CCA 12/10/2018 f(in 4
Fridley
CITY COUNCIL MEETING OF DECEMBER 10, 2018
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or
treatment, or employment in its services, programs, or activities because of race, color, creed, religion,
national origin, sex, disability, age, marital status, sexual orientation or status with regard to public
assistance. Upon request, accommodation will be provided to allow individuals with disabilities to
participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need
an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta
Collins at 572-3500. (TTD/572-3534)
CONFERENCE MEETING (5:30 p.m.)
1. MnDOT Presentation on Safety Audit
2. Comprehensive Plan Update
PLEDGE OF ALLEGIANCE.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
1. City Council Meeting of November 26, 2018 1 - 18
OLD BUSINESS:
2. Second Reading of an Ordinance Amending
Chapter 220 of the Fridley City Code Related to
the Residential Rental Property Maintenance
and Licensing Code;
and
Adopt Official Title and Summary Ordinance 19 - 55
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2018 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
3. Resolution Deferring Special Assessment
Payments for the Property Located at
125 Alden Circle N.E. in Regards to 2018
Nuisance Abatement 56 - 57
4. Resolution Designating Precincts and Polling
Locations for the 2019 Election Year 58 - 59
5. Approve Comprehensive Sign Plan for
Gaughan Companies at 8300 University
Avenue (Ward 3) 60 - 63
6. Claims (183128 — 183345) 64 - 88
OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes.
ADOPTION OF AGENDA:
TRUTH-IN-TAXATION PUBLIC HEARING:
7. 2019 City of Fridley Budget 89
OLD BUSINESS:
8. Second Reading of an Ordinance Under
Section 12.06 of the City Charter and
Minnesota Statutes Section 465.035
Regarding Certain Real Estate and
Authorizing the Conveyance Thereof
(Former Fridley Municipal Center) (Ward 1) 90 - 91
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 10, 2018 PAGE 3
OLD BUSINESS (CONTINUED):
9. Second Reading of an Ordinance Amending
Fridley City Code, Chapter 104, Pertaining to
Tree Management;
and
Adopt Official Title and Summary Ordinance 92 - 99
NEW BUSINESS:
10. Resolution Amending Resolution No. 2014-54
and Rescinding Resolution No. 2014-92 which
Approved Interfund Loans Associated with the
Proposed Columbia Arena Redevelopment
Project, Accepting HRA's Repayment of a City
Loan and Authorizing Expenditures 100 - 106
11. Informal Status Report 107
ADJOURN.
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Fridley
FRIDLEY CITY COUNCIL MEETING
OF DECEMBER 10, 2018
7:00 p.m. - City Council Chambers
Attendance Sheet
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CITY COUNCIL MEETING
CITY OF FRIDLEY
NOVEMBER 26,2018
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:03 p.m.
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: Wally Wysopal, City Manager
Scott Hickok, Community Development Director
Cassandra Wolfgram, City Attorney
Dan Tienter, Finance Director/City Treasurer
James Kosluchar, Public Works Director
Pat Wolfe, Rental Manager
Brian Weierke, Director of Public Safety
Rachel Workin, Environmental Planner
Marisa Bayer, Center for Energy and Environment
Yvonne Pfeifer, Xcel Energy
Audrey Nelson, 250 - 61St Avenue NE
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
1. City Council Meeting of November 13,2018.
APPROVED.
NEW BUSINESS:
2. Second Reading of an Ordinance Amending the City Code of the City of Fridley,
Minnesota, by Repealing Chapter 3 Entitled "Personnel" in its Entirety and Adopting a
New Chapter 3 Entitled "Personnel";
and
Adopt Official Title and Summary Ordinance;
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 26,2018 PAGE 2
and
Resolution Providing the Authority to the City Manager to Formulate and Execute
Administrative Policies, Rules and Regulations for Employment and Approving Non-
Union Employee Paid Holiday and Annual Leave Cap.
WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO. 1363
UPON SECOND READING AND ORDERED PUBLICATION.
ADOPTED RESOLUTION NO. 2018-60.
NEW BUSINESS:
3. Approve the City of Fridley Energy Action Plan.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND ADDED TO THE
REGULAR AGENDA.
4. Approve First Amendment to Tower Site Lease Agreement between the City of Fridley
and NCWPCS MPL 31 —Year Sites Tower Holdings LLC.
APPROVED.
5. Claims (ACH PCard 1811; 183029 - 183128)
APPROVED.
ADOPTION OF PROPOSED CONSENT AGENDA:
Councilmember Bolkcom asked that Item No. 3 be removed and added to the regular agenda.
MOTION by Councilmember Barnette to adopt the proposed consent agenda with the removal
of Item No. 3. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM, VISITORS:
No one in the audience spoke.
ADOPTION OF AGENDA:
MOTION by Councilmember Bolkcom to adopt the agenda with the addition of Item No. 3.
Seconded by Councilmember Saefke.
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 26,2018 PAGE 3
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING/NEW BUSINESS:
6. Consider Revising and Adding Language to the Fridley City Code, Chapter 220,
Residential Rental Property Maintenance and Licensing Code;
and
First Reading of an Ordinance Amending Chapter 220 of the Fridley City Code
Related to the Residential Rental Property Maintenance and Licensing Code.
MOTION by Councilmember Bolkcom to waive the reading of the public hearing notice and
open the public hearing. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY, AND THE HEARING WAS OPENED AT 7:07
P.M.
Scott Hickok, Community Development Director, stated they discussed this item at a recent
workshop. Pat Wolfe, Lieutenant Jeff Guest, and police staff have done a very nice job of
pulling this together revision together.
Mr. Hickok stated there was an internal staff review and discussion of Chapter 220 of the
Fridley City Code which is the City's rental housing code. Bridget Nason, an attorney with the
City Attorney's office was also involved. Attorney Nason did a nice job of reviewing and
helping staff with the ordinance, so they are very comfortable with the ordinance before the City
Council tonight.
Mr. Hickok stated preparation of the draft revised ordinance was introduced to Council for
feedback. Chief Weierke did a very nice job of presenting this in a workshop meeting. In that
discussion, Chief Weierke and the City's Community Development Department really worked
together to prepare this.
Mr. Hickok stated summarizing the updated references and language were a very important part
of the ordinance. Updated licensing and application requirements were a part of this, and the
revised process for addressing licensing and management issues was also cleaned up as part of
this amendment process.
Mr. Hickok stated rental licenses are required for rental dwelling units and the language was
touched up. As to "let" the definition is possession or occupancy of a dwelling unit, whether or
not compensation is paid to a person who is not the legal owner of record pursuant to a written or
unwritten lease.
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 26,2018 PAGE 4
Mr. Hickok stated staff made sure that it was clear what the license exemptions were. The
exemptions are: hotels, motels, hospitals, residential care facilities, assisted care facilities,
nursing homes, and single-family homes or duplexes where the owner resides in a portion of it.
Mr. Hickok stated the rental license requirements and process was clearly defined through this
set of amendments. The license rental application is valid for 12 months from the date of
issuance, and requires an inspection and annual fee. It includes the appointment of a designated
agent if the owner does not reside within the 11-county metropolitan area, inclusion of a crime-
free/drug-free lease addendum, and completion by the licensee or manager of the crime-free
rental housing program. It also includes requirements for licensees to address incidents of
illegal, disorderly conduct on the licensed premises.
Mr. Hickok stated as to adverse licensing action, a violation of the terms and conditions of a
rental license may lead to suspension, revocation or conversation to a provisional license process
whereby there would be a mitigation plan to make sure that issue is not something they are
seeing repeated.
Councilmember Bolkcom asked how much time was spent on this ordinance. They know there
are some other cities that have had some questions and comments related to changing their
ordinance. She asked for more background on the ordinance.
Mr. Hickok stated the Community Development Department has been in charge of the rental
inspection program for the last four years. Prior to that, back to 1993, the Fire Department was
in charge of inspections. Pat Wolfe has managed the program for Community Development with
the rental inspections, and they are very pleased with the work that has been done on this
program and the collaboration that has happened by having the Building Department, the Code
Enforcement and Rental Inspections staff together in one department.
Pat Wolfe, Rental Manager, stated in 2017 Chief Brian Weierke brought to their attention that
there were some concerns from citizens about their safety around rental properties. They got
together at the request of Chief Weierke and Scott Hickok to start to review the ordinance and
determine how they could make it better. There was a conduct section in Chapter 220 that
probably had not been used as frequently as it could have been. Chief Weierke wanted to use
that conduct section in Chapter 220. Being a rental inspector since 1986, she saw the need for it
as well. She has never felt unsafe during a rental inspection, but times are changing. It has been
brought to their attention through Lieutenant Guest and other police officers there seems to be a
little bit more crime in the City's rental properties than there has been in the past. Just in the
short time they have worked together with this new group, they are seeing changes really fast.
They are seeing both landlords and tenants responding, and they are starting to look at how they
can make all of them safer--the tenants, landlords, and the community. This process started in
2017. They met as a group which also included staff from the Fire Department, and they
discussed how they could change Chapter 220. It was outdated in many ways. For example,
carbon monoxide detectors were not even addressed in Chapter 220.
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 26,2018 PAGE 5
Ms. Wolfe stated they had to come up with language that applied to different hazards they have
not seen in the past. She could speak to the licensing part and the inspection part, and the Police
Department, whether it be Chief Weierke or Lieutenant Guest, could speak directly to what they
saw was outdated in the conduct section which was more or less the area they covered.
Brian Weierke, Director of Public Safety, stated Ms. Wolfe was absolutely right. They saw a
concern a few years ago and wanted to address it. Really from the Police Department's
standpoint, this was all about a partnership for them. They put more resources into the rental
housing in Fridley. It was really about partnerships where Lieutenant Guest can call most
apartment owners and landlords by their first name and let them know what is happening on their
properties. They can call the Police Department if they need anything. They really want to open
those lines of communication.
Chief Weierke stated they are seeing a decline in rental property issues. They do not have
anything quantitative they can point out. It would take weeks if not months to go through their
reports and figure out which ones are rental, but the conduct is getting better. They are trying to
help the landlords, so if they have somebody who is acting out and causing a lot of problems,
they are communicating and partnering with them. So far they are seeing a great success with
that and give a lot of credit to Pat Wolfe, Lieutenant Guest, and Courtney Miller with making
these changes that really bring them up to 2018. They took a lot of information from other cities
and included it, and they are very proud of this product.
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED
AT 7:21 P.M.
MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt the
ordinance on first reading. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
7. Consider Transferring Property to the Fridley Housing and Redevelopment
Authority to Facilitate the Redevelopment of the Fridley Municipal Center Campus,
Generally Located at 6431 University Avenue N.E. (Ward 1)
and
First Reading of an Ordinance Under Section 12.06 of the City Charter and
Minnesota Statutes Section 465.035 Regarding Certain Real Estate and Authorizing
the Conveyance Thereof.
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 26,2018 PAGE 6
MOTION by Councilmember Barnette to waive the reading of the public hearing notice and
open the public hearing. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS OPENED AT 7:22
P.M.
Scott Hickok, Community Development Director, said this item is to transfer property of the
City of Fridley to the Fridley Housing and Redevelopment Authority. The City's HRA is
currently in exclusive negotiation with Ivy Properties and Amcon to redevelop the City's old
municipal center site. Ivy and Amcon are interested in constructing a 134-unit senior building
for Ebenezer Homes. Ebenezer is the residential arm of Fairview Health Systems. The
municipal center site contains land owned by both the City and the Fridley HRA.
Mr. Hickok stated the HRA is requesting that all of the property be put into the HRA's name to
simplify facilitating the redevelopment. Ivy and Amcon are paying fair market value of
$2.2 million for the property. Demolition and other extraordinary costs incurred by Dunbar
(which is part of Ivy Development) will be credited towards the sale price. The HRA's actual
cost will be deducted, and the remaining funds passed onto the City. The Authority will adopt
the resolution on December 6.
Mr. Hickok stated the deal is structured in a very typical way. There is no indebtedness on the
property. In other words, the City owns it outright through the City and HRA.
Mr. Hickok stated the City owns Lots 6, 8, 9, 10, 11, 12, 13 and Block 1. The HRA owns Lot 7,
15, and 16 of Block 1, Lot 2.
Mr. Hickok stated staff recommends holding the public hearing and adopting the first reading of
the proposed ordinance for the sale and transfer of City property to the Fridley HRA for
redevelopment. If this is approved this evening, the second reading would take place on
December 10.
Councilmember Bolkcom asked how much the demolition costs would be.
Mr. Hickok replied the demolition bids have not come in yet. They have done the soil borings
on the site and taken a look at the building just from an early demolition perspective, but the bids
will tell them what those actual costs are going to be.
Councilmember Bolkcom asked do they think there is any type of hazardous material that will
have to be disposed of. It is $2.2 but the City and the HRA are incurring the cost of demolition,
correct?
Mr. Hickok replied, yes. There is always a little bit of something they find, but they think it is a
relatively clean site. Probably one of the most complicated things they will find on that site is a
post-tension parking deck, and the deconstruction of a post-tension parking deck takes experts.
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 26,2018 PAGE 7
It is not an easy task for them to do. They will have to systematically take it apart in order to
release the tension first in the deck and then demolish after that.
Councilmember Bolkcom asked if this goes through tonight and the second reading is adopted,
when will it be demolished.
Mr. Hickok replied the developer would like to demolish it during the winter months so that
when spring comes they would be ready for development.
Councilmember Barnette asked if construction would begin in the spring or summer.
Mr. Hickok replied they are very anxious to get it started. The earlier the better for them.
MOTION by Councilmember Saefke to close the public hearing. Seconded by Councilmember
Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING WAS CLOSED
AT 7:29 P.M.
MOTION by Councilmember Saefke to waive the reading of the ordinance and adopt the
ordinance on first reading. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
3. Approve the City of Fridley Energy Action Plan.
Rachel Workin, Environmental Planner, said the impetus for this plan came through the City's
involvement in the Green Steps Cities Best Practices Program as well as through the 2040
Comprehensive Plan planning process. During the 2040 Comprehensive Plan planning process,
the Metropolitan Council asked the City to identify ways to increase the City's resiliency. They
also heard numerous comments from the public asking the City what it was doing to reduce its
greenhouse gas emissions and reduce its energy consumption.
Ms. Workin stated apart from the global larger scale question of energy use, reducing energy
consumption is important on a local level because there are significant costs associated with
energy use. Furthermore, reducing energy promotes cleaner air. More energy-efficient buildings
tend to be more comfortable to live and work in, and can be safer because of improved lighting.
Also, energy-efficient buildings have higher resale values. For these reasons, the City thought
this was a really important endeavor to undertake. However, developing an energy action plan is
a very big process. There is a lot of data to look through. There are a lot of different approaches
that could be taken, so they looked for a partnership to help them through this process and found
that through Xcel Energy's Partners in Energy Program.
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 26,2018 PAGE 8
Ms. Workin stated this process is designed to help communities to develop localized
community-specific energy action plans. To start out this program, they developed an Energy
Action team comprised of Fridley staff, residents, businesses, and institutions. While this is not
a public hearing they do have members of the Energy Action team in the audience.
Ms. Workin stated through the Partners in Energy Program, they were guided through a five
workshop planning series to help them develop what the community's energy vision, mission,
and goals would be. The Energy Action team represented really a wide group of opinions and
diverse perspectives from the community, and there was a lot of good discussion that came
through these meetings. The first workshops focused on the City's baseline energy use so they
could best understand what strategies would work best. They found that while the majority of
customers came from the residential sector, the majority of electrical and natural gas
consumption came from the industrial and commercial sectors. Over 80 percent of the energy
consumed in the City of Fridley is consumed within the commercial and industrial properties.
Ms. Workin stated Xcel also broke down for them what the average customer was spending on
natural gas and electricity. They found that while this could vary greatly between different users,
the average Fridley resident pays $771 per year on electricity and $677 per year on gas. This is a
pretty sizable amount people are spending year after year. It is an equity issue. Everyone pays
an energy bill, so the proportion of what lower income residents are spending on energy is much
higher.
Ms. Workin stated commercial and industrial properties on average are spending over $20,000
on electricity per year. This is a real cost that can affect bottom lines and the ability to expand
and hire new workers. If they can help bring those costs down for the City's businesses, they can
help them succeed.
Ms. Workin stated they also looked at what programs Fridley residents and businesses and
institutions were currently participating in. In the residential sector, they found that 9 in 100
premises are currently participating in an Xcel Energy conservation program already. This could
be in having participated in a home energy squad visit or a new construction rebate. The results
of this participation is a .9 percent savings on total energy use as compared to residents who had
not participated in programs. While they do have a fair number of people participating, there is a
lot of room for improvement and getting the word out to get even more people tapped into these
savings.
Ms. Workin stated from the commercial sector, 7 in 50 premises are participating in the
program. They are also seeing here there is a range of programs with untapped opportunities that
they can increase education and awareness related to these programs so their commercial
partners can participate.
Ms. Workin stated they also looked at the way Fridley residents and businesses were interacting
with the renewable energy programs, such as Windsource, which allows residents and businesses
to subscribe to wind-based energy as well as on-site solar energy among other examples. Based
on building permits in 2017, only two Fridley residents and one commercial property installed
solar panels.
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 26,2018 PAGE 9
Ms. Workin stated based on the baseline data they were guided through a series of activities to
help them determine what their energy vision and mission would be. They knew they wanted the
City to be a leader, and they wanted to involve all sectors of the community, and they really
wanted to focus on saving money so Fridley remained an affordable community to live and work
in as well as maintain a high quality of life.
Ms. Workin stated the energy vision that was developed for Fridley was they would continue
leading by example and engaging residents, businesses, and institutions to save money and
reduce greenhouse gas emissions for the benefit of everyone in the community. For the mission,
in order to achieve their community-wide goals, they focused on increasing sustainable reliable
energy in the grid, strengthening energy-efficient practices and participation, and supporting
innovative strategies and technology to achieve their energy vision.
Ms. Workin stated for a community-wide goal they set the benchmark of 5 percent energy
reduction by 2020 compared to business as usual and 20 percent energy reduction by 2030.
They will achieve these goals by focusing on four key areas: residential energy which is
inclusive of homeowners and renters but with a specific focus on under-resourced residents,
businesses and multi-family which includes multi-family apartments of over 5 units, institutions
which include City-owned property as well as worship facilities, medical facilities, and such; and
transportation and electric vehicles. Within each of those categories they weave elements of
renewable energy as well.
Ms. Workin stated their 2020 goals include Fridley residents taking 1,200 additional actions
towards energy conservation and renewable energy. These would take place in forms of the
rebates allowing them to track how they are achieving that goal. That business and multi-family
will achieve 5 percent energy savings by 2020, and institutions 5 percent energy savings. Also,
an outreach campaign to increase awareness of electric vehicles and installing one electric
vehicle charging station at a City-owned building.
Ms. Workin stated by 2030 they set the goal that City residents will reduce energy use by 10
percent as well as a 20 percent reduction for businesses and multi-family and a 15 percent
reduction for institutions.
Ms. Workin stated the key strategies they will use to get there which go into further detail
within the Energy Action Plan are providing informational materials through the City's
communication channels, leveraging existing City relationships and programs, providing
targeted support, and coordinating with the City's building department and development review
committee to integrate information about energy efficiency and renewable energy into the
development process.
Ms. Workin stated they expect this plan will result in a combined energy savings for the City of
over $3 million by 2020. Participating households are expected to save $52 per year on their
energy bill. That combined with the decarbonization of the electric grid, will reduce the
greenhouse gas emission by 30 percent by 2030. As a side benefit, they expect this outreach will
result in new partnerships and active engagement from community members.
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 26, 2018 PAGE 10
Ms. Workin stated following approval of the Energy Action Plan, the Partners in Energy
Program transitions into an 18-month implementation period. During this time, they will receive
support through the Partners in Energy Program with regards to marketing and communications,
data tracking and measurement, program expertise, and project management. They will have
that really technical support that these leaders in energy conservations can provide them, as well
as the ability to actually track what the changes are in the City's electricity consumption and
natural gas consumption.
Ms. Workin stated at this time she would like to welcome any questions they might have about
the City's Energy Action Plan as well as to invite two guests to the podium, Yvonne Pfeifer, the
Community Energy Efficiency Manager with Xcel and Marissa Bayer, the Community Energy
Planner, working with the City from the Center for Energy and Environment.
Mayor Lund asked how did they arrive at a 20 percent reduction at their goals for 2030? Was it
something that was statistically calibrated or just a goal they thought was achievable?
Marisa Bayer, Center for Energy and Environment, stated part of the Partners in Energy
offering is to have a very data-driven and community-driven process, so as part of the planning
workshop they looked at historical baseline energy consumption data. Working with the Energy
Action Plan team members, they modeled out what would be achievable for the City of Fridley
based on historical participation as well as achieving those shorter-term 2020 goals. In one of
their workshops, they did a pretty thorough exercise of are they hitting the mark or should they
go a little more ambitious, and that is where that 20 percent came from. They though 14 percent,
and the group thought they should be a little bit more ambitious and that the City of Fridley and
its community, the residents, and the businesses would be able to shoot for 20 percent.
Mayor Lund stated between now and 2030, another decade, if everybody had every light bulb in
their house changed to an LED bulb which is quite a bit less energy, what would the savings be
there alone?
Yvonne Pfeifer, Xcel Energy, replied that is a difficult one because it is based on usage and
changes in the home.
Mayor Lund stated the reason he brings that point up is because changing bulbs is a pretty easy
thing. He does not know if that even puts a small dent in the equation as far as energy savings.
Ms. Pfeifer replied it does. That is a really good place to start.
Councilmember Saefke stated he knows that LED bulbs cost a little bit more but you save the
money because they last a long time.
Councilmember Bolkcom asked Ms. Workin, after the Plan is approved, what might they start
seeing in the next three to six months?
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 26,2018 PAGE 11
Ms. Workin replied the next step as part of this process they have developed is an
implementation plan that breaks out scheduled activities amongst the 18 months of the
implementation plan by quarter. The residents should expect to see a lot of increased
communication related to energy efficiency which they will be developing in conjunction with
Xcel and the Center for Energy and Environment and the City's own communication department.
They will be looking at a lot of different communication channels to get the word out. They will
also be focusing on outreach at events, such as the environmental fun fair hosted at Springbrook
Nature Center and other events there including a dinner as part of their discovery dinner series
with one of the experts on electric vehicles which will be occurring in February. They will also
be working on integrating information into their development review committee process and
with the building permits and other outreach channels from the City.
Councilmember Saefke asked Ms. Workin if she knew if anyone is going to be installing
charging stations for electric cars.
Ms. Workin replied the City has applied for a grant through the MPCA for an electric vehicle
charging station at the Civic Campus which they are waiting to hear about and, depending on the
outcome, they will continue to apply for other potential funding sources. Xcel Energy is also
piloting some new rate structures and experimenting with that to support electric vehicle users.
She did not know if Ms. Pfeifer could speak to that in any more detail.
Ms. Pfeifer replied, not in any more detail. They have actually filed for the rate. They have not
heard back yet but once they do will be putting more information out there for residents and
businesses.
MOTION by Councilmember Bolkcom to approve the City of Fridley's Energy Action Plan.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS:
8. Resolution Providing for Water, Sewer, Storm Water and Recycling Rate Changes
for 2019.
Dan Tienter, Finance Director/City Treasurer, stated unlike the general fund, the water and
sanitary sewer and storm sewer funds are enterprise funds, meaning they are expenditures and
obligations and are established through user fees and other charges for services. Much like the
general fund, they maintain a minimum six-month operating balance for expenditures including
depreciation of the system. As has been discussed with the utility rates study, ideally these
enterprise funds should support the entire cost of their capital improvement.
Mr. Tienter stated one thing they always like to stress when having this discussion is these rates
are often the subject of external costs and pressures, most notably in the sanitary sewer fund.
The Metropolitan Council of Environmental Services does charge a wastewater transmission and
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 26,2018 PAGE 12
treatment charges. Those charges make up approximately 70 percent of the expenditures of that
particular fund.
Mr. Tienter stated to support these costs and maintain stable fund balances, they review and
consider changes to the rate structure annually. In addition, they regularly commission third-
party reviews of the system. The City did review the water and sanitary sewer funds with the
City's financial advisor, Ehlers; and they did provide several modifications to the City's rate and
fee structures. Generally those modifications were designed to accomplish two principal goals.
First, to provide stable and predictable modifications in the rates and fee structure over time and
second, to maintain appropriate balances and limit the need for additional debt or borrowing to
support capital expenditures.
Mr. Tienter stated with that history in mind he will walk through each fund generally. Earlier
this year, Council had a conference meeting and reviewed the water and sewer funds in greater
details. Through that analysis, they determined the water utility fund was not meeting revenue
projections. They were coming up short based on the Ehlers' study by about $100,000. They do
know the fund continues to rely on the use of bond proceeds to fund certain projects and they
are planning on issuing water utility revenue bonds next year to support certain water-related
projects.
Mr. Tienter stated they have found the current usage and revenue patterns are equitable, and
that has been consistent with the philosophy that was established by Council. They will recall
that one of the main tenants of the Ehlers study was to assure that water usage and water revenue
were aligned by class.
Mr. Tienter stated the resolution before the Council does recommend an increase in the water
volume rates between 3 and 6 percent, depending on the user class; and there is an attachment
included with the Council's memorandum outlining the various changes. That is designed to
offset that loss of revenue. They are also recommending an increase in the quarterly base fee of
$2 and $5, depending on user class; and that is outlined in the chart attached to the
memorandum.
Mr. Tienter stated they are planning on significant expenditures for 2019. They do have a water
treatment plant and then also some distribution system projects, and they are planning to issue
bond proceeds. They need to look at the cash balances for the fund. It is always important to
call out those uses of bond proceeds. The City is supporting its long-term expenditures right
now.
Mr. Tienter stated moving into the sanitary sewer utility fund, based on the analysis the City has
done to date, they are anticipating that fund to exceed its revenue projections although at this
point in time they are still anticipating the use of bond proceeds to support ordinary capital
expenditures. It is always important to understand what the Metropolitan Council environmental
service charges are for the upcoming year. They do make up about 70 percent of the
expenditures for this fund, and they have been advised by the Metropolitan Council that those
charges will be increasing by 9.2 percent for next year. They are also planning 4 percent
12
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 26,2018 PAGE 13
increases in the out year. Any changes in those rates does cause them to review very carefully
the sanitary sewer charges.
Mr. Tienter stated to maintain the viability of the fund and limit the future need for borrowing,
they are recommending the City Council increase the sanitary sewer volume rate by 4.4 percent.
However, in recognition of the fact the fund is currently exceeding its revenue projections, they
are recommending the Council not increase the base fees for either the residential or multi-family
units, meaning 3 units or less. For the larger multi-family units and commercial/industrial, they
are recommending an increase in the base fees. Similar to the water utility they can see with the
sanitary sewer fund they have had more success over time increasing the cash balances to
support ongoing operations and capital expenditures, but in 2019 they still are assuming the use
of bond proceeds. Much of that uptick for 2019 is the result of the City borrowing.
Mr. Tienter stated what they have here is a gallon use, 12,000, which they kind of categorize as
the City's medium user. Right now the change would be about 3.2 percent across both of the
water and sewer utility funds. It is important to mention they run this scenario for a variety of
types of users and the changes from a low volume user would be about 2.96 percent compared to
the City's highest commercial/industrial user which would be about 5 percent. Again, the range
is a 3 to 5 percent increase but since they are holding those base fees flat for this year. The
lower users do experience a lower increase than the rest of the user classes.
Mr. Tienter stated in addition to water and sewer they also operate a storm water utility. Based
on the analysis they have done, the storm water is meeting storm water projections; and the City
actually contributes fund balance for future needs. So this fund is self-sustaining. It is
something of a model for the other two funds. They do not foresee any need for additional
borrowing for any activities planned through 2023.
Mr. Tienter stated based on those anticipated expenditures and to maintain the self-
sustainability of this fund, they are still recommending an increase in the storm water utility fee
of 3.5 percent which does work out to be about 32 cents per residential lot.
Mr. Tienter stated much similar to the previous enterprise funds, the cash balances are
increasing and will give the City the opportunity to fund major capital improvements with cash
as opposed to issuing debt.
Mr. Tienter stated annually the City participates in a review of storm water and water funds, and
they provide the City with the survey results. He presented a chart showing a comparison of
metropolitan municipalities. The City ranks 17th out of the 30 participating municipalities.
Fridley's water, sewer, and storm water rates aggregated are competitive with the surrounding
metropolitan area.
Mr. Tienter stated as to the solid waste abatement fund (also known as the recycling fund),
based on their review and the commodity values of certain recycling materials, they are
anticipating a need for additional revenue to support the current service levels. It is important to
stress in this particular area the costs that are being incurred are beyond the control of the City.
This really has much more to do with the commodity markets as it relates to recyclable materials.
13
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 26,2018 PAGE 14
They are recommending an increase in the solid waste abatement fee by 10 percent or about 82
cents per quarter. One thing to stress here is the recycling contract makes up about 83-84 percent
of the expenditures for this fund so any shifts in those costs causes them to take a long hard look
at the rates that are being charged.
Mr. Tienter stated again the recycling fund has been relatively stable over time, and the City is
maintaining its cash balances and they are anticipating that increase to support the additional
costs of the recycling services contract.
Mr. Tienter stated assuming the City Council supports these recommended modifications, staff
does recommend they adopt the resolution and also, assuming approval, these rates would be
effective for the first billing cycle of 2019.
Mayor Lund stated during the conference meeting they did express some concern over the ever
increasing water and sewer rates, but they also understand there is really not much in the way of
alternatives. Also, they do need to keep up the fund balances to include payment of a $3.8
million project they have for the upcoming season. They do not have $3.8 million sitting there in
reserves and are, therefore, borrowing the money. He has even made comments about his own
water bill as of late but inevitably his choices are not any better. They all need it and it is a very
necessary service. He asked if anyone in the room was interested in making a comment.
Audrey Nelson, 250 61st Avenue NE, said she was at the town hall meeting and at that time she
and others brought up the fact that those who are in a one-person household and only using 4,000
gallons in a whole billing period, they get socked with the $50 sewer charge, when they are using
so much less than everybody else and are being penalized. At that time during the town hall
meeting, the City said they would take that under advisement. She asked if they had.
Mayor Lund replied, they have to recall just the user fee. He understands where Ms. Nelson is
coming from. She is a small user and why does she not get a little better break. However, that
model has proved to be so unstable. They need to have a basis of income to support the water
and sewer because the infrastructure is expensive and here in Fridley it is aging considerably.
They cannot make it on usage and it fluctuates so much. The City of Fridley residents and
businesses collectively are using 22 percent less water over the last six years. Great that they are
all conserving but, on the other hand, they are not getting enough income because of the
reduction in water sold. They find it very unstable and have gone to a higher base rate. Yes,
there are small users but the basis is there for everybody. They still get a benefit because they
are not using as much water so their bill is ultimately lower. However, the base rate has gone up
considerably.
Mayor Lund stated as Ms. Nelson can see from the charts, the City does not have a lot of
control especially over the sewer rates. They do not have control over three-quarters of that;
over 70 percent of that goes elsewhere. He is not criticizing the Met Council because the
alternative would be a lot more expensive. The rates are going up considerably with the Met
Council. He asked how much.
14
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 26, 2018 PAGE 15
Mr. Tienter replied, Met Council has advised the City they are going to increase their fees by
9.2 percent for fiscal year beginning 2019.
Mayor Lund stated and the City has no control over that.
Ms. Nelson stated and she understands that. She is coming from her own personal perspective
that she thinks the $50 base charge for sewer gives her, what, 12,000 gallons.
Mayor Lund stated he did not remember, was it 8,000 or 12,000?
Mr. Tienter stated, it is 8,000.
Ms. Nelson stated it is 8,000 and she is not. She is using the same amount of water. That is
what she does not understand. If you have to do that, then how come the City cannot offer those
who are low income some type of discount or proof or something like that?
Mayor Lund stated he does not know that they would lower the base for those who are low
water users. They would have to look at just dropping the thousands of gallons used or create
another level for the 4,000 gallon. There is not a lot of them. He wished he was in that bracket.
His water bill last quarter was over$500 and there are two people in his house.
Ms. Nelson stated there are people who conserve and they are being punished by not using the
maximum.
Councilmember Bolkcom stated she looks at her gas and electric bill and there is a base rate,
too. They still have to maintain all the City's wells and any well project they have is expensive.
They are an older city. They have fewer stations, and they all have to be maintained whether you
are running water down them all the time or not. No matter what the City's rates would be, if the
base rate was changed to $45, if you did 2,000 vs. 4,000, there still has to be some base rate
because the City still has to maintain that infrastructure and it is huge. It is how many miles of
sewer and lift stations they have. It is incredible. They hear it from the people who go away in
the wintertime, too. Well, while they are gone the sewer still has to be there and they have to
have the lift stations and water running through. It is a difficult cycle and they are trying to be as
conservative as they can.
Ms. Nelson replied, it comes to affordability for a lot of them. She is not just talking about
herself. There are other people in the community to. It is affordability and $10 can make a big
difference when you starting adding that up.
Councilmember Bolkcom stated but do they give Ms. Nelson such a reduced rate that people
who are on the next level pay more? She is trying to get her head around it, too.
Ms. Nelson replied, she does not have any suggestions. She is just letting them know what her
concerns are and how this affects her.
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 26,2018 PAGE 16
James Kosluchar, Public Works Director, stated the Mayor points out a lot of this is due to
conservation reduction usage over the past years and that creates a shift in the cost
apportionment whether the Council addresses it with changing the rate structure or kind of
modernizing the rate structure or not. They will have folks who save in one instance and others
who bear the expense in another instance just because of reduction in use in different rate
classes. The Council has taken the step to try and make the rates more sustainable by increasing
the base fee on sewer specifically, where sewer does not rely on metered quantities. The theory
is it is available to every resident and business in the community whether you use it or not. The
pipe is there and is ready to carry what you send its way.
Councilmember Bolkcom asked, and those rates are based on winter water usage also, correct.
Mr. Kosluchar replied, that is correct. Whether you occupy your home or not the sewer is
available to you. That is part of the philosophy of shifting toward a little more of the base fee
with the sanitary sewer vs. the water still being pushed in the direction of consumption. Also,
Mr. Tienter's presentation outlines the fact that the base rate is basically being held at zero
increase for next year. They are still new in this rate structure, too. The City does not have a full
year under its belt yet at this point. They are being cautious about adjusting that upwards at this
point but still kind of in evaluation mode for what this structure does.
Wally Wysopal, City Manager, stated they did consider the concerns that were expressed at the
meeting back in the spring and staff did review the analysis that was done by the consultant.
They took those things into consideration and the result may not be the way people wanted it to
be, but they did look at it to make sure, as they promised, that it was doing what it was supposed
to do--that is protect the overall financial health of the system.
Ms. Nelson stated next time they have a big meeting about this remember her.
Councilmember Bolkcom asked Ms. Nelson when she says, big meeting, does she mean the
next time they talk about rate structure?
Ms. Nelson replied, yes.
Councilmember Bolkcom stated she hopes they will have another town meeting here in the
future.
Mayor Lund stated and Ms. Nelson is welcome to join them whenever she wants at Council
meetings. They have discussed this at quite length and did earlier to night also. .
MOTION by Councilmember Saefke to adopt Resolution No. 2018-61. Seconded by
Councilmember Bolkcom.
Councilmember Bolkcom asked staff if they would be looking at this again in six months.
Mr. Tienter replied, they can certainly do the review and analysis at any time. If the Council
would like to see that information again in six months, that is certainly possible. They can
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 26,2018 PAGE 17
discuss it again with Ehlers and get their input. Of course if they involve them, there may be
some additional costs along with that. In any event, the rates are always reviewed on an annual
basis. So there is always an opportunity at least annually to discuss the rates, their changes, the
factors that influence them, etc.
Councilmember Bolkcom asked if it would be beneficial to look at it in six months.
Mr. Tienter replied, yes, it would be beneficial. At this point in time, their analysis has only
been through the first ten months of the rate structure, so they do not have a full year's worth of
billing. Reviewing it after the end of the year or after those billings have gone out would provide
the City with a fuller picture. As discussed during the conference meeting when they reviewed
the information, what they have prepared to date is an extrapolation of that last quarter. Once
they have that actual information it would be beneficial to review it.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
9. Resolution Authorizing the Donation of Real Property to the City of Fridley by
Ralcorp Frozen Bakery Products, Inc., Pursuant to Minnesota Statues §465.03
(Ward 3).
Jim Kosluchar, Public Works Director, stated by and large the City Attorney, Jay Karlovich,
has carried the ball on this and provided the information they see in the packet. The subject
property was required for the City to construct a storm water pond as part of the Oak Glen Creek
pond expansion project that began in 2017. At that time, staff had advised the staff at Ralcorp
(also known as Treehouse Foods) that the City of Fridley would accept a donation of the subject
property if they preferred it over an easement. Part of that was because they were working well
with the City to donate the property so the City could accomplish the project.
Mr. Kosluchar stated Treehouse Foods has since requested the parcel be donated to the City
after staff established the easement last fall. That was a matter of timing really. It would have
been a much longer process to have the property donated. They needed to get the project under
way so the easement was established first.
Mr. Kosluchar stated Treehouse Foods provided the requisite title work for the City Attorney at
their cost, and the City Attorney developed the attached agreement and accompanying resolution
that conveys the property. The resolution also approves execution of an access agreement in
favor of the City of Fridley so it can basically get to the location of the pond.
Mr. Kosluchar stated staff is recommending the City Council pass the resolution authorizing the
donation of real property to the City by Ralcorp Frozen Bakery Products, Inc.; and it is pursuant
to Minn. Stat. § 465.03. If approved, staff will notify Treehouse Foods of the approval and will
have documents fully executed and recorded.
Mayor Lund asked was it to petitioner's advantage to donate it because it takes it off the tax roll
then? Was there some advantage for Ralcorp?
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 26, 2018 PAGE 18
Mr. Kosluchar replied that may be part of their thought process. They are not absolutely sure
about that and what the tax advantage might be for the donation. The one other factor was that
the pond exists, and the City will be maintaining it. From an insurance perspective they do not
have to insure the parcel against a hazard, etc. The City obviously would be doing that
regardless. He thinks from a business standpoint there are a couple of reasons that makes sense.
As far as an appraisal, they had talked about that and the acreage was not appraised to have
substantive value to them.
Mayor Lund asked would they be willing to donate a little more property so the City can
expand the pond? He is not certain it is big enough yet. It could never be big enough for all rain
events.
Mr. Kosluchar replied, the City's rule is to combine it with some additional improvements the
City has in budget for 2019, some lesser improvements that will be able to allow them to bear the
100-year storm without having water inside their building. They are the low property along this
portion of Oak Glen Creek subwatershed and so they do get flooded out first if anybody does.
That is the goal. They will be able to achieve that goal with the pond they have in place, and
then kind of the conveyance improvement they are anticipating next year.
Mayor Lund asked he supposed it is not practical for them to put in a green roof or maybe a
pervious type asphalt system in the parking lot to absorb more water?
Mr. Kosluchar replied, upon retrofit he is sure they would entertain that.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2018-62. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
10. Informal Status Reports: There were no informal status reports.
ADJOURN:
MOTION by Councilmember Barnette, seconded by Councilmember Varichak, to adjourn.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT
8:21 P.M.
Respectfully submitted by,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor
18
iCITY COUNCIL MEETING OF
cmFridley December 10, 2018
To: Walter T. Wysopal, City Manager
From: Scott Hickok Community Development Director
Brian Weierke Public Safety Director
Patricia Wolfe Rental Division Manager
Jeff Guest Lieutenant Fridley Police Department
Date: November 30, 2018
Re: Second Reading of an Ordinance Amending Fridley City Code for Chapter 220
Entitled Residential Rental Property Maintenance and Licensing Code.
BACKGROUND
A text amendment has been proposed for Chapter 220 of the Residential Rental Property
Maintenance and Licensing Code. The text amendment updates, revises and adds language to the
existing code previously written in 1993. The existing version is still used, with the majority of the
ordinance staying in effect.
In 2017, a Rental Housing Initiative was created by Community Development Director Scott
Hickok and Director of Public Safety, Brian Weierke. The group included staff from Community
Development, Police and Fire Departments. Throughout 2017 and 2018 the three departments have
spent time weekly collaborating on rental issues in the City of Fridley. It was determined parts of
the ordinance were outdated. The three departments reviewed and revised Chapter 220 to bring
current code up to date.
Since the 1st reading corrections have been made to the sentence structure for 220.10. 4. A. A typo
was corrected 220.13 11. F. changing the word"statues"to read"statutes". 220.14 1. Changing the
wording "and engage"to read"avoid engaging".
PAST COUNCIL ACTION
At the November 26, 2018 City Council meeting, a public hearing was held for the Text
Amendments to Chapter 220. Public Comment was received. On November 26, 2018, City Council
held the first reading of the ordinance.
STAFF RECOMMENDATIONS
City Staff recommends a motion waiving the second reading and ordering the adoption of the
Ordinance Amending Fridley City Code Chapter 220 Entitled Residential Rental Property
Maintenance and Licensing Code as shown in Attachment 1, and order publication on December
19
10, 2018. If approved, the ordinance will be incorporated into the Fridley City Code, Chapter 220,
Residential Rental Property Maintenance and Licensing Code 15 days following publication.
and
A motion approving the Official Title Summary Ordinance as shown in attachment 2.
20
CITY OF FRIDLEY
ANOKA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 220 OF THE FRIDLEY CITY CODE RELATED TO
THE RESIDENTIAL RENTAL PROPERTY MAINTENANCE AND LICENSING CODE
(Ref. No. 213, 222, 286, 673, 747, 1033, 1213, 1337)
THE CITY OF FRIDLEY DOES ORDAIN:
Section One. Amendment. Chapter 220 of the Fridley City Code is amended as follows.
The underlined text shows the proposed additions to the City Code and the struck out text shows the
deleted wording:
CHAPTER 220. RESIDENTIAL RENTAL PROPERTY MAINTENANCE AND
LICENSING CODE
220.01. TITLE
This Chapter shall be referred to as the "Residential Rental Property Maintenance and Licensing
Code".
220.02. PREAMBLE
The City believes that providing for public health, safety, and welfare to its citizens mandates
the existence of a rental property licensing and maintenance program which corrects
substandard conditions;and maintains a standard for rental property.
220.03. SCOPE
Except as provided herein, Tthis Chapter applies to all buildings which are rented in whole or in
part as a dwelling for persons other than the property owner.'s "family" as defined therein. It
includes accessory-structures such as garages and storage buildings, and appurtenances such as
sidewalks and retaining walls, which are on the lot where the rental property is located. This
26.
220.04. PURPOSE
This Chapter establishes licensing, inspection and maintenance requirements for property rented
. '• rental dwellings.
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1
220.05. DISCRIMINATION AND PRIVATE CONTRACTS
This Ordinance shall be enforced in a non-discriminatory manner and exclusively for the
purposes of promoting public health, safety and welfare. The City neither expressly nor by
implication assumes any obligations or liabilities respecting such private rights or disputes,
including those which involve or arise out of the non-conformity of any premises in the City to
the provisions of this Ordinance. Nothing in this Ordinance precludes a Licensee from entering
into a contract for the maintenance, repair, or management of a rental dwelling; in such cases,
however, Licensee will still be held responsible to ensure the condition of the property
conforms with this Chapter.
220.06. DEFINITIONS
For the purpose of this Chapter, certain terms and words are defined. Words not specifically
defined in this Chapter shall have their ordinary meanings within the context with which they
are used. The referenced dictionary of the governing Building Code shall be considered as
providing ordinarily accepted meanings.
Whenever the words "Dwellings", "Dwelling Unit", "Building", "Structure", or "Premises" are
used in this Chapter, they shall be construed as though they were followed by the words, "or
any part thereof'.
The following words, terms, and phrases and their derivatives shall be construed as defined in
this section; words used in the singular include the plural and the singular; words used in the
masculine gender include the feminine and vice versa.
1. Accessory Building Structure or Use.
A subordinate building or use which is located on the same lot as principal building or use and
is necessary or incidental to the conduct of the principal building or use.
2. Approved.
Approved as to construction, installation, and maintenance in accordance with all applicable
codes and state statutes.
3. Basement.
That portion of a building between floor and ceiling which is partly below grade, but so located
that the vertical distance from grade to floor below is more than the vertical distance from grade
to ceiling.
4. Bedroom.
A habitable room within a dwelling unit which is used, or intended to be used, primarily for the
purpose of sleeping, but shall not include any kitchen or dining area.
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2
5. Building.
Any structure having walls and a roof, built for the shelter or enclosure of persons, animals, or
property of any kind.
6. Clean.
The absence of rubbish, garbage, vermin, and other unsightly, offensive, or extraneous matter.
7. Compliance Official.
The designated authority charged with the administration and enforcement of this code, or
his/her duly authorized representative.
8. Condominium.
A multiple dwellingbuilding containing multiple dwellings in which portions are designated for
separate ownership and the remainder of which is designated for common ownership solely by
I the owners of those portions. A building containing multiple dwellings is not a condominium
unless the undivided interests in the common elements are vested in the unit owners.
9. Dwelling.
A residential building, or portion thereof, but not including hotels, motels, lodging houses,
recreational vehicles, tents, rest homes, convalescent homes, and nursing homes.A building or
one or more portions of a building occupied or intended to be occupied for residential purposes.
10. Dwelling, Multiple.
A residential building, or portion thereof, designed for occupancy by two (2) or more families
living independently of each other.A building or one or more portions of a building occupied or
intended to be occupied for residential purposes by two (2) or more families living
independently of each other.
11. Dwelling, One-Family.
A detached building designed exclusively for occupancy by one (1) family.
12. Dwelling, Two-Family.
A detached building designed exclusively for occupancy by two (2) families living
independently of each other.
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3
13. Dwelling Unit.
A single unit providing complete independent living facilities for one (1) or more persons
including permanent provisions for living, sleeping, eating, cooking, and sanitation.
14. Easily Cleanable.
Readily accessible and of such material and finish, and so fabricated and placed that residue
which may accumulate can be completely removed by normal cleaning methods.
15. Electrical System.
Any and all methods of transmitting electricity to and within any dwelling or dwelling unit.
16. 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 courts, and yards.
17. Extermination.
The control and elimination of insects, rodents, or other pests by eliminating their harborage
places; by removing or making inaccessible materials that may serve as their food; by
poisoning, spraying, fumigating, or trapping, or by any other recognized or legal pest
elimination methods approved.
18. Family.
An individual or two (2) or more persons related by blood, marri.: , : .... ':•, ..
. .. :: -- • - , . . . • . . : : -:• :
A. .. - . . . -. . , • . . . . • . - .
family.An individual or two or more persons related by blood, marriage, or adoption,
including foster children, in a linear relationship such as spouses, grandparents, parents,
children, grandchildren and siblings.
A.B. A group of not more than five (5) persons not related by blood or marriage living
together in a dwelling unit.
exceeds five (5).
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4
19. Floor Area, Gross.
The sum of the gross horizontal area of the several floors of a structure or structures measured
from the exterior faces and exterior walls or from the center line of common walls separating
dwelling units. Basements devoted to storage and/or off-street parking shall not be included.
20. Functioning.
In such physical condition as to safely perform the service or services for which an item is
designed or intended.
21. Governing Building Code.
The applicable edition of the Minnesota State Building Code.
22. Habitable Room.
A room or, enclosed floor space used or intended to be used for living, sleeping, cooking or
eating purposes; excluding bathrooms, water closet compartments, laundries, furnace rooms,
unfinished basements, pantries, utility rooms, foyers, communicating corridors, stairways,
closets, storage spaces, and attics.
23. Heated Water.
Heated water supplied to plumbing fixtures at a temperature of not less than 110 degrees
Fahrenheit.
24. Heating, Ventilating and Air Conditioning Systems.
Any and all units, equipment, material, and miscellaneous devices used in the process of
heating, ventilating, and air conditioning of any dwelling or dwelling unit.
25. Infestation.
The presence within or around a dwelling or dwelling unit of any insect, rodent, vermin or other
pests.
26. International Building Code (I.B.C.).
Shall mean the code published by the International Code Council, Inc., and any materials
referenced therein.
,, Kitchen.
A habitable room within a dwelling unit intended to be used for the cooking of food or the
preparation of meals.
25
5
28. 27. Let, Operate, or Rent.
To permit possession or occupancy of a dwelling or dwelling unit, whether or not compensation
is paid, by a person who is not the legal owner of record thereof, pursuant to a written or
unwritten lease.
27.29.Licensee.
The owner or designated agent or operator of the rental dwelling who is issued a rental dwelling
license for purposes of this Code.The owner of property licensed as a rental dwelling pursuant
to this Chapter.
28,30._Living Room.
A habitable room within a dwelling unit which is intended to be used primarily for general
living purposes.
293I._Lodging House.
Any building or portion thereof containing not more than five (5) guest rooms where rent is
paid in money, goods, labor, or otherwise.
34-32,_Maintenance.
To keep in a good state of repair; to preserve from deterioration.
31. Multiple Occupancy.
32.33. Non-combustible.
Any material or a combination of materials which complies with the current version of the
Minnesota State Building Code, including the most recent adopted version of the International
Building Code and International Residential Code incorporated therein by reference.most recent
edition of the U.B.C.
33. 34. Non-resident Owner.
An owner of a rental dwelling who does not reside or live in the rental dwelling.
31. 35. Nuisance.
A nuisance shall be any act as defined in Chapter 110 of the City Code.
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6
35. 36. Occupancy.
The purpose for which a structure, or part thereof, is used or intended to be used.
36. 37. Occupant.
Any person residing in a dwelling or dwelling unit.
37. Operate.
As used in this Chapter, the term means to charge a fee or other form, of monetary
38. Operator, Manager, Caretaker, or Agent
38. Any person who has charge, care or control of a structure, or part thereof, in which
condominiums exist or rental dwelling units are let.
39. 39. Owner.
Any person, firm, corporation, agent or condominium association who alone, jointly or
severally with others shall be in actual possession of, or have charge, care or control of any
dwelling, dwelling unit or condominium within the City having a legal or equitable interest in
the property or recorded in the official state, county or city records has holding title to the
property or otherwise having control of the property. .
X10. 40. Person.
A natural person, that person's heirs, executors, administrators or assigns, and also a firm,
partnership or corporation, its or their successors or assigns, or the agent of any of the
aforesaid.An individual, corporation, firm, association, company, partnership, organization, or
any other legal entity.
41. Plumbing System.
All of the following supplied facilities and equipment in a dwelling: gas pipes, gas burning
equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closets, sinks,
installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines,
catch basins, vents, and any other similar fixtures and the installation thereof, together with all
connections of water, sewer, or gas lines.
42. Premises.
A platted lot or portion thereof or an unplatted parcel of land and adjacent right-of-way either
occupied or unoccupied by a building and/or accessory structure.
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43. Property.
All land and structures and systems therein, platted lots or parts thereof or an unplatted parcel of
land.
44,44. Proper Connection to an Approved Sewer System.
A functioning sewer connection free from defects, leaks or obstructions with sufficient capacity
to drain all fixtures or appliances which feed into it. The sewer system must be capable of
disposing of sewage in a safe, sanitary, and adequate manner.
/12. 45. Proper Connection to an Approved Water System.
A functioning plumbing connection free from defects, leaks or obstructions providing a potable,
controllable flow of water.
/13. 46. Public Areas.
Those areas which are normally used by or open to the general public, regardless of access
restriction by a locked exterior door.
44. 47. Reasonable Care.
The treatment of all facilities, fixtures, equipment, and structural elements such that
depreciation of these objects and materials is due to their age and normal wear rather than due
to neglect.
/15. 48. Refuse.
Any solid or liquid waste products or those having the character of solids rather than liquids in
that they will not flow readily without additional liquid and which are composed wholly or
partly of such materials as garbage, swill, sweepings, cleanings, trash, rubbish, litter, industrial
solid wastes or domestic solid wastes, organic wastes or residue of animals sold as meat, fruit or
other vegetable or animal matter from kitchens, dining rooms, markets, or food establishments
of any places dealing in or handling meat, fowl, grain or vegetables; offal, animal excrete or the
carcass of animals; tree or shrub trimmings; grass clippings, brick, plaster or other waste matter
resulting from the demolition, alteration or construction of buildings or structures; accumulated
waste materials, cans, containers, tires, junk; or other such substance which may become a
nuisance.
/16. 49. Rental Dwelling or Rental Dwelling Unit.
A dwelling or dwelling unit and accessory structure (if any) let for rent or lease. The term rental
dwelling shall include all dwelling units located within the rental dwelling.
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I 47 50. Repair.
To restore to a sound and acceptable state of operation, serviceability or appearance in the
determination of the City.
I 48, 51. 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.
49, 52. Rodent Harborage.
Any place where rodents live, nest or seek shelter.
I 50. 53. Rodent-Proof.
A condition where a structure or any part thereof is protected from rodent infestation by
eliminating ingress and egress openings such as cracks in walls and holes in screens. For the
purpose of this ordinance, the term "rodent-proof' shall be construed as though it included
"insect-proof' and "vermin-proof'.
I 54 54. Safe.
The condition of being free from danger and hazards which may cause accidents or disease.
I 52. 55. Story.
That portion of a building included between the upper surface of any floor and the upper surface
of the next floor above it; if there is no floor above it, the space between the floor and the
ceiling above it. A basement is a story for the purposes of height regulations if one-half(1/2) or
more of the basement height is above the level of the adjoining ground.
53. 56. Structure.
Anything constructed or erected which requires location on or under the ground or attached to
something having location on or under the ground.
51. Uniform Building Code (U.B.C.).
Shall mean the code published by the International Conference of Building Officials, and any
materials referenced therein.
55. 57. Unsafe.
As applied to a structure, a condition or combination of conditions which are dangerous or
hazardous to persons or property.
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56. 58. Unsanitary.
Conditions which are dangerous or hazardous to the health of persons.
59. Use.
The purpose for which land, a building, or structure is or is to be used or occupied, and shall
include the performance of such activity as defined by the performance standards of this
Chapter.
58. 60. Water Closet.
A toilet, with a bowl and trap made in one piece, which is connected to the City water and
sewer system or other approved water supply and sewer system.
59. 61. Yard.
All ground, lawn, court, walk, driveway, or other open space constituting part of the same
premises and on the same lot with a main building.
220.07. RESPONSIBILITY OF OWNERS
The owner of a dwelling or dwelling unit shall be responsible for the maintenance of that
structure and for meeting the provisions of this Chapter. Those responsibilities may not be
abrogated by a private agreement.
220.08. JOINT RESPONSIBILITIES OF OCCUPANTS AND OWNERS
1. No owner, operator, or occupant of any dwelling unit shall allow the accumulation or
formation of dirt, filth, refuse, or rodent harborages on the premises which he they occupyies or
controls in a manner that could create a health hazard to the dwelling occupants or the general
public.
2. Nuisances: No owner, operator, or occupant of any dwelling unit shall allow the formation
or presence of any nuisances in or about the premises he/she occupies or controls.
3. Conduct on licensed premises: Every owner, operator, or occupant of any dwelling unit
shall conform to the provisions of Section 220.14 of this Chapter.
220.09. REMOVAL OF EQUIPMENT AND DISCONTINUANCE OF BASIC
SERVICES
No owner, operator, or occupant shall cause any service, utility, facility, or equipment which is
required under this Chapter, to be removed from or shut off from any occupied dwelling or
dwelling unit except for such temporary interruptions as may be necessary while actual repairs
or alterations are in process or during temporary emergencies.
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220.10. MINIMUM STANDARDS FOR PRINCIPAL STRUCTURES
1. Minimum Exterior Standards
A. Foundations, exterior walls, and roofs: The foundation, exterior walls, and exterior roof
shall be water tight, rodent proof, and shall be kept in sound condition and repair. Every
window, exterior door, and hatchway shall be substantially tight and shall be kept in
sound condition and repair. The foundation shall adequately support the building at all
points. Exterior walls shall be maintained and kept free from dilapidation by cracks,
tears, or breaks or from deteriorated plaster, stucco, brick, wood, or other material that is
extensive and gives evidence of long neglect. The protective surface on exterior walls of
a building above ground level shall be maintained in good repair so as to provide a
sufficient covering and protection of the structural surface underneath against its
deterioration. Without limiting the generality of this section, a protective surface of a
building shall be deemed to be out of repair if:
(1)The protective surface is paint which is blistered to an extent of more than twenty-
five percent (25%) of the area of any plane or wall or other area including window
trim, cornice members, porch railings, and other such areas;
(2)More than ten percent (10%) of the pointing of any chimney or twenty-five percent
(25%) of the pointing of any brick or stone wall is loose or has fallen out.
(3)More than twenty-five percent (25%) of the finish coat of a stucco wall is worn
through or chipped away.
Any exterior surface or plane required to be repaired under the provisions of this section_
-shall be repaired in its entirety. If a weather resistant surface such as brick, plaster, or
metal is covered with paint that is more than twenty-five percent(25%) blistered, it shall
be repainted unless the defective paint covering is removed in its entirety.
B. Accessory Structure Maintenance
Accessory structures supplied by the owner, operator, or occupant on the premises of a
dwelling shall be structurally sound, and be maintained in good repair and appearance.
Exterior walls, foundations, roofs, and exits of an accessory structures shall be
maintained in accordance with the standards set forth for principal structures.
C. Fence Maintenance
Fences shall be maintained in good condition both in appearance and in structure. Wood
material, other than decay resistant varieties, shall be protected against decay by use of
paint or other preservatives. If twenty-five percent (25%) or more of the painted surface
of a fence is determined by the Compliance Official to be paint blistered, the surface
shall be properly scraped and repainted.
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D. Retaining Walls
Retaining walls shall be kept in good condition, repair, and appearance. A retaining wall
shall be deemed out of repair when it has substantially shifted or slumped out of its
original design position.
E. Yard Cover
All exposed areas surrounding (or within) a principal or accessory use, including street
boulevards which are not devoted to parking, drives, sidewalks, patios, or other such
uses, shall be landscaped with grass, shrubs, trees, or other ornamentaled: landscape
material and shall be maintained to prevent erosion from wind and/or water runoff. Such
landscaping shall be maintained in good condition and free of noxious weeds. Grass and
weeds may not exceed ten(10) inches in height at any time.
F. Gutters and Downspouts
Existing gutters, leaders, and downspouts shall be maintained in good working condition
as to provide proper drainage of storm water. In no case shall storm water be channeled
into the sanitary sewer system. Neither shall storm water, ice, or snow be directed into,
or channeled across walkways or streets where it is likely to be a hazard to life or health.
G. Exterior Lighting
For multiple family dwellings, all exterior parking areas shall be provided with an
average, maintained, horizontal illumination of six-tenths (0.6) foot candles. Parking lot
illumination shall not be directed onto a public street or adjoining property.
H. Snow and Ice Removal
The owner of a dwelling containing two (2) or more dwelling units shall be responsible
for cleaning and maintaining all walks, drives, and parking areas, and keeping steps free
of any ice or any snow accumulations of two or more inches within 24 hours of the
storm's completion.
I. Driving and Parking Areas
The owner of a multiple family dwelling or dwellings shall be responsible for providing
and maintaining in good condition paved and delineated parking areas and driveways for
occupants consistent with the City Code.
J. Facilities for Storage and Disposal of Refuse
Every owner of a residential property shall be responsible for providing and maintaining
facilities for the storage and disposal of refuse and for arranging for the collection of this
material as required by the City Code.
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K. Grading and Drainage.
Every yard, court, or passageway on the premises on which a dwelling stands must be
maintained in a way to prevent the excessive accumulation of standing water which
constitutes a detriment to the health and safety of the occupants or the general public.
2. Minimum Plumbing Standards
I All plumbing systems in every dwelling unit and in all shared or public areas shall be properly
installed and maintained in a sanitary, safe, and functioning condition, and shall be properly
connected to an approved sanitary system.
A. Every fixture, facility, or piece of equipment requiring a sewer connection shall have a
functioning connection, free from defects, leaks, or obstructions, and shall possess
sufficient capacity to drain all other fixtures, facilities, or pieces of equipment which
feed into it. The sewer system must be capable of conveying all sewage into the
municipal sanitary sewer system.
B. Every fixture, facility, or piece of equipment requiring a water connection shall have a
functioning connection, free from defects, leaks, or obstructions. Each water connection
shall possess sufficient capacity to adequately supply all fixtures, facilities, or pieces of
equipment to which connected with an uncontaminated, controllable flow of water.
3. Minimum Electrical Standards: Every dwelling unit and all public and public private areas
shall be supplied with electric service, functioning and safe circuit breakers or fuses, electric
outlets, and electric fixtures which are properly installed and maintained in a safe working
condition. The minimum capacity of such electric service and the minimum number of electric
outlets and fixtures shall be as follows:
A. Dwellings containing one or two dwelling units shall have at least the equivalent of sixty
(60) ampere, electric service per dwelling unit;
B. Dwelling units shall have at least one fifteen (15) ampere branch electric circuit for each
six hundred(600) square feet of dwelling unit floor area;
C. Every habitable room shall have at least one floor or wall-type electric convenience
outlet for each sixty (60) square feet or fraction thereof of total floor area, and in no case
less than two such electric outlets. Temporary wiring, extension cords, or drop cords
shall not be used as permanent wiring. In cases where more than two outlets are
required, one ceiling or wall-type light fixture may be substituted for one required outlet.
Required outlets shall, insofar as possible, be spaced equal distances apart;
D. Every water closet compartment, bathroom, kitchen, laundry room, and furnace room
shall contain at least one supplied ceiling or wall-type electric light fixture and every
bathroom and laundry room shall contain at least one electric convenience outlet;
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E. Every public hall and stairway in every multiple family dwelling shall be adequately
lighted by natural or electric light at all times, so as to provide illumination having an
intensity of not less than one foot candle at floor level to all parts thereof The lights in
the public hall and stairway of dwellings containing not more than two dwelling units
may be controlled by conveniently located switches instead of full-time lighting;
F. A convenient switch for turning on a light in each dwelling unit shall be located near the
principal point of entrance to such unit. A patio door entrance may be exempt if it is not
a principal entrance.
G. If provided, exterior electrical outlets shall be weather proofed. No electrical drop cords,
extension cords, or electrical wires shall extend across a walkway or driveway, or
otherwise create a hazard to pedestrians or vehicles.
4. Minimum Heating Standards
A. All dwellings shall have primary heating facilities which are properly installed and
maintained in a-safe, efficient working condition and which are capable of maintaining a
minimum indoor temperature of not less than 68 degrees F at a point 3 feet above the
floor in all habitable rooms, bathrooms and water closet compartments in every dwelling
unit location therein, during the period from October 15 through April 15, consistent
with the Minnesota Cold Weather Rule..-at an outside temperature of 20 degrees F. at3
36 inches above the floor in all habitable rooms, bathrooms, and water closet
B. Gas or electric appliances designed specifically for cooking or water heating purposes,
and portable heating equipment, shall not be considered primary heating facilities within
the meaning of this section.for the purposes of this Section.
C. No owner or occupant shall install, operate, or use a heater employing a flame that is not
installed and maintained in accordance with the manufacturer's specifications and
applicable City and State Codes.
D. Whenever the occupant lacks direct control over the primary heating facility to his/her
dwelling unit, it shall be the responsibility of the owner to maintain minimum heating
standards as set forth above.
5. Water Heating Standards: Every dwelling unit shall have supplied water heating facilities
which are installed in an approved manner, properly maintained, and which are capable of
heating water to such a temperature as to permit an adequate amount of water to be drawn at
every required kitchen sink, lavatory basin, bathtub, shower, and laundry facilities, or other
similar units at a temperature of not less than one hundred ten degrees (110) Fahrenheit, forty-
six degrees (46) Celsius, at any time needed. Water temperatures shall comply with but not
exceed the standards stipulated in the most recently adopted Minnesota Energy Code.
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6. Minimum Natural Light and Ventilation Standards: Every habitable room shall have
window area of no less than eight percent (8%) of the floor area and at least one window facing
directly outdoors which can be opened easily. At minimum, the total openable window area of
every habitable room shall be four percent (4%) of the floor area of the room, and in no case
less than four (4) square feet. In lieu of natural ventilation, a mechanical ventilating system may
be provided which is capable of providing two air changes per hour, with twenty percent (20%)
of the air supply taken from the outside. Every bathroom and water closet compartment shall
have at least fifty percent (50%) of the openable window requirement otherwise appropriate for
the floor area, except that no windows shall be required if such rooms are equipped with an
exhaust fan connected directly to the outside, capable of providing five (5) air changes per hour.
For the purpose of determining light and ventilation requirements, any room may be considered
as a portion of an adjoining room when one-half of the area of the common wall is open and
unobstructed and provides an opening of not less than one-tenth of the floor area of the interior
room or twenty-five (25) square feet, whichever is greater. Windows shall not be required in
kitchens of dwelling units when such kitchen has an opening of at least twenty (20) square feet
into an adjoining habitable room and when such kitchen is provided with an approved
mechanical ventilation system. In addition, the window area of the adjoining habitable room
referred to above shall be of sufficient size so as to provide for the light and ventilation
requirements of the kitchen area as well as for said adjoining habitable room.
7. Minimum Structural Standards
A. Floors, Interior Walls, and Ceilings: Every floor, interior wall, and ceiling shall be
adequately protected against the passage and harborage of vermin, rodents, and insects.
Every floor shall be free of loose, warped, protruding, or rotted flooring materials and all
floor covering shall be maintained in good condition. Every interior wall and ceiling
shall be free of holes and large cracks, loose plaster, and blistered paint and shall be
maintained in good condition. Lead based paints classified toxic to children shall not be
used on wall or molding surfaces. Every toilet room, bathroom, and kitchen floor
surface shall be easily cleanable and maintained in good condition.
B. Stairways, Porches, and Balconies: Every stairway, inside or outside of a dwelling, and
every porch or balcony, shall be kept in safe condition and sound repair. Every flight of
stairs and every porch and balcony floor shall be free of structural deterioration. Every
stairwell and every flight of stairs which is more than three risers high shall have at least
one handrail approximately thirty to thirty-eight (30-38) inches high, measured
vertically from the nose of the stair tread to the top of the handrail. All unenclosed floor
and roof openings, open and glazed sides of landings and ramps, balconies or porches
which are more than thirty (30) inches above grade or floor below, and roofs used for
other than service of the building shall be protected by a guardrail; guardrails shall be
not less than thirty-six (36) inches in height. Open guardrails and open stair railings on
unenclosed stairways shall have intermediate rails such that a sphere sixfour (64) inches
in diameter cannot pass through. Every handrail and balustrade shall be firmly fastened
and maintained in good condition. A flight of stairs which has settled out of its intended
position, or pulled away from the supporting or adjacent structures enough to cause a
hazard, must be repaired. No flight of stairs shall have rotting, loose or deteriorating
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supports. Excepting spiral and winding stairways, the treads and risers of every flight of
stairs shall be uniform in width and height. Stairways shall be capable of supporting
loads that normal use may cause to be placed thereon. The minimum dimensions that
will be accepted for existing stairways are as follows: rise not to exceed eight (8) inches
in height, run of treads to be not less than nine (9) inches in depth.
C. Windows, Doors, and Screens: Every window, exterior door, and hatchway shall be
substantially tight and shall be kept in sound condition and repair. Every window other
than a fixed window or storm window, shall be capable of being easily opened. Every
window or other device with openings to outdoor space which is used or intended to be
used for ventilation shall be supplied with sixteen (16)-mesh screens. All windows on
basement and first floor levels shall have proper locking devices to prevent opening
from the outside. All doors and door and window frames shall be free of blistered paint
and shall be maintained in good condition. All door and window hardware and locks
shall be functional and be maintained in good condition.
D. Safe Building Elements: Every roof, floor, every porch and balcony, stairway, and every
appurtenance thereto, shall be safe to use and capable of supporting loads that normal
use may cause to be placed thereon.
E. Access to Dwellings: Access to and egress from each dwelling shall be provided by at
least one doorway that is a minimum of thirty-six (36) inches wide and eighty (80)
inches high and otherwise complies with the fire exit provisions of the City's Fire Code.
F. Minimum Ceiling Height: The ceiling height of any habitable room shall be at least
seven (7) feet; except that in any habitable room under a sloping ceiling, at least one-
half of the floor area shall have a ceiling height of at least seven (7) feet, and the floor
area of that part of such a room where the ceiling height is less than five (5) feet shall
not be considered as part of the floor area in computing the total floor area of the room
for the purpose of determining the maximum permissible occupancy.
G. Rooms Below Grade: A room located partly or wholly below grade may be used as a
habitable room of a dwelling unit provided all of the requirements of this Ordinance are
met. If a room below grade is used for sleeping purposes, an emergency escape or egress
must be provided. Acceptable means of egress include:
(1) Escape or rescue window with a minimum net clear openable area of 5.7 square feet.
The minimum net clear openable height dimension shall be 24 inches. The minimum
net clear openable width dimension shall be 20 inches. The finished sill height shall
not exceed 44 inches above the floor.
(2) Exterior-type door or hatch meeting the same minimum requirements as specified in
220.10.07. (G). (I).
H. Door Locks and Security: All doors leading to public or shared areas from all dwelling
units shall be provided with a single cylinder deadbolt lock, which must be openable
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from the interior without the use of a key or tool. Deadbolt, night latch or chain locks
must be mounted at a height not to exceed 48" from the finished floor and minimum of
34" from the finished floor. The deadbolt must be capable of being locked from the
exterior of the unit. Manually operated flush bolts or surface bolts are not permitted.
. .. !-.. .. _ • -.
- . .. • •. • . •• -_
requirements of the most current U.B.C.
8. Minimum Interior Standards
A. Kitchen Facilities: Every kitchen in every dwelling unit shall include the following:
(1) A kitchen sink in good working condition and properly connected to an approved
water supply system. It shall provide at all times an adequate amount of heated and
unheated running water under pressure and be connected to an approved sewer
system.
(2) Cabinets and/or shelves for the storage of eating, drinking, and cooking equipment
and utensils, and of food that does not require refrigeration for safekeeping; and a
counter or table for food preparation. Said cabinets and/or shelves and counter or
table shall be, adequate for the permissible occupancy of the dwelling unit and shall
be of sound construction furnished with surfaces that are easily cleanable and that
will not impart any toxic or deleterious effect to food.
(3) A stove and a refrigerator which are properly installed with all necessary connections
for safe, sanitary, and efficient operation. Provided that such stove, refrigerator, or
similar devices need not be installed when a dwelling unit is not occupied and when
the occupant is expected to provide same on occupancy, in which case sufficient
space and adequate connections for the installation and operation of said stove,
refrigerator, or similar devices must be provided.
B. Toilet Facilities: Within every dwelling unit, there shall be a nonhabitable room with an
entrance door which affords privacy to a person within said room and which room is
equipped with a flush water closet in good working condition. Said flush water closet
shall be equipped with easily cleanable surfaces, shall be connected to an approved
water system that at all times provides an adequate amount of running water under
pressure to cause the water closet to be operated properly, and shall be connected to an
approved sewer system.
C. Lavatory Sink: Within every dwelling unit, there shall be a lavatory sink. Said lavatory
sink may be in the same room as the flush water closet, or if located in another room, the
lavatory sink shall be located in close proximity to the door leading directly into the
room in which said water closet is located. The lavatory sink shall be in good working
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condition and shall be properly connected to an approved water system and shall provide
at all times an adequate amount of heated and unheated running water under pressure,
and shall be connected to an approved sewer system.
D. Bathtub or Shower: Within every dwelling unit, there shall be a nonhabitable room
which affords privacy to a person within said room and which is equipped with a
bathtub or shower in good working condition. Said bathtub or shower may be in the
same room as the flush water closet, or in another room, and shall be properly connected
to an approved water supply system and shall provide at all times an adequate amount of
heated and unheated water under pressure, and shall be connected to an approved sewer
system.
D.E. Every bathroom and water closet compartment shall have at least fifty percent
(50%) of the openable window requirement otherwise appropriate for the floor area,
except that no windows shall be required if such rooms are equipped with an exhaust fan
connected directly to the outside, capable of providing five (5) air changes per hour.
9. Minimum Standards for Pest Extermination
A. All openings in the exterior walls, foundations, basements, ground or first floors, and
roofs shall be rodent-proofed in a manner approved by the Compliance Official.
B. All windows used or intended to be used for ventilation, all other openings, and all
exterior doorways which might provide an entry for rodents and insects, shall be
supplied with adequate screens or such other devices as will effectively prevent the
entrance of rodents and insects into the structure.
C. All sewers, pipes, drains, or conduits and openings around such pipes and conduits shall
be constructed to prevent the ingress or egress of rodents and insects to or from a
building.
D. Interior floors of basements, cellars, and other areas in contact with the soil shall be
rodent-proofed in a manner approved by the Compliance Official.
E. The owner or operator of a dwelling unit shall be responsible for the extermination of
rodents, insects, or other vermin on the premises. Anyone who controls pests in a
structure must have a pest control license. Anyone who uses a restricted use pesticide
must have a pesticide license to apply pesticides, in accordance with the requirements of
the Department of Agriculture. If proper heat treatments are being used to eradicate bed
bugs and the heat treatment is performed by the owner of the property and they are not
using pesticides and are not charging the renter for the treatment, no license is required
by the Department of Agriculture.
10. Minimum Energy Standards
Weatherization Requirements: All dwellings which are renter-=occupied during all or a portion
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of the months of November through April shall comply with the following weatherization
requirements:
A. Install weatherstripping between exterior operable window sash and frames and between
exterior doors and frames. Weatherstripping is not required on storm doors or storm
windows.
B. Caulk, gasket, or otherwise seal accessible exterior joints between foundation and rim
joist; around window and door frames; between wall and roof; between wall panels; at
penetrations for utility services through walls, floors and roofs, and all other openings in
the exterior envelope.
C. Install storm windows on all single glazed exterior window units enclosing conditioned
space.
D. Install storm doors on all exterior door openings into conditioned spaces unless a single
door, enclosed porch, vestibule, or other appurtenance provides a double door effect or
provides an "R" value of two (2) or more.
E. Install positive shut-offs for all fireplaces or fireplace stoves, unless an existing damper
provides a positive shut-off
F. Install insulation in accessible attics to achieve a minimum total "R" value of the
insulation of R-19. If there is insufficient space for the installation of the recommended
"R" value, then the available space shall be insulated to capacity.
G. Install insulation in accessible walls and floors enclosing conditioned spaces to achieve
a minimum total "R" value of the insulation of R-11 when there is no insulation in a
substantial portion of the exterior walls or floors over an unconditioned space.
Accessible walls shall not include above grade foundation walls of basements. If there is
insufficient space for the installation of the recommended "R " value, then the available
space shall be insulated to capacity.
11. Occupancy Standards
Notwithstanding any private agreements between the landlord and occupant providing for more
restrictive occupancy standards, the maximum occupancy standards shall be:
A. No more than one family shall occupy a dwelling unit; and
B. The maximum number of occupants in any rental dwelling unit shall not exceed the total
of two times the number of bedrooms and the living room.
220.11. HAZARDS
The following are considered immediate hazards to the health, safety, and general welfare of the
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occupants of a dwelling unit.
1. Heating systems that are unsafe due to: burned out or rusted out heat exchangers (fire box);
burned out, rusted out, or plugged flues; not being properly vented; being connected with unsafe
gas piping; or failing to meet the minimum heating standards set forth in Section 220.10.04.
2. Water heaters that are unsafe due to: burned out or rusted out beat exchangers (fire box);
burned out, rusted out or plugged flues; not being properly vented; being connected with unsafe
gas piping; or lack of a properly installed and maintained temperature and pressure relief valve.
3. Electrical systems that are unsafe due to: dangerous overloading; damaged or deteriorated
equipment; improperly taped or spliced wiring; exposed uninsulated wires; distribution systems
of extension cords or other temporary methods; or ungrounded systems or appliances.
4. Plumbing systems that are unsanitary due to: sewer backups; leaking waste system fixtures
and traps; lack of water closet; lack of washing and bathing facilities; or cross connections of
potable water supply and sewer lines.
5. Structural systems, walls, windows, chimneys, ceilings, roofs, foundations and floor
systems that will not safety-safely carry imposed loads or provide safe living conditions.
6. Refuse, garbage, human waste, decaying vermin, or other dead animals, or other materials
rendering it unsanitary for human occupancy.
7. Infestation of rodents, insects, vermin, and/or other pests.
8. Missing or non-functioning smoke detectors and carbon monoxide detectors.
9. Using a room or rooms with no proper egress for sleeping.
10. A dwelling unit that is not serviced with functioning utilities.
220.12. FIRE SAFETY
1. Fire Exits.
A. All dwellings shall have required fire exits, maintained in fully operable condition, and
readily accessible to occupant, as per the governing Building Code.
B. All exit stairways in multiple unit dwellings or condominiums having more than two (2)
occupied levels shall be separated from each other by a substantial separation of at least
a one hour fire resistance rating as detailed in the most recent edition of the IU-U.B.C., or
other approved one hours assembly.
C. All multiple unit dwellings or condominiums having more than one two (2) levels and
where the lowest level is at an elevation less than grade and having the exit at grade
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level shall provide a substantial barrier constructed and placed so as to prevent a person
from proceeding down the stairs to a level lower than the level of exit.kBrvrNrl
D. All multiple unit dwellings or condominiums with 25 or more dwelling units shall
provide emergency lighting in the exit ways, corridors, And systems in accordance with
Chapter 5-1021 of the N.F.P.A. Std. 101.
2. Automatic Alarms.
A. All multiple dwellings and condominiums having an excess of four (4) dwelling units
shall provide a manually operated fire alarm system capable of alerting all the occupants
of the structure. Each such alarm system shall be activated by a manual pull station
located at each exit door and by an automatic device located in the utilities and/or room
in which the primary heating system is located. Such device shall be a smoke detector,
detecting products of combustion other than heat, and bearing the approval of the
Underwriters Laboratories or Factory Mutuals Testing Service for such service, or the
International Conference of Building Officials.
B. Every dwelling unit within a dwelling or condominium shall be provided with a smoke
detector, detecting products of combustion other than heat, and conforming to the
requirements of the Underwriters, Laboratories or approved by the International
Conference of Building Officials. When actuated, the detector shall provide an alarm in
the dwelling unit.
3. Fire Protection System.
All fixed and portable fire protection systems and appliances must be accessible and maintained
for immediate emergency use.
4. Prohibiting Inside Connection of External Appliances.
It shall be unlawful for an owner of a residential rental property or condominiumrental dwelling
to allow electrical drop cords, extension cords or any electrical wire to run from any electrical
outlet from inside the dwelling or dwelling unit for service to an electrical appliance outside of
the dwelling or dwelling unit.
220.13. LICENSING
1. License Requirement.
Except as otherwise provided herein, Nno person shall operate, let, or cause to be let, a
rental dwelling or rental dwelling unit without first having obtained a rental license to do so
from the City of Fridley as hereinafter provided. Upon receipt of a properly executed initial
application_-for licensinga rental license, the Compliance Official and/or his/her designated
agent may shall cause an inspection to be made of the premises to determine whether the
structure is in compliance with this chapterOrdinancc, other Fridley ordinances, and the laws
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and rules of the State of Minnesota. Each sur'atingrental license shall be issued annually
and shall expire on the--anniversarytwelve months from the date of issuance. License
renewaiRenewal applications shall be filed at least thirty (30) days prior to the license
expiration date. Every rental dwelling including all rental units may be reinspected after a
renewal license application is filed to determine if the premises still conforms to all applicable
ordinances and codes.
3:2.Conformance_
No operating rental license shall be issued or renewed unless the residential rentalrental
dwelling property or condominium conforms to the provisions of this Chapter, the ordinances
of the City, and the laws, rules and regulations of the State of Minnesota.
4.3.Fees_
The annual license fee for a rental license shall be as provided in Chapter 11 of the City
Code.
A. Any rental inspection which requires three or more inspections or attempts for an
inspection will be assessed an additional inspection fee. This fee will be charged starting
on the third inspection and willte include attempts to inspect and for each subsequent
inspection or attempt. The reinspection fee shall be as provided in Chapter 11 of the City
Code for each reinspection needed after the initial inspection and the second inspection.
No license shall be issued or renewed until all outstanding reinspection fees and fines in
section 220.15, Subd. 3 have been paid, other than those which may be assessed against
the Property. If a : -- '•_ . _ . •' rental dwelling has been licensed, the license
may be denied at the time of renewal or may be revoked or suspended in the manner
described in Section 220.13.017. (Ref Ord 1337)
B. In order to restore a license for a rental dwelling or individual dwelling unit which has
had its license denied at the time of renewal or revoked or suspended, the license
application shall be accompanied by the license fee as provided in Chapter 11 of the
City code. (Ref Ord 1213)
C_A fee as provided in Chapter 11 of the City Code shall be paid when filing the license
Transfer Form as required in Section 220.13.06$. (Ref Ord 1213)
€D. Failure to obtain a rental license prior to letting or operating a rental dwelling or
allowing a rental -license to expire will result in a twenty five percent (25%) addition to
the rental license fee. Continued noncompliance with the licensing requirements may
result in a criminal citation.
5T4.Owner, Agent, or Operator to Apply.Application Requirements and Process.
A. Application Requirements. License application- al-s shall be made by the owner
of record rental units or a legally constituted agent or operator of the property.
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Application forms may be acquired from and subsequently filed with the Compliance
Official within the Community Development Rental Licensing/Inspection Division. The
applicant shall supply the following information as well as all other information
requested on the Rental License application:
(1) Name, address, and telephone number and email address of the dwelling
ownerproperty owner if an individual and if an entity, the same information for at
least one officer, manager, or director of the entity.; partners of a partnership;
-.. . - - .. . . -. The City must be notified in writing within
five (5)ten (10) days of any change of address or other requested information for
the owner.
(2) Name, address, telephone number, and email address of a designated agent or
operator. The City must be notified in writing within five (5)ten (10) days of any
change of address or other requested information for the designated agent or
operator.
(3) Name, address, and telephone number of vendee if dwelling is being purchased
through a contract for deed or mortgage (name of lender or financial institution
holding mortgage). Contract for deed documentation and/or proof of filing in
Anoka County must be provided with the application.
(4) Legal description and address of dwelling.Legal address of the property where the
rental dwelling is located.
(5) Number of units in each rental dwelling and the type of units (one (1) bedroom,
two (2) bedroom, etc.) within each of the rental dwellings.
(6) The number of paved off-street parking spaces available (e.g. enclosed parking
spaces, exterior parking spaces, and handicap parking spaces).
(7) Description of procedure through which tenant inquires and complaints are to be
processed.
(7)(8) Each owner of a rental dwelling within the city, when the owner does not
reside within the eleven-county metro area compromising of Anoka, Carver,
Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington and
Wright counties, must appoint a designated agent residing within the eleven-
county area. The designated agent must be listed on the application and
empowered by the property owner to perform maintenance and upkeep and
empowered to institute emergency repairs for the rental dwelling. The
Compliance Official shall be notified in writing within ten (10) business days of
any change in the designated agent.
B. Inspection Required. Licensed rental dwellings are at all times subject to the
Compliance Official's right to inspect the rental dwelling and dwelling units to
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determine whether they are in compliance with the City Code and State law. The
Inspection Department shall set up a schedule of periodic inspections to ensure City-
wide compliance with this Chapter. The Compliance Official shall provide reasonable
notice to the owner or operator as to the date and time of the inspection. Every occupant
of a dwelling unit,shall give the owner or operator thereof, or his/her agent or employee,
access to any part of such dwelling unit, or its premises, at reasonable times for the
purpose of effecting inspection, maintenance, repairs, or alterations as are necessary to
comply with the provisions of this Ordinance. If any owner, operator, occupant, or other
person in charge of a dwelling or dwelling unit fails or refuses to permit free access -and
entry to the structure or premises under his/her control for an inspection pursuant to this
Chapter, the Compliance Official may seek a court order authorizing such inspection.
The submission of a Rental License Application or the possession of a Rental License
issued by the City shall constitute agreement to such inspections by the Owner identified
on the rental license.
6. Agents for Emergency Repairs Required.
unless such owner designates in writing to the Compliance Official the name of his/her resident
Official shall be notified in writing of any change of resident agent.
7. Inspection.
compliance with this Chapter. The Compliance Official shall provide reasonable notice to the
owner or operator as to the date and time of the inspection. Every occupant of a dwelling unit.
dwelling unit, or its premises, at reasonable times for the purpose of effecting inspection,
Ordinance. If any owner, operator, occupant, or other person in charge of a dwelling or dwelling
order authorizing such inspection.
&-: .__Posting of License.
Every license of a multiple dwellingLicensees shall cause a copy of the Rental License for the
rental dwelling to be conspicuously posted in a frame with transparent protective covering in the
main entry way of the rental dwelling or other conspicuous location therein, the current license
for the respective multiple dwelling.
9,6. License Transferability.
No operating license shall be transferable to another person or to another rental dwelling without
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-• -- - -- . - - . . -• -- - - '. . .
license transfer form and the transfer fee shall result in the termination of the rental
license.Rental licenses may be transferred upon completion of a License Transfer Application,
payment of the License Transfer fee, and written approval by the Compliance Official.
7. License Suspension,-or-Revocation, or Conversion to Provisional License.
4-0: The City Council may revoke, suspend, convert to a provisional license, -deny, or decline to
renew any Rental License applied for or issued under this Chapter as detailed here.
A. Notification. ' . . -- - -, - • • - - - •
agent) and all occupants of units potentially subject to suspension or revocation, shall
days prior to a h-aring on the matter.The Compliance Officer shall send written
notice to the Ownerlicensee of the date and time of a hearing before the City Council
regarding any license application or any potential revocation, Of ssuspension, or
conversion to a provisional license of a license. Such notice shall be sent to the
Owner's and/or Agent's address on file with the City and shall be sent not less than
twenty (20) days from the date of any license-related hearing.
B. Hearing. A hearing shall be held before the Council or a hearing examiner appointed
by the Council. Upon violation of any of the terms and conditions of a rental license,
the City Council may hold a license hearing for consideration of the suspension,
revocation, or conversion to a provisional license. The hearing shall be conducted to
meet the licensee and occupant's due process rights, including:At any such hearing,
the licensee shall be provided with due process, including:
(1) Allowing interested parties the right of legal representation, the right to present
evidence, witnesses, and to cross-examine all adverse witnesses, and
(2) Making a complete record of all proceedings, including findings of fact and
conclusions of law.
C. Suspension,-er Revocation, or Conversion to Provisional License. Every operating
licenscRental License issued under the provisions of this ordinance Chapter is
subject to suspension or revocation, or conversion to a provisional license for the
entire rental dwelling or for individual rental dwelling units, by the City Council,
should the licensee fail to operate or maintain the licensed rental dwellings) and
dwelling units therein consistent in compliance with the provisions of this Chapter,
all applicable ordinances of the City, and the laws and regulations of the State of
Minnesota.
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D. An operatingA Rental 1License may also be suspended, denied, converted to a
provisional license, not renewed,or revoked for any of the following reasons:
(1) The license was procured by misrepresentation of material facts, by fraud, by
deceit, or by bad faith.
(2) The applicant or one acting ion his/her behalf made oral or written
misstatements or misrepresentations off material facts in or accompanying the
application.
(3) The licensee or applicant has failed to comply with any condition set forth in
any other permits granted by the City of Fridley.
(4) The activities of the licensee in the licensed activity create or have created a
serious danger to the public health, safety, or welfare.
permits conditions that injure, annoy, or endanger the safety, health, morals,
comfort, or repose of any member of the public.
(5) The Rental Dwelling, the building of which such dwelling is a part, or any
portion thereof, contains conditions that might injury or endanger the safety,
health or welfare of any member of the public.
(6) Failure to continuously comply with any condition required of the applicant
for the approval or maintenance of the Rental License.
(7) Failure to include the crime free/drug free lease addendum in all leases as
required by this Chapter.
( (8) A violation of any other term and condition of the Rental License or of this
Chapter.
E. Effect of Suspension or Revocation. In the event that an-eperatnnga Rental 1License is
suspended or revoked by the City Council for any violation under the provisions of
Chapter 220under Sections 220.7 to 220.12, it shall be unlawful for the owner or his/her
duly authorized agent to thereafter permit any new occupancies of vacant, or thereafter
vacated rental units, until such time as a valid operating license is restored to the
affected units. Issuance of a new license after suspension or revocation shall be made in
the mariner provided for obtaining an initial license.
F. Terms of Provisional License. At the time of approval of the provisional license, the
City Council shall approve a mitigation plan to address and prevent future license
violations. The mitigation plan may include adding security measures, improving the
exterior of the property, reducing or changing the hours of operation, holding
neighborhood meetings, or other steps the Council deems appropriate.
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4 8. Posted to Prevent Occupancy.
Whenever any dwelling or individual dwelling unit has been denied a license, has had its
operating license suspended or revoked pursuant to Section 220.143, or is unfit for human
habitation, it shall be posted with a placard by the Compliance Official to prevent further
occupancy. No person, other than the Compliance Official or his/her representative, shall
remove or tamper with any placard used for posting. The Compliance Official will post on the
placard the date that the vacancy shall become effective. On or after the placard vacancy date,
no person shall reside in, occupy, or cause to be occupied any dwelling or dwelling unit which
has been posted to prevent occupancy.
1-2.,9 Failure to Obtain License.
If it is determined that a rental dwelling unit or rental dwelling unit is being operated without a
valid license, an immediate inspection shall be conducted. It shall be unlawful for an owner,
designated agent or operator, after notice sent first class mail, to continue operation of a rental
dwelling unit without submitting an application for a license under this Chapter, along with the
necessary license fee. Once an application has been made, it shall be unlawful for the owner, or
his/her duly authorized agent, to permit any new occupancies of vacant, or thereafter vacated
rental units until such time as the license is issued.
13,10.Issuance of Rental License.
If the rental dwelling is in compliance with all applicable ordinances of the City and the laws
and regulations of the State of Minnesota, a license shall be issued to the present owner or
his/her designated agent. If the City finds that the circumstances of the occupancy following the
issuance of the license involve possible Code violations, substandard maintenance, or abnormal
wear and tear, the City may reinspect the premises during the licensing period.
11. Additional License Conditions.
A.Licensees must, as a continuing obligation of a license, maintain a current register of
tenants and other person(s) who have lawful right to occupancy of rental properties. In its
application, the licensee must designate the person(s) who will have possession of the
register and must promptly notify the City of any change of the identity, address or
telephone number of such person(s). The register must be made available for inspection by
the City at all times.
B.Licensees are responsible for the acts or omissions of their managers and operators.
C.The Licensee or Manager is required to complete one educational course of the Crime-
Free-Rental Housing Program, or similar course, as approved by the City Manager. The
certification must be complete within one (1) year of initial license issuance and repeated
once every five (5) years. Program attendees will be required to pay a participation fee in
an amount determined to cover the direct cost of the program.
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D. The Licensee or Manager must provide all tenants with a written lease which
must include the City approved crime free rental housing addendum. The lease and
addendum must be made available for review by the City Manager or their designee upon
request.
E. All Licensee or Managers must complete a criminal background check on all occupants
of a dwelling and provide proof of completion of said background check at the request of
the City Manager or their designee.
F. Licensees shall comply with state statutes regarding completion of background checks on
managers, caretakers or agents.
124. Exemptions.
No rental license is required for the following:
A. Hotels
B. Motels
C. Hospitals
D. State-licensed residential care facilities
E. Assisted living facilities
F. Nursing homes
G. Single-family homes or duplexes in which the owner resides within a portion of
the single family home or duplex, and if the building is a duplex, only that portion of
the building in which the owner resides is exempt. The other portion of the duplex
requires a rental license.
220.14. CONDUCT ON LICENSED PREMISES
1. It shall be the responsibility of the licensee to take appropriate action following conduct
bysee that residents, guests, or other persons affiliated with the resident occupying a premises
conduct themselves in such a manner and avoid engaging in illegal conduct so as not to cause
the premises to be disorderly. For purposes of this section, a premises is disorderly when illegal
conduct occurs on the premises, including any of the following types of occupant(s) or guests
of the occupant(s) which is in violation of any of the following statutes or ordinances:illegal
conduct in violation of the listed statutes:
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A. Minn. Stat. SS 609.75 through 609.76, which prohibit gambling.
B. Minn. Stat. SS 609.321 through 609.324 which prohibit prostitution and acts relating
thereto;
C. Minn. Stat. SS 152.01 through 152.025, and S 152.027, subds.1 and 2, which prohibit
the unlawful sale or possession of controlled substances;
D. Minn. Stat. S 340A.401,which regulates the unlawful sale of alcoholic beverages;
E. Minn. Stat. S 609.33, which prohibits owning, leasing, operating, managing,
maintaining, or conducting a disorderly house, or inviting or attempting to invite others
to visit or remain in a disorderly house;
F. Minn. Stat. SS 97B.021, 97B.045, 609.66 through 609.67 and 624.712 through 624.716
and Chapter 103 of the City Code, which prohibit the unlawful possession,
transportation, sale or use of weapon; or
G. Minn. Stat. S 609.72, which prohibits disorderly conduct;-.
H. Fridley City Code 124.07, prohibiting public nuisance noises, and Chapter 110 of the
City Code prohibiting public nuisances;.-
I. Minn. Stat. SS 609.221, 609.222, 609.223, 609.2231, and 609.224 regarding assaults in
the first, second, third, fourth, and fifth degree;.-
J. Minn. Stat. SS 609.50 which prohibits interference with police officer;.-
K. Minn. Stat. SS 609.713 which prohibits terroristic threats;:
L. Minn. Stat. SS 609.715 which prohibits presence of unlawful assembly;.-
M. Minn. Stat. SS 609.71 which prohibits riot;:
N. Minn. Stat. SS 609.226 and 347.56, relating to dangerous dogs..-;
0. Minn. Stat. SS 609.78 which prohibits interfering with "911"phone calls;:
P. Minn. Stat. SS 609.229 which prohibits f Gcrime committed for benefit of a gang4;-
Q. Minn. Stat. SS 609.26, subdivision 1(8) which prohibits causing or contributing to a
child being a runaway; }:
R. Minn. Stat. SS 609.903 which prohibits(Rracketeering;)
S. Minn. Stat. SS 617.23 which prohibits(4indecent Bexposure;):
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T. Minn. Stat. SS 609.595 (€which prohibits criminal damage to property)7;
U. Minn. Stat. SS 152.027 subd.4. which prohibits (Uunlawful sale or possession of small
amounts of marijuana;),
V. Minn. Stat. SS 260B.425 which prohibits cGontributing to the delinquency of a child)—.
Incidents where the victim and suspect are "family" or "household" members as defined in the
Domestic Abuse Act, found in Minn. Stat. S 518.01 and there is a report of"Domestic Abuse"
as defined in the Domestic Abuse Act or where the tenant is the victim of an order for
protection violation under Minn. Stat. S 518B.01, subd. 14, shall not be considered "Disorderly
Use" of the premises for purposes of requiring owners to proceed against a tenant who is the
victim in such situations under the Crime Free/Drug Free Lease Addendum.
2. The Public Safety Director or his/her designee shall be responsible for enforcement and
administration of this section.determining when there has been an incident of illegal conduct
that constitutes disorderly use of the licensed premises. -
3. Upon determination by the Public Safety Director or designee that a licensed premises or an
individual dwelling unit was used in a disorderly matter, as described in involved in a violation
e€subsection (1), or otherwise used in violation of the crime free lease addendum, the Public
Safety Director or designee shall notify the licensee of the violation and direct the licensee or a
legally constituted agent or operator to take steps to prevent further violations. Notice may be
personally served on the licensee or legally constituted agent or operator, sent by certified mail
to the licensee and legally constituted agent or operator's last known address, or, if neither
method of service effects notice, by posting on a conspicuous place on the rental unit and
mailing a copy of the notice of the violation by first class mail efthe violation. The notice shall
and direct the licensee to take steps to prevent further violations. A copy of said notice shall be
sent by first class mail to the occupant in violation of subsection (1). The owner shall notify the
tenant or tenants within ten (10) days of the notice of violation of the disorderly use constituting
a violation of the crime free lease addendum, and the owner shall take steps to prevent further
disorderly use violations.
4. Upon a second violation within twelve (12) months of any one previous instance of
disorderly use of a rental dwelling or dwelling unit as described in subsection (1) involving a
guest of or an occupant of a dwelling unit, the notice provided under subsection 3 of this
Sectionnotice of the disorderly use violation shall be sent to the property owner. The notice shall
require the licensee to submit a written report of the actions taken, and proposed to be taken, to
prevent further disorderly use violations on the premises. This written report shall be submitted
to the Public Safety Director or designee within five(5)ten (10) business days of receipt days of
request of such notice aid report and shall detail all actions taken by the licensee in response to
all notices regarding violations ofte subsection (1) within the preceding twelve (12) months_4f
- -- -- .' ' • • . .' -•-- . -• . . . •, If no written report is
received within the required timeframe for response, the rental dwelling license for the
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individual rental unit, rental license for the property or the individual dwelling unit may be
denied, revoked, suspended, not renewed, or not renewedconverted to a provision license. An
action to deny, revoke, suspend, convert to a provisional license, or not renew a license under
this section shall be initiated by the City Council at the request of the Public Safety Director in
the manner described in Section 220.13.079. The owner shall notify the tenant or tenants within
ten (10) days of the notice of violation of the disorderly use constituting a violation of the crime
free lease addendum, and the owner shall take steps to prevent further disorderly use violations.
5. If a third or subsequent violation of subsection (1) involving aresidents, guests, or other
persons affiliated with the resident occupying an individual dwelling unit, of or an occupant of a
dwelling unit occurs within twelve (12) months after the first of atwo (2) previous instances
for which notices (pursuant to this section) were sent to the licensee_ -_ _ • .
• - . • , • • . • • • • •• • .• • . . •' , the rental license may be
denied, revoked, suspended, converted to a provisional license or not renewed. An action to
deny, revoke, suspend, convert to a provisional license, or not renew a license under this section
shall be initiated by the City Council at the request of the Public Safety Director in the manner
described in Section 220.13.097.
6. No adverse license action shall be imposed if the violation ate subsection (1) occurred
during the pendency of eviction proceedings (unlawful detainer) or within thirty (30) days of
notice given by the licensee to an occupant to vacate the premises, where the violation was
related to conduct by that occupant, other occupants, or the occupant's guests. Eviction
proceedings shall not be a bar to adverse license action, however, unless they are diligently
pursued by the licensee. Further, an action to deny, revoke, suspend, convert to a provisional
license, or not renew a license based upon violations of this section may be postponed or
discontinued at any time if it appears that the licensee has taken appropriate measurersmeasures
which will prevent further violations to subsection (1).disorderly use of the premises. The
owner shall notify the tenant or tenants within ten (10) days of the notice of violation of the
disorderly use constituting a violation of the crime free lease addendum, and the owner shall
take steps to prevent further disorderly use violations.
7. A determination that the licensed premises or dwelling unit has been used in violation of
subsection (1) shall be made upon substantial evidence a preponderance of the evidence to
support such a determination. It shall not be necessary that criminal charges be brought to
support a determination of violation to subsection (1), nor shall the fact of dismissal or acquittal
of criminal charges operate as a bar to adverse license action under this section.
220.15. COMPLIANCE
1. The City Manager shall designate the Compliance Official to administer and to enforce the
provisions of this Chapter. The Compliance Official is hereby authorized to cause inspections
on a scheduled basis and/or when reason exists to believe that a violation of this Chapter has
been or is being committed.
2. Whenever the city determines that any dwelling or dwelling unit fails to meet the provisions
of Section 220.07 through 220.142 of this Chapter, the city may issue a compliance order
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setting forth the violations of this Chapter and ordering the owner, agent, operator, or occupant
to correct such violation. This compliance order shall:
A. Be in writing.
B. Describe the location and nature of the violation in this Chapter.
C. Specify a reasonable time in which violations must be corrected.
D. Be served on licensee. Service shall be sufficient if personally served, posted in a
conspicuous place on or about the premises, or if mailed by first class mail to the
licensee's last known address on file pursuant to Section 220.13.04.
3. The Compliance Official may investigate complaints relating to the rental dwelling or
dwelling unit. The Compliance Official shall contact the owner or agent to verify that the owner
or agent is aware of the complaint. If deemed necessary by the Compliance Official, an
inspection of the unit may be conducted to determine if there are violations to this Chapter and
other applicable ordinances of the city and the laws and regulations of the State of Minnesota. If
the inspection reveals that an ordinance or code violation exists, the Compliance Official shall
notify the owner or agent pursuant to subsection (2). Unless the correction or repair is an
emergency case as regulated in Section 220.176, the owner or agent shall comply with the
timeframes established in the Compliance Order; it is not expected that repairs or corrections
are completed within twenty-four(24) hours.
220.16. EMERGENCY CASES
When a violation of Section 220.-11 of this Chapter constitutes an imminent peril to life, health,
safety, or property, the City may require immediate compliance and, if necessary, take
appropriate action to correct the violation.
220.17. COLLECTION OF RECYCLABLES
Every owner of a multiple dwelling of 13 or more units or other units not serviced under the
City contract for recycling services shall arrange and contract for at least monthly collection of
recyclables to include at least newsprint, glass (food and beverage), aluminum, steel, and tin
cans, and corrugated cardboard. A copy of the owner's contract for recycling services shall be
submitted to the City in conjunction with the annual renewal of the rental license.
220.18. UNFIT FOR HUMAN HABITATION
1. Declaration.
Any structure dwelling or dwelling unit which is damaged, decayed, dilapidated, unsanitary,
unsafe, infested, or which lacks provision for illumination, ventilation, or sanitary facilities to
the extent that the defects create a hazard to the health, safety, or general welfare of the
occupants or to the public may be declared unfit for human habitation. Whenever any structure
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dwelling or dwelling unit has been declared unfit for human habitation, the City shall order
same vacated within a reasonable time and shall post a placard on same indicating that it is unfit
for human habitat-ion, and any operating license previously issued for such structure dwelling
or dwelling unit shall be revoked.
2. Vacated Dwelling.
It shall be unlawful for a vacant structure dwelling or dwelling unit, which has been declared
unfit for human habitation, as provided above, to be used for human habitation until the
defective conditions have been corrected and written approval has been issued by the City. It
shall be unlawful for any person to deface or remove the declaration placard from any such
structure dwelling or dwelling unit.
3. Secure Unfit and Vacated Dwellings.
The owner of any structure dwelling or dwelling unit, which has been declared unfit for human
habitation, or which is otherwise vacant for a period of 60 days or more, shall make same safe
and secure so that it is not hazardous to the health, safety, or general welfare of the public and
does not constitute a public nuisance. Any vacant dwelling or dwelling unit open at doors or
windows, if unguarded, shall be deemed to be a hazard to the health, safety, and general welfare
I of the public and a public nuisance within the meaning of this Chapter and Chapter 110.
4. Hazardous Building Declaration.
In the event that a dwelling or dwelling unit has been declared unfit for human habitation and
the owner has not remedied the defects within a prescribed reasonable time, then it may be
declared a hazardous building and treated consistent with the provisions of Minnesota Statutes,
Section 463.15-463.261.
220.19. EXECUTION OF COMPLIANCE CODES
Upon failure to comply with a compliance within the time set and no appeal having been taken,
the city council may, by resolution, cause the cited deficiency to be remedied as set forth in the
compliance order. The cost of such remedy shall be placed against the subject property and may
be levied and collected as a special assessment in the manner provided by Minnesota Statutes,
Chapter 429.
220.20. APPEAL
When it is alleged by any person to whom a compliance order is directed that such compliance
order is based upon erroneous interpretation of this Chapter, such person may appeal the
compliance order as provided under Chapter 6 of the City Code. The filing of an appeal shall
stay all proceedings, unless such a stay would cause imminent peril to life, health, safety, or
property.
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220.21. TRANSFER OF OWNERSHIP
Anyone securing an interest in the dwelling or dwelling until which has received a violation tag
or compliance order shall be bound by the same without further service of notice and shall be
liable to all penalties and procedures under this Chapter.
220.22. NO WARRANTY BY CITY
By enacting and undertaking to enforce this ordinance, neither the city nor its council, agents, or
employees warrant or guarantee the safety, fitness, or suitability of any dwelling in the City, and
any representation to the contrary by any person is a misdemeanor. Owners or occupants should
take whatever steps they deem appropriate to protect their interests, health, safety, and welfare.
A warning in substantially the foregoing language shall be printed on the face of the license.
220.23. SEVERABILITY
Every section, provision, or part of this Chapter is declared separable from every other section,
provision, or part to the extent that if any section, provision, or part of this Chapter shall be held
invalid, such holding shall not invalidate any other section, provision, or part thereof
220.24. PENALTIES
Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such
violations under the provisions of Chapter 901 of this Code.
It is a misdemeanor for any person to prevent, delay, or provide false information to the
Compliance Official, or his/her representative, while they are engaged in the perfolmance of
duties set forth in this Chapter.
Section Two. Effective Date. This Ordinance shall be effective following its adoption and
publication according to law.
Section Three. Summary Publication.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
10TH-- DAY OF DECEMBER,2018.
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
Public Hearing: 11-26-18
First Reading: 11-26-18
Second Reading: 12-10-18
Publication Date: 12-21-18
54
34
ORDINANCE NO. ____
ORDINANCE AMENDING CHAPTER 220 OF THE FRIDLEY CITY CODE
RELATED TO THE RESIDENTIAL RENTAL PROPERTY MAINTENANCE
AND LICENSING CODE
I. Title
An ordinance of the City of Fridley, Minnesota, amending the Fridley City Code related to the
residential rental property maintenance code rental licensing.
II. Summary
The City Council of the City of Fridley does hereby ordain as follows:
That Chapter 220 of the Fridley City Code is hereby amended to provide additional requirements
related to:residential rental property maintenance requirements,rental dwelling license application
and licensing requirements,the penalties for failure to comply with rental licensing, including the
suspension and revocation of rental dwelling licenses, and prohibited conduct in rental dwellings.
III. Notice
This title and summary has been published to clearly inform the public of the intent and effect of
the Fridley City Code. A copy of the ordinance, in its entirety, is available for inspection by any
person during regular business hours at the offices of the City Clerk of the City of Fridley, 7071
University Avenue N.E., Fridley, MN.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 10TH
DAY OF DECEMBER, 2018.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN—CITY CLERK
Public Hearing: November 26, 2018
First Reading: November 26, 2018
Second Reading: December 10, 2018
Publication: December 21, 2018
55
AGENDA ITEM
c;�of CITY COUNCIL MEETING OF
Fridley DECEMBER 10, 2018
To: Wally Wysopal, City Managers
From: Daniel Tienter, Director of Finance/City Treasurer
Patrick D. Maghrak, City Assessor
Date: December 10, 2018
Re: Resolution Approving Special Assessment Deferral
Staff received a request from the property owner of 125 Alden Circle NE to defer the 2018 Nuisance
Abatement levied against the property. Minnesota Statute § 435.193 authorize cities to defer special
assessment payments for certain senior and disabled individuals. The deferment of assessments may
be permitted at the discretion of the City Council (Council). The Council, by virtue of Resolution
No.14-1995, established a number of factors as a basis for granting special assessment deferments.
Staff reviewed the required factors and determined the property owner is eligible for the deferment.
Staff reviewed the various program requirements with the applicant, including the 6.50%interest that
will accrue annually throughout the deferral period. Assessment deferrals are an option for
individuals that have financial difficulty paying for an abatement. However, the long—term cost of
the assessment can become substantially more burdensome given the cost of the accrued interest over
the deferral period.
Repayment of the assessment will begin once the property is no longer eligible for deferment, such
as the sale of the property or the property is no longer a residential homestead. The repayment
timeframe is dependent upon the cause of the property no longer being eligible for deferment. For
example, if the property sold, repayment of the entire assessment would be due upon closing of the
property.
In addition to the property owner meeting the necessary requirements and completing the application
process, Anoka County requires the Council to pass a resolution approving the deferment. Based on
the process and program outlined above, staff recommends that Council approve the attached
resolution deferring the assessment for the property located at 125 Alden Circle NE for Nuisance
Abatement Project No. 9400-2018.
56 1
RESOLUTION NO. 2018—
A RESOLUTION DEFERRING SPECIAL ASSESSMENT PAYMENTS FOR THE
PROPERTY LOCATED AT:
125 ALDEN CIRCLE NE IN REGARDS TO 2018 NUISANCE ABATEMENT
WHEREAS,the City of Fridley received requests to defer the 2018 Nuisance Abatement assessment
for the property located at 125 Alden Circle NE, and
WHEREAS, Minnesota Statute § 435.193 authorizes cities to defer special assessment payments for
certain senior and disabled individuals, and
WHEREAS, the City Council by virtue of Resolution 14-1995 has established a list of factors as a
basis for granting special assessment deferments, and
WHEREAS, staff reviewed the required factors and determined the resident meet the necessary
factors and are therefore eligible for the deferment,and
WHEREAS, the applicant is also aware the during the deferral period interest at 6.50 percent
continues to accrue and will be added to the outstanding principal balance each year, and
WHEREAS, repayment of the assessment will begin once the property is no longer eligible for
deferment,such as,but not limited,to the sale of the property or the property no longer being classified
as a homestead property, and
NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of Fridley that the special
assessment payments are hereby deferred for the property located at 125 Alden Circle NE for 2018
Nuisance Abatement Project 9400-2018.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 10TH
DAY OF DECEMBER 2018.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
57
CITY COUNCIL MEETING
Fridley
OF
DECEMBER 10, 2018
To: Walter T. Wysopal, City Manage%
From: Debra A. Skogen, City Clerk
Date: December 4, 2018
Re: Resolution Designating Polling Places for the 2019 Elections
Minnesota Statute 204B.16, Subd.1., requires the governing body of each municipality to
designate by ordinance or resolution election precincts and polling locations by December 31
of each year for the following year.
With the recent move of the City offices and the sale of the old Municipal Center, located at 6431
University Ave NE, the old Municipal Center can no longer be used as a polling location.
Therefore, at this time, we must designate a new polling location for Ward 1 Precinct 3. As
redistricting does not occur until 2022, staff felt the reasonable change would be to move that
polling location to the new Civic Campus located at 7071 University Avenue NE.
The attached resolution designates the precincts and polling places to be used for the 2019 should
there be any special elections.
Staff recommends a motion adopting a resolution designating precincts and polling locations for the
2019 election year, as shown in Attachment 1.
58
Attachment 1
RESOLUTION NO. 2018-
A RESOLUTION DESIGNATING PRECINCTS AND POLLING LOCATIONS
FOR THE 2019 ELECTION YEAR
WHEREAS, Minnesota Statute 204B.16, subd. 1 requires the governing body of each
municipality to designate by resolution each year no later than December 31, polling places
for each election precinct; and
WHEREAS, the polling places designated by this resolution are to be used for elections during the
year 2019.
NOW, THEREFORE BE IT RESOLVED that the polling places to be used as the municipal
precincts in the calendar year 2019 are as follows:
Ward 1 Precinct 1 Grace Evangelical Free Church, 755 73rd Ave NE
Ward 1 Precinct 2 Hayes Elementary School,615 Mississippi St NE
Ward 1 Precinct 3 Fridley Civic Campus, 7071 University Ave NE
Ward 1 Precinct 4 Fridley Community Center, 6085 7th Street NE
Ward 2 Precinct 1 Woodcrest Elementary School, 880 Osborne Rd NE
Ward 2 Precinct 2 Michael Servetus Unitarian Church,6565 Oakley Dr NE
Ward 2 Precinct 3 St. Philip's Lutheran church,6180 Highway 65 NE
Ward 2 Precinct 4 North Park Elementary School, 5575 Fillmore St NE
Ward 3 Precinct 1 Springbrook Nature Center, 100 85th Ave NE
Ward 3 Precinct 2 Redeemer Lutheran church, 61 Mississippi Way NE
Ward 3 Precinct 3 Stevenson Elementary School,6080 E River Rd NE
Ward 3 Precinct 4 Fridley Covenant Church,6390 University Ave NE
BE IT FURTHER RESOLVED that the Fridley City Council hereby directs the clerk to make all
necessary notifications and preparations for elections held in 2019 as required by Minnesota Statute,
Minnesota Rules and the Administrative Policy of the City.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
10TH DAY OF DECEMBER 2018.
SCOTT J. LUND- MAYOR
ATTEST:
DEBRA A. SKOGEN -CITY CLERK
59
AGENDA ITEM
isorrC,�.°f CITY COUNCIL MEETING OF
Fridley
DECEMBER 10, 2018
Date: December 4, 2018
To: Walter T.Wysopal,City Manager
From: Scott Hickok,Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Approve Comprehensive Sign Plan for the Gaughan Companies at 8300 University Avenue
INTRODUCTION
The City Council will recall that a variance was approved in 2017 to reduce the side yard setback on a corner
lot from 35 feet to 30 feet, to allow the construction of two new retail buildings on the vacant parcel of
land located at the northwest corner of 83rd Avenue and University Avenue, which is now addressed as
8300 University Avenue.Since the variance was approved,the southernmost building is being constructed.
Tim Holter with Gaughan Companies is requesting that the City Council approve the attached
comprehensive sign plan which will be used for both retail buildings on site.
SUMMARY
Code Section 214.14, requires that shopping centers and multiple tenant buildings have a comprehensive
sign plan approved by the City. The purpose of this requirement is to assure that buildings have well
planned, aesthetically pleasing, and consistent appearance to the signage on the walls of their buildings.
The proposed sign plan meets all the City's criteria, and will allow for consistent looking signage on the
building. The proposed sign plan will allow individually lit channel letters that will be mounted on a raceway
that matches the exact exterior storefront sign area color. Upper and lower case letters, and logos will be
allowed, provided the height and length of the sign conforms to the size requirement set forth in the plan and
by the City's sign code. The letters will be lit with LED in colors chosen by the retailer.
PLANNING STAFF RECOMMENDATION
City Staff recommends approval of the proposed comprehensive sign plan for 8300 University Avenue.
60
Comprehensive Sign Plan Fridley Retail
8300 University Ave NE Fridley,MN 55432
SIGNAGE
FRIDLEY RETAIL
EXHIBIT B
Letter Specifications
Side View
A)5 1/4".063 Aluminum letter Return a" "
Finish Gotor Subject to Landlord Approval
B)3/16"Translucent Acrylic Face
G)1 1/8"Tran Gap
D)New Tube 404 I
E)13"X 8"Aluminum Raceway
Finish Color to Match Building Fascia
F)Primary Beatrice!Stub Through Wall Y _'C
El)UL Listed Smart Series Transformers ®. a — n
H)Raceways to have External On/OffDisconnectDisooect m l�J
G
L3 at Wall
nb a Salo
GENERAL
1) Tenant at Landlords option may display an exterior sign.All such signs shall be subject to the
requirements and limitations as outlined hereafter. The furnishing and installation of a sign and the cost
incurred shall be the responsibility of the Tenant.
2) Tenant's sign shall be identity only and shall not include any specifications of the merchandise
offered for sale or the services rendered therein. Character, design and layout of signs shall be subject to
the written approval of the landlord.
3) Tenant will be allocated an area on the exterior facade of Fridley Retail by the landlord to identify
their business consistent with Exhibits B&F attached hereto. Sign area shall not exceed ten percent of
the lease frontage and shall be in accordance with the Landlord and the City of Fridley requirments.
4) No sign shall be placed in final position without the written approval of the landlord in addition to
a City of Fridley sign permit.
5) Upon expiration or early termination of the Lease Term,Tenant shall remove the Sign and repair
all damages to the building caused thereby at his/her own expense.Repair work to be completed in
workman like manner and must be done to landlords satisfaction.
SIGN SPECIFICATIONS
Tenant signs shall consist of LED channel letters mounted on raceway(Exhibit B)as described
above. All signs shall be fabricated and installed in compliance with specifications outlined as follows
and with all applicable electrical codes.
61
CONSTRUCTION SPECIFICATIONS
Tenant signs shall consist of individually illuminated letters with 3/16"acrylic faces and 1 1/8"edge trim.
Letter returns will be fabricated.063 aluminum with 5 'A"return depth. Letters will be internally
illuminated with LED contained fully within the depth of the letter.Brightness shall not exceed 100-foot
light lamberts. Individual letters and electrical components shall be mounted on 8"X 8"raceway:
raceway will be finished to match color specification provided by landlord. Illuminated letters shall not
exceed 24"in height including ascenders and descenders. Tenant sign shall be placed 24"inside either
side of lease line or in area designated by landlord.
PROHIBITED SIGNS
The following types of signs or sign components shall be prohibited.
a) Paper or cardboard signs, stickers utilized as signs.
b) Signs of temporary character or purpose.Auxiliary signage used for grand openings or
special events is subject to landlord and municipal approval.
c) Moving,flashing or flickering lights.
d) Signs,pictures,or paintings within the demised premises if visible from outside without
the written permission of the landlord.
SIGN APPROVAL PROCEDURE
Tenant shall submit to Landlord(2)sets of drawings and specifications.The drawings shall clearly show
location of sign on the facade,construction and attachment detail. Landlord will provide written approval
or disapproval within seven working days of receiving drawings and specifications.Landlord approval is
subject to the approval of The City of Fridley.
62
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tor
rlydleCOUNCIL MEETING OF DECEMBER 10, 2018
ri
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TO 88
NW AGENDA ITEM
zijol CITY COUNCIL MEETING OF
Fridley
December 10, 2018
To: Walter T. Wysopal, City Manat=2
Mayor and City Council
From: Daniel Tienter, Director of Finance/City Treasurer
Date: December 10, 2018
Re: Proposed 2019 Budget, Truth—in—Taxation Public Hearing
Per Minnesota Statute § 275.065, all home rule and statutory cities must certify a Proposed
Property Tax Levy (Proposed Levy) to their respective county auditor on or before September 30
of each year. For the City of Fridley (City), the Proposed Levy supports four separate budget
areas: 1) General Fund; 2) Information Technology (IT) Capital Equipment Fund; 3) Springbrook
Nature Center Fund; and 4) various debt service funds. Generally, the Final Property Tax Levy
cannot exceed the Proposed Levy, expect for specific situations outlined in Minnesota Statutes.
Using the Proposed Levy,the county auditor creates and mails parcel—specific notices of proposed
property taxes to each taxpayer for the upcoming year, along with the date, time and location of a
public hearing required by the abovementioned statute for each taxing authority(e.g., city,county,
school district). These meetings, at which the public must be allowed to speak, are generally
referred to as Truth—in—Taxation(TNT).
Consistent with the TNT process, the Council reviewed both the Proposed 2019 Budget and
Proposed Levy, either in part or total, at various Conference and Council Meetings, including on
March 19, August 13, September 24, October 22 and November 26. Based on those discussions
and other anticipated budget changes, the Council certified a Proposed Levy of$15,494,419 for
2019, an increase of$686,506 or 4.64% compared to 2018.
Based on the process to date, staff recommend the Council to conduct the TNT hearing to receive
public comment regarding the Proposed 2019 Budget and Proposed Levy,following a presentation
from staff. After the public hearing, staff anticipate the Council to consider final adoption of both
items on December 17, 2018.
Financial Impact
Based on the abovementioned property tax changes, staff estimate the property taxes for a
residential homestead with an assessed value of$202,900 for 2019 (compared to approximately
4186,600 for 2018) to increase approximately $38, or 4.6%, from $822 for 2018 to $860 for 2019.
These projections are based on estimated Tax Increment Financing District and Fiscal Disparities
figures for property taxes payable in 2019.
89
AGENDA ITEM
t ; +allivl CITY COUNCIL MEETING
OF DECEMBER 10, 2018
To: Wally Wysopal, City Manager 2 z-'
From: Paul Bolin, HRA Asst. Exec. Director
Date: December 5, 2018
Re: 2nd Reading of Ordinance Transferring Property to Fridley HRA to Facilitate Redevelopment
On November 26th, the Council held a public hearing and first reading of an ordinance to transfer
parcels, at the old Municipal Center, to the Housing & Redevelopment Authority to facilitate the
development of a 134 unit senior"with services"building.
- tart . i . 46' ' The City owns Lot 6, Lots 8,9,10,11,12,13,
/ i- , t '= ' Block 1, Fridley Plaza Center, Anoka County.
tr4 _ Fl Minnesota(shown in blue). These parcels
x * a4,* * m' include most of the City Hall building and plaza
2 ' '' ''' ' ''''4'4'.1 14-P tfullui,_ i area, including the police garage.
.� � t l• "' . These parcels include
�� . . t � ` " I.. in a .. the access drive between 6499 University and
' :tif 4:,iik. E _d_ . '' - _ - City Hall, City Hall parking lot, 6401
41 r {! tUniversity's parking lot, some of 6341
'`, t'V University's parking lot, and a small area near
V #' Fourmies and 6401 University.
I
?� r 915. i - The property is to be sold to the Dunbar Group,
*, � s ti
° .6" '" for the appraised fair market value amount of
.. ,-:, - _. .;__. $2.2M. The Authority will return all proceeds
+1-, r.'"----4-.....-
f IL » above its' actual costs, and the eligible
. . -IF t ' extraordinary development costs incurred by
" c Dunbar, to the City. This deal structure is
'
. � L Z i °' = typical for HRA redevelopment projects.
I s° �. 7via its
Staff recommends holding the second reading of the proposed ordinance of Sale and Transfer of
City Property to Fridley HRA for Redevelopment.
90
ORDINANCE NO.
AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER
AND MINNESOTA STATUTES SECTION 465.035
REGARDING CERTAIN REAL ESTATE AND
AUTHORIZING THE CONVEYANCE THEREOF
SECTION 1. The City of Fridley is the fee owner of the tract of land within the City
of Fridley, Anoka County, State of Minnesota, described as follows:
Lots 6, 8, 9, 10, 11, 12 and 13, Block 1, Fridley Plaza Center,
according to the recorded plat thereof, Anoka County, Minnesota
(the "Lots").
SECTION 2. The City Council hereby determines the following:
A. The City no longer has any reason to continue to own the Lots,
and the City Council is hereby authorized to transfer the Lots to
the Housing and Redevelopment Authority in and for the City of
Fridley, Minnesota (the "Authority") for disposal.
B. The Lots are to be part of a redevelopment project(the "Project")
undertaken by the Authority.
C. After redevelopment of the Project, the Authority will transfer any
sales proceeds, less its expenses, to the City.
SECTION 3. The Mayor and City Clerk are hereby authorized to sign the
necessary contracts and deeds to effect the transfer of the above
described real estate.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
10TH DAY OF DECEMBER, 2018.
SCOTT J. LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN —CITY CLERK
Public Hearing: November 26, 2018
First Reading: November 26, 2018
Second Reading: December 10, 2018
4810-6796-4026,v. 1
91
AGENDA ITEM
Fridley
CITY COUNCIL MEETING OF
DECEMBER 10, 2018
Date: November 14, 2018
To: Walter Wysopal, City Manager�� '�✓
From: James Kosluchar, Public Works Director
Jeffrey Jensen, Operations Manager- Streets and Parks
Rachel Workin, Environmental Planner
Subject: Second Reading of an Ordinance Amending Chapter 104 Pertaining to Tree
Management
BACKGROUND
The Fridley City Council approved the Emerald Ash Borer Mitigation Plan at the February 12, 2018
council meeting. This Plan was developed to proactively address the threat of emerald ash borer
while preserving the benefits of Fridley's urban forest. The Plan was also intended to increase the
resiliency of the City's urban forest against future, unknown pests by increasing tree species
diversity.
Execution of this plan is supported in City Code through Chapter 104 which was designed to
respond to the removal of trees infected with Dutch elm disease and oak wilt. City staff have
reviewed Chapter 104 alongside the regulation of other cities, state guidelines, and
recommendations of the Arbor Day Foundation and identified areas to be updated. The goals of
these updates are to:
1) Clarify goals of the City's tree management program
2) Clarify the City's definition of a public tree nuisance
3) Clarify the City's response to a public tree nuisance
4) Update licensing requirements
5) Update referenced statutes
A first reading of the ordinance was held on April 23, 2018. Following direction from Council, staff
updated language to further clarify the definition of a public tree nuisance.
RECOMMENDATION
Staff recommends the following actions.
1) City Council waive the second reading and adopt an Ordinance Amending Chapter
104 Diseased Trees Related to Tree Management, as shown in Attachment 1.
2) The City Council adopt a Summary Ordinance Amending Fridley City Code Chapter
104 Tree Management, as shown ig attachment 2.
Attachment 1
ORDINANCE NO.
AN ORDINANCE AMENDING FRIDLEY CITY CODE CHAPTER 104
PERTAINING TO TREE MANAGEMENT
The Fridley City Council hereby finds after review, examination and recommendation of
staff that Chapter 104 related to tree management be hereby amended and ordained as
follows:
Chapter 104 is hereby amended as follows:
FRIDLEY CITY CODE
CHAPTER 104. DISEASED TREE MANAGEMENTS
(Ref. 481, 568,639,931, 1214)
104.01. DECLARATION OF POLICY
The City Council of Fridley has determined that trees provide a public benefit including
cleaner air, cleaner water, decreased soil erosion, and increased property values the health
of the trees within the municipal limits is threatened by fatal tree dis-ases . It is further
determined that the loss of nuisance trees growing upon public and private property
. '. •. - . -- . .- . . ..- ' -•. . : impair the safety,
good order, general welfare and convenience of the public. It is declared to be the
intention of the Council to maintain a resilient urban forest control and prevent the spread
of tree diseases pests and this Chapter is enacted for that purpose. (Ref. 481)
104.02. FORESTER POSITION CREATED
The powers and duties of the City Forester as set forth in this Chapter are hereby
conferred upon the Superintendent Director of Public Works and all designated
representatives. It is the duty of the Forester to coordinate under the direction and control
of the City Manager all activities of the City relating to the management of trees on City
property, the control and prevention of tree diseasespests that would threaten the integrity
of the City's urban forest, and the elimination of nuisance trees. The Forester shall
recommend to the City Manager the details of the program for the control of tree diseases
maintenance of a resilient urban forest and perform the duties incident to such a program
adopted by the City Council. (Ref. 931)
104.03. PROGRAM
It is the intention of the Council of Fridley to conduct a Management Pprogram
ofdirected at the maintenance of a resilient urban forest. plant pest control pursuant to the
authority granted by Minnesota Statutes, Section 18.023, as amended. This program is
directed specifically at the control and elimination of tree diseases and is undertaken in
Minnesota Department of Agriculture. The City shall have the right to plant, prune,
maintain, remove and replace all trees, shrubs, and other plantings now or hereafter on
93
Ordinance No. Page 2
properties controlled by the City including in any street, park, boulevard, public right-of-
way or easement as may be necessary to ensure public safety or to preserve and enhance
the city's urban forest. The City shall also have the right to require the abatement of any
trees on public or private property deemed to be public nuisances as outlined in the
Chapter.The City Forester shall act as coordinator between the Commissioner of
104.04. NUISANCES DECLARED
The following are public nuisances whenever they may be found within the City of
Fridley:
1. Any living or standing Elm tree or part thereof infected to any degree with the
Duty" Elm disease fungus Ceratocystis ulmi (Buisman) Mo -. . : - . .. .
-- .. - . . -
2. Any dead Elm tree or part thereof, including logs, branches, stumps, firewood or
3. Any living or standing Oak Tree, or part thereof, infected to any degree with the
Oak Wilt disease fungus Ceratocystis fagacearum.
1. Any dead Oak tree, or part thereof, including logs, branches. stumps. firewood, or
Forester. (Ref. 931)
1. 5. Any diseased or infested tree , dead tree, or part thereof, including logs, branches,
stumps, firewood, or other wooden material which has been determined to present a
condition which endangers the safety or health of the public or urban forest and has not
been treated abated according to the prescription of the City Forester. (Ref. 931).
2. Any hazardous tree which is determined to have structural defects in the roots, stem, or
branches that may cause the tree or part thereof to fail, where such failure may cause
personal injury or property damage to a "target". A "target" includes, but is not limited to,
people, vehicles, buildings, and property, etc. Trees without targets are not considered
hazards even if they are likely to fail and can be considered beneficial in habitat
protection.
104.05. ABATEMENT
It is unlawful for any person to allow a public nuisance as defined in Section 104.04 to
remain on any premises owned within, or controlled by, the City of Fridley. Such
nuisances may be abated in the manner prescribed by this Chapter.
104.06. INVENTORY, INSPECTION AND INVESTIGATION
1. The Forester or an agent thereof may inspect all premises and places within the
City as often as deemed appropriate to htermine any condition described in either
Ordinance No. Page 3
Section 104.04 or 101.05 of this Chapter exists thereon. The Forester shall investigate all
reported incidents of diseased nuisance trees. (Ref. 931)
2. The Forester or an agent thereof may enter upon private premises at any
reasonable time for the purpose of carrying out any of the duties assigned under this
Chapter.
33-. The Forester or an agent thereof shall make a field diagnosis according to
generally accepted field diagnosis procedures. to 3 MCAR 1.0111 and laboratory
those definitive symptoms are not present.
104.07. ABATEMENT OF NUISANCES
In abating the nuisances defined in Section 104.04, the Forester or an agent thereof shall
prescribe the infected nuisance tree or wood to be evaluated,monitored, sprayed, root barriered,
removed, burned or otherwise effectively treated so as to destroy eliminate and the causative
organism or vector and prevent, as fully as possible, the nuisancespread of tree diseases. Such
abatement procedures shall be carried out in accordance with current technical and expert
opinions and procedures.
104.08. PROCEDURES FOR REMOVAL OF INFECTED TREES OR WOODS
When the Forester or designee thereof finds that a public nuisance as defined in Section
104.04 exists in any tree or wood_in any public or private place in the City, the Forester
shall:
1. On private property, notify the property owner in writing with a
Diseased/Hazardous Nuisance Tree Abatement Notice. The property owner shall carry
out any recommended abatement procedure(s) within thirty (30) days from the date of
receipt of the notification unless a written extension is granted by the Forester.
A. If the owner fails to follow the recommendation of the Nuisance Tree Abatement
Notice within the designated time period, the Forester shall notify the property
owner by mailin writing that the City will contract for the abatement of the public
nuisance. The Forester shall then proceed to contract for the abatement procedures
as soon as possible and shall report to the City Clerk all costs resulting from the
abatement procedures carried out on such private property. The City Clerk shall
list all such charges related to the City abatement administrative costs against
each separate lot or parcel by September 15th of each year as special assessments
to be collected commencing with the following year's taxes. All assessments
related costs shall be added to each assessment. (Ref 1214)
2. In the case of boulevard trees, defined as a tree growing within an improved a
street or alley right-of-way or an street-easement that has been acquired for an existing
improved street or alley, notices will be mailed to the owner of the abutting property as
previously described in Section 104.08.1. However, the City shall abate any diseased
nuisance boulevard tree at no cost to the argperty owner. If the property owner desires,
Ordinance No. Page 4
the City will replace the tree with a bare root selectiontree on the owner's property in the
vicinity of the removed tree. (Ref. 931)
3. All assessments levied for the repayment of tree disease abatement costs may be
repaid over a five year period designated by the City Council. Such assessments shall be
levied . . •. ' _ . '- •- . . _ . . . •. ! in accordance with the
assessment procedures established in City Code Chapter 128.
4. If the infected nuisance tree is located on public land, the Forester shall transmit a
similar notification including prescription to the city, county, or school
administrationagency responsible for grounds maintenance of said property. Such
infestations nuisances onef public property shall be abated by the respective agent,
according to the prescriptions and regulations of 3 MCAR 1.0111 of the Minnesota
Department of Agriculture, of the City Forester within twenty thirty (320) days of
notification unless a written extension is granted by the Forester.
104.09. PROGRAM RECORDS
The Forester shall keep accurate records of the_ Pr Tree_ Dis-ase Control Management
Program includingand the costs of abatements ordered under this program. The Forester
shall report to the Council all work done for which assessments are to be made stating
and certifying the description of the land, lots, and parcels involved and the amount
chargeable to each.submit any required reports to the Minnesota Commissioner of
Agriculture. (Ref. 931)
' • . k •
Whenever the Forester determines that any tree or wood within the City is infected with
disease, he/she may spray all nearby high value trees with an effective disease destroying
concentrate. Spraying activities authorized by this Section shall be conducted in
accordance with technical and expert opinions and plans of the Commissioner of
Agriculture and under the supervision of the Commissioner and agents thereof whenever
possible.
104.11. TRANSPORTING WOOD PROHIBITED
It is unlawful for any person to transport within the City any diseased wood without
such permits only when the purpose of this Chapter will be served thereby.
104.102. INTERFERENCE PROHIBITED
It is unlawful for any person to prevent, delay or interfere with the Forester or agent thereof
while they are engaged in the performance of duties imposed by this Chapter.
104.113. LICENSE REQUIRED
It shall be unlawful for any individual, partnership or corporation to conduct as a business
the cutting, trimming, pruning, removing,6%raying or otherwise treating of trees, shrubs
Ordinance No. Page 5
or vines in the City without first having secured a license from a City to conduct such
business.
I 104.12. LICENSE REQUIREMENTS
1. Application.
Application for a license under this Chapter shall be made at the office of the City Clerk
of the City.
2. Application Form.
The application for a license shall be made on a form approved by the City which shows,
employees of the applicant, the number of vehicles of the applicant, together with a
includes:
Business name and address;
Name and address of applicant;
Business phone number;
Number and type of vehicles;
Type of state licenses and/or certifications applicant or employees have; and
Any other information deemed necessary by the City Clerk for the license.
3. Liability Insurance.
No license or renewal of a license shall be granted, nor shall the same be effective, until
the applicant has filed with the City Clerk proof of a public general liability insurance
policy covering all operations of such applicant under this Chapter for the sum of at least
one hundred thousandmillion dollars ($1180000,000) per occurrence and two million
dollars ($2,000,000) annual aggregate against liability for bodily injuries or death for
-- .. ... •-
liability for bodily injuries or death to more than one person from one accident and for at
least fly-one hundred thousand dollars ($5100,000) against liability for damage or
destruction of property. The City shall be named and the insurance provided shall include
the City as an additional party insured. Said policy shall provide that it may not be
cancelled by the insurer except after ten (10) days written notice to the City, and if such
insurance is so cancelled and licensee shall fail to replace the same with another policy
conforming to the provisions of this Chapter said license shall be automatically
suspended until such insurance shall have been replaced.
4. Worker's Compensation Insurance.
Each license applicant shall file with the City Clerk a Certificate of Insurance of Worker's
Compensation when such insurance is required by State Statute.
5. Chemical Treatment Requirements.
97
Ordinance No. Page 6
Applicants who propose to use chemical substances in any activity related to treatment or
disease control of trees, shrubs or vines shall file with the City Clerk proof that the
applicant or an employee of the applicant administering such treatment has been certified
by the Agronomy Division of the Minnesota Department of Agriculture as a "commercial
pesticide applicator"_Such certification shall include knowledge of tree disease chemical
treatment.
6. Minnesota Tree Care Registry
All applicants must be registered with the Minnesota Department of Agriculture Tree
Care Registry.
104.135. FEES
The annual license fee and expiration date shall be as provided in Chapter 11 of this
Code.
104.146. PENALTIES
Any violation of this Chapter is a misdemeanor and is subject to penalties provided for
such violations under the provisions of Chapter 901 of this Code.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 20.
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
First Reading: April 23, 2018
Second Reading: December 10, 2018
Publication:
98
Attachment 2
SUMMARY ORDINANCE NO.
AN ORDINANCE AMENDING FRIDLEY CITY CODE CHAPTER 104. TREE
MANAGEMENT
I. Title
An ordinance of the City of Fridley, Minnesota amending the Fridley City Code Chapter 104.
Tree Management.
II. Summary
The City Council of the City of Fridley does herby ordain as follows:
That Chapter 104 Tree Management is amended to 1) clarify the goals of the City's tree
management program; 2) clarify the City's definition of a public tree nuisance; 3) clarify the
City's response to a public tree nuisance; 4) update licensing requirements; and 5) update
referenced statutes.
III. Notice
This title and summary has been published to clearly inform the public of the intent and effect of
the Fridley City Code. A copy of the ordinance, in its entirety, is available for inspection by any
person during regular business hours at the offices of the City Clerk of the City of Fridley, 7071
University Ave N.E., Fridley, MN.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2018.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
First Reading: April 23, 2018
Second Reading: November 26, 2018
Published:
99
AGENDA ITEM
CITY COUNCIL MEETING OF
Frdley December 10, 2018
To: Walter T. Wysopal, City Manager
From: Paul Bolin, HRA Assistant Executive Director
Date: December 7, 2018
Re: Resolution to Amend Res. 2014-54 & Rescind Res. 2014-92
When the Authority and the City were looking to purchase and demolish the Columbia
Arena, the City loaned $1.5M to the Authority to put towards the purchase of the
property. The transaction was memorialized in Resolutions 2014-54 & Resolution 2014-
92. The loan to the City was to be paid back from TIF funds, after the Authority had
reimbursed itself. At the time of the purchase, there was no discussion of the arena site
being anything more than a future private development that would pay for the land and
generate tax increment.
Four years later, those original assumptions are no longer correct. The scope of the
project greatly expanded and the private sector portion includes former City and park
land now being made available to the HRA. Authority and City Staff have spent a great
deal of time determining how the City loan should be repaid. The combination of land
sales and tax increment collected are projected to make the Authority whole and allow
the Authority to repay the City from the Authority's General Fund. The City will be
immediately repaid $1M from the Authority's General Fund which the City intends to use
for pending related costs. The remaining $500,000 will come from an annual payment
made from the Authority's General Fund.
The attached resolution rescinds the original agreement found in HRA Resolution 2014-
92, amends Resolution 2014-54 and memorializes the approach described above. The
Authority adopted a similar resolution on December 6th. The project projections for land
sales and increment generated support this approach to make the Authority whole in the
project and allow it to repay the City Loan.
Staff recommends approval of the attached resolution.
100
RESOLUTION NO. 2018-
A RESOLUTION AMENDING RESOLUTION NO. 2014-54 AND RESCINDING
RESOLUTION NO. 2014-92 WHICH APPROVED INTERFUND LOANS
ASSOCIATED WITH THE PROPOSED COLUMBIA ARENA REDEVELOPMENT
PROJECT, ACCEPTING HRA's REPAYMENT OF A CITY LOAN AND
AUTHORIZING EXPENDITURES
BE IT RESOLVED by the City Council (the "Council") of the City of Fridley, Minnesota (the "City")
as follows:
Section 1. Recitals.
1.01 The Authority at its regularly scheduled meeting on August 7, 2014 approved HRA
Resolution No. 2014-09 (the "HRA Resolution No. 2014-09").
1.02 The Authority at its regularly scheduled meeting on December 4, 2014 approved
HRA Resolution 2014-19 (the "HRA Resolution 2014-19").
1.03 The HRA at its regularly scheduled meeting on December 6, 2018 approved HRA
Resolution 2018-14 (the "HRA Resolution 2018-14").
1.04 The City at its regularly scheduled meeting on August 11, 2014 adopted Resolution
No. 2014-54 (the "Resolution No. 2014-54").
1.05 The City at its regularly scheduled meeting on December 8, 2014 adopted
Resolution No. 2014-92 (the "Resolution No. 2014-92").
1.06 In accordance with the above resolutions the City advanced $1,500,000 (the "City
Loan") to the Authority to finance Qualified Costs. The City Loan was to be repaid from tax
increment.
1.07 TIF District No. 23 was approved by the Authority on September 1, 2016, by the
City on September 12, 2016 and certified by Anoka County on March 17, 2017.
1.08 The Authority will now repay the City Loan from its General Fund, has rescinded
its HRA Resolution No. 2014-19 and amended its HRA Resolution No. 2014-09. These actions
were approved by HRA Resolution No. 2018-14.
1.09 To facilitate development in TIF District No. 23, it is necessary to install a water
main for which the City intends to reimburse the Authority.
Section 2. Approval for Repayment of City Loan.
101
2.01 The City approves the repayment of the City Loan in accordance with HRA
Resolution No. 2018-14 which is attached as Exhibit A and also cancels any previously accrued
City Loan interest through December 31, 2018.
Section 3. Rescission of Resolution 2014-92.
3.01 Resolution 2014-92 is hereby rescinded.
Section 4. Amendment to HRA Resolution 2014-09.
4.01 Section 2 of Resolution 2014-54 is modified to conform to the repayment of the
City Loan as provided for in Section 2 of this Resolution.
Section 5. Approvals and Authorizations.
5.01 The Council hereby authorizes and approves the following:
a. The $1.0M repayment of the City Loan shall be used for any eligible expense,
including ponding related costs, in publically owned property in Locke Park Pointe on or before
December 31, 2019.
b. Payment to the HRA on or before December 31, 2019, in an amount not to exceed
$200,000 for a water main project in Locke Park Pointe.
PASSED AND ADOPTED BY THE CITY OF FRIDLEY, MINNESOTA THIS DAY OF
DECEMBER, 2018.
Scott Lund, Mayor
ATTEST:
Debra Skogen, City Clerk
102
HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF FRIDLEY, MINNESOTA
COUNTY OF ANOKA
STATE OF MINNESOTA
HRA RESOLUTION NO. 2018 - 14
A RESOLUTION AMENDING HRA RESOLUTION NO. 2014-09 AND
RESCINDING RESOLUTION NO. 2014-19 WHICH APPROVED INTERFUND
LOANS ASSOCIATED WITH THE PROPOSED COLUMBIA ARENA
REDEVELOPMENT PROJECT, AUTHORIZING REPAYMENT OF A CITY
LOAN AND AUTHORIZING EXPENDITURES
BE IT RESOLVED by the Board of Commissioners (the "Commissioners") of the Housing and
Redevelopment Authority in and for the City of Fridley (the "Authority") as follows:
Section 1. Recitals.
1.01 The Authority at its regularly scheduled meeting on August 7, 2014 approved
HRA Resolution No. 2014-09 (the "HRA Resolution No. 2014-09").
1.02 The Authority at its regularly scheduled meeting on December 4, 2014 approved
HRA Resolution 2014-19 (the "HRA Resolution 2014-19").
1.03 The City at its regularly scheduled meeting on August 11, 2014 adopted
Resolution No. 2014-54 (the "Resolution No. 2014-54").
1.04 The City at its regularly scheduled meeting on December 8, 2014 adopted
Resolution No. 2014-92 (the "Resolution No. 2014-92").
1.05 In accordance with the above resolutions the City advanced $1,500,000 (the
"City Loan") to the Authority to finance Qualified Costs. The City Loan was to be repaid from tax
increment.
1.06 TIF District No. 23 was approved by the Authority on September 1, 2016, by the
City on September 12, 2016 and certified by Anoka County on March 17, 2017.
1.07 The Authority now wishes to repay the City Loan from its General Fund, rescind
its Resolution No. 2014-19 and amend its Resolution No. 2014-09.
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HRA RESOLUTION NO. 2018-14 PAGE 2
1.08 To facilitate development in TIF District No. 23, it is necessary to install a water
main for which the City will reimburse the Authority.
Section 2. Authorization and Approval for Repayment of City Loan.
2.01 The Authority shall repay the City Loan from its General Fund as follows:
a. $1,000,000 on or before December 31, 2018.
b. $500,000 with interest at 4.0% from January 1, 2019 payable in 25 equal annual
installments of$30,775 commencing December 31, 2019 and continuing through December 31,
2043.
Section 3. Rescission of HRA Resolution 2014-19.
3.01 HRA Resolution 2014-19 is hereby rescinded.
Section 4. Amendment to HRA Resolution 2014-09.
4.01 Section 2 of HRA Resolution 2014-09 is restated as Section 4 to read as
follows:
Section 4. Terms of the TIF Loans.
4.01 The Authority shall repay the specific Authority fund from which the Qualified
Costs were and are to be paid, the principal amounts already incurred and to be incurred as
shown on Exhibit A attached hereto, together with accrued interest commencing January 1,
2019 or from the date of each expenditure subsequent to January 1, 2019 at a rate which may
not exceed 4.0% or the greater of the rates specified under (a) Minnesota Statutes, Sec.
270C.40 or (b) Minnesota Statutes, Sec. 549.09. The interest rate for each calendar year
during the term of each TIF Loan shall be determined as of each January 1 using the
maximum rate under clause (a) or (b) in effect as of that date if it is less than 4.0%.
4.02 Principal and interest payments (the "Payments") for each TIF Loan shall be
paid annually on December 31 of the first year of receipt of Available Tax Increment (defined
in Sec. 4.03 below) and on each December 31 thereafter (the "Payment Dates"), up to and
including the earlier of (a) payment in full of each TIF Loan or (b) the termination date of the
TIF District. Payments shall be applied first to accrued interest and the balance to the
reduction of principal. Interest accruing from January 1, 2019 or the date of each expenditure
occurring subsequent to January 1, 2019 to the first Payment Date shall be compounded
annually on December 31 of each year and added to principal.
4.03 Payments on each TIF Loan are payable solely from Available Tax Increment,
which shall mean the tax increment available from the TIF District and available for that
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HRA RESOLUTION NO. 2018-14 PAGE 3
purpose, at the Authority's discretion, from any other tax increment financing district, after
withholding (a) allowable Authority administrative fees, and (b) prior obligations, which shall
include all general obligation or revenue bonds or notes for which the tax increment revenues
of the TIF District or other tax increment financing districts are pledged.
4.04 The principal sum and accrued interest payable under each TIF Loan may be
prepaid in whole or in part at any time without premium or penalty. No partial prepayment of
any TIF Loan shall affect the amount or timing of any regular payments otherwise required to
be made under the TIF Loans.
4.05 Each TIF Loan is evidence of internal borrowing by the Authority in accordance
with Minnesota Statutes, Section 469.178, Subdivision 7, and are limited obligations payable
solely from the Available Tax Increments pledged to the payment thereof under this resolution.
The Authority shall have no obligation to pay any principal amounts of the TIF Loans or
accrued interest thereon which may remain unpaid after the final Payment Date.
4.06 The Authority may amend the terms of any TIF Loan at any time by resolution
of the Board of Commissioners. The Authority may make a determination to forgive the
outstanding principal amounts and accrued interest to the extent permissible under law.
Section 5. Approvals.
5.01 The Board of the Authority hereby approves the following:
a. Creation of a Register of Advances and the appointment of the Finance
Director of the City to maintain the Register to reflect an accurate accounting of the Authority
interfund loans and advances, and approves their repayment in accordance with this
Resolution.
b. The expenditure from its General Fund in an amount not to exceed $200,000 to
pay for a water main project in TIF District No. 23 for which the City will reimburse the
Authority.
PASSED AND ADOPTED BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND
FOR THE CITY OF FRIDLEY THIS 6TH DAY OF DECE BER, 2018.
W /-(e
STEPHEN H. EGGERT—ACTING CHAIRPERSON
ATTEST:
h Arr.(
WALTER T. WYSOPAL– EXECUTIVE DIRECTOR
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HRA RESOLUTION NO. 2018-14 PAGE 4
EXHIBIT A
REGISTER OF ADVANCES
[SAMPLE FORM FOR SOURCE OF ADVANCE]
QUALIFIED EXPENSE DATE PAID AMOUNT PAID
Land/Building Acquisition
Site Improvements/Preparation Costs
Utilities
Other Public Improvements
Construction of Affordable Housing
Authority Administrative Costs
County Administrative Costs
Bond Payments—Paygo & all other Bonds--Principal
Bond Payments—Paygo & all other Bonds--Interest
4815-5056-1153,V. 1
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AGENDA ITEM
tfdiey CITY COUNCIL MEETING OF
DECEMBER 10, 2018
INFORMAL STATUS REPORTS
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