that such facilities do not interfere with access to or maintenance of the tower. 3. If an equipment cabinet associated with a wireless communications facility is located on the roof of a building, the area of the equipment cabinet shall not exceed 10 feet in height, 400 square feet in area nor occupy more than 10% of the roof area. All equipment cabinets shall be constructed out of nonreflective materials and shall be designed to blend with existing architecture and located or designed to minimize their visibility. (b) Antenna dimensions. 1. Unless a conditional use permit is obtained from the city, whip antennas and their supports must not exceed 25 feet in height and 12 inches in diameter and must be constructed of a material or color which matches the exterior of the antenna support structure. 2. Unless a conditional use permit is obtained from the city, panel antennas and their supports must not exceed 8 feet in height or 2.5 feet in width and must be constructed of a material or color which matches the exterior of the building or structure, so as to achieve maximum compatibility and minimum visibility. 3. Unless a conditional use permit is obtained from the city, microwave dish antennas located below 65 feet above the ground may not exceed 6 feet in diameter. Microwave 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. Wireless communications facilities and related equipment cabinets shall be of a stealth design, and shall have an exterior finish and/or design as approved by the city. (10) Application to locate wireless communications facility on antenna support structure. 192 Item 15. City of Columbia Heights – Ordinance 1711 Page 59 (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 10. A certification that the site described in the application is located on an existing antenna support structure and the owner/operator agrees to the location or co-location of the subject wireless communications facility. (b) An application for a wireless communications permit to locate or re-locate a wireless communications facility that proposes to co-locate said facility on an antenna support structure and that satisfies the requirements set forth in this division, shall receive expedited treatment in the review process. (c) So as to further expedite the permitting process and to promote the efficient use of existing sites, the city encourages the users of antenna support structures to submit a single application for approval of multiple users on a single existing site. Applications for approval at multiple user sites shall be given priority in the review process. The fee to be submitted with a multiple user application shall be the fee described in this division multiplied by the number of users listed in such application. (d) An applicant must submit a proposed stealth design for camouflaging its wireless communications facility, unless this requirement is preempted by the operation of applicable laws or regulations. (e) A petitioner shall submit any additional information requested by the city for purposes of evaluating the permit request. 193 Item 15. City of Columbia Heights – Ordinance 1711 Page 60 (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. (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 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 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; 194 Item 15. City of Columbia Heights – Ordinance 1711 Page 61 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. (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 applicant 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. 195 Item 15. City of Columbia Heights – Ordinance 1711 Page 62 1. Except for wireless communications facilities located on roof-tops or utility pole- mounted facilities, the minimum wireless communications tower separation distance shall be calculated and applied irrespective of jurisdictional boundaries. 2. Measurement of wireless communications tower separation distances for the purpose of compliance with this division shall be measured from the base of a wireless communications tower to the base of the existing or approved wireless communications tower. 3. Proposed towers must meet the following minimum separation requirements from existing towers or towers previously approved but not yet constructed at the time a development permit is granted pursuant to this division: MINIMUM TOWER SEPARATION DISTANCE Height of Existing Tower Height of Proposed Tower Minimum Separation MINIMUM TOWER SEPARATION DISTANCE Height of Existing Tower Height of Proposed Tower Minimum Separation Less than 50 feet Less than 50 feet 100 feet 50–100 feet 200 feet 101–150 feet 400 feet 151–200 feet 800 feet 50–100 feet Less than 50 feet 100 feet 50–100 feet 400 feet 101–150 feet 600 feet 151–200 feet 800 feet 101–150 feet Less than 50 feet 100 feet 50–100 feet 400 feet 101–150 feet 600 feet 151–200 feet 800 feet 151–200 feet Less than 50 feet 100 feet 50–100 feet 600 feet 101–150 feet 800 feet 151–200 feet 1,000 feet 4. For the purpose of this subsection, the separation distances shall be measured by drawing or following a straight line between the center of the base of the existing or approved structure and the center of the proposed base, pursuant to a site plan of the proposed wireless communications tower. 196 Item 15. City of Columbia Heights – Ordinance 1711 Page 63 (c) Standards for co-location. This subsection is designed to foster shared use of wireless communications towers. 1. Construction of excess capacity. Any owner of a wireless communications tower shall permit other providers to install or co-locate antennae or wireless communications facilities on such towers, if available space and structural capacity exists; provided, however, that no wireless communications tower shall be used to support wireless communications facilities for more than three separate providers. Any co-location of wireless communications facilities shall be subject to mutually agreeable terms and conditions negotiated between the parties. All new wireless communications towers shall be constructed with excess capacity for co-location as follows: Less than 80 feet in height One additional user 80 feet to 119 feet in height Two or more additional users (up to a maximum of three users) 120 feet in height or greater Three additional users 2. Notwithstanding anything to the contrary, all new monopole towers over 80 feet in height and existing monopole towers that are extended to a height over 80 feet shall be designed and built to accommodate at least two providers, and up to a maximum of three providers if technically possible. 3. Notwithstanding anything to the contrary, all new guyed towers, and existing guyed towers that are replaced or modified shall be designed and built to accommodate three 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 197 Item 15. City of Columbia Heights – Ordinance 1711 Page 64 buffer shall consist of a landscaped strip at least 10 feet wide outside the perimeter of the compound. Existing mature growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as wireless communications towers sited on large, wooded lots, natural growth around the property perimeter may be a sufficient buffer. All areas disturbed during project construction shall be replanted with vegetation. The owner of a wireless communications tower is responsible for all 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. 1. Whenever a visual impact analysis is required, an applicant shall utilize digital imaging technology to prepare the analysis in a manner acceptable to the city. At a minimum, a visual impact analysis must provide the following information: a. The location of the proposed wireless communications tower illustrated upon an aerial photograph at a scale of not more than one inch equals 300 feet (1 inch = 300 feet). All adjacent zoning districts within a 3,000-foot radius from all property lines of the proposed wireless communications tower site shall be indicated; and b. A line of site analysis which shall include the following information: i. Certification that the proposed wireless communications tower meets or exceeds standards contained in this division; ii. Identification of all significant existing natural and manmade features adjacent to the proposed wireless communications tower site and identification of features which may provide buffering and screening for adjacent properties and public rights-of-way; iii. Identification of at least three specific points within a 2,000-foot radius of the proposed wireless communications tower location, subject to approval by the Zoning Administrator, for conducting the visual impact analysis; iv. Copies of all calculations and a description of the methodology used in selecting the points of view and collection of data submitted in the analysis; v. Graphic illustration of the visual impact of the proposed wireless communications tower, at a scale that does not exceed five degrees of horizontal distance, presented from the specific identified points; vi. Identification of all screening and buffering materials under the permanent control of the applicant (only screening and buffering materials located within the boundaries of the proposed site shall be considered for the visual impact analysis); and 198 Item 15. City of Columbia Heights – Ordinance 1711 Page 65 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 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 parity 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; 199 Item 15. City of Columbia Heights – Ordinance 1711 Page 66 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 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 existing towers or antenna support structures within an area equal to 100% of the search ring for the wireless communications facility proposed to be located on the proposed new tower; 10. Written documentation in the form of an affidavit that the applicant made diligent, but unsuccessful efforts for permission to install or co-locate the proposed wireless communications facility on all existing towers or antenna support structures located within an area equal to 100% of the search ring for the proposed site of the wireless communications facility; 11. Written, technical evidence from a qualified engineer that the proposed wireless communications facility cannot be installed or co-located on an existing tower or antenna support structure located within the city and must be located at the proposed site in order to meet the coverage requirements of the proposed wireless communications service, together with a composite propagation study which illustrates graphically existing and proposed coverage in industry-accepted median received signal ranges; 12. A written statement from a qualified engineer that the construction and placement of the proposed wireless communications tower will comply with Federal Communications Commission radiation standards for interference and safety and will produce no significant signal interference with public safety communications and the usual and customary transmission or reception of radio, television, or other communications services enjoyed by adjacent residential and non-residential properties; and 13. A certification that the applicant will comply with all applicable federal, state or local laws including all the provisions of this division and the land use and development regulations. (d) A proposed wireless communications tower that exceeds the height limitations for a permitted tower in the GB, RB, CBD, I-1 or I-2 zoning districts, or any proposed wireless communications tower under 80 feet in the R-1, 200 Item 15. City of Columbia Heights – Ordinance 1711 Page 67 R-2, R-3, R-4, or LB districts, shall only be allowed upon approval of a conditional use permit. The City Council may establish any reasonable conditions for approval that are deemed necessary to mitigate adverse impacts associated with the conditional use, to protect neighboring properties, and to achieve the objectives of this division and the land use and development regulations. Such a conditional use 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 contained 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. (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 201 Item 15. City of Columbia Heights – Ordinance 1711 Page 68 certifications should there be reason to believe that the structural and/or electrical integrity of the tower is jeopardized; b. The number of providers located on the tower and their names, addresses and telephone numbers; c. The type and use of any wireless communications facilities located on the tower; and d. The name, address and telephone number of any new owner of the tower, if there has been a change of ownership of the tower. 2. An annual payment of a registration fee, as set by the Council, for each tower located within the city shall be submitted to the city at the time of submission of the documentation required above. (16) General requirements. The following conditions apply to all wireless communications towers and wireless communications facilities in the city: (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 finish. The city may provide a wireless communications tower or equipment cabinet owner and/or operator written notice to remove or cover graffiti within a specific period of time or as required by other appropriate sections of the city code as presently existing or as may be periodically amended. In the event the graffiti has not been removed or painted over by the owner and/or operator within the specified time period, the city shall have the right to remove or paint over the graffiti or other inscribed materials. In the event the city has to remove or paint over the graffiti, then the owner 202 Item 15. City of Columbia Heights – Ordinance 1711 Page 69 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, 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 tower or wireless communications facility is discontinued, the owner and/or operator shall provide written notice to the city of its intent to discontinue use and the date when the use shall be discontinued. (g) Abandoned tower or antenna. The city may require removal of any abandoned or unused wireless communications tower or wireless communications facility by the tower or facility owner within 30 days after notice from the city of abandonment. A wireless communications tower or wireless communications facility shall be considered abandoned if use has been discontinued for 180 consecutive days. 1. Removal by city. Where a wireless communications tower or wireless communications facility is abandoned but not removed within the specified time frame, the city may remove the facility or remove or demolish the tower and place a lien on the property following the procedures (but not the criteria) for demolition of an unsafe building/structure of the city’s housing code. 2. Towers utilized for other purposes. Where a wireless communications tower is utilized for other purposes, including but not limited to light standards and power poles, it 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 203 Item 15. City of Columbia Heights – Ordinance 1711 Page 70 b. Either a surety or a letter of credit, equivalent to 100% of the estimated cost to remove and dispose of the tower. The form of the surety or the letter of credit shall be subject to approval by the Zoning Administrator and the City Attorney. (h) FCC emissions standards. At all times, owners and/or operators of wireless communications facilities shall comply with the radio frequency emissions standards of the Federal Communications Commission. 1. Testing required. All existing and future wireless communications facilities shall be tested in accordance with applicable laws and regulations. Such testing, to the extent it is required, shall comply with standards and procedures prescribed by the Federal Communications Commission. 2. Inspections. The city reserves the right to conduct random radio frequency emissions inspections. The cost for such random inspections shall be paid from the wireless communications annual registration fees, unless an owner and/or operator is found to be in noncompliance with Federal Communications Commission RF emissions 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 tower or other support structure and/or related equipment cabinet 204 Item 15. City of Columbia Heights – Ordinance 1711 Page 71 complies with the State Building Code and all applicable requirements and standards set forth in local, state or federal law and to conduct radiation measurements to determine whether all antenna and transmitting equipment are operating within Federal Communications Commission requirements. (n) Security. 1. An owner/operator of a wireless communications tower shall provide a security fence or equally effective barrier around the tower base or along the perimeter of the wireless communications tower compound. 2. If high voltage is necessary for the operation of the wireless communications tower or antenna support structure, “HIGH VOLTAGE - DANGER” warnings signs shall be permanently attached to the fence or barrier and shall be spaced no more than 20 feet apart, or on each fence or barrier frontage. 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 division may include fines and removal of the wireless communications tower or wireless communications facility at the owner’s expense. (Ord. 1424, passed 12-11-00) (P) Sign regulations. 205 Item 15. City of Columbia Heights – Ordinance 1711 Page 72 (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 and wind pressure, in any direction, in the amount required within this division, when specifically requested by the Zoning Administrator. (c) Application fee. Fees for all sign permits shall be established by resolution of the City Council. (d) Issuance of permit. Upon the filing of a completed application for a sign permit, the Zoning Administrator shall examine all accompanying drawing and supplemental data to determine compliance with the requirements of this division. Upon approval, the sign permit shall remain valid for a period of one year. If no work has commenced within such time period, a new permit shall be 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 regulating 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 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. 206 Item 15. City of Columbia Heights – Ordinance 1711 Page 73 (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 premises shall be maintained by the owner or person in charge thereof in a safe, clean, sanitary, and inoffensive condition, and free and clear of all obnoxious substances, rubbish and weeds. (c) Inspection. All signs for which a permit is required shall be subject to inspection by the Zoning Administrator. The Zoning Administrator, or any other official of the municipality who may be 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; (fg) Temporary signs pertaining to drives or events of charitable, educational or religious organizations, and governmental signs used for the promotion of citywide functions and/or events, provided that such signs shall not be erected or posted for a period of more than 14 days prior to the date of the event and shall be removed within three days thereafter; (gh) Flags or emblems of political, civic, philanthropic, educational or religious organizations; (hi) 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. (ij) In commercial or industrial districts, one temporary on-site, freestanding real estate sign advertising the sale, lease, or rental of the lot or premises upon which such sign is situated, provided the sign does not exceed six feet in height and 32 square feet in area. On corner lots, a second such sign may be located on the 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. (jk) 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 Formatted: Strikethrough 207 Item 15. City of Columbia Heights – Ordinance 1711 Page 74 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. (kl) 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. (ln) Time and temperature signs not to exceed 20 square feet per sign and one sign per side of building. (mo) 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. (np) Public art shall not count towards any signage regulations and only the portion of the artwork displaying the name of the business shall count towards the overall signage area. (6) Prohibited signs. Signs that are not specifically permitted in this division are hereby prohibited in all districts unless criteria is presented to allow the Planning Commission to deem that the sign design preserves and maintains the community’s unique historical and cultural elements. Without restricting or limiting the generality of the provisions of the foregoing, the following signs are specifically prohibited: (a) A balcony sign and a sign mounted or supported on a balcony. (b) Any sign that obstructs any part of a doorway or fire escape. (c) Any sign which, because of its position, movement, shape, illumination or color constitutes a traffic hazard because it obstructs free and clear vision, or interrupts, confuses or misleads traffic. (d) A private sign containing words or symbols, which might reasonably be construed as traffic controls. (e) An animated or rotating sign, except barber poles and signs displaying time and temperature information only in the animated or rotating portion thereof. (f) A flashing sign, including indoor flashing, electrical signs visible from the public right- of-way, other than time and temperature signs limited to such time and temperature information. (g) Any roof sign, unless attached to mansard roof or similar decorative style roof that is vertical in nature. (h) A projecting sign which either extends more than 18 inches from the building or structure to which it is attached, or which is larger than three feet in vertical height, other than canopy or marquee signs. Formatted: Strikethrough 208 Item 15. City of Columbia Heights – Ordinance 1711 Page 75 (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. (mo) 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). (np) Variable electronic message signs. (o) If a parcel of land on which a building is located directly abuts residentially zoned land, no wall sign may be located on the side of the building that faces the abutting residential parcel. (7) Temporary signs. The following standards shall apply to temporary signs in all zoning districts, as defined in the Sign Design Standards Table: (a) Each temporary sign, with the exception of sandwich board signs, shall require a sign permit from the City of Columbia Heights. Signs not considered permanent shall be considered temporary and may not be used as permanent wall signage for the business. (b) No 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. When 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. (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. Formatted: Strikethrough Formatted: Strikethrough 209 Item 15. City of Columbia Heights – Ordinance 1711 Page 76 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. (bi) 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. (cj) 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. (dk) 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. 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) Sign Design Standards Table. Any applicable signage allowed in Residential (R-1, R-2A, R-2B, R-3, R-4), Limited Business (LB), General Business (GB), Central Business District (CBD), Industrial (I-1 and I-2), and Public and Open Space (PO) shall follow the standards set forth in the design standards table described below: 9.106 Sign Design Standards Tables Zoning Districts Residential (R1, R-2A, R- 2B, R-3, R-4) Limited Business (LB) General Business (GB) Central Business (CBD) Industrial (I-1, I- 2) Public and Open Space (PO) Temp. Signs Not Permitted Permitted Max. Area N/A 48 Sq. Ft. 32 Sq. Ft. 48 Sq. Ft. Formatted: Strikethrough Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) 210 Item 15. City of Columbia Heights – Ordinance 1711 Page 77 Duration & Quantity Four (4) per year; limited to a 30-day period; no more than two temporary signs per business displayed at any time; if located within a shopping center, no more than four temporary signs may be displayed total. Grand Opening Signs Permitted (no permit required) Max. Area 50 Sq. Ft. Duration One sign for a max. of 60 consecutive days Sandwich Board Signs Not Permitted Permitted (no permit required) Not Permitted Max. Area N/A 8 Sq. Ft. per side N/A Max. Height 5 Feet Setbacks 5 Feet 5 Feet Dynamic LED Signage Conditional Use (Requires a Conditional Use Permit and only allowed on monument signs) Conditional Use (allowed on existing pylon signs) Max. Area No more than 60% of the copy and graphic sign area. Frequency of Message Change One message per 10 minutes of display time for religious and educational uses. One message per 10 minutes of display time for religious and educational uses. One message change for each 10 seconds of display time for commercial. One message change for each 10 seconds of display time for commercial. One message per 10 minutes of display time used in conjunction with a government facility. Max. illumination 5,000 nits (candelas per Sq. Ft.) during daylight; 500 nits between dusk to dawn measured from the sign face at maximum brightness. Wall Signs Permitted Max. Area 16 Sq. Ft. 2 Sq. Ft. per front foot of the building; not to exceed 50 Sq. Ft.; if facing a public alley, an additional sign not to exceed 4 Sq. Ft. is allowed 2 Sq. Ft. per front foot of the building; not to exceed 200 Sq. Ft.; if facing a public alley, an additional sign not to exceed 4 Sq. Ft. is allowed 2 Sq. Ft. per front foot of the building; not to exceed 100 Sq. Ft.; if facing a public alley, an additional sign not to exceed 4 Sq. Ft. is allowed 2 Sq. Ft. per front foot of the building; not to exceed 100 Sq. Ft. 2 Sq. Ft. per front foot of the building; not to exceed 200 Sq. Ft Max. Height Shall not extend above roof line Setback N/A Lighting Source External or internal Identification Signs Permitted Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) 211 Item 15. City of Columbia Heights – Ordinance 1711 Page 78 Max. Area 2 Sq. Ft. 50 Sq. Ft. per surface for area identification signs in shopping centers; in addition to one wall sign for each business not to exceed 50 Sq. Ft. One identification sign for each use other than the primary use not to exceed 2 Sq. Ft. 100 Sq. Ft. per surface for area identification signs in shopping centers; in addition to one wall sign for each business not to exceed 100 Sq. Ft. One identification sign for each use other than the primary use not to exceed 2 Sq. Ft. One identification sign for each use other than the primary use not to exceed 2 Sq. Ft. Any number of identification signs limited to 40 Sq. Ft. per service Max. Height Shall not extend above roof line 10 Feet Setbacks N/A 5 feet from any property lines. Lighting Source External or internal Pylon Sign Not Permitted Permitted Permitted Not Permitted Permitted Permitted Maximum Area N/A 40 Sq. Ft. 75 Sq. Ft. N/A 100 Sq. Ft. Any number of freestanding identification signs limited to 40 Sq. Ft. per service Maximum Height 20 Feet above grade at street level or the base of the sign, whichever is greater. 25 Feet above the grade at street level or at the base of the sign, whichever is greater. 25 Feet above the grade at street level or at the base of the sign, whichever is greater. 10 Feet Setback 20 Feet from front lot line; 5 Feet from any building or structure on the same lot 20 Feet from front lot line; 5 Feet from any building or structure on the same lot 5 feet from any property lines. Lighting Source External or internal External or internal Monument Sign Not Permitted Permitted Maximum Area N/A 40 Sq. Ft. 50 Sq. Ft. Maximum Height 8 Feet above grade at street level or at the base of the sign, whichever is greater 10 Feet above grade at street level or at the base of the sign, whichever is greater 10 Feet Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) 212 Item 15. City of Columbia Heights – Ordinance 1711 Page 79 Setback 5 Feet from all property lines and any buildings on the same lot Lighting Source External or internal Institutional Signs Permitted Not Permitted Permitted Maximum Area 40 sq. ft. N/A Any number of freestanding identification signs limited to 40 Sq. Ft. per service Maximum Height Wall signs shall not extend above roof line; pylon shall not extend beyond 25 feet; monument sign shall not exceed 10 feet. 10 Feet Setback 10 feet from all property lines; if there are multiple structures, a second institutional sign may be installed if there is 75 feet between the two signs. 5 feet from any property lines. Lighting Source External or internal External or Internal Window Signs Permitted (exempt) Maximum Area No more than 25% of window area 8(9) Dynamic LED signage. (a) Regulations. Dynamic LED signage is allowed as a conditional use in those zoning districts specified in this code. All dynamic LED signage is subject to the following conditions: 1. 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 Cchanges are necessary to correct hour-and-minute, date, or temperature information may change as frequently as once every five seconds. 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. Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough 213 Item 15. City of Columbia Heights – Ordinance 1711 Page 80 34. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 5. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 56. Dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this section. 7. Dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. Dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one-half hour before sunset and one half-hour after sunrise. 8. Dynamic LED signs existing on the effective date of Ordinance 1593, passed April 25, 2011, must comply with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements may continue as a non-conforming sign subject to § 9.105(E). (9) 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. Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough 214 Item 15. City of Columbia Heights – Ordinance 1711 Page 81 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. (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 215 Item 15. City of Columbia Heights – Ordinance 1711 Page 82 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 districts. (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. (110) Signs in LB, Limited Business District. (a) Restrictions on pPermitted signs. In the LB, Limited Business District, permitted signs are subject to the following restrictions: , 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. 12. One freestanding pylon sign only if the building or structure is located adjacent to a state trunk highway and located 20 feet or more from the front lot line, not to exceed 40 square feet per surface, and limited to two surfaces. 23. 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. 38. 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 Formatted: Strikethrough Formatted: Strikethrough 216 Item 15. City of Columbia Heights – Ordinance 1711 Page 83 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 such 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-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 message for each ten minutes of display time for religious or educational institutions. (121) Signs in CBD, Central Business District. (a) Permitted signs. In the CBD, Central Business District, permitted the following signs shall be subject to the following restrictionspermitted: 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. Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough 217 Item 15. City of Columbia Heights – Ordinance 1711 Page 84 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 primary 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 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 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 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 conditional 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. (123) Signs in the GB, General Business District. (a) Permitted signs. In the GB, General Business District, the following permitted signs shall be subject to the following restrictionspermitted: 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 Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough 218 Item 15. City of Columbia Heights – Ordinance 1711 Page 85 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. 21. One freestanding pylon sign is allowed only if the building or structure is located adjacent to a state trunk highway and located 20 feet or more from the front lot line, not to exceed 75 square feet per surface and limited to two surfaces. pProvided, however, that: a. If the building contains more than 80,000 square feet of gross floor area or the site on which the building is located contains more than 90,000 square feet of surface area; b. If the street frontage of the site on which the building or structure is located exceeds 150 feet in length; and c. If the building is located 20 feet or more from the front lot line and is located adjacent to a state trunk highway, a second freestanding sign not to exceed 75 square feet and limited to two surfaces shall be permitted at a location at least 50 feet distant from any other freestanding sign and at least 25 feet distant from the lot line of any adjoining parcel of and other than a street or alley. 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 or 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. 28. One wall sign per building with an area of the lesser of 20 square feet or 1/2 square foot for each front foot of a building or structure provided that the said sign is located on the same side of the building as an entrance approved by the City Building Official as a public entrance and provided that the said public entrance and sign faces a parking facility designated by the city as approved public parking. 3. The maximum height of a monument sign, including its structures, shall not exceed eight feet above grade at street level or at the base of the sign, whichever is greater, unless the monument sign is located in the Design Overlay Highway District. In this case, the maximum height may be increased to ten feet above grade at street level or at the base of the sign, whichever is greater, if the principal structure is greater than or equal to 22 feet in height. (b) Restrictions on permitted signs. Permitted signs in the GB, General Business District, are subject to the following restrictions: Formatted: Strikethrough Formatted: Strikethrough 219 Item 15. City of Columbia Heights – Ordinance 1711 Page 86 1. Total signage 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 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 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 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. (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. (134) 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 permitted signs shall be subject to the following restrictions 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 more 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. Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough 220 Item 15. City of Columbia Heights – Ordinance 1711 Page 87 4. One identification sign for each use other than primary use, not to exceed two square feet per surface and limited to one sign. 15. 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-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 in height, and shall be located no closer than five feet from any property line. Formatted: Strikethrough Formatted: Strikethrough 221 Item 15. City of Columbia Heights – Ordinance 1711 Page 88 (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: 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. (146) 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. (157) 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 the city. This division is to be used in supplement to the City Zoning Code, § 9.106 and to any other regulations as required by state agencies. (2) Definitions. For the purpose of this division, the following definitions shall apply unless the context clearly indicates or requires a different meaning. 222 Item 15. City of Columbia Heights – Ordinance 1711 Page 89 AS-BUILT PLANS. Record drawings of approved and as-constructed improvements. BEST MANAGEMENT PRACTICES (BMPs). Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing degradation of surface water, including avoidance of impacts, construction phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated area-wide planning agencies. CLEARING. Any activity that removes the vegetative surface cover. CONSERVATION EASEMENT. Legal land preservation agreement between a landowner and a municipality or a qualified land protection organization. The easement confers the transfer of usage rights from one party to another. CONSTRUCTION ACTIVITY. A disturbance to the land that results in a change in the topography, or the existing soil cover (both vegetative and non-vegetative). Examples of construction activity may include clearing, grading, filling and excavating. CONTRACTOR. The party who signs the construction contract. Where the construction project involves more than one contractor, the general contractor shall be the contractor that is responsible pursuant to the obligations set forth in this division. DEVELOPER. The party who signs the development agreement with the city to construct a project. DEWATERING. The removal of water for construction activity. It can be a discharge of appropriated surface or groundwater to dry and/or solidify a construction site. Minnesota Department of Natural Resources permits are required to be appropriated, and if contaminated, may require other MPCA permits to be discharged. EROSION. The wearing away of the ground surface as a result of movement of wind, water, ice and/or land disturbance activities. EROSION CONTROL. A measure that prevents erosion, including, but not limited to: soil stabilization practices, limited grading, mulch, temporary or permanent cover, and construction phasing. EROSION CONTROL INSPECTOR. A designated agent given authority by the city to inspect and maintain erosion and sediment control practices. FINAL GRADE. Excavation or fill of material to final plan elevation. Final grade completed as part of individual site development. FINAL STABILIZATION. All soil disturbing activities at the site have been completed and a uniform (evenly distributed, without large bare areas) perennial vegetative cover, with a density of 70% of approved vegetative cover, for the area has been established on all 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 223 Item 15. City of Columbia Heights – Ordinance 1711 Page 90 control grading, sediment and erosion on a development site during and after construction as detailed in the "Zoning Ordinance" and City SWPPP. IMPERVIOUS SURFACE. A constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads. LAND DISTURBING ACTIVITY. Any land change that may result in soil erosion from water or wind and the movement of sediments into or upon waters or lands within the city’s jurisdiction, including, but not limited to, clearing, grubbing, grading, excavating, transporting and filling. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). The program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean Water Act (Sections 301, 318, 402, and 405) and United States Code of Federal Regulations Title 33, Sections 1317, 1328, 1342, and 1345. PERIMETER SEDIMENT CONTROL. A barrier that prevents sediment from leaving a site by filtering sediment- laden runoff or diverting it to a sediment trap or basin. PERMANENT COVER. Final site stabilization. Examples include turf, gravel, asphalt, and concrete. PHASING. Clearing a parcel of land in distinct phases, with the stabilization of each phase completed before the clearing of the next. PUBLIC WATERWAY. Any body of water, including, but not limited to, lakes, ponds, rivers, streams, and bodies of water delineated by the city or other state or federal agency. PUBLIC WORKS DIRECTOR. A registered professional engineer with the State of Minnesota who has received training and is given authority by the city to review, authorize, approve, inspect, and maintain erosion and sediment control plans and practices. ROUGH GRADE. Excavation or fill of material to a condition suitable for general maintenance. SEDIMENT. The product of an erosion process; solid material, both mineral and organic, that is in suspension, is being transported, or has been moved by water, air, or ice, and has come to rest on the earth’s surface, either above or below water level. SEDIMENT CONTROL. Measures and methods employed to prevent sediment from leaving the site. Sediment control practices may include, but are not limited to, silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drains, pipe slope drains, storm drain inlet protection, and temporary or permanent sedimentation basins. SITE. A parcel of land or a contiguous combination thereof, where grading work is performed as a single unified operation. STABILIZED. The exposed ground surface has been covered by appropriate materials such as mulch, staked sod, riprap, wood fiber blanket, or other material that prevents erosion from occurring. Grass seeding is not stabilization. STANDARD PLATES. General drawings having or showing similar characteristics or qualities that are representative of a construction practice or activity. 224 Item 15. City of Columbia Heights – Ordinance 1711 Page 91 START OF CONSTRUCTION. The first land-disturbing activity associated with a development, including land preparation such as clearing, grading, excavation and filling. STORM WATER. Defined under Minn. Rules, part 7077.0105, subp. 41(b), and includes precipitation runoff, storm water runoff, snow melt runoff, and any other surface runoff and drainage. STORM WATER POLLUTION PREVENTION PROGRAM (SWPPP). A program for managing and reducing storm water discharge that includes erosion prevention measures and sediment controls that, when implemented, will decrease soil erosion on a parcel of land and decrease off-site nonpoint pollution. SURFACE WATER or WATERS. All streams, lakes, ponds, marshes, wetlands, reservoirs, springs, rivers, drainage systems, waterways, watercourses, and irrigation systems, whether natural or artificial, public or private. TEMPORARY EROSION CONTROL. Methods employed to prevent erosion. Examples of temporary cover include: straw, wood fiber blanket, wood chips, and erosion netting. WATERWAY. A channel that directs surface runoff to a watercourse or to the public storm drain. WATER CONVEYANCE SYSTEM. Any channel that conveys surface runoff throughout the site. WETLAND or WETLANDS. Defined in Minn. Rules, part 7050.0130, subp. F, and includes those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Constructed wetlands designed for wastewater treatment are not waters of the state. ZONING ORDINANCE. City code detailing city specifications for all plan requirements. (3) Permits. (a) Approval. No person shall be granted a grading permit for land-disturbing activity that would require the uncovering or distributing of material in excess of any of the following measurements without the approval of a Grading, Erosion and Sediment Control, and Storm Water Management Plan by the city. 1. Ten thousand square feet. 2. Five hundred cubic yards undeveloped land, or 50 cubic yards developed land. 3. Within 1,000 feet of a waterway. (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. 225 Item 15. City of Columbia Heights – Ordinance 1711 Page 92 1. Each application shall bear the name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant, together with the name of the applicant's principal contact at such firm. 2. A filing fee and security as outlined by the city’s Zoning Ordinance and subdivision (d) below. 3. A Grading, Erosion and Sediment Control, and Storm Water Management Plan meeting the requirements of this division. Each application shall include the required number of plans and other required materials as specified on the application form. 4. The application form shall include a statement by the applicant that any land clearing, construction, or development involving the movement of earth shall be in accordance with the approved Grading, Erosion and Sediment Control, and Storm Water Management Plan. (d) Security. 1. The permittee will be required to file with the city an irrevocable, automatically renewing letter of credit, or other improvement security in the amount specified by the current city SWMDS for fee schedule. a. The security shall cover all costs of engineering and inspection, site improvements, street sweeping, repairs to erosion control measures, and maintenance of improvements for such period as specified by the city. Such deposit shall be provided prior to the release of the grading permit. b. Deposit shall be released after final stabilization is complete, erosion control measures have been removed, and their removal area inspected. 2. Individual lot developers shall be required to provide a bond with a building permit application. a. The security shall cover city costs for street sweeping, installation, maintenance and repairs to erosion control measures. The bond will be in an amount as specified by the current city SWMDS for fee schedule. b. The security shall be released after turf is established as specified in the City Zoning Ordinance. (e) Procedure. The city will review each application for grading permit to determine its conformance with the provisions of this regulation and other applicable requirements. The city requires complete application no less than 15 working days in advance of the desired grading permit date. Upon complete application, the city shall, in writing: 1. Approve the permit application; 2. Approve the permit application, subject to such reasonable conditions as may be necessary to secure substantially the objectives of this regulation, and issue the permit subject to these conditions; or 3. Disapprove the permit application, indicating the reason(s) and procedure for submitting a revised application and/or submission; 4. Appeals of denial of permit shall be processed in accordance with appeal to the City Zoning Ordinance. (4) Grading, Erosion and Sediment Control, and Storm Water Management Plan requirements. (a) Plan requirements. Grading, erosion control practices, sediment control practices, storm water management practices, and waterway crossings shall meet the design criteria set forth in the Grading, Erosion and Sediment Control, and Storm Water Management Plan, and shall be adequate to prevent transportation of sediment 226 Item 15. City of Columbia Heights – Ordinance 1711 Page 93 from the site to the satisfaction of the city. No land shall be disturbed until the plan is approved by the Public Works Director, and conforms to the standards set forth herein. (b) The Grading, Erosion and Sediment Control, and Storm Water Management Plan shall comply with all of the NPDES general construction storm water permit requirements and the city’s SWMDS for temporary erosion and sediment control, waste control, final stabilization and permanent water quality. (5) Construction requirements. Construction specifications, waterway and watercourse protections requirements, and pollution prevention management measures shall comply, at a minimum, with all of the NPDES general construction storm water permit requirements, in addition to the city’s SWMDS. (6) Inspection. Notification, procedures, material requirements, permittee inspection, authorization, and record keeping shall comply, at a minimum, with all of the NPDES general construction storm water permit requirements, in addition to the city’s SWMDS. (7) Site maintenance. Responsibilities, maintenance requirements, and lapses regarding site maintenance shall comply, at a minimum, with all of the NPDES general construction storm water permit requirements, in addition to the city’s SWMDS. (8) Final stabilization requirements. Final stabilization is not complete until the criteria laid out in the NPDES general construction storm water permit and the city’s SWMDS are met. (9) Post-construction storm water management. All post-construction storm water management plans must be submitted to the Public Works Director prior to the start of construction activity. Standards for post-construction storm water management shall be as follows: (a) Specifications. At a minimum, applicants shall comply with all of the NPDES general construction storm water permit requirements. (b) Design criteria. Permanent storm water management systems shall meet the design criteria as provided in the city’s SWMDS. (c) Maintenance agreement. The applicant shall enter into a maintenance agreement with the city that documents all responsibilities for operation and maintenance of long-term storm water treatment BMPs. Such responsibilities shall be documented in a maintenance plan and executed through a maintenance agreement. All maintenance agreements must be approved by the city and recorded at the County Recorder’s office prior to final plan approval. At a minimum, the maintenance agreement shall describe the following inspection and maintenance obligations: 1. The responsible party who is permanently responsible for inspection and maintenance of the structural and nonstructural measures. 2. Pass responsibilities for such maintenance to successors in title. 3. Allow the city and its representatives the right of entry for the purposes of inspecting all permanent storm water management systems. 4. Allow the city the right to repair and maintain the facility, if necessary maintenance is not performed, after proper and reasonable notice to the responsible party of the permanent storm water management system. 5. Include a maintenance plan that contains, but is not limited to, the following: 227 Item 15. City of Columbia Heights – Ordinance 1711 Page 94 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 stabilization, completion of proper turf establishment, and placement of the proper conservation easement posts and signs as specified. Inspection is required after the removal of erosion control measures to verify proper restoration. Please refer to City Zoning Ordinance for specifications. (11) Enforcement. 228 Item 15. City of Columbia Heights – Ordinance 1711 Page 95 (a) Notice of violation. 1. In the event that any work on the site does not conform to the approved erosion and sediment control plan, or any of the requirements listed in the provisions of this article, the Public Works Director, or his or her designee, shall issue a written notice of violation to the applicant, detailing the corrective actions necessary for compliance. 2. The applicant shall conduct the corrective actions within the time period determined by the city and stated in the notice. 3. If an imminent hazard exists, the city may require that the corrective work begin immediately. (b) Stop work order/revocation of site development permit. 1. In the event that any person holding a site development permit pursuant to this article violates the terms of the permit or implements site development in such a manner as to materially adversely affect the health, welfare, environment, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the city may suspend or revoke the site development permit through the issuance of a stop work order, or the revocation of the site development or building permit. 2. The city may draw down on the grading permit security, with 30 days written notice to developer, for any violation of the terms of this contract related to landscaping, if the violation is not cured within such 30-day period, or if the security is allowed to lapse prior to the end of the required term. If the security is drawn down, the proceeds shall be used to cure the default. 3. No development, utility or street construction will be allowed and no building permits will be issued unless the development is in full compliance with the requirements of this subdivision. (c) Violation and penalties. 1. No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terms of this division. Any person violating any of the provisions of this division shall be deemed guilty of a misdemeanor and each day during which any violation of any of the provisions of this division is committed, continued, or permitted, shall constitute a separate offense. 2. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine as specified by the city ordinance for fee schedule for each offense. In addition to any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of this division shall be required to bear the expense of such restoration. (R) Small wireless facilities. (1) Purpose. (a) The purpose of this division is to establish specific requirements for obtaining a small wireless facility permit for the installation, mounting, modification, operation, and replacement of small wireless facilities and installation or replacement of wireless support structures by commercial wireless providers on public and private property, including in the public right-of-way. 229 Item 15. City of Columbia Heights – Ordinance 1711 Page 96 (b) This division does not apply to any wireline facilities, including wireline backhaul facilities. A wireless provider must obtain a small cell pole attachment permit pursuant to or other applicable authorization for use of the public right-of-way to construct, install, replace, or modify any wireline backhaul facility, such as fiber optic cable. The granting of a small wireless facility permit pursuant to this division is not a grant of such authorization. (2) Definitions. In this division, the following terms shall have the meaning ascribed to them below: APPLICABLE LAW. All applicable federal, state, and local laws, codes, rules, regulations, orders, and ordinances, as the same be amended or adopted from time to time. APPLICANT. Any person submitting a small wireless facility permit application under this division. CITY. The City of Columbia Heights, Minnesota. COLLOCATE or COLLOCATION. To install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure that is owned privately or by the city. DAYS. Counted in calendar days unless otherwise specified. When the day, or the last day, for taking any action or paying any fee falls on Saturday, Sunday, or a federal holiday, the action may be taken, or the fee paid, on the next succeeding secular or business day. DECORATIVE POLE. A utility pole owned, managed, or operated by or on behalf of the city or any other governmental entity that: 1. Is specifically designed and placed for an aesthetic purpose; and 2. a. On which a nondiscriminatory rule or code prohibits an appurtenance or attachment, other than: i. A small wireless facility; ii. A specialty designed informational or directional sign; or iii. A temporary holiday or special event attachment; or b. On which no appurtenance or attachment has been placed, other than: 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. DIRECTOR. The Director of the department. EXCAVATE. To dig into or in any way remove, physically disturb, or penetrate a part of a public right-of-way. FCC and COMMISSION. The Federal Communications Commission. HISTORIC DISTRICT. A geographically definable area, urban or rural, that possesses a significant concentration, linkage or continuity of sites, buildings, structures or objects united historically or aesthetically by plan or physical 230 Item 15. City of Columbia Heights – Ordinance 1711 Page 97 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 inches. OBSTRUCT. To place a tangible object in a public right-of-way so as to hinder free and open passage over that or any part of the public right-of-way. PERMITTEE. A person that has been granted a small wireless facility permit by the department. PERSON. Any individual, group, company, partnership, association, joint stock company, trust, corporation, society, syndicate, club, business, or governmental entity. PERSON shall not include the city. PUBLIC RIGHT-OF-WAY. The area on, below, or above a public roadway, highway, street, cartway, bicycle lane, and public sidewalk in which the city has an interest, including other dedicated rights-of-way for travel purposes and utility easement of the city. SMALL WIRELESS FACILITY. 1. A wireless facility that meets both of the following qualifications: a. Each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all its exposed elements could fit within an enclosure of no more than six cubic feet; and b. All other wireless equipment associated with the small wireless facility, excluding electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the 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 installation, mounting, maintenance, modification, operation, or replacement of a small wireless facility or installation or replacement of a wireless support structure in addition to collocation of a small wireless facility on the wireless support structure. UTILITY POLE. A pole that is used in whole or in part to facilitate telecommunications or electric service. It does not include a traffic signal pole. WIRELINE BACKHAUL FACILITY. A facility used to transport communications data by wire from a wireless facility to a communications network. WIRELESS FACILITY. 1. Equipment at a fixed location that enables the provision of wireless service between user equipment and a wireless service network, including: a. Equipment associated with wireless service; 231 Item 15. City of Columbia Heights – Ordinance 1711 Page 98 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 allowed by this division. If necessary, the applied-for small wireless facility permits in a consolidated application may be approved or denied individually, but the department may not use the denial of one or more permits as a basis to deny all small wireless facility permits in a consolidated application. Any small wireless facility permits denied in a consolidated application shall be subject to a single appeal. (c) Information not required. The department shall not require an applicant to provide any information that: 1. Has previously been provided to the department by the applicant in a small wireless facility permit application, if the applicant provides specific reference to the previous application containing the information sought by the department and the previous information remains unchanged; and 2. Is not reasonably necessary to review a small wireless facility permit application for compliance with generally applicable and reasonable health, safety, and welfare regulations, and to demonstrate compliance with 232 Item 15. City of Columbia Heights – Ordinance 1711 Page 99 applicable Federal Communications Commission regulations governing audio frequency exposure, or other information required by this division. (4) Establishment of general standards. (a) General standards. The Director shall establish and maintain a set of standards for the installation, mounting, maintenance, modification, operation, or replacement of small wireless facilities and placing new or replacement wireless support structures in the public right-of-way applicable to all permittees under this division. The general standards shall include, but not be limited to, information to be required in a small 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; d. If necessary to collocate a small wireless facility, a wireless provider may replace a decorative pole if the replacement pole reasonably conforms to the design and aesthetic qualities of the displaced decorative pole, subject to the approval of the Director of Public Works; e. A wireless provider shall comply with the city's requirements to install facilities underground, including, without limitation, in compliance with § 6.301 of the City Code; and f. All small wireless facilities collocated or wireless support structures installed in a Design District or Historic District shall comply with any design or concealment or other measures required by the city. (c) Construction standards. Any construction standards established by the Director shall include at least the following terms and conditions: 233 Item 15. City of Columbia Heights – Ordinance 1711 Page 100 1. Compliance with applicable law. To the extent this requirement is not preempted or otherwise legally unenforceable, a permittee shall comply with all applicable law and applicable industry standards. 2. Prevent interference. A permittee shall collocate, install, and continuously operate any authorized small wireless facilities and wireless support structures in a manner that prevents interference with other wireless facilities and other facilities in the right-of-way and the operation thereof. With appropriate permissions from the department, a permittee shall, as is necessary for the safe and reliable operation, use, and maintenance of an authorized small wireless facility or wireless support structure, maintain trees as prescribed by standards promulgated by the department. 3. Other rights not affected. A permittee shall not construe a contract, permit, correspondence, or other communication from the city as affecting a right, privilege, or duty previously conferred or imposed by the department to or on another person. 4. Restoration. A permittee, after any excavation of a public right-of-way, shall provide for restoration of the affected public right-of-way and surrounding areas, including the pavement and its foundation, to the same condition that existed before the excavation. If a permittee fails to adequately restore the public right-of-way within a specified date, the department may: a. Itself restore the public right-of-way and recover from the permittee the reasonable costs of the surface restoration; or b. Recover from the permittee a reasonable degradation fee associated with a decrease in the useful life of the public right-of-way caused by the excavation. 5. A permittee that disturbs uncultivated sod in the excavation or obstruction of the public right-of-way shall plant grasses that are native to Minnesota and, wherever practicable, that are of the local eco-type, as part of the restoration required under this division, unless the owner of the real property over which the public 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 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 234 Item 15. City of Columbia Heights – Ordinance 1711 Page 101 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 wireless facility is submitted to the department, issue or deny a small wireless facility permit pursuant to the application. If the department receives applications within a single seven-day period from one or more applicants seeking approval of small wireless facility permits for more than 30 small wireless facilities or ten wireless support structures, the department may extend the 90-day review period of this division by an additional 30 days. If the department elects to invoke this extension, it must inform in writing any applicant to whom the extension will be applied. 3. Completeness determination. The department shall review a small wireless facility permit application for completeness following submittal. The department shall provide a written notice of incompleteness to the applicant within ten days of receipt of the application, clearly and specifically delineating all missing documents or information. Information delineated in the notice is limited to documents or information publicly required as of the date of application and reasonably related to the department’s determination of whether the proposed equipment falls within the definition of a small wireless facility and whether the proposed deployment satisfies all health, safety, and welfare regulations applicable to the small wireless facility permit request and complies with this division and applicable standards promulgated by the department. If an applicant fails to respond to the department’s notice of incompleteness within 90 days, the application shall be deemed expired and no small wireless facility permit shall be issued. Upon an applicant’s submittal of additional documents or information in 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. 235 Item 15. City of Columbia Heights – Ordinance 1711 Page 102 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; 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 include, 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; 236 Item 15. City of Columbia Heights – Ordinance 1711 Page 103 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. (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 the city. 1. If an unauthorized small wireless facility or wireless support structure is discovered, the department shall provide written notice to the owner of the unauthorized small wireless facility within five days of discovery of the unauthorized small wireless facility. If an owner of an unauthorized small wireless facility or wireless support structure cannot be reasonably identified, the department need not provide any written notice. 237 Item 15. City of Columbia Heights – Ordinance 1711 Page 104 2. If the owner of an unauthorized small wireless facility or wireless support structure can be reasonably identified, the department may remove the unauthorized small wireless facility or wireless support structure without incurring liability to the owner of the small wireless facility or wireless support structure and at the owner’s sole expense no sooner than five days after providing notice of the department’s discovery of the unauthorized small wireless facility or wireless support structure to the owner. 3. If the owner of an unauthorized small wireless facility or wireless support structure cannot be reasonably identified, the department may remove the unauthorized small wireless facility or wireless support structure without incurring liability to the owner of the small wireless facility or wireless support structure and at the owner’s sole expense. (g) Relocation. The department may require a permittee to relocate or modify a small wireless facility or wireless support structure in a public right-of-way or on city-owned property in a timely manner and at the permittee’s cost if the department determines that such relocation or modification is required to protect public health, safety and welfare, or to prevent interference with other facilities authorized pursuant to this division, or to prevent interference with public works projects of the department. (h) Security required. Each permittee shall submit and maintain with the department a bond, cash deposit, or other security acceptable to the department, in a form and amount determined by the department in accordance with the general standards, securing the faithful performance of the obligations of the 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. (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; 238 Item 15. City of Columbia Heights – Ordinance 1711 Page 105 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 department and submit its application. If the applicant resubmits the application within 30 days of receiving written notice of the denial, it may not be charged an additional filing or processing fee. The department must approve or deny the revised application within 30 days after the revised application is submitted. If small wireless facility permit or wireless support structure permit is revoked, the small wireless facility or wireless support structure shall be subject to removal in accordance with § 9.106(R)(11). (9) City inspection of a small wireless facility or wireless support structure. (a) Inspection permitted. The department may inspect, at any time, a permittee’s collocation of a small wireless facility or installation or replacement of a wireless support structure. The department shall determine 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 the small wireless facility or wireless 239 Item 15. City of Columbia Heights – Ordinance 1711 Page 106 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 department as abandoned under § 9.106(R)(10). (b) Notice to permittee; time to remove. The department shall provide written notice to the permittee that it must remove a small wireless facility or wireless support structure under this division, including the reasons therefor. If the permittee does not remove the small wireless facility or wireless support structure within 30 days after the date of such notice, the department may remove it at the permittee’s expense without further notice to the permittee. (12) Appeals. An applicant or permittee may have the denial or revocation of a small wireless facility permit, or fees and costs required by this division reviewed, upon written request, by the City Council or its designee. The City Council or its designee shall act on a timely written request at its next regularly scheduled meeting. A decision by the City Council or its designee affirming a denial, revocation, or fee shall be in writing and supported by written findings establishing the reasonableness of the decision. (13) Insurance. (a) Minimum coverage. The department shall require that each permittee maintain in full force and effect, throughout the term of a small wireless facility permit, an insurance policy or policies issued by an insurance company or companies satisfactory to the city’s Risk Manager. Such policy or policies shall, at a minimum, afford insurance covering all of the permittee’s operations, vehicles, employees, agents, subcontractors, successors, and assigns as follows: 1. Workers’ compensation, in statutory amounts, with employers’ liability limits not less than $1,000,000 each accident, injury, or illness; 2. Commercial general liability insurance with limits not less than $2,000,000 each occurrence combined single limit for bodily injury and property damage, including contractual liability, personal injury, products and completed operations; 3. Commercial automobile liability insurance with limits not less than $2,000,000 each occurrence combined single limit for bodily injury and property damage, including owned, non-owned and hired auto coverage, as applicable; and (b) Insurance requirements. Each permittee’s insurance policy or policies are subject to the following: 1. Said policy or policies shall include the city and its officers and employees jointly and severally as additional insureds, shall apply as primary insurance, shall stipulate that no other insurance effected by the city will be called on to contribute to a loss covered thereunder, and shall provide for severability of interests. 240 Item 15. City of Columbia Heights – Ordinance 1711 Page 107 2. Said policy or policies shall provide that an act or omission of one insured, which would void or otherwise reduce coverage, shall not reduce or void the coverage as to any other insured. Said policy or policies shall afford full coverage for any claims based on acts, omissions, injury, or damage which occurred or arose, or the onset of which occurred or arose, in whole or in part, during the policy period. 3. Said policy or policies shall be endorsed to provide 30 calendar days advance written notice of cancellation or any material change to the department. 4. Should any of the required insurance be provided under a claims-made form, a permittee shall maintain such coverage continuously throughout the term of a small wireless facility permit, and, without lapse, for a period of three years beyond the expiration or termination of the small wireless facility permit, to the effect that, should occurrences during the term of the small wireless facility permit give rise to claims made after expiration or termination of the small wireless facility permit, such claims shall be covered by such claims-made policies. 5. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general aggregate limit shall be double the occurrence or claims limits specified herein. (c) Indemnity obligation. Such insurance shall in no way relieve or decrease a permittee’s or its agent’s obligation to indemnify the city pursuant to this division. (d) Proof of insurance. Before the department will issue a small wireless facility permit, an applicant shall furnish to the department certificates of insurance and additional insured policy endorsements with insurers that are authorized to do business in the State of Minnesota and that are satisfactory to the department evidencing all coverages set forth herein. (14) Indemnification and defense of city. (a) Indemnification of city. As a condition of issuance of a small wireless facility permit, each permittee 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 result of the issuance of the small wireless facility permit including, but not limited to, a claim allegedly arising directly or indirectly from the following: 1. Any act, omission, or negligence of a permittee or its any agents, successors, or assigns while engaged in the permitting or collocation of any small wireless facility or installation or replacement of any wireless support structure, or while in or about the public right-of-way that are subject to the small wireless facility permit for any reason connected in any way whatsoever with the performance of the work authorized by the small wireless facility permit, or allegedly resulting directly or indirectly from the permitting or collocation of any small wireless facility or installation or replacement of any wireless support structure authorized under the small wireless facility permit; 2. Any accident, damage, death, or injury to any of a permittee’s contractors or subcontractors, or any officers, agents, or employees of either of them, while engaged in the performance of collocation of any small wireless facility or installation or replacement of any wireless support structure authorized by a small wireless facility permit, or while in or about the public right-of-way that are subject to the small wireless facility permit, for any reason connected with the performance of the work authorized by the small wireless facility permit, including from exposure to radio frequency emissions; 3. Any accident, damage, death, or injury to any person or accident, damage, or injury to any real or personal property in, upon, or in any way allegedly connected with the collocation of any small wireless facility or installation or replacement of any wireless support structure authorized by a small wireless facility permit, or while in or about 241 Item 15. City of Columbia Heights – Ordinance 1711 Page 108 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 have a cause of action for indemnity against the permittee for any costs the city may be required to pay as a result of defending or satisfying any claims that arise from or in connection with a small wireless facility permit, except only for claims resulting directly from the sole negligence or willful misconduct of the city. Each permittee further agrees that the indemnification obligations assumed under a small wireless facility permit shall survive its expiration or completion of collocation of any small wireless facility authorized by the small wireless facility permit. (c) Additional requirements. The department may specify in a small wireless facility permit such additional indemnification requirements as are necessary to protect the city from risks of liability associated with the permittee’s collocation of any small wireless facility or installation or replacement of any wireless support structure. (15) Fees and costs. (a) Application fees. The department shall charge a fee for reviewing and processing a small wireless facility permit application. The purpose of this fee is to enable the department to recover its costs directly associated with reviewing a small wireless facility permit application. 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; 242 Item 15. City of Columbia Heights – Ordinance 1711 Page 109 2. $25 per year for maintenance associated with the space occupied on the wireless support structure; and 3. A monthly fee for electricity used to operate the small wireless facility, if not purchased directly from a utility, at the rate of: a. $73 per radio node less than or equal to 100 max watts; b. $182 per radio node over 100 max watts; or c. The actual costs of electricity, if the actual costs exceed the above. (d) City-owned property fees. The department shall charge an annual fee for collocating small wireless facilities on city-owned property not located in the public right-of-way. The department shall determine a reasonable and nondiscriminatory annual fee on a per location and per request basis. (e) Discretion to require additional fees. In instances where the review of a small wireless facility permit application is or will be unusually costly to the department, the Director, in his or her discretion, may, after consulting with other applicable city departments, agencies, boards, or commissions, require an applicant to pay a sum in excess of the other fee amounts charged pursuant to this division. This additional sum shall be sufficient to recover the actual, reasonable costs incurred by the department and/or other city departments, agencies, boards, or commissions, in connection with a small wireless facility permit application and shall be charged on a time and materials basis. Whenever additional fees are charged, the Director, upon request, shall provide in writing the basis for the additional fees and an estimate of the additional fees. The department may not require a fee imposed under this division through the provision of in-kind services by an applicant as a condition of consent to use to city’s public right-of-ways or to obtain a small wireless facility permit. (f) Reimbursement of city costs. The department may determine that it requires the services of an expert in order to evaluate a small wireless facility permit application. In such cases, the department shall not issue a small wireless facility permit pursuant to the application unless the applicant agrees to reimburse the department for the actual, reasonable costs incurred for the services of a technical expert. (S) Table of Uses. The following tables include the permitted, conditional, and accessory uses for all residential, commercial, industrial, and public zoning districts; numbers indicate additional conditions for approval of use which can be found in City Code 9.107 Specific Development Standards. 1. RESIDENTIAL ZONING DISTRICTS A = Accessory Use C = Conditional Use P = Permitted Use PUD = Planned Unit Development Numbers indicate additional conditions for approval of use which can be found in City Code 9.107 Specific Development Standards. ZONING DISTRICTS R-1 SINGLE- FAMILY RESIDENTIAL R-2A/R-2B: TWO-FAMILY RESIDENTIAL R-3: LIMITED MULTIPLE FAMILY RESIDENTIAL R-4: MULTIPLE FAMILY RESIDENTIAL P: PUBLIC AND OPEN SPACE USE CLASSIFICATION Accessory building/structure. A A A A Accessory dwelling unit on a single-family property. A A A A Bed and breakfast home, accessory to a single-family dwelling. C C Cemeteries. P 243 Item 15. City of Columbia Heights – Ordinance 1711 Page 110 Community center. C C C Congregate living facilities, including rooming houses, group living quarters, nursing homes (27), senior housing, assisted living facilities, transitional housing and emergency housing (44). C C Convent or monastery, when accessory to a religious facility. C C C C County, regional, and city parks. P P P P P Day care center, adult or child. C C Decorative landscaping, gardening and other horticultural uses. A A A A Essential services. P Fences greater than six feet in height. A A A A Golf course. C C Government office. C C C C Government protective service facility. C C C C Greenhouses (residential). (24) A A A A Ground-mounted solar energy system (accessory use). (51) A A A A A Ground-mounted solar energy system (primary use). (51) P P P P P Home occupations. A A A A Joint driveway use between adjoining property owners. C C C C Licensed day care facility serving 12 or fewer persons. (16) P P P P Licensed day care facility serving more than 12 persons. C Licensed group family day care facility serving 14 or fewer children. P P P P Living quarters for persons employed on the premises. A Manufactured home park. C Multiple-family dwelling. P Multiple-family dwelling with up to eight units per structure. P Non-city governmental and public regulated utility buildings and structures necessary for health, safety, and general welfare of the community. C Off-street parking for an adjacent conforming commercial or industrial use, provided the lots are under common ownership, is not separated by a public right-of-way and front on the same public right-of-way. C C C Operation and storage of such vehicles, equipment and machinery, which are incidental to the permitted or conditional uses allowed in the district. A Other accessory uses as determined by the Zoning Administrator. A A A A Playgrounds, athletic fields, recreational areas, and parking areas. P P P P P 244 Item 15. City of Columbia Heights – Ordinance 1711 Page 111 Private garages, carports, and parking spaces. A A A A Private swimming pools, tennis courts, and private recreational facilities operated for the sole use and convenience of the residents and their guests. A A A A Public parks and playgrounds. P P P P P Publicly owned and operated facilities. P Recreational facility, indoor. C C C Recreational facility, outdoor. C C C Recreational vehicles and equipment. A Religious facility/ place of worship. (35) C C C C Roof-mounted solar energy system. (50) A A A A A Shared family living arrangements. A A A A Signs as regulated by 9.106. A A A A A Single-family dwelling, detached. P P P P School, public or private, K-12. (39) C C C School, vocational or business. (40) C State licensed residential care facility serving six or fewer persons. (36) P P P P State licensed residential care facility serving 7 to 16 persons. (36) C C Temporary construction buildings. A A A A Town home dwelling with up to eight units per structure. P P Two-family dwelling. (45) P P P Twinhome dwelling. (45) P P P 2. COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS A = Accessory Use C = Conditional Use P = Permitted Use PUD = Planned Unit Development Numbers indicate additional conditions for approval of use which can be found in City Code 9.107 Specific Development Standards (C) ZONING DISTRICTS LB: LIMITED BUSINESS GB: GENERAL BUSINESS CBD: CENTRAL BUSINESS I-1: LIGHT INDUSTRIAL I-2: GENERAL INDUSTRIAL USE CLASSIFICATION Accessory building. A A A A A Adult entertainment use. (1) C C Animal kennel and/or shelter. (2) C C Arcade. P P Assembly, manufacturing and/or processing. C P P Auditorium/place of assembly. P P Automobile convenience facility. (3) P Automobile and motorcycle repair, minor. (5) C C C Automobile and motorcycle repair, major. (4) C C Automobile and motorcycle sales/rentals, new. (6) C Automobile and motorcycle sales/rentals, used (in building). (7) C Banquet hall. (47) C C Barbed wire fences. (8) C C Bed and breakfast home, when accessory to a single-C Formatted: Font: (Default) +Body (Calibri), 12 pt, Bold Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" 245 Item 15. City of Columbia Heights – Ordinance 1711 Page 112 family dwelling. (9) Billiards hall. P P Body piercing shops. P P Bowling alley. P P Brew pub. (46) P C Brew pub, not exceeding 2,000 barrels of malt liquor a year. (46) C Brewer taproom. (46) P C P Brewer taproom, not exceeding 2,000 barrels of malt liquor a year. (46) C Car Wash. (10) C Caretaker’s residence. A Clinic, medical or dental. P P P Clinic, veterinary. P P P Club or lodge. P P Community center. (12) C C P P Concrete, asphalt or rock crushing operation. (11) C C Congregate living facilities, including rooming houses, group living quarters, nursing homes (27), senior housing, assisted living facilities, transitional housing and emergency housing (44). C Consignment/secondhand store. (13) C Currency exchange. (14) C Day care facility, adult or child. (15) P Drive-up facility. (17) A A Drop-in facility. (18) C Fences greater than six feet in height. A A A Fences greater than seven feet in height. A A Financial institution. P P Firearms dealer/shooting range. (20) C Food service, convenience (fast food). (21) P P Food service, limited (coffee shop/deli). P P P Food service, full service (restaurant/nightclub). P P Freight terminal. (22) P P Funeral home. (23) P P Ground-mounted solar energy system (accessory use). (51) A A A A A Ground-mounted solar energy system (primary use). (51) P P P P P Government maintenance facility. C C P P Government office. P P P P P Government protective service facility. P P P P P Greenhouse/garden center. P Health/fitness club. P P Health/fitness clubs, not exceeding 4,000 gross square feet in area. (48) C Hospital. (25) C C Hotel or motel. C P P Incidental repair or processing necessary to conduct the permitted principal use, provided the accessory use does not exceed 30% of the floor area. A A Laboratory, medical. P P P P Landscaping and other horticultural uses. A A A A A Licensed day care facility, child or adult. (16) C P 246 Item 15. City of Columbia Heights – Ordinance 1711 Page 113 Liquor store, off-sale. P P Maintenance facility. P P Motor vehicle parts store. P P P Museum/gallery. P P P Multiple-family dwelling. P Multiple-family residential, when located above a first floor commercial use. (26) P Off-street parking and loading areas. A A Office. P P P P P Office/showroom. P P Office/warehouse. P P Outdoor sales or display. (28) C C C C Outdoor storage. (29) C C C C Parking ramp. P P P P Pawnshop. (30) C P P Precious metal dealerships. (31) C Printing/publishing. P P P P Private garages, carports, and parking spaces. A A A Private swimming pools, tennis courts, and private recreational facilities operated for the sole use and convenience of the residents and their guests. A Public parks and playgrounds. P P P P P Recreational facility, indoor. (33) C C C P P Recreational facility, outdoor. (34) C C C P P Recreational vehicles sales, new. (32) C Recreational vehicles sales, used (in building). (32) C Retail sales. P P P P P Roof-mounted solar energy system. (50) A A A A A Salvage operation/transfer station. (38) C C Seasonal sales stands. (49) A A A Self-service storage facility. P P Service, professional. (19) P P P School, performing/visual/marital arts. (41) C P P School, vocational or business. (40) C P P Shopping center. (42) P Signs as regulated by 9.106. A A A A A Single-family dwelling, when accessory to a commercial use. C Smoke Shops (43) P P P P P State licensed residential care facility, correctional. (37) C C State licensed residential care facility. (36) C Studio, professional. P P P Studio, radio and television. P P P P Tattoo shops. P P Temporary construction buildings. A A A A A Theater, live performance. P Theater, movie. P Warehousing and/or distribution. P P 3. 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. 247 Item 15. City of Columbia Heights – Ordinance 1711 Page 114 Section 43 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 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. 248 Item 15. City of Columbia Heights – Ordinance 1711 Page 115 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. (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. 249 Item 15. City of Columbia Heights – Ordinance 1711 Page 116 (l) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing any litter found thereon. (m) A minimum of two access points for vehicular traffic shall be provided. Curb cuts shall be located no less than 50 feet from the intersecting right-of-way line on collector roadways and no less than 80 feet from the intersecting right-of-way line on arterial roadways. (n) All new automobile convenience facilities must be located on a minimum of one acre of land. (4) Automobile and motorcycle repair, major. (a) All vehicles waiting for repair or pick-up shall be stored within an enclosed building or in designated off- street parking spaces. (b) All work shall be performed within a completely enclosed building. (c) All vehicles parked or stored on site shall display a current license plate with a current license tab. Outside storage of automobile and motorcycle parts or storage of inoperable or salvage vehicles shall be prohibited. (d) The sale of vehicles shall be prohibited, unless permitted by this article or allowed by conditional use. (e) The use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from, residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. (f) An environmental management plan, including a storm water management and drainage plan, shall be submitted to address the impact of the facility on the environment. (g) Any fuel sales or automobile convenience activities shall be subject to the applicable standards for automobile convenience facilities. (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. 250 Item 15. City of Columbia Heights – Ordinance 1711 Page 117 (g) Any fuel sales or automobile convenience activities shall be subject to the applicable standards for automobile convenience facilities. (h) All new minor automobile and motorcycle repair facilities must be located on a minimum of one acre of land. (6) Automobile and motorcycle sales/rental, new. (a) The use shall be served by a major collector or higher classification of roadway. (b) Outdoor vehicle display for used cars and motorcycles shall be limited to 30% of the total outdoor display area for a new car or motorcycle dealership. The display area shall be defined as the total number of parking spaces devoted to the sale of vehicles only, not including the required off-street parking spaces needed for the public and employees. (c) Outdoor vehicle display areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. (d) Outdoor vehicle display areas within the public right-of-way are prohibited. (e) A landscape buffer with a minimum depth of ten feet shall be installed and maintained along all abutting public rights-of-way. (f) Outdoor vehicle display shall be within a designated area that is hard-surfaced. (g) Outdoor vehicle display shall be in an orderly fashion, with access aisles provided as needed. The storage of inoperable, junk vehicles with expired tabs is prohibited. (h) Music or amplified sounds shall not be audible from adjacent residential properties. (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. 251 Item 15. City of Columbia Heights – Ordinance 1711 Page 118 (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 consistent with the character of the neighborhood. (j) Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If the use included dispensing of fuel for the automobiles maintained on site, the use shall employ best management practices regarding the venting of odors, gas, and fumes. Such vents shall be located a minimum of ten feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. (k) All new automobile and motorcycle sales/rental, (used) facilities must be located on a minimum of one acre of land. (8) Barbed wire fences. (a) Barbed wire fences may only utilize a projecting arm to support the barbed wire, commencing at a point no less than six feet above the ground. (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. 252 Item 15. City of Columbia Heights – Ordinance 1711 Page 119 (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. (112) Concrete, asphalt, rock crushing operation. (a) The use shall be located a minimum of 1,000 feet from any residentially-zoned property or any residential use. (b) An air quality plan shall be submitted describing stationary and mobile source air emissions, their quantities and compositions, and indicating conformance with all applicable regulation. (c) A dust management plan shall be submitted describing dust emissions sources, their quantities and compositions, how dust will be collected, managed and disposed of and indicating conformance with all applicable regulations. (d) A sound attenuation plan shall be submitted describing sources of sound and indicating conformance with all applicable regulations. (e) A vibration-dampening plan shall be submitted describing sources of vibration and indicating conformance with all applicable regulations. (f) A transportation management plan shall be submitted to address off-street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways. (g) An environmental management plan, including a storm water management and drainage plan, shall be submitted to address the impact of the facility on the environment. (123) 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. 253 Item 15. City of Columbia Heights – Ordinance 1711 Page 120 (c) To the extent practical, new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. (d) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening and other site improvements consistent with the character of the community. (e) All accessory residential, school or day care uses shall be subject to the provisions of this article. (134) Consignment/secondhand store. (a) Consignment/secondhand stores shall be identified as stores whose primary existence is derived from more than 50% used, consigned, or secondhand merchandise. The use shall be located at least 3,000 feet from all existing consignment/secondhand stores, currency exchanges, pawnshops and precious metal dealerships. (b) The window and door area of any existing first floor facade along a public street or sidewalk shall not be reduced, nor shall changes be made to such windows and doors that block views into and out of the building at eye level. (c) For new construction, at least 30% of the first floor facade along a public street or sidewalk shall be windows or doors of clear or lightly tinted glass that allows views into and out of the building at eye level. (d) The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be prohibited. (e) Consignors shall not be paid for merchandise until the merchandise has been sold to a third party. (f) An appointment or set hours shall be required for the acceptance of consignment or donated merchandise. (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. (145) 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. 254 Item 15. City of Columbia Heights – Ordinance 1711 Page 121 (156) 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. (e) The use shall provide a designated area for the short-term parking of vehicles engaged in loading and unloading of children or adults under care. The designated area shall be located as close as practical to the principal entrance of the building and shall be connected to the building by a sidewalk. (f) To the extent practical, new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. (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. (167) 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. 255 Item 15. City of Columbia Heights – Ordinance 1711 Page 122 (d) For child day care facilities, at least 50 square feet of outside play area shall be provided for each child under care. (e) For adult day care facilities, at least 150 square feet of outdoor area for seating or exercise shall be provided for each adult under care. (f) If there is not sufficient space for an outdoor play area on-site, then the property owner must submit a written proposal that demonstrates recreational activities for children under the facility’s care will be provided off- site within 1,500 feet of the facility. (g) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (h) The facility shall meet all applicable housing, building and fire codes and be licensed as required by the State of Minnesota. (178) Drive-up facility. (a) The drive-up function shall be accessory to a conforming use. (b) The use shall be served by a major collector or higher functional classification of roadway. (c) The site shall accommodate vehicle stacking in accordance with the provisions of this article. (d) Any speaker system shall not be audible from any residentially zoned property or any residential use. (189) 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 found thereon. (1920) 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. (210) 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. 256 Item 15. City of Columbia Heights – Ordinance 1711 Page 123 (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. (212) Food service, convenience (fast food). (a) The use shall be served by a major collector or higher functional classification of roadway. (b) A landscape buffer with a minimum depth of ten feet shall be installed and maintained along all abutting public rights-of-way. (c) A transportation management plan shall be submitted to address off-street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways. (d) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing any litter found thereon. (e) Curb cuts shall be located no less than 50 feet from the intersecting right-of-way line on collector roadways and no less than 80 feet from the intersecting right-of-way line on arterial roadways. (f) A drive-up facility shall also be subject to the standards for a drive-up facility. (223) 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. (234) Funeral home. (a) The use shall be served by a minor collector or higher functional classification of roadway. (b) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (245) 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. (256) Hospital. (a) The use shall be served by a minor collector or higher functional classification of roadway. 257 Item 15. City of Columbia Heights – Ordinance 1711 Page 124 (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. (267) 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. (278) 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. (289) 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. (2930) 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. 258 Item 15. City of Columbia Heights – Ordinance 1711 Page 125 (c) All outdoor storage areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. (d) Outdoor storage areas shall be located in rear yards or in the side yard behind the front building line of the principal structure. (e) The storage area shall be fenced and screened from adjacent uses and the public right- of-way. Required screening shall consist of a fence, wall, earth berming and/or vegetation no less than six feet in height and no less than 80% opaque on a year round basis. (f) All goods, materials and equipment shall be stored on an impervious surface. (g) All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of sufficient width to accommodate emergency vehicles as needed. (h) The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of the screening provided. (301) 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. (312) 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. 259 Item 15. City of Columbia Heights – Ordinance 1711 Page 126 (e) All receipt, sorting and processing of goods shall occur within a completely enclosed building. (323) Recreational vehicle sales. (a) The use shall be served by a major collector or higher classification of roadway. (b) Outdoor vehicle display areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. (c) Outdoor vehicle display areas within the public right-of-way are prohibited. (d) A landscape buffer with a minimum depth of ten feet shall be installed and maintained along all abutting public rights-of-way. (e) Outdoor vehicle display shall be within a designated area that is hard-surfaced. (f) Outdoor vehicle display shall be in an orderly fashion, with access aisles provided as needed. (g) Music or amplified sounds shall not be audible from adjacent residential properties. (h) Outdoor vehicle display shall not reduce the amount of off-street parking provided on site below the level required for the principal use. (i) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (j) Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If the use includes dispensing of fuel for the automobiles 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. (334) Recreational facility, indoor. (a) The use shall be served by a minor collector or higher classification of roadway. (b) The parcel upon which the use is located shall have a lot area no less than four times the area of the building footprint. (c) To the extent practical, new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. (d) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (354) Recreational facility, outdoor. (a) The use shall be served by a minor collector or higher classification of roadway. 260 Item 15. City of Columbia Heights – Ordinance 1711 Page 127 (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. (356) Religious institution/place of worship. (a) The facility shall be served by a minor collector or higher functional classification of roadway. (b) The parcel upon which the use is located shall have a lot area no less than four times the area of the building footprint. (c) To the extent practical, new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. (d) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (e) All accessory residential, school or day care uses shall be subject to the provisions of this article. (367) 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 compatible with the scale and character of the surroundings, and exterior building materials shall be compatible with other buildings in the neighborhood. 261 Item 15. City of Columbia Heights – Ordinance 1711 Page 128 (g) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening and other site improvements consistent with the character of the neighborhood. (h) The primary purpose of the facility cannot be to treat juveniles who have violated criminal statutes relating to sex offenses or who have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses. (i) The facility shall not provide accommodations to treat persons whose tenancy would constitute a direct threat to the health and safety of other individuals. (j) The facility shall not accept court ordered referrals for treatment in lieu of incarceration without adequate security. (k) The facility shall meet all applicable housing, building and fire codes and be licensed as required by the State of Minnesota. (l) If the size, location, licensing or purpose of the facility changes, a new or amended conditional use permit may be required. (378) 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. 262 Item 15. City of Columbia Heights – Ordinance 1711 Page 129 (389) Salvage operation/transfer station. (a) The use shall be located at least 500 feet from any residentially zoned property or any residential use. (b) The use must comply with the minimum standards for operation, safety, storage and all waste management as identified in the most current version of MPCA Motor Vehicle Salvage Facility Environmental Compliance Manual or successor manual. (c) The use must be served by a minor collector or higher functional classification of roadway. (d) Buildings, parking areas, loading areas and any exterior storage shall meet the setback requirements for a principal structure in the zoning district in which the use is located. (e) No vehicles or vehicle parts may be placed within the public right-of-way or on public property. (f) Exterior storage shall be limited to a maximum height of 12 feet and shall be fully screened so that items stored do not exceed the height of the screening provided. (g) An environmental management plan, including a storm water management and drainage plan, shall be submitted to address the impact of the facility on the environment. (h) The salvage facility operator shall maintain a written record of all vehicles received, including the date received, date when fluids were removed and date removed from the facility. The record shall also include the vehicle identification number, make and model and shall be initiated on the date the vehicle is received at the facility. (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. (3940) 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. 263 Item 15. City of Columbia Heights – Ordinance 1711 Page 130 (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. (401) School, vocational/business. (a) The site shall be served by a minor arterial or higher classification of roadway. (b) The parcel upon which the use is located shall have a lot area no less than four times the area of the building footprint. (c) A master plan shall be submitted that describes proposed physical development for the next five years and for the following five years. Said plan shall include a description of proposed development phases and plans, development priorities, the probable sequence of proposed development, estimated dates of construction and the anticipated interim use of property waiting to be developed. (d) A transportation management plan shall be submitted to address off-street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways. (e) New construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. (f) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (412) 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. (423) 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. (434) Smoke shops. 264 Item 15. City of Columbia Heights – Ordinance 1711 Page 131 (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. (e) Any existing smoke shops at the time of the passage of Ord. 1570 shall comply fully with the ordinance by December 31, 2010. (445) Transitional/emergency housing. (a) Transitional/emergency housing shall be located at least 1/4 mile from all existing transitional/emergency housing. (b) The maximum number of persons served shall not exceed 32. (c) On-site services shall be for residents of the facility only, except where part of a regimen of scheduled post- residential treatment/service. (d) To the extent practical, all new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. (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. (456) Two-family and twinhome dwellings. (a) Street-facing garage doors must be recessed behind either the front facade of the living area portion of the dwelling or a covered porch, measuring at least six feet by eight feet, by at least five feet. (b) If located on a corner lot, each unit of the duplex or twinhome shall have its address and entrance oriented to a separate street frontage. (c) Vehicle access to a lot must be from an alley if the lot abuts an alley. (476) 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 265 Item 15. City of Columbia Heights – Ordinance 1711 Page 132 property, the loading areas shall be screened by a solid wall or opaque fence with a minimum height of six feet, in addition to any required landscape buffer. (e) Trash and/or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. (f) By-products and waste from the production of malt liquor shall be properly disposed of off the property. (g) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. (h) The facility shall meet all applicable building and fire codes, and shall be licensed as required by the state or county. (487) Banquet halls. (a) To the extent practical, new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings, and exterior materials shall be compatible with those used in the immediate neighborhood. (b) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening and other site improvements consistent with the character of the community. (c) The facility shall meet all applicable building and fire codes, and shall be licensed as required by the state or county. (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. (489) 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. 266 Item 15. City of Columbia Heights – Ordinance 1711 Page 133 (f) The City Council may establish limited business hours as a means of ensuring compatibility with surrounding uses. (4956) Seasonal Sales Stands (a) The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Community Development Department and the Fire Department and sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. (c) Seasonal sales stands shall be accessory to a commercial use. (d) Seasonal sales stands located within the public right-of-way are prohibited. (e) All goods shall be displayed on a designated impervious surface area. (f) All goods shall be displayed in an orderly fashion, with access aisles provided as needed. (g) Music or amplified sounds shall not be audible from adjacent residential properties. (h) The seasonal sales stand shall not reduce the amount of off-street parking provided one-site below the level required for the principal use. (i) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (j) Signage shall be limited to two professionally made signs, with a combined square footage not exceeding 48 square feet. (k) Seasonal sales stands may be allowed for a maximum of 90 days per calendar year. (50) Roof-Mounted Solar Energy System (a) The system shall comply with applicable state and local fire codes to ensure emergency access to the roof, provide pathways to specific areas of the roof, provide areas for smoke ventilation, and provide emergency egress from the roof. (51) Ground-Mounted Solar Energy Systems. (a) If the area under the system contains vegetative ground cover such as grass, native planting and vegetations, or pollinator habitats as the tilt and spacing allows for precipitation to drain into the pervious ground cover, then it is not considered to be impervious surface coverage. Section 54 The following language for Residential Districts is added, amended and deleted as provided in Section 9.109 of the City Code of 2005, is hereby established to read as follows: (A) Purpose. The residential zoning districts are established to preserve and enhance the quality of living in residential neighborhoods; provide a range of housing types and densities consistent with the comprehensive plan; regulate structures and uses which may affect the character or desirability of these residential areas; and provide directly related complementary uses that support the residential areas while safeguarding the residential character of these areas. 267 Item 15. City of Columbia Heights – Ordinance 1711 Page 134 (B) General provisions. (1) Compliance with applicable regulations. Any use established in a residential district after the effective date of this article shall comply with all applicable local, state and federal standards for such uses. (2) Administration. The administration and enforcement of this section shall be in accordance with the provisions of § 9.104, Administration and Enforcement. (3) Nonconformities. Nonconforming uses, structures, lots and signs within a residential district shall be subject to the provisions of § 9.105, Nonconformities. (4) Compliance with general development standards. Any use established, expanded or modified in a residential district after the effective date of this article shall comply with the applicable provisions of § 9.106, General Provisions, including the Table of Uses defining the allowed uses in residential and public zoning districts.. (5) Compliance with specific development standards. Any use established, expanded or modified in a residential district after the effective date of this article that is identified in § 9.107, Specific Development Standards, shall comply with the applicable provisions of that section. (6) State licensed residential facility. State licensed residential facilities are allowed in all residential districts pursuant to M.S. § 462.357, as it may be amended from time to time. (7) 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. (8) Permitted accessory uses. Except as specifically limited herein, the following accessory uses shall be in all Residential Districts, R-1, R-2A and R-2B, R-3, R-4: (a) Private garages, carports and parking spaces. (b) Accessory buildings. (c) Home occupations. (d) 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. (e) Decorative landscaping, gardening and other horticultural uses. (f) Temporary construction buildings. (h) Signs as regulated by § 9.106. (i) Accessory dwelling units (j) Shared family living arrangements (k) Greenhouses (residential) (C) Lot dimension, height, and bulk requirements. Lot area, setback, height and lot coverage requirements for uses in the Formatted: Strikethrough 268 Item 15. City of Columbia Heights – Ordinance 1711 Page 135 residential districts shall be as specified in the following table: R-1 R-2A R-2B R-3 R-4 Minimum Lot Area Single-family dwelling 8,400 sq. ft. Existing on January 1, 2005 – 5,100 sq. ft. Established after January 1, 2005 - 6,500 sq. ft. Existing on January 1, 2005 – 5,100 sq. ft. Established after January 1, 2005 - 6,500 sq. ft. Existing on January 1, 2005 – 5,100 sq. ft. Established after January 1, 2005 - 6,500 sq. ft. Existing on January 1, 2005 – 5,100 sq. ft. Established after January 1, 2005 - 6,500 sq. ft. Two-family and twinhome dwellings 12,000 sq. ft. Existing on January 1, 2005 - 5,100 sq. ft. Established after January 1, 2005 - 12,000 sq. ft. 8,400 sq. ft. 8,400 sq. ft. Multiple-family dwelling 10,000 sq. ft. 10,000 sq. ft. Non-residential structure 8,400 sq. ft. 6,500 sq. ft. 6,500 sq. ft. 10,000 sq. ft. 10,000 sq. ft. Lot Area Per Dwelling Unit Multiple-family dwelling Efficiency 1,200 sq. ft. 800 sq. ft. One bedroom 1,800 sq. ft. 1,000 sq. ft. Two bedroom 2,000 sq. ft. 1,200 sq. ft. Three bedroom 2,500 sq. ft. 1,500 sq. ft. Additional bedroom 400 sq. ft. 200 sq. ft. Congregate living units 400 sq. ft. 400 sq. ft. Minimum Lot Width 70 ft. Existing on January 1, 2005 – 40 ft. Established after January 1, 2005 - 60 ft. Existing on January 1, 2005 – 40 ft. Established after January 1, 2005 - 60 ft. Existing on January 1, 2005 – 40 ft. Established after January 1, 2005 - 70 ft. Existing on January 1, 2005 – 40 ft. Established after January 1, 2005 - 70 ft. R-1 R-2A R-2B R-3 R-4 Minimum Lot Depth Residential Building Setbacks Front yard 25 ft. 25 ft. 25 ft. 1 & 2 Family - 25 ft. Multi- Family - 30 ft. 15 ft. Side yard 7 ft.* 5 ft.* 5 ft.* 1 & 2 Family - 5 ft. Multi- Family - 20 ft. 10 ft. Corner side yard 12 ft. 10 ft. 10 ft. 1 & 2 Family - 10 ft. Multi- Family - 30 ft. 15 ft. Rear yard 20% of lot depth 20% of lot depth 20% of lot depth 1 & 2 Family - 25 ft. Multi- Family - 30 ft. 15 ft. Non-Residential Building Setbacks Front yard 25 ft. 25 ft. 25 ft. 30 ft. 15 ft. Formatted: Centered 269 Item 15. City of Columbia Heights – Ordinance 1711 Page 136 Side yard 40 ft. 30 ft. 30 ft. 25 ft. 10 ft. Corner side yard 12 ft. 10 ft. 10 ft. 30 ft. 15 ft. Rear yard 40 ft. 30 ft. 30 ft. 25 ft. 10 ft. Single- and Two-Family Parking Setbacks Front yard (excluding drives/pads) 25 ft. 25 ft. 25 ft. 30 ft. 30 ft. Side yard 3 ft. 3 ft. 3 ft. 3 ft. 3 ft. Corner side yard 3 ft. 3 ft. 3 ft. 3 ft. 3 ft. Rear yard 3 ft. 3 ft. 3 ft. 3 ft. 3 ft. Multiple-Family Parking Setbacks Front yard 30 ft. 30 ft. Side yard 10 ft. 10 ft. Corner side yard 30 ft. 30 ft. Rear yard 10 ft. 10 ft. R-1 R-2A R-2B R-3 R-4 Non-Residential Parking Setbacks Front yard 25 ft. 25 ft. 25 ft. 30 ft. 30 ft. Side yard 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. Corner side yard 25 ft. 25 ft. 25 ft. 30 ft. 30 ft. Rear yard 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. Maximum Height Residential buildings 30 ft. 30 ft. 30 ft. 35 ft. 35 ft. Non-residential buildings 35 ft. 35 ft. 35 ft. 35 ft. 35 ft. Residential structures 30 ft. unless specified elsewhere 30 ft. unless specified elsewhere 30 ft. unless specified elsewhere 35 ft. unless specified elsewhere 35 ft. unless specified elsewhere Non-residential structures 35 ft. unless specified elsewhere 35 ft. unless specified elsewhere 35 ft. unless specified elsewhere 35 ft. unless specified elsewhere 35 ft. unless specified elsewhere Non-Residential Floor Area Ratio 2.2 Impervious surface coverage maximum for residential lots 35% for lots less than 6,500 sq. ft. 35% for lots less than 6,500 sq. ft. 35% for lots less than 6,500 sq. ft. 35% for lots less than 6,500 sq. ft. 35% for lots less than 6,500 sq. ft. 30% for lots greater than 6,500 sq. ft. 30% for lots greater than 6,500 sq. ft. 30% for lots greater than 6,500 sq. ft. 30% for lots greater than 6,500 sq. ft. 30% for lots greater than 6,500 sq. ft. * The side yard setback for structures in excess of two stories shall be increased to 10 feet. (D) Zero lot line setback provisions. In the R-2, R-3 and R-4 districts, the yard for a single-family attached dwelling may be reduced to zero feet, provided that the following conditions are satisfactorily met: 270 Item 15. City of Columbia Heights – Ordinance 1711 Page 137 (1) The wall of the dwelling unit shall be placed upon said property line in a manner that does not encroach upon another property. (2) The applicant records all required agreements, easements and deed restrictions against all properties that abut the zero lot line. (3) The minimum front, side and rear building setbacks shall be applied to the structure as a whole, rather than to individual units. (4) The minimum lot area requirement shall be applied by dividing the sum of the area of all parcels occupied by the structure by the total number of dwelling units. (E) R-1, Single-Family Residential District. (1) Purpose. The purpose of the R-1, Single-Family Residential District is to provide appropriately located areas for detached single-family dwellings and directly related complementary uses. Permitted, conditional, and accessory uses can be found in City Code 9.106 General Development Standards (S) Table of Uses. (2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the R-1, Single- Family Residential District: (a) Single-family dwelling, detached. (b) State licensed residential care facility serving six or fewer persons. (c) Licensed day care facility serving 12 or fewer persons. (d) Licensed group family day care facility serving 14 or fewer children. (e) Public parks and playgrounds. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R-1, Single- Family Residential 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) Religious facility/place of worship. (b) Convent or monastery, when accessory to a religious facility. (c) School, public or private, K-12. (d) Government office. (e) Government protective service facility. (f) Golf course. (g) Joint driveway use between adjoining property owners. (h) Fences greater than six feet in height. (F) R-2A and R-2B, Two-Family Residential District. Formatted: Strikethrough 271 Item 15. City of Columbia Heights – Ordinance 1711 Page 138 (1) Purpose. The purpose of the R-2A and R-2B Two-Family Residence District is to provide appropriately located areas for single-family dwellings, two-family dwellings (duplexes) and directly related complementary uses. Permitted, conditional, and accessory uses can be found in City Code 9.106 General Development Standards (S) Table of Uses. (2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the R-2A and R- 2B, Two-Family Residential District: (a) Single-family dwelling, detached. (b) State-licensed residential care facility serving six or fewer persons. (c) Licensed day care facility serving 12 or fewer persons. (d) Licensed group family day care facility serving 14 or fewer children. (e) Public parks and playgrounds. (f) Two-family dwelling. (g) Twinhome dwelling. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R-2A and R- 2B, Two-Family Residential 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) Religious facility/place of worship. (b) Convent or monastery, when accessory to a religious facility. (c) School, public or private, K-12. (d) Government office. (e) Government protective service facility. (f) Golf course. (g) Off-street parking for an adjacent conforming commercial or industrial use, provided the lots are under common ownership, is not separated by a public right-of-way and front on the same public right-of-way. (h) Joint driveway use between adjoining property owners. (i) Fences greater than six feet in height. (G) R-3, Limited Multiple-Family Residential District. (1) Purpose. The purpose of the R-3, Limited Multiple-Family Residential District is to provide appropriately located areas for small lot single-family dwellings, multiple-family dwellings with up to eight units per structure (town homes, condominiums and apartments), congregate living arrangements and directly related complementary uses. Permitted, conditional, and accessory uses can be found in City Code 9.106 General Development Standards (S) Table of Uses. Formatted: Strikethrough 272 Item 15. City of Columbia Heights – Ordinance 1711 Page 139 (2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the R-3, Limited Multiple-Family Residential District: (a) Single-family dwelling, detached. (b) Two-family dwelling. (c) Twinhome dwelling. (d) Town home dwelling with up to eight units per structure. (e) Multiple-family dwelling with up to eight units per structure. (f) State licensed residential care facility serving six or fewer persons. (g) Licensed day care facility serving 12 or fewer persons. (h) Licensed group family day care facility serving 14 or fewer children. (i) Public park and/or playground. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R-3, Limited Multiple-Family Residential 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) Religious facility/place of worship. (b) Convent or monastery, when accessory to a religious facility. (c) School, public or private, K-12. (d) Government office. (e) Government protective service facility. (f) Off-street parking for an adjacent conforming commercial or industrial use, provided the lots are under common ownership, is not separated by a public right-of-way and front on the same public right-of-way. (g) State licensed residential care facility serving 7 to 16 persons. (h) Licensed day care facility serving more than 12 persons. (i) Congregate living facilities, including rooming houses, group living quarters, nursing homes, senior housing, assisted living facilities, transitional housing and emergency housing. (j) Bed and breakfast home, when accessory to a single-family dwelling. (k) Community center. (l) Recreational facility, indoor. (m) Recreational facility, outdoor. Formatted: Strikethrough 273 Item 15. City of Columbia Heights – Ordinance 1711 Page 140 (n) Day care center, adult or child. (o) Joint driveway use between adjoining property owners. (p) Fences greater than six feet in height. (H) R-4, Multiple-Family Residential District. (1) Purpose. The purpose of the R-4, Multiple-Family Residential District is to provide for appropriately located areas for high density multiple-family dwellings, congregate living arrangements and directly related complementary uses. Permitted, conditional, and accessory uses can be found in City Code 9.106 General Development Standards (S) Table of Uses. (2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the R-4, Multiple-Family Residential District: (a) Single-family dwelling, detached. (b) Two-family dwelling. (c) Twinhome dwelling. (d) Town home dwelling with up to eight units per structure. (e) Multiple-family dwelling. (f) State licensed residential care facility serving six or fewer persons. (g) Licensed day care facility serving 12 or fewer persons. (h) Licensed group family day care facility serving 14 or fewer children. (i) Public park and/or playground. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the R-4, Multiple- Family Residential 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) Religious facility/place of worship. (b) Convent or monastery, when accessory to a religious facility. (c) School, public or private, K-12. (d) School, vocational or business. (e) Licensed day care facility serving more than 12 persons. (f) Government office. (g) Government protective service facility. (h) Off-street parking for an adjacent conforming commercial or industrial use, provided the lots are under common ownership, is not separated by a public right-of-way and front on the same public right-of-way. Formatted: Strikethrough 274 Item 15. City of Columbia Heights – Ordinance 1711 Page 141 (i) State licensed residential care facility serving more than six persons. (j) Congregate living facilities, including rooming houses, group living quarters, nursing homes, senior housing, assisted living facilities, transitional housing and emergency housing. (k) Bed and breakfast home, when accessory to a single-family dwelling. (l) Community center. (m) Recreational facility, indoor. (n) Recreational facility, outdoor. (o) Day care center, adult or child. (p) Manufactured home park. (q) Joint driveway use between adjoining property owners. (r) Fences greater than six feet in height. Section 6 The following language for Commercial Districts is added, amended and deleted as provided in Section 9.110 of the City Code of 2005, is hereby established to read as follows: (A) Purpose. The commercial districts are established to provide for a wide range of goods and services in locations throughout the community; provide employment opportunities; and enhance the livability of the 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 federal standards for such uses. (2) Administration. The administration and enforcement of this section shall be in accordance with the provisions of § 9.104, Administration and Enforcement. (3) Nonconformities. Nonconforming uses, structures, lots and signs within a commercial district shall be subject to the provisions of § 9.105, Nonconformities. (4) Compliance with general development standards. Any use established, expanded or modified in a commercial district after the effective date of this article shall comply with the applicable provisions of § 9.106, General Development Standards , including the Table of Uses defining the allowed uses in commercial districts.. (5) Compliance with specific development standards. Any use established, expanded or modified in a commercial district after the effective date of this article shall comply with the applicable provisions of § 9.107, Specific Development Standards. (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 Formatted: Strikethrough 275 Item 15. City of Columbia Heights – Ordinance 1711 Page 142 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. 276 Item 15. City of Columbia Heights – Ordinance 1711 Page 143 Maximum Building Height 35 ft. 35 ft. none Maximum Structure Height 35 ft. unless specified elsewhere 35 ft. unless specified elsewhere none, unless specified elsewhere Maximum Lot Coverage Floor area ratio 1.0 6.0 (D) LB, Limited Business District. (1) Purpose. The purpose of the LB, Limited Business District is to provide appropriate locations for limited retail sales and services for the convenience of adjacent residential neighborhoods. These areas are located along collector or arterial roadways in close proximity to residential neighborhoods, arranged and designed to be a functional and harmonious part of the neighborhood, and accessible by public sidewalks or trails as well as by roadways. Permitted, conditional, and accessory uses can be found in City Code 9.106 General Development Standards (S) Table of Uses. (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. (l) Retail sales (m) Food service, limited (coffee shop/deli) (n) 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. Formatted: Strikethrough Formatted: Strikethrough 277 Item 15. City of Columbia Heights – Ordinance 1711 Page 144 (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. Permitted, conditional, and accessory uses can be found in City Code 9.106 General Development Standards (S) Table of Uses. 278 Item 15. City of Columbia Heights – Ordinance 1711 Page 145 (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. Formatted: Strikethrough Formatted: Strikethrough 279 Item 15. City of Columbia Heights – Ordinance 1711 Page 146 (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. Formatted: Strikethrough 280 Item 15. City of Columbia Heights – Ordinance 1711 Page 147 (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 floor commercial use. Permitted, conditional, and accessory uses can be found in City Code 9.106 General Development Standards (S) Table of Uses. (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. Formatted: Strikethrough 281 Item 15. City of Columbia Heights – Ordinance 1711 Page 148 (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 282 Item 15. City of Columbia Heights – Ordinance 1711 Page 149 (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. (26) 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 75 The following language for Industrial Districts is added, amended and deleted as provided in Section 9.111 of the City Code of 2005, is hereby established to read as follows: (A) Purpose. The industrial districts are established to enhance the community’s tax base; provide employment opportunities; and accommodate industrial development while maintaining compatibility with surrounding areas. (B) General provisions. (1) Compliance with applicable regulations. Any use established in an industrial district after the effective date of this chapter shall comply will all applicable local, state and federal standards for such uses. 283 Item 15. City of Columbia Heights – Ordinance 1711 Page 150 (2) Administration. The administration and enforcement of this section shall be in accordance with the provisions of § 9.104, Administration and Enforcement. (3) Nonconformities. Nonconforming uses, structures, lots and signs within an Industrial District shall be subject to the provisions of § 9.105, Nonconformities. (4) Compliance with general development standards. Any use established, expanded or modified in an industrial district after the effective date of this article shall comply with the applicable provisions of § 9.106, General Development Standards, including the Table of Uses defining the allowed uses in industrial districts.. (5) Compliance with specific development standards. Any use established, expanded or modified in an industrial district after the effective date of this chapter that is identified in § 9.107, Specific Development Standards, shall comply with the applicable provisions of that section. (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. Rear yard 24 ft. 24 ft. Formatted: Strikethrough 284 Item 15. City of Columbia Heights – Ordinance 1711 Page 151 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. Permitted, conditional, and accessory uses can be found in City Code 9.106 General Development Standards (S) Table of Uses. (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. (i) Office. Formatted: Strikethrough Formatted: Strikethrough 285 Item 15. City of Columbia Heights – Ordinance 1711 Page 152 (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. (j) Automobile and motorcycle repair, minor. Formatted: Strikethrough Formatted: Strikethrough 286 Item 15. City of Columbia Heights – Ordinance 1711 Page 153 (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. Permitted, conditional, and accessory uses can be found in City Code 9.106 General Development Standards (S) Table of Uses. (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. (m) Maintenance facility. Formatted: Strikethrough Formatted: Strikethrough 287 Item 15. City of Columbia Heights – Ordinance 1711 Page 154 (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 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) 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. (c) Temporary construction buildings. Formatted: Strikethrough 288 Item 15. City of Columbia Heights – Ordinance 1711 Page 155 (d) Signs as regulated by § 9.106. (e) Caretaker’s residence (f) Fences greater than seven feet in height. Section 8 The following language for Planned Unit Development Districts is added and amended as provided in Section 9.111 of the City Code of 2005, is hereby established to read as follows: (A) Purpose. The purpose of the PUD, Planned Unit Development District is to provide greater flexibility with development and redevelopment; preserve historical, environmental, and aesthetically significant features; promote a high quality of design; and encourage more technological and energy efficient developments. This is achieved by undertaking a process that results in a development outcome that exceeds the typical development achievable through standard zoning controls. (B) General provisions. (1) Relationship to other applicable regulations. (a) Property located within a PUD District shall be subject to the land use controls described in the primary zoning district, as well as the rules and regulations prescribed in the PUD District plan. Where the provisions of the primary zoning district and the PUD District plan are in conflict, the PUD District plan shall govern. (b) The PUD District plan review process, in accordance with the provisions of this section, constitute and supersede the requirements set forth in § 9.104(N)(2). (2) Right of application. Any person having a legal interest in the property may file an application for the establishment of a PUD District with the Zoning Administrator. (3) Authority. The city retains absolute authority and discretion to establish a PUD District, and reserves the right to deny the establishment of a PUD District if the City Council determines that the proposed benefits of the development do not justify the requested flexibilities of a PUD District. (4) Administration. The administration and enforcement of this section shall be in accordance with the provisions of § 9.104 . (5) Application. An application for establishment of a PUD District shall be filed with the Zoning Administrator on the approved form, and shall be accompanied by an application fee as set forth in § 9.104 (C)(5). An application shall include a narrative; a vicinity map; an accurately scaled site plan showing the locations of proposed and existing buildings, existing and proposed topography, vehicular access and parking areas, landscaping, and other site features; a stormwater management plan; elevation views of all proposed buildings and structures; and any other information determined by the Zoning Administrator to be necessary. (6) Approval. Approval of a PUD District plan shall be by ordinance, a simple majority vote, and in full force and effect from and after 30 days after its passage. (7) Physical development contract. After City Council approval of a PUD District plan, a physical development contract shall be required prior to site development. The physical development contract shall reference all the approved plans and specify permitted uses; allowable densities; development phasing if applicable; required public improvements; construction commencement and completion dates of the minimum improvements; an irrevocable letter of credit, or cash deposit in an amount sufficient to ensure the provision or development of public improvements; and any other requirements determined by the Zoning Administrator to be necessary. The physical 289 Item 15. City of Columbia Heights – Ordinance 1711 Page 156 development contract shall be signed by the applicant or an authorized representative within 60 days after its approval by City Council. (8) Time limits. An established PUD District shall be validated by the construction commencement of the minimum improvements pursuant to the physical development contract. If the construction commencement fails to meet the deadline specified in the physical development contract, the approval of the PUD District plan by the City Council shall be rendered invalid and void. Notwithstanding the construction commencement time limitations, the City Council may, at its own discretion, approve an extension by approval of an amendment to the physical development contract if requested by the applicant in writing. (C) Areas of flexibility. Development flexibility provided through the establishment of a PUD District will not be approved in avoidance of the regulations set forth by the primary zoning district. However, if a development is able to achieve a higher quality of design, efficiency, and technology than what current market conditions allow, the establishment of a PUD District will provide flexibility to the following areas: (1) Building heights; (2) Building materials; (3) Building and parking setbacks; (4) Landscaping requirements; (5) Multiple building placement; (6) Parking and vehicular requirements; (7) Public art requirements; (8) Public spaces; (9) Signage requirements; (10) Site density. (11) Solar, renewable energy systems, and beneficial electrification. (D) Review procedure. (1) Pre-application meeting. Prior to filing an application with the Zoning Administrator for the establishment of a PUD District, the applicant shall meet with city staff for a pre-application meeting. The primary purpose of the pre- application meeting is to allow the applicant and city staff to discuss land use controls, appropriate uses of the site, specific development design standards, the application process, and required information that shall be submitted with an application, as well as evaluating how the development will achieve a higher quality of design, efficiency and technology in relation to guiding documents. (2) Development Review Committee. After a completed application has been filed, the Development Review Committee, comprised of the Zoning Administrator, Building Official, Fire Chief, City Engineer, and his or her appointee, shall conduct an administrative review of the application. All findings and determinations by the Development Review Committee shall be forwarded to the Planning Commission. (3) Neighborhood meeting. Prior to the consideration of a PUD District plan or a major amendment to a PUD District plan by the Planning Commission, the applicant shall hold a neighborhood meeting within city limits, and mail a notification of the neighborhood meeting to all property owners and tenants within 350 feet surrounding the proposed PUD District. The purpose of the meeting is to inform the neighborhood of the proposed development, and to obtain input from the affected property owners and tenants. (4) Planning Commission. (a) Informal public hearing. The Planning Commission shall hold an informal public hearing for the consideration of a completed application for the establishment of a PUD District in accordance with the requirements of this section. The Planning Commission shall make the following findings of fact before approving the establishment of a PUD District: 1. The PUD District plan conforms to all applicable requirements of this article; 2. The PUD District plan is consistent with the applicable provisions of the comprehensive plan; 290 Item 15. City of Columbia Heights – Ordinance 1711 Page 157 3. The PUD District plan is consistent with any applicable area plan; 4. The PUD District plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. (b) Recommendation. The findings and recommendation of the Planning Commission shall be forwarded to the City Council. The Planning Commission may impose conditions of recommended approval or modifications to any PUD District plan, and require guarantees deemed necessary to ensure compliance with the requirements of this section. (5) City Council. (a) Formal public hearing. The City Council shall hold a formal public hearing for the consideration of a completed application for the establishment of a PUD District in accordance with the requirements of this section. (b) Action. The City Council shall review and consider the recommendations of the Planning Commission, the Development Review Committee, and the public before approval or denial, in whole or in part, is made for establishment of the PUD District. A denial shall only be based on findings of fact that the PUD District plan is not in substantial compliance with the provisions of this section, or if the City Council determines that the proposed benefits of the development do not justify the requested flexibilities of a PUD District. (E) Amendments. An approved PUD District plan may not be changed or modified without prior approval by City Council. A request for an amendment to an approved PUD District plan shall be submitted and reviewed by the Zoning Administrator to determine if it is a minor or major amendment. (1) Minor amendments. 1. An amendment shall be deemed minor in nature if a change or modification to the approved PUD District plan increases or decreases a provision to be in conformance with the primary zoning district; increases the density of units per acre or gross floor area in any structure by less than or equal to 10%; demolishes or adds an accessory structure; significantly alters the original intent of the landscape plans or elevation views; or is not determined by the Zoning Administrator to be major in nature. 2. A minor amendment shall be placed on the consent agenda of City Council without the review by the Planning Commission. The City Council may remove the minor amendment from the consent agenda for discussion before approval or denial. (2) Major amendments. (a) An amendment shall be deemed major in nature if a change or modification to the approved PUD District plan increases or decreases a provision to not be in conformance with the primary zoning district; increases the density of units per acre or gross floor area in any structure by more than 10%; demolishes or adds a principal structure; alters the placement of buildings or roads; introduces a new use; decreases the amount of public spaces by more than or equal to 3%, or alters it in such a way to change its original intent; creates a conflict with the original conditions of recommended approval; eliminates, substantially diminishes, or compromises the original intent of the PUD District as prescribed in division (A) of this section; or is not determined by the Zoning Administrator to be minor in nature. (b) A major amendment shall require the submittal of a revised PUD District plan to the Zoning Administrator for full review and approval in accordance with the provisions of this section. (F) Cancellations. An approved PUD District plan shall be cancelled and revoked only upon City Council approving a resolution rescinding the PUD District. Cancellation of a PUD District plan shall include findings of fact that demonstrate that the district is no longer necessary due to changes in local regulations; has become inconsistent with the comprehensive plan of the city; threatens public safety, health, or welfare; or at the request of the applicant or assignee in writing. Section 9 291 Item 15. City of Columbia Heights – Ordinance 1711 Page 158 The following language for Overlay Districts is added and amened as provided in Section 9.114 of the City Code of 2005, is hereby established to read as follows: (A) General provisions. (1) Purpose. Overlay districts are established in recognition of the unique characteristics of land and land use within certain parts of the city, including those properties within flood-prone areas and shoreland areas. Overlay districts are further intended to protect the public health, safety, and welfare by preserving environmentally sensitive and unique areas of the community. (2) Relationship to other applicable regulations. Property located within an overlay district shall be subject to the provisions of both the primary zoning district and the overlay district. Where the provisions of the primary zoning district and the overlay zoning district are in conflict, the most restrictive provisions shall govern. (3) Establishment of boundaries. Overlay district boundaries shall be as specified in the individual overlay district regulations. (4) Establishment of overlay district. The following overlay districts are established: (a) Floodplain Management Overlay District. (b) Shoreland Management Overlay District. (c) Design Overlay District. (B) Floodplain Management Overlay District. (1) Statutory authorization, findings of fact and purpose. (a) Statutory authorization. The legislature of the state has, in M.S. Chapter 103F and Chapter 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council of the city, does ordain as follows. (b) Purpose. 1. This section regulates development in the flood hazard areas of the city. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this section to promote the public health, safety, and general welfare by minimizing these losses and disruptions. 2. National Flood Insurance Program compliance. This section is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 C.F.R. Parts 59 through 78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program. 3. This section is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and storm water impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development. (2) General provisions. (a) How to use this section. This section adopts the floodplain maps applicable to the city and includes three floodplain districts: Floodway, Flood Fringe, and General Floodplain. 1. Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the standards in divisions (B)(4) or (B)(5) will apply, depending on the location of a property. 2. Locations where Floodway and Flood Fringe districts are not delineated on the floodplain maps are considered to fall within the General Floodplain district. Within the General Floodplain district, the Floodway District standards in division (B)(4) apply unless the floodway boundary is determined, according to the process outlined in division (B)(6). Once the floodway boundary is determined, the Flood Fringe District standards in division (B)(5) may apply outside the floodway. 292 Item 15. City of Columbia Heights – Ordinance 1711 Page 159 (b) Lands to which section applies. This section applies to all lands within the jurisdiction of the City of Columbia Heights shown on the Official Zoning Map and/or the attachments to the map as being located within the boundaries of the Floodway, Flood Fringe, or General Floodplain Districts. 1. The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that are superimposed on all existing zoning districts. 2. The standards imposed in the overlay districts are in addition to any other requirements in this section. In case of a conflict, the more restrictive standards will apply. (c) Incorporation of maps by reference. The following maps together with all attached material are hereby adopted by reference and declared to be a part of the Official Zoning Map and this section. The attached material includes the Flood Insurance Study for Anoka County, Minnesota, and Incorporated Areas and the Flood Insurance Rate Map enumerated below, all dated December 16, 2015 and all prepared by the Federal Emergency Management Agency. These materials are on file in the Office of the City Planner. 1. 27003C0384E. 2. 27003C0392E. 3. 27003C0403E. 4. 27003C0411E. (d) Regulatory flood protection elevation. The regulatory flood protection elevation (RFPE) is an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. (e) Interpretation. The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance Rate Map. 1. Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field conditions, the flood elevations shall be the governing factor. The Zoning Administrator must interpret the boundary location based on the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain, and other available technical data. 2. Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Board of Adjustment and to submit technical evidence. (f) Abrogation and greater restrictions. It is not intended by this section to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However, where this section imposes greater restrictions, the provisions of this section prevail. All other ordinances inconsistent with this section are hereby repealed to the extent of the inconsistency only. (g) Warning and disclaimer of liability. This section does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This section does not create liability on the part of the city or its officers or employees for any flood damages that result from reliance on this section or any administrative decision lawfully made hereunder. (h) Severability. If any section, clause, provision, or portion of this section is adjudged unconstitutional or invalid by a court of law, the remainder of this section shall not be affected and shall remain in full force. (i) Definitions. Unless specifically defined below, words or phrases used in this section must be interpreted according to common usage and so as to give this section its most reasonable application. ACCESSORY USE OR STRUCTURE. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. BASE FLOOD ELEVATION. The elevation of the "regional flood." The term BASE FLOOD ELEVATION is used in the flood insurance survey. BASEMENT. Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. 293 Item 15. City of Columbia Heights – Ordinance 1711 Page 160 CONDITIONAL USE. A specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: a. Certain conditions as detailed in the zoning ordinance exist. b. The structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood. CRITICAL FACILITIES. Facilities necessary to a community's public health and safety, those that store or produce highly volatile, toxic or water-reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities. DEVELOPMENT. Any manmade change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. FARM FENCE. A fence as defined by M.S. § 344.02, subd. 1(a)-(d). An open type fence of posts and wire is not considered to be a structure under this section. Fences that have the potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures under this section. FLOOD. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. FLOOD FREQUENCY. The frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. FLOOD FRINGE. That portion of the floodplain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for Anoka County, Minnesota. FLOOD PRONE AREA . Any land susceptible to being inundated by water from any source (see FLOOD). FLOODPLAIN. The beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. FLOODPROOFING. A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. FLOODWAY. The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor. MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term MANUFACTURED HOME does not include the term "recreational vehicle." OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. ONE HUNDRED YEAR FLOODPLAIN. Lands inundated by the "regional flood" (see definition). PRINCIPAL USE OR STRUCTURE. All uses or structures that are not accessory uses or structures. 294 Item 15. City of Columbia Heights – Ordinance 1711 Page 161 REACH. A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. RECREATIONAL VEHICLE. A vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this section, the term RECREATIONAL VEHICLE is synonymous with the term "travel trailer/travel vehicle." REGIONAL FLOOD. A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 1% chance or 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study. REGULATORY FLOOD PROTECTION ELEVATION (RFPE). An elevation not less than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. REPETITIVE LOSS. Flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred. SPECIAL FLOOD HAZARD AREA. A term used for flood insurance purposes synonymous with "one hundred year floodplain." STRUCTURE. Anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in division (B)(9)(b)2. of this section and other similar items. SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT. Within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: a. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. b. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." For the purpose of this ordinance, "historic structure" is as defined in 44 C.F.R. Part 59.1. (j) Annexations. The Flood Insurance Rate Map panels adopted by reference into division (B)(2)(c) above may include floodplain areas that lie outside of the corporate boundaries of the City of Columbia Heights at the time of adoption of this section. If any of these floodplain land areas are annexed into the city after the date of adoption of this section, the newly annexed floodplain lands will be subject to the provisions of this section immediately upon the date of annexation. (3) Establishment of zoning districts. (a) Districts. 295 Item 15. City of Columbia Heights – Ordinance 1711 Page 162 1. Floodway District. The Floodway District includes those areas designated as floodway on the Flood Insurance Rate Map adopted in division (B)(2)(c). For lakes, wetlands and other basins, the Floodway District includes those areas designated as Zone A on the Flood Insurance Rate Map that are at or below the ordinary high water level as defined in M.S. § 103G.005, subd. 14. 2. Flood Fringe District. The Flood Fringe District includes those areas designated as floodway fringe on the Flood Insurance Rate Map adopted in division (B)(2)(c), as being within Zone AE but being located outside of the floodway. For lakes, wetlands and other basins (that do not have a floodway designated), the Flood Fringe District includes those areas designated as Zone A on the Flood Insurance Rate Map panels adopted in division (B)(2)(c) that are below the 1% annual chance (100-year) flood elevation but above the ordinary high water level as defined in M.S. § 103G.005, subd. 14. 3. General Floodplain District. The General Floodplain District includes those areas designated as Zone A or Zone AE without a floodway on the Flood Insurance Rate Map adopted in division (B)(2)(c), but not subject to the criteria in divisions (B)(3)(a)1. and 2. above. (b) Compliance. Within the floodplain districts established in this section, the use of any land, the use, size, type and location of structures on lots, the installation and maintenance of transportation, utility, water supply and waste treatment facilities, and the subdivision of land must comply with the terms of this section and other applicable regulations. All uses not listed as permitted uses or conditional uses in division (B)(4), (5) and (6), respectively, are prohibited. In addition, a caution is provided here that: 1. New and replacement manufactured homes and certain recreational vehicles are subject to the general provisions of this section and specifically division (B)(9). 2. Modifications, additions, structural alterations, normal maintenance and repair, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this section and specifically division (B)(11). 3. All structures must be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 4. As-built elevations for elevated or floodproofed structures must be certified by ground surveys and flood- proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this ordinance and specifically as stated in division (B)(10) of this section. 5. Critical facilities, as defined in division (B)(2)(i), are prohibited in all floodplain districts. (4) Floodway District (FW). (a) Permitted uses. The following uses, subject to the standards set forth in division (B)(4)(b), are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district: 1. General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. 2. Industrial-commercial loading areas, parking areas, and airport landing strips. 3. Open space uses, including but not limited to private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas, and single or multiple purpose recreational trails. 4. Residential lawns, gardens, parking areas, and play areas. 5. Railroads, streets, bridges, utility transmission lines and pipelines, provided that the Department of Natural Resources' Area Hydrologist is notified at least ten days prior to issuance of any permit, and that the standards in divisions (B)(4)(d)1., (d)3.a. and (d)6. of this section are met. (b) Standards for floodway permitted uses. 1. The use must have a low flood damage potential. 296 Item 15. City of Columbia Heights – Ordinance 1711 Page 163 2. With the exception of the uses listed in division (B)(4)(a)5., the use must not obstruct flood flows or increase flood elevations and must not involve structures, fill, obstructions, excavations or storage of materials or equipment. 3. Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood. (c) Conditional uses. The following uses may be allowed as conditional uses following the standards and procedures set forth in division (B)(10)(d) of this section and further subject to the standards set forth in division (B)(4)(d), if otherwise allowed in the underlying zoning district or any applicable overlay district. 1. Structures accessory to the uses listed in division (B)(4)(a) above and the uses listed in division (B)(4)(c)2. through 7. below. 2. Extraction and storage of sand, gravel, and other materials. 3. Marinas, boat rentals, docks, piers, wharves, and water control structures. 4. Storage yards for equipment, machinery, or materials. 5. Placement of fill or construction of fences that obstruct flood flows. Farm fences, as defined in division (B)(2)(i), are permitted uses. 6. Travel-ready recreational vehicles meeting the exception standards in division (B)(9)(b). 7. Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the ten-year frequency flood event. (d) Standards for floodway conditional uses. 1. All uses. A conditional use must not cause any increase in the stage of the 1% chance or regional flood or cause an increase in flood damages in the reach or reaches affected. 2. Fill; storage of materials and equipment. a. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. b. Fill, dredge spoil, and other similar materials deposited or stored in the floodplain must be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan. c. Temporary placement of fill, other materials, or equipment which would cause an increase to the stage of the 1% chance or regional flood may only be allowed if the City Council has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available. 3. Accessory structures. a. Accessory structures must not be designed for human habitation. b. Accessory structures, if permitted, must be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters: i. Whenever possible, structures must be constructed with the longitudinal axis parallel to the direction of flood flow; and ii. So far as practicable, structures must be placed approximately on the same flood flow lines as those of adjoining structures. c. Accessory structures must be elevated on fill or structurally dry floodproofed in accordance with the FP-1 or FP-2 floodproofing classifications in the State Building Code. All floodproofed accessory structures must meet the following additional standards: i. The structure must be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls; and 297 Item 15. City of Columbia Heights – Ordinance 1711 Page 164 ii. Any mechanical and utility equipment in the structure must be elevated to or above the regulatory flood protection elevation or properly floodproofed. d. As an alternative, an accessory structure may be internally/wet floodproofed to the FP-3 or FP-4 floodproofing classifications in the State Building Code, provided the accessory structure constitutes a minimal investment and does not exceed 576 square feet in size. A detached garage may only be used for parking of vehicles and limited storage. All structures must meet the following standards: i. To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and ii. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. 4. Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters are subject to the provisions of M.S. § 103G.245. 5. A levee, dike or floodwall constructed in the floodway must not cause an increase to the 1% chance or regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream. 6. Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. (5) Flood Fringe District (FF). (a) Permitted uses. Permitted uses are those uses of land or structures allowed in the underlying zoning district(s) that comply with the standards in division (B)(5)(b). If no pre-existing, underlying zoning districts exist, then any residential or nonresidential structure or use of a structure or land is a permitted use provided it does not constitute a public nuisance. (b) Standards for flood fringe permitted uses. 1. All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure. a. All service utilities, including ductwork, must be elevated or water-tight to prevent infiltration of floodwaters. b. As an alternative to elevation on fill, an accessory structure that constitutes a minimal investment and that does not exceed 576 square feet in size may be internally floodproofed in accordance with division (B)(4)(d)3. 2. The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless the fill is specifically intended to elevate a structure in accordance with division (B)(5)(b)1. of this section, or if allowed as a conditional use under division (B)(5)(c)3. below. 3. The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation. 4. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. 5. Fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method. 6. All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning/emergency evacuation plan acceptable to the City Council. 7. Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be 298 Item 15. City of Columbia Heights – Ordinance 1711 Page 165 designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1% chance) flood. 8. Interference with normal manufacturing/industrial plant operations must be minimized, especially along streams having protracted flood durations. In considering permit applications, due consideration must be given to the needs of industries with operations that require a floodplain location. 9. Flood fringe developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. 10. Manufactured homes and recreational vehicles must meet the standards of division (B)(9) of this section. (c) Conditional uses. The following uses and activities may be allowed as conditional uses, if allowed in the underlying zoning district(s) or any applicable overlay district, following the procedures in division (B)(10)(d) of this section. Conditional uses must meet the standards in divisions (B)(5)(b)4. through 10. and division (B)(5)(d). 1. Any structure that is not elevated on fill or floodproofed in accordance with division (B)(5)(b)1. of this section. 2. Storage of any material or equipment below the regulatory flood protection elevation. 3. The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with division (B)(5)(b)1. of this section. (d) Standards for flood fringe conditional uses. 1. The standards listed in divisions (B)(5)(b)4. through 10. apply to all conditional uses. 2. Basements, as defined by division (B)(2)(i) of this section, are subject to the following: a. Residential basement construction is not allowed below the regulatory flood protection elevation. b. Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with division (B)(5)(d)4. of this section. 3. All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be floodproofed in accordance with the structurally dry floodproofing classifications in the State Building Code. Structurally dry floodproofing must meet the FP-1 or FP-2 floodproofing classification in the State Building Code, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures wet floodproofed to the FP-3 or FP-4 classification are not permitted. 4. The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan. a. The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (1% chance) flood event. b. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City Council. c. The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists. 5. Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of such materials within the time available after a flood warning. 6. Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts, pilings, parallel walls, and the like, or above-grade, enclosed areas such as crawl spaces or tuck under garages. The base or floor of an enclosed area shall be considered above-grade and not a structure's basement or lowest floor if: 1) the enclosed area is above-grade on at least one side of the structure; 2) it is designed to internally flood and is 299 Item 15. City of Columbia Heights – Ordinance 1711 Page 166 constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access or storage. The above-noted alternative elevation methods are subject to the following additional standards: a. Design and certification. The structure's design and as-built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. b. Specific standards for above-grade, enclosed areas. Above-grade, fully enclosed areas such as crawl spaces or tuck under garages must be designed to internally flood and the design plans must stipulate: i. The minimum area of openings in the walls where internal flooding is to be used as a floodproofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood waters without any form of human intervention; and ii. That the enclosed area will be designed of flood resistant materials in accordance with the FP-3 or FP-4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles or storage. (6) General Floodplain District (GF). (a) Permitted uses. 1. The uses listed in division (B)(4)(a) of this section, Floodway District permitted uses, are permitted uses. 2. All other uses are subject to the floodway/flood fringe evaluation criteria specified in division (B)(6)(b) below. Division (B)(4) applies if the proposed use is determined to be in the Floodway District. Division (B)(5) applies if the proposed use is determined to be in the Flood Fringe District. (b) Procedures for floodway and flood fringe determinations. 1. Upon receipt of an application for a permit or other approval within the General Floodplain District, the Zoning Administrator must obtain, review and reasonably utilize any regional flood elevation and floodway data available from a federal, state, or other source. 2. If regional flood elevation and floodway data are not readily available, the applicant must furnish additional information, as needed, to determine the regulatory flood protection elevation and whether the proposed use would fall within the Floodway or Flood Fringe District. Information must be consistent with accepted hydrological and hydraulic engineering standards and the standards in division (B)(6)(b)3. below. 3. The determination of floodway and flood fringe must include the following components, as applicable: a. Estimate the peak discharge of the regional (1% chance) flood. b. Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. c. Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than one-half (0.5) foot. A lesser stage increase than 0.5 foot is required if, as a result of the stage increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach must be assumed in computing floodway boundaries. 4. The Zoning Administrator will review the submitted information and assess the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary. The assessment must include the cumulative effects of previous floodway encroachments. The Zoning Administrator may seek technical assistance from a designated engineer or other expert person or agency, including the Department of Natural Resources. Based on this assessment, the Zoning Administrator may approve or deny the application. 300 Item 15. City of Columbia Heights – Ordinance 1711 Page 167 5. Once the Floodway and Flood Fringe District boundaries have been determined, the Zoning Administrator must process the permit application consistent with the applicable provisions of divisions (B)(4) and (5) of this section. (7) Land development standards. (a) In general. Recognizing that flood prone areas may exist outside of the designated floodplain districts, the requirements of this section apply to all land within the City of Columbia Heights. (b) Subdivisions. No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this section. 1. All lots within the floodplain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation. 2. All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional (1% chance) flood has been approved by the City Council. The plan must be prepared by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation. 3. For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents. 4. In the General Floodplain District, applicants must provide the information required in division (B)(6)(b) of this section to determine the regional flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site. 5. If a subdivision proposal or other proposed new development is in a flood prone area, any such proposal must be reviewed to assure that: a. All such proposals are consistent with the need to minimize flood damage within the flood prone area; b. All public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and c. Adequate drainage is provided to reduce exposure of flood hazard. (c) Building sites. If a proposed building site is in a flood prone area, all new construction and substantial improvements (including the placement of manufactured homes) must be: 1. Designed (or modified) and adequately anchored to prevent floatation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; 2. Constructed with materials and utility equipment resistant to flood damage; 3. Constructed by methods and practices that minimize flood damage; and 4. Constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (8) Public utilities, railroads, roads, and bridges. (a) Public utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be floodproofed in accordance with the State Building Code or elevated to the regulatory flood protection elevation. (b) Public transportation facilities. Railroad tracks, roads, and bridges to be located within the floodplain must comply with divisions (B)(4) and (5) of this section. These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or 301 Item 15. City of Columbia Heights – Ordinance 1711 Page 168 railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. (c) On-site water supply and sewage treatment systems. Where public utilities are not provided: 1) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and 2) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and they must not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the state's current statewide standards for on-site sewage treatment systems is considered to be in compliance with this section. (9) Manufactured homes, manufactured home parks, and recreational vehicles. (a) Manufactured homes. New manufactured home parks and expansions to existing manufactured home parks are prohibited in any floodplain district. For existing manufactured home parks or lots of record, the following requirements apply: 1. Placement or replacement of manufactured home units is prohibited in the Floodway District. 2. If allowed in the Flood Fringe District, placement or replacement of manufactured home units is subject to the requirements of division (B)(5) of this section and the following standards. a. New and replacement manufactured homes must be elevated in compliance with division (B)(5) of this section and must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. b. New or replacement manufactured homes in existing manufactured home parks must meet the vehicular access requirements for subdivisions in division (B)(7)(b)2. (b) Recreational vehicles. New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Placement of recreational vehicles in existing recreational vehicle parks or campgrounds in the floodplain must meet the exemption criteria below or be treated as new structures meeting the requirements of this section. 1. Recreational vehicles are exempt from the provisions of this section if they are placed in any of the following areas and meet the criteria listed in division (B)(9)(b)2.: a. Individual lots or parcels of record. b. Existing commercial recreational vehicle parks or campgrounds. c. Existing condominium-type associations. 2. Criteria for exempt recreational vehicles: a. The vehicle must have a current license required for highway use. b. The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks. c. No permanent structural type additions may be attached to the vehicle. d. The vehicle and associated use must be permissible in any pre-existing, underlying zoning district. e. Accessory structures are not permitted within the Floodway District. Any accessory structure in the Flood Fringe District must be constructed of flood-resistant materials and be securely anchored, meeting the requirements applicable to manufactured homes in division (B)(9)(b)2. f. An accessory structure must constitute a minimal investment. 3. Recreational vehicles that are exempt in division (B)(9)(b)2. lose this exemption when development occurs on the site that exceeds a minimal investment for an accessory structure such as a garage or storage building. The recreational vehicle and all accessory structures will then be treated as new structures subject to the elevation and floodproofing requirements of division (B)(5) of this section. No development or improvement on the parcel or 302 Item 15. City of Columbia Heights – Ordinance 1711 Page 169 attachment to the recreational vehicle is allowed that would hinder the removal of the vehicle should flooding occur. (10) Administration. (a) Zoning Administrator. A Zoning Administrator or other official designated by the City Council must administer and enforce this section. (b) Permit requirements. 1. Permit required. A permit must be obtained from the Zoning Administrator prior to conducting the following activities: a. The erection, addition, modification, rehabilitation, or alteration of any building, structure, or portion thereof. Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this section. b. The use or change of use of a building, structure, or land. c. The construction of a dam, fence, or on-site septic system, although a permit is not required for a farm fence as defined in this section. d. The change or extension of a nonconforming use. e. The repair of a structure that has been damaged by flood, fire, tornado, or any other source. f. The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain. g. Relocation or alteration of a watercourse - including new or replacement culverts and bridges, unless a public waters work permit has been applied for. h. Any other type of "development" as defined in this section. 2. Application for permit. Permit applications must be submitted to the Zoning Administrator on forms provided by the Zoning Administrator. The permit application must include the following as applicable: a. A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and significant natural features having an influence on the permit. b. Location of fill or storage of materials in relation to the stream channel. c. Copies of any required municipal, county, state or federal permits or approvals. d. Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application. 3. Certificate of zoning compliance for a new, altered, or nonconforming use. No building, land or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this section. 4. Certification. The applicant is required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this section. Floodproofing measures must be certified by a registered professional engineer or registered architect. 5. Record of first floor elevation. The Zoning Administrator must maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the floodplain. The Zoning Administrator must also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed. 6. Notifications for watercourse alterations. Before authorizing any alteration or relocation of a river or stream, the Zoning Administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to M.S. § 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA). 303 Item 15. City of Columbia Heights – Ordinance 1711 Page 170 7. Notification to FEMA when physical changes increase or decrease base flood elevations. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the Zoning Administrator must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data. (c) Variances. 1. Variance applications. An application for a variance to the provisions of this section will be processed and reviewed in accordance with applicable state statutes and § 9.104(G) of the Zoning Ordinance. 2. Adherence to state floodplain management standards. A variance must not allow a use that is not allowed in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. 3. Additional variance criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: a. Variances must not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. b. Variances may only be issued by a community upon: i. A showing of good and sufficient cause; ii. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and iii. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. c. Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. 4. Flood insurance notice. The Zoning Administrator must notify the applicant for a variance that: a. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and b. Such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions. 5. General considerations. The community may consider the following factors in granting variances and imposing conditions on variances and conditional uses in floodplains: a. The potential danger to life and property due to increased flood heights or velocities caused by encroachments; b. The danger that materials may be swept onto other lands or downstream to the injury of others; c. The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions; d. The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner; e. The importance of the services to be provided by the proposed use to the community; f. The requirements of the facility for a waterfront location; g. The availability of viable alternative locations for the proposed use that are not subject to flooding; h. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; i. The relationship of the proposed use to the Comprehensive Land Use Plan and flood plain management program for the area; j. The safety of access to the property in times of flood for ordinary and emergency vehicles; Formatted: Font: Not Bold 304 Item 15. City of Columbia Heights – Ordinance 1711 Page 171 k. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site. 6. Submittal of hearing notices to the Department of Natural Resources (DNR). The Zoning Administrator must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 7. Submittal of final decisions to the DNR. A copy of all decisions granting variances must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 8. Record-keeping. The Zoning Administrator must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency. (d) Conditional uses. 1. Administrative review. An application for a conditional use permit under the provisions of this section will be processed and reviewed in accordance with § 9.104(H) of the Zoning Ordinance. 2. Factors used in decision-making. In passing upon conditional use applications, the City Council must consider all relevant factors specified in other sections of this section, and those factors identified in division (B)(10)(c)5. of this section. 3. Conditions attached to conditional use permits. The City Council may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this section. Such conditions may include, but are not limited to, the following: a. Modification of waste treatment and water supply facilities. b. Limitations on period of use, occupancy, and operation. c. Imposition of operational controls, sureties, and deed restrictions. d. Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. e. Floodproofing measures, in accordance with the State Building Code and this section. The applicant must submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. 4. Submittal of hearing notices to the Department of Natural Resources (DNR). The Zoning Administrator must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 5. Submittal of final decisions to the DNR. A copy of all decisions granting conditional uses must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. (11) (a) Nonconformities. (b) Continuance of nonconformities. A use, structure, or occupancy of land which was lawful before the passage or amendment of this section but which is not in conformity with the provisions of this section may be continued subject to the following conditions. Historic structures, as defined in division (B)(2)(i) of this section, are subject to the provisions of divisions (B)(11)(b)1. through 6. of this section. 1. A nonconforming use, structure, or occupancy must not be expanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in division (B)(11)(b)2. below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited. Formatted: Font: Not Bold 305 Item 15. City of Columbia Heights – Ordinance 1711 Page 172 2. Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP-1 thru FP-4 floodproofing classifications) allowable in the State Building Code, except as further restricted in divisions (B)(11)(b)3. and 7. below. 3. If the cost of all previous and proposed alterations and additions exceeds 50% of the market value of any nonconforming structure, then the entire structure must meet the standards of division (B)(4) or (5) of this section for new structures depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. 4. If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this section. The Assessor must notify the Zoning Administrator in writing of instances of nonconformities that have been discontinued for a period of more than one year. 5. If any nonconformity is substantially damaged, as defined in division (B)(2)(i) of this section, it may not be reconstructed except in conformity with the provisions of this ordinance. The applicable provisions for establishing new uses or new structures in divisions (B)(4) or (5) will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively. 6. If any nonconforming use or structure experiences a repetitive loss, as defined in division (B)(2)(i) of this section, it must not be reconstructed except in conformity with the provisions of this section. 7. Any substantial improvement, as defined in division (B)(2)(i) of this section, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of division (B)(4) or (5) of this section for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District. (12) Penalties and enforcement. (a) Violation constitutes a misdemeanor. Violation of the provisions of this section or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) constitute a misdemeanor and will be punishable as defined by law. (b) Other lawful action. Nothing in this section restricts the city from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses will constitute an additional violation of this section and will be prosecuted accordingly. (c) Enforcement. In responding to a suspected ordinance violation, the Zoning Administrator and City Council may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The city must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. 1. When a violation is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as it is reasonably possible, this information will be submitted to the appropriate State Department of Natural Resources and Federal Emergency Management Agency regional office along with the city's plan of action to correct the violation to the degree possible. 2. The Zoning Administrator shall notify the suspected party of the requirements of this chapter and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Zoning Administrator may order the construction or development 306 Item 15. City of Columbia Heights – Ordinance 1711 Page 173 immediately halted until a proper permit or approval is granted by the city. If the construction or development is already completed, the Zoning Administrator may either: a. Issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls; or b. Notify the responsible party to apply for an after the fact permit/development approval within a specified period of time not to exceed 30 days. (13) Amendments. (a) Floodplain designation - restrictions on removal. The floodplain designation on the Official Zoning Map must not be removed from floodplain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regulatory flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of the Department of Natural Resources (DNR) if the Commissioner determines that, through other measures, lands are adequately protected for the intended use. (b) Amendments require DNR approval. All amendments to this section must be submitted to and approved by the Commissioner of the Department of Natural Resources (DNR) prior to adoption. The Commissioner must approve the amendment prior to community approval. (c) Map revisions require ordinance amendments. The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in division (B)(2)(c) of this section. (C) Shoreland Management Overlay District. (1) Purpose. (a) The unregulated use of shorelands in the city affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise use and development of shorelands of public waters. (b) Statutory authorization. These shoreland regulations are adopted pursuant to the authorization and policies contained in M.S. Chapter 103F, Minnesota Regulations, Parts 6120.2500 through 6120.3900, and the planning and zoning enabling legislation in M.S. Chapter 462. (c) Jurisdiction. The provisions of this division shall apply to shorelands of the public water bodies as classified in subdivision (4)(b) of this division. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this code. (d) Compliance. The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the grading and filling of any shoreland area; and the cutting of shoreland vegetation shall be in full compliance with the terms of this code and other applicable regulations. (e) District application. The Shoreland Overlay District shall be superimposed (overlaid) upon all the zoning districts as identified in Chapter 9 of this code as existing or amended by the text and map of this code. The regulations and requirements imposed by the Shoreland Overlay District shall be in addition to those established by the base zoning district, which jointly apply. Under joint application of the districts, the more restrictive requirements shall apply. (f) Exemptions. 1. A structure or use which was lawful before adoption of this article, but which is not in conformity with the provisions of the Shoreland Overlay District, may be continued subject to § 9.105 of this code. 2. A property located within the Shoreland Overlay District that does not drain into a body of water listed in subdivision (4)(b) of this division. (2) District boundaries. The boundaries of the Shoreland Overlay District within the city consist of the first tier of riparian lots abutting a protected lake or tributary identified in subdivision (4)(b) of this division. The specific Formatted: Font: Not Bold 307 Item 15. City of Columbia Heights – Ordinance 1711 Page 174 boundaries of the Shoreland Overlay District are shown on the official Shoreland Overlay District Map in the Zoning Code. (3) Definitions. For the purpose of this division, certain terms and words are hereby defined: Words use in the present tense shall include the future; words in the singular include the plural, and the plural the singular; the word BUILDING shall include the word STRUCTURE; and the word LOT shall include the word PLOT; and the word SHALL is mandatory and not directory; and the word INCLUDING shall mean "including, but not limited to". For the purpose of this district, the following definitions shall apply: ACCESSORY BUILDING. A subordinate building or use, which is located on the same, lot as the principal building or use and is necessary or incidental to the conduct of the principal building or use. COMMISSION. The City of Columbia Heights Planning Commission. COMMISSIONER. The Commissioner of the Department of Natural Resources of the State of Minnesota. COUNCIL. The Columbia Heights City Council. DEVELOPMENT. The making of any material change in the use or appearance of any structure of land including reconstruction; alteration of the size of any structure; alteration of the land; alteration of a shore or bank of a river, stream, lake or pond; a commencement of drilling (except to obtain soil samples); mining or excavation; demolition of a structure; clearing of land as an adjunct to construction; deposit of refuse, solid or liquid waste, or fill on a parcel of land; the dividing of land into two or more parcels. IMPERVIOUS SURFACE. A constructed hard surface that either prevents or retards the entry of water into the soil, and causes water to run off the surface in greater quantities and at an increase rate of flow than existed prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt roads and gravel areas. LOT COVERAGE. The amount of impervious surface on a lot. ORDINARY HIGH WATER LEVEL. M.S. § 103G.005, subd. 14 defines ordinary high water level as the boundary of waterbasins, watercourses, public waters, and public waters wetlands and: 1. The ordinary high water level is an elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominately aquatic to predominately terrestrial; 2. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel; and 3. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. SHORELAND. Land located within the following distances from the ordinary high water elevation of public waters: 1. Land within 1,000 feet from the normal high watermark of a lake, pond, or flowage; and 2. Land within 300 feet if a river or stream or the landward side of a floodplain delineated by ordinance on the river or stream, whichever is greater. SHORE IMPACT ZONE. The area between the ordinary high water mark and 50 feet inland from the ordinary high water mark. STRUCTURE. Anything constructed or erected which requires location on or underground or attachment to something having location on or underground. This includes an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, whether of a temporary or permanent character. (4) Shoreland classification system. (a) Public waters. The public waters of the city have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the DNR Protected Waters Inventory Map for Anoka County, Minnesota. 308 Item 15. City of Columbia Heights – Ordinance 1711 Page 175 (b) Official Map. The shoreland permit district for the waterbodies listed below shall be shown on the Columbia Heights Map. Recreational Development Lakes Protected Waters Inventory ID. # Silver Lake 83P General Development Lakes Protected Waters Inventory I.D. # Sullivan Lake 80P Highland Lake 79P Hart Lake 81P Clover Pond 686W LaBelle Pond 687P (5) Administration. (a) Building permit required. A permit is required for the construction of buildings or building additions (and including such related activities as construction of decks and signs), and those grading and filling activities not exempted by this code that occur within the shoreland district. Application for a building permit shall be filed with the Zoning Administrator or any staff persons designated by the City Manager on an official application form of the city, accompanied by a fee as set forth in Chapter 6, Article II of the city code. Where required by law, the building permit application shall be forwarded to the applicable watershed district for review and comment. The application shall include the necessary information so that the Zoning Administrator can determine the site's suitability for the intended use. (b) Variance. Variances may only be granted in accordance with § 9.104(G) of this code. A variance may not circumvent the general purposes and intent of this code. No variance may be granted that would allow any use that is prohibited in the underlying zoning district in which the subject property is located. (c) Conditional use permit. Conditional use permits may only be granted in accordance with § 9.014(H) of this code. Conditional use permits are required to ensure specific development standards within the Shoreland Overlay Districts. (d) Notifications to the Department of Natural Resources. 1. Public hearings. Copies of all notices of any public hearings to consider variances, amendments, conditional uses, or special uses under local shoreland management controls must be sent to the Commissioner or the Commissioner's designated representative and postmarked at least ten days prior to the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat. 2. Approval. A copy of approved amendments and subdivisions/plats, and final decisions granting variances and conditional use permits under local shoreland management controls must be sent by the city to the Commissioner or the Commissioner's designated representative and postmarked within ten days of the final action. (6) Land use district descriptions. Allowed land uses within the Shoreland District shall be determined by the underlying zoning district, as listed within Chapter 9 of the city code. (7) Lot area and width standards. Lot area and width standards for residential development shall be regulated per the underlying zoning district in Chapter 9 of the city code. (8) Placement, design, and height of structures. Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold 309 Item 15. City of Columbia Heights – Ordinance 1711 Page 176 (a) Placement of structures on lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone. Structures shall be located as follows: 1. Required setbacks. All required rear yard, side yard and front yard setbacks shall be met per the underlying zoning district. 2. Ordinary high water level setback. Structure setbacks (in feet) from the ordinary high water level are: Classes of Public Waters Structure Setbacks General Development Lake 50 feet Recreational Development Lake 75 feet 3. Height of structures. Maximum allowable height for all structures shall be regulated per underlying zoning districts in Chapter 9 of the city code. (b) Shoreland alterations. Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. 1. Vegetation alteration. Removal or alteration of vegetation is allowed subject to the following standards: a. Intensive vegetation clearing within the shore impact zones and on steep slopes is not allowed. b. In shore impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities provided that: (i) The screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. (ii) The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards and the removal of plants deemed noxious under the Minnesota Noxious Weed Law. 2. Building permit. Grading and filling and excavations necessary for the construction of structures and driveways under validly issued building permits for these facilities do not require the issuance of a separate shoreland grading and filling permit. 3. Conditional use permit. Notwithstanding subdivision 2 above, a conditional use permit will be required for those properties located in the Shoreland Overlay District for: a. Placement, removal or grading of more than 250 cubic yards of earthen material on developed property zoned R-1, R-2A or R-2B. b. Placement, removal or grading of more than 500 cubic yards of earthen material on undeveloped property zoned R-1, R-2A or R-2B. c. Placement, removal or grading of more than 750 cubic yards of earthen material on property zoned R-3, R-4 or LB. d. Placement, removal or grading of more than 1,000 cubic yards of earthen material on property zoned GB, CBD, I-1, I-2, MXD, or PO. 4. Land alteration permit. Notwithstanding subdivision 2 above, a land alteration permit will be required for: a. The movement of more than ten cubic yards of material on steep slopes or within shore impact zones. b. The movement of more than 50 cubic yards of material outside of steep slopes and shore impact zones. Formatted: Font: Not Bold 310 Item 15. City of Columbia Heights – Ordinance 1711 Page 177 5. Conditions. The following considerations and conditions must be adhered to during the issuance of building permits, land alteration permits, variances, conditional use permits, and subdivision approvals: a. Grading or filling in any type 2-8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland (This evaluation shall also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watershed district, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers): (i) Sediment and pollutant trapping and retention. (ii) Storage of surface runoff to prevent or reduce flood damage. (iii) Fish and wildlife habitat. (iv) Recreational use. (v) Shoreline or bank stabilization. (vi) Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others. b. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible. c. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible. d. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used. e. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service. f. Fill or excavated material must not be placed in a manner that creates an unstable slope. g. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must create finished slopes of less than 3:1 slope. h. Any alterations below the ordinary high water level of public waters must first be authorized by the Commissioner under M.S. § 103G.245. i. Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties. j. Placement of natural rock rip rap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the rip rap is within ten feet of the ordinary high water level, and the height of the rip rap above the ordinary high water level does not exceed three feet. Must be done in accordance with other state and federal regulations. A permit from the DNR is required. 6. Connections to public waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after written authorization has been obtained from the Minnesota Department of Natural Resources approving the proposed connection to public waters. (c) Stormwater management. The following general and specific standards shall apply: 1. General standards. a. When possible, existing natural drainage-ways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters. b. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. 311 Item 15. City of Columbia Heights – Ordinance 1711 Page 178 c. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and facilities. 2. Specific standards. a. Impervious surface lot coverage shall not exceed 35% of the lot area for all zoning districts with exception of the CBD, Central Business District in which impervious surface lot coverage shall not exceed 90%. These requirements may be amended through the variance process and shall comply with the following standards: (i) All structures, additions or expansions shall meet setback and other requirements of this code. (ii) The lot shall be served with municipal sewer and water. (iii) The lot shall provide for the collection and treatment of stormwater in compliance with Chapter 9 of the city code if determined that the site improvements will result in increased runoff directly entering a public water. All development plans shall require review and approval by the City Engineer and the underlying watershed district. (iv) Measures will be taken for the treatment of stormwater runoff and/or prevention of stormwater from directly entering a public water. The measures may include, but not limited to the following: A. Appurtenances as sedimentation basins, debris basins, desilting basins, or silt traps. B. Installation of debris guards and microsilt basins on store sewer inlets. C. Use where practical, oil skimming devices or sump catch basins. D. Direct drainage away from the lake and into pervious, grassed yards through site grading, use of gutters and down spouts. E. Construction of sidewalks of partially pervious raised materials such as decking, which has natural earth or other pervious material beneath or between the planking. F. Use grading and construction techniques that encourage rapid infiltration, such as sand and gravel under impervious materials with adjacent infiltration swales graded to lead into them. G. Install berms, water bars, or terraces, which temporarily detain water before dispersing it into the pervious area. b. When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that the constructed facilities are designed and installed consistent with the field office technical guide for the local soil and water conservation districts. c. Newly constructed stormwater outfall to public waters must provide for filtering or settling or suspended solids and skimming or surface debris before discharge. 3. Nonconformities. All legally established nonconformities as of the date of this section may continue, but they will be managed according to § 9.105 of this code with the following exceptions: a. Decks are allowed as a conforming use provided all of the following criteria and standards are met: (i) The principal structure existed on the date the structure setbacks were established. (ii) No other reasonable location for the deck exists. (iii) The deck encroachment toward the ordinary high water level maintains a minimum setback in accordance with applicable code sections and a maximum encroachment of ten feet into the Shore Impact Zone. (9) Public nuisance: penalty. (a) Any person who violates any provisions of this district or fails to comply with any of its terms or requirements shall be guilty of a misdemeanor, punishable by a fine of not more than $500 or imprisoned for not more than 90 days, or both, and in addition shall pay all costs of prosecution and expenses involved in the case. Each day the violation continues shall be considered a separate offence. Formatted: Font: Not Bold 312 Item 15. City of Columbia Heights – Ordinance 1711 Page 179 (b) Every obstruction or use placed or maintained in the Shoreland Overlay District in violation of this division is hereby declared to be a public nuisance and creation thereof may be enjoined and the maintenance thereof abated by appointed judicial action. (c) Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent, remedy or remove any violation. (D) Design Overlay District. (1) Purpose. The Design Overlay Districts are established to increase the visual appeal and pedestrian orientation of certain major street corridors within the city, thereby increasing the economic vitality of these corridors, and to support the goals of the comprehensive plan, Energy Action Plan, Safe Streets for All, and the City’s Complete Streets Policy. (2) Establishment. The following Design Overlay Districts are established. (a) Central Avenue Design District. The Central Business District, extending from 37th to 42nd Avenues, includes a number of historic or architecturally interesting buildings, including the Heights Theatre. Most office and storefront buildings meet the sidewalk, while shopping centers and franchise buildings are set back behind parking lots. Architectural styles are diverse, from historic commercial or Mediterranean Revival (the theater) to 20th century modern. Several off-street ramps help to reduce the need for surface parking. Recent streetscape improvements and developments of the Public Safety building as well as the mixed-use City Hall redevelopment project have enhanced the pedestrian character of this district. This district contains numerous neighborhood oriented multi-tenant shopping centers including restaurants, personal and professional services, retail, and multi- family developments. Redevelopment of the City’s Public Safety and City Hall has contributed to the character of this district. (b) 40th Avenue Design District. Fortieth Avenue has its own character, combining housing with institutions such as City Hall John P. Murzyn Hall, smaller commercial businesses including restaurants, multi-tenant buildings with professional and personal services, as well as housing and places of worship. Commercial buildings tend to be single-story, set back 5 to 10 feet from the sidewalk, and have extremely limited parking options that causes some properties to have legal nonconforming status. Housing is predominantly single-family, although additional townhouse and multifamily development is envisioned in the Downtown Master Plan (2000). Future redevelopment and reconfiguration of 40th should take into consideration of the parking needs of the existing businesses and seek opportunities to enhance street parking. (c) Highway Design District. The Highway District extends along Central Avenue from 42nd Avenue north to the City boundary. This segment has a distinctly different character than the CBD: most buildings are set far back from the street behind large parking lots or along frontage roads. Central Avenue is a six-lane highway through most of this area, and the road width and traffic speeds combine to make the area less pedestrian-friendly. The Highway District has issues related to stormwater quality and quantity that are apparent when there is significant or torrential rainfalls. With these conditions in mind for future redevelopment and reconfiguration of Central Avenue, Complete Streets elements shall be implemented when these are feasible and there are identified conflict points, stormwater issues, areas that are “under-lit”, barriers to pedestrian/bicyclist movements, or referenced in guiding documents such as Complete Streets, ADA Transition Plan, and Safe Streets for All. (3) Design guidelines. The city design guidelines shall apply to development within the design districts. The city design guidelines are hereby incorporated into this section by reference in order to: (a) Guide developers or business owners wishing to propose expansions, renovations or new construction of buildings or parking within the design districts; and (c) (b) Assist city officials and staff in reviewing development proposals. (d) Support the implementation of city-wide guiding documents and standards. (4) Applicability of design guidelines. Formatted: Font: (Default) +Body (Calibri), 12 pt Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.34" + Indent at: 0.63" 313 Item 15. City of Columbia Heights – Ordinance 1711 Page 180 (a) Design guidelines shall apply to all nonresidential, mixed-use and/or multi-family buildings, and to the following activities: 1. New construction; 2. Any exterior changes, including repainting, with the exception of replacement or repair of existing materials; 3. Any internal remodeling or expansion activity that increases the overall size of the building by 10% or more; 4. Any development or expansion of parking areas that would result in a lot with more than four parking spaces; and 5. Minor alterations such as repainting, and the installation of new signage on existing buildings may be handled administratively, as determined by the City Planner. (b) The guidelines are intended to be mandatory. It is assumed that the intent of the guidelines shall be met; however, it is understood that there may be ways to achieve the same design objective. The city may permit alternative approaches that in its determination, meet the objective(s) of the guideline(s) equally well. (c) The guidelines shall apply only to the building or site elements being developed or altered. That is, a proposal for changes to a building would be required to meet only those standards that pertain to buildings, while changes to a parking area would be required to meet all standards for parking areas, but not for buildings. The City Planner will make the initial determination as to which standards are applicable. (d) Design review shall be conducted as part of the site plan review process, as specified in § 9.104. Section 10 The following language for Public and Open Space Districts is added and amended as provided in Section 9.115 of the City Code of 2005, is hereby established to read as follows: (A) Purpose. The "P" Public and Open Space District is intended to provide a district which will allow areas of the city to be retained and utilized for, non-local jurisdiction public uses, open space, and provide a "holding" zone for future development to ensure that development will be staged to maintain reasonable economy in public expenditures for public utilities and services. Permitted, conditional, and accessory uses can be found in City Code 9.106 General Development Standards (S) Table of Uses. (B) General provisions. (1) Compliance with applicable regulations. Any use established in a public district after the effective date of this article shall comply with all applicable local, state and federal standards for such uses. (2) Administration. The administration and enforcement of this article shall be in accordance with the provisions of § 9.104, Administration and Enforcement. (3) Nonconformities. Nonconforming uses, structures, lots and signs within a public district shall be subject to the provisions of § 9.105, Nonconformities. (4) Compliance with general development standards. Any use established, expanded or modified in a public district after the effective date of this article shall comply with the applicable provisions of § 9.106, General Provisions, including the Table of Uses defining the allowed uses in the Public and Open Space district.. (5) Compliance with specific development standards. Any use established, expanded or modified in a public district after the effective date of this article that is identified in § 9.107, Specific Development Standards, shall comply with the applicable provisions of that article. (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. Formatted: Font: Not Bold 314 Item 15. City of Columbia Heights – Ordinance 1711 Page 181 (C) Lot dimension, height, and bulk requirements. Lot area, setback, height and lot coverage requirements for uses in the public district shall be as specified in the following table: Public and Open Space Minimum Lot Area All uses None Minimum Lot Width All uses None Building Setbacks Front yard 25 feet Side yard 5 feet Corner side yard 10 feet Rear yard 20% of lot depth Parking Setbacks Front yard 5 feet Side yard 3 feet Corner side yard 3 feet Rear yard 3 feet Maximum Height All structures None Floor Area Ratio 1.0 (D) Public and Open Space District. (1) Permitted uses. Except as specifically limited herein, the following uses are permitted within the P, Public and Open Space District: (a) County, regional and city parks. (b) Playgrounds, athletic fields, recreational areas, and parking areas. (c) Cemeteries. (d) Publicly owned and operated facilities. (e) Essential services. (2) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the P, Public and Open Spaces District, subject to 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) Public or semi-public recreational buildings and neighborhoods or community centers. (b) Non-city governmental and public regulated utility buildings and structures necessary for the health, safety and general welfare of the community. (3) Permitted accessory uses. Except as specifically limited herein, the following accessory uses may be allowed in the P, Public and Open Space District: (a) Operation and storage of such vehicles, equipment and machinery, which are incidental to the permitted or conditional uses allowed in this district. (b) Living quarters for persons employed on the premises. Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough 315 Item 15. City of Columbia Heights – Ordinance 1711 Page 182 (c) Recreational vehicles and equipment. Section 11 This Ordinance shall be in full force and effect 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 316 Item 15. CITY OF COLUMBIA HEIGHTS PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Columbia Heights will conduct a public hearing in the City Council Chambers of City Hall at 3989 Central Avenue NE on Tuesday, February 4, 2025, at 6:00 p.m. The order of business is as follows: A request for a Zoning Text Amendment from the City of Columbia Heights proposing to amend City Code Chapter 9 – Land Use; specifically, 9.101 Purpose, 9.103 Definitions, 9.106 General Development Standards, 9.107 Specific Development Standards, 9.109 Residential Districts, 9.110 Commercial Districts, 9.111 Industrial Districts, 9.113 Planned Unit Development District, 9.114 Overlay Districts, and 9.115 Public and Open Space Districts. Section 9.104 (F) of the Zoning Ordinance requires the Planning Commission to hold a public hearing on the zoning amendment and make findings before submitting a recommendation to City Council. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. For questions and a full description of the zoning amendments being proposed, please contact Andrew Boucher, City Planner, at (763) 706-3673. 317 Item 15. ITEM: Resolution 2025-083 updating the delegation of purchasing to the City Manager. DEPARTMENT: Finance Division BY/DATE: Joseph Kloiber, Finance Director, February 5, 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 X Strong Infrastructure and Public Services _Sustainable BACKGROUND Section 56 of the City Charter assigns all purchasing to the City Manager, subject to approval by the City Council when a purchase or contract exceeds a dollar limit set by City Council resolution. However, the City Charter only delegates the authority to award a purchase or contract to a vendor. It does not delegate the authority to make resources available (a budget) for that purchase. Only the City Council can establish a budget, through its appropriation process. To be both effective and efficient, the dollar limit for the City Manager’s award of contracts and purchases should be based on the City Council’s judgement of the relative tradeoff s between internal controls designed to prevent deviation from the City Council’s objectives before an award has been made, versus internal controls designed to detect deviation from the City Council’s objectives after an award has been made. Limiting contracts awarded by the City Manager to a dollar threshold is an example of a preventive internal control. Project progress reports and reviews of paid bills are examples of detective internal con trols. SUMMARY OF CURRENT STATUS The dollar limit for most purchases awarded by the City Manager is set at $15,000 by Resolution 2003-03. The Consumer Price Index (CPI) has increased 75% since that resolution was adopted. The equivalent limit in 2025 dollars would be approximately $26,000. In addition to this general limit of $15,000; Resolution 2003-03 states that liquor store inventory purchased for resale can be purchased in any amount by the City Manager. Resolution 2003-03 does not explicitly address the City Manager’s authority for any of the following:  Change orders for contracts awarded by the City Council.  Change orders for contracts awarded by the City Manager for which the change order results in cumulatively exceeding the general dollar limit.  Purchases too urgent to wait for the next available City Council meeting. CITY COUNCIL MEETING AGENDA SECTION ITEMS FOR CONSIDERATION MEETING DATE FEBRUARY 10, 2025 318 Item 16. City of Columbia Heights - Council Letter Page 2 STAFF RECOMMENDATION Staff recommend: 1) Updating the general award limit to $25,000. 2) Broadening the category of purchases not limited by dollar amount beyond liquor inventory to include: a) Any physical inventory purchased for resale. b) Utility services to municipal properties. c) Emergency purchases reported to the City Council as soon as practical and affirmed by City Council action at its next available meeting. 3) Adding explicit authority for the City Manager to approve change orders for contracts and purchases awarded by the City Council, and those awarded by the City Manager for which the change order results in cumulatively exceeding the general dollar limit, up to 10% of the original award amount; and that approval by the City Manager of any subsequent further change orders on the same contract requires City Council action to first affirm any prior change order so approved by the City Manager. Staff notes that items 2 and 3 above are modeled after the City’s existing internal administrative policy for purchase orders, which has in practice been applied to Resolution 2003-03 in the absence of specific language on these matters in Resolution 2003-03. RECOMMENDED MOTION(S): MOTION: Move to waive the reading of Resolution 2025-083, there being ample copies available to the public. MOTION: Move to adopt Resolution 2025-083, being a resolution updating the delegation of purchasing to the City Manager ATTACHMENT(S): Proposed Resolution 2025-083 Resolution 2003-03 319 Item 16. RESOLUTION NO. 2025-023 A RESOLUTION UPDATING THE DELEGATION OF PURCHASING TO THE CITY MANAGER WHEREAS, the Columbia Heights City Charter delegates to the City Manager the award of all contracts and purchases to vendors, subject to limits set by City Council resolution; and WHEREAS, the Columbia Heights City Council last set these limits in January of 2003 by Resolution 2003-03; and WHEREAS, the Columbia Heights City Council has determined that efficient administration of the City of Columbia Heights’ purchasing process requires these limits to be updated at this time; and WHEREAS, the Columbia Heights City Charter establishes an additional separate limitation on the delegation of purchasing to the City Manager, whereby any contract or purchase awarded by the City Manager can be funded only by periodic City Council resolutions to appropriate budgets for the given activity: NOW, THEREFORE, in accordance with all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: ORDER OF COUNCIL IT IS HEREBY RESOLVED, that the limitations on the delegation of purchasing to the City Manager referenced in Columbia Heights City Charter Section 56 are set as listed in Attachment A to this resolution, superseding Resolution 2003-03 in its entirety, effective the date this Resolution 2025-023 is passed. Passed this 10th day of February 2025 Offered by: Seconded by: Roll Call: _________________________________ Mayor Amáda Márquez Simula __________________________________ Sara Ion, City Clerk 320 Item 16. RESOLUTION NO. 2025-023 ATTACHMENT A The delegation of all purchasing to the City Manager in Columbia Heights City Charter Section 56 is limited by Columbia Heights City Council Resolution 2025-023 as follows: 1) Unless otherwise provided for below, the award of each original contract or purchase by the City Manager is limited to $25,000 or less. 2) Contracts or purchases awarded by the City Manager for the following goods and services are not subject to a dollar limit: a) Any physical inventory purchased for resale. b) Utility services to municipal properties. c) Emergency purchases reported to the City Council as soon as practical and affirmed by City Council action at its next available meeting. 3) The City Manager may approve change orders for contracts and purchases awarded by the City Council, as well as contracts and purchases awarded by the City Manager for which the change order results in cumulatively exceeding the $25,000 general dollar limit, up to 10% of the original award amount 4) Approval by the City Manager of any subsequent further change orders on the same contract requires City Council action to first affirm any prior change order so approved by the City Manager. 321 Item 16. 322 Item 16.