CCA 11/26/2018 1"°°f CITY COUNCIL MEETING OF NOVEMBER 26, 2018
Fridley
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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 (5:00 p.m.)
1. Presentation on Safety Procedures at the Civic Campus
2. Proposed 2019 Budget Review
PLEDGE OF ALLEGIANCE.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
1. City Council Meeting of November 13, 2018 1 - 11
OLD/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;
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 12 - 17
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 26, 2018 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
3. Approve the City of Fridley Energy Action
Plan 18 - 19
4. Approve First Amendment to Tower Site
Lease Agreement between the City of Fridley
and NCWPCS MPL 31 —Year Sites Tower
Holdings LLC 20 - 27
5. Claims (ACH PCard 1811; 183029 — 183128) 28 - 51
OPEN FORUM, VISITORS: Consideration of items not on Agenda — 15 minutes
ADOPTION OF AGENDA:
PUBLIC HEARINGS/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 52 - 86
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 26, 2018 PAGE 3
PUBLIC HEARINGS/NEW BUSINESS (CONTINUED):
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 87 - 90
NEW BUSINESS (CONTINUED):
8. Resolution Providing for Water, Sewer, Storm
Water and Recycling Rate Changes for 2019 91 - 95
9. Resolution Authorizing the Donation of Real
Property to the City of Fridley by Ralcorp
Frozen Bakery Products, Inc., Pursuant to
Minnesota Statutes §465.03 (Ward 3) 96 - 98
10. Informal Status Reports 99
ADJOURN.
CITY COUNCIL MEETING
CITY OF FRIDLEY
NOVEMBER 13, 2018
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:04 p.m.
MEMBERS PRESENT: Mayor Lund
Councilmember Barnette
Councilmember Varichak
Councilmember Bolkcom
MEMBERS ABSENT: Commissioner Saefke
OTHERS PRESENT: Wally Wysopal, City Manager
Scott Hickok, Community Development Director
James Kosluchar, Public Works Director
Dan Tienter, Finance Director
Deb Skogen, City Clerk
PRESENTATION:
Heart Safe Community Designation
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
1. City Council Meeting of October 22, 2018.
APPROVED.
OLD BUSINESS:
2. Second Reading of an Ordinance to Amend the City Code of the City of Fridley,
Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA #18-04,
by Sherman Associates Development, LLC) (Ward 3).
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
3. Second Reading of an Ordinance to Amend Chapter 205 of the Fridley Zoning Code
Pertaining to exterior Storage (Text Amendment Request, TA #18-02, by the City of
Fridley) (Ward 3).
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13,2018 PAGE 2
WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO.
1362 ON SECOND READING AND ORDERED PUBLICATION.
NEW BUSINESS:
4. Receive the Minutes from the Planning Commission Meeting of October 17,2018.
RECEIVED.
5. Preliminary Plat Request, PS #18-04, by Sherman Associates Development, LLC, to
Create Separate Lots for Each Portion of the Proposed Development, Generally
Located at 6050 Main Street NW (Ward 3).
APPROVED.
6. Approve Capital Project Grant Agreement Between the City of Fridley and the
Mississippi Watershed Management Organization for Smart Salting Best
Management Practices.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
7. Approve Memorandum of Understanding Agreement for Federal Equitable Sharing
for the Anoka-Hennepin Narcotics and Violent Crimes Task Force.
APPROVED.
8. Receive the Twin Cities Gateway Fiscal year 2019 Annual Budget.
APPROVED.
9. Claims (182785 - 183028).
APPROVED.
10. Business Licenses
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
ADOPTION OF PROPOSED CONSENT AGENDA:
MOTION by Councilmember Barnette to adopt the proposed consent agenda with the removal
of Item Nos. 2, 6 and 10, Seconded by Councilmember Varichak.
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2018 PAGE 3
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM,VISITORS:
No one from the audience spoke.
ADOPTION OF AGENDA:
MOTION by Councilmember Bolkcom to adopt the agenda with the addition of Item Nos. 2, 6
and 10. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
NEW BUSINESSES:
11. First 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".
Deb Dahl, Director of Community Services & Employee Resources, stated Fridley City Code,
Chapter 3, involves personnel matters. Staff is requesting Council waive the reading and adopt
the first reading of the ordinance to amend Fridley City Code, Chapter 3. The entire chapter will
be replaced. City personnel policies are encompassed in the ordinance, which can be
cumbersome to change, replace or make amendments. It is difficult to keep pace with the market
and laws that change and update the ordinance with union negotiations that come up throughout
the years. Once the ordinance is adopted, staff will propose amendments. One of the
amendments is to add a holiday to non-union staff to take affect the first of 2018. Non-union
staff currently have 11 days, and the union staff have 12 days. Going forward a floating holiday
will be converted for use at staff's own discretion. Another change is to increase the annual
leave from 240 hours to 320 hours.
Councilmember Barnette asked if non-union paid fair share or union dues.
Ms. Dahl replied no.
Councilmember Barnette asked if they get the same benefits.
Ms. Dahl said the union does not get benefits without paying union dues. On the non-union
side, they are not paying any dues, but their benefits are different for these two items. Staff is
asking to line up the non-union benefits with union benefits.
Councilmember Barnette recalled when he worked for the schools there were people who
benefited from union negotiations but did not pay dues to receive the benefits. Fair share pays a
portion of dues to receive the same benefits.
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2018 PAGE 4
Ms. Dahl noted that not all benefits will be aligned. Health, dental and vacation are aligned but
other benefits remain separate for the union like overtime, comp. time, court time rules, etc.
Councilmember Bolkcom thought it made sense to align the holidays.
Mayor Lund said he understood the concern of staff paying union dues and non-union staff
getting the same thing.
Wally Wysopal, City Manager, said they are not trying to compare union vs non-union, but
these things are being aligned based on market rate comparison. There are many different terms
and conditions in the union contract that are not available to non-union positions.
MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt the
ordinance on first reading and ordered publication. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OLD BUSINESS:
2. Second Reading of an Ordinance to Amend the City Code of the City of Fridley,
Minnesota, by Making a Change in Zoning Districts (Rezoning Request, ZOA
#18-04, by Sherman Associates Development, LLC) (Ward 3).
Councilmember Bolkcom said she was surprised with this change and is leery, as another
project with underground parking has resulted in people who live there parking on the street.
She asked the representative to talk with the audience so residents can understand how this
changed since the last meeting.
Carole Mette, Sherman and Associates, stated that when they looked at the site plan this spring,
the plan was to build a three-story senior project. More detail pricing was received a few weeks
ago and the pricing for the senior project was significantly higher than the market rate project.
After discussion, it was decided to change this project to 4-stories to decrease the cost of the
foundation. Underground parking is a large piece of the budget. They have two other senior
projects recently opened in Maplewood and Milwaukee, similar to this project. The overall
parking ratio has not changed. Parking stalls will be made up by adding stalls to the surface
parking versus underground parking. The first site plan was laid out two years ago as a three-
story building. The cost of construction changed from 2016 to 2018 and they worked with a
general contractor to come up with a solution to reach construction at the same price. The four-
story building is the answer with no reduction in parking,just relocation.
Councilmember Bolkcom asked if each unit would get one parking spot or if it was based on
what type of unit, and if there was a charge for an underground parking spot.
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2018 PAGE 5
Ms. Mette replied that there will be a charge for underground parking based on the market rate
study and supply and demand. There will be plenty of parking for people to be on-site.
Underground parking will be available on a first-come, first-serve basis. They may have to
restrict a unit from renting more than one space if they reach a certain level of occupancy.
Councilmember Bolkcom asked with 30 additional surface spots if the green space would
increase or stay the same as the proposed plan.
Ms. Mette said she did not have the calculation with the increased parking and decreased
building footprint.
Mayor Lund asked what the rate would be for underground parking.
Ms. Mette replied between $50 and $75 a month.
Mayor Lund said there is an issue in Fridley with another project that has underground parking.
People do not want to pay the extra fee, so they are parking on the street and the City is getting
complaints. He said he is concerned there is not enough parking planned for guests that come for
holidays, birthdays, etc. He asked where they would park. This project is now reengineered to
make units less expensive and build a smaller footprint and take away underground parking and
add surface parking.
Ms. Mette said they are not changing the footprint to make units less expensive but to make the
project financially feasible. This project will have high-end finishes for Fridley and the
surrounding areas. People will want to live here because of the amenities--not because it is the
cheapest place to live. They lean on the management group for parking ratios and a lot of data
was provided to come up with the numbers needed for this type of building. The 1.5 parking
spaces per unit does account for visitors. With the transit lot availability, a parking sharing
agreement may be feasible, but it is too soon to talk about that.
Mayor Lund said he was concerned about using someone else's property for parking. It may be
difficult for the parties to come to an agreement and it may not work.
Ms. Mette replied that it is not their preference to enter into a shared parking agreement now,
but maybe in the future.
Councilmember Bolkcom said she did not think project should go forward if they need to ask
for a parking agreement. More people may take the train and the parking may not be available.
She also thought that underground parking is an amenity that Minnesota residents would like to
have.
Mayor Lund said he realized this request is for the bank and understood that underground
parking could be expensive.
Ms. Mette said she agreed with the comments about the parking. They designed the site, the
number of units with proper parking in mind and did not plan to depend on metro transit parking
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13,2018 PAGE 6
areas. She said they are not concerned about the amount of parking, and 1.5 stalls per unit was
plenty.
MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt
Ordinance No. 1361 on second reading and ordered publication. Seconded by Councilmember
Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
6. Approve Capital Project Grant Agreement Between the City of Fridley and the
Mississippi Watershed Management Organization for Smart Salting Best
Management Practices.
Councilmember Bolkcom asked for more information on this incredible project.
Rachel Workin, Environmental Planner, said the City of Fridley is responsible for maintaining
city roads for safe winter driving through a combination of plowing and chloride (salt)
application. The City currently utilizes seven plow trucks equipped with manually-controlled
spreaders which release dry salt onto the road. The manually-controlled system results in an
excess amount of salt release, because the driver is not able to set a specific concentration of salt
per lane mile or easily adjust the amount of salt released based on speed. There are further
disadvantages to applying dry salt as opposed to salt "pre-wetted" by brine as dry salt requires a
much higher chloride concentration to be effective, takes longer to activate, and frequently
"bounces" outside of the intended application zone.
Ms. Workin stated there are long-lasting ecological impacts of this excess salt application.
Chloride is a known aquatic contaminant that is nearly impossible to remove from a waterbody.
Excess aquatic chloride levels can negatively impact aquatic life and drinking water quality,
among other issues. In recognition of the water quality impacts of chlorides, the City of Fridley
installed a brine-making system in the new Public Works facility. However, the City was
financially limited in the amount and quality of brine-application systems the City would be able
to purchase for its plows during the 2018/2019 season. As the Mississippi Watershed
Management Organization (MWMO) has recognized chloride reduction as a priority, the City
requested grant funding from the MWMO to facilitate the purchase of Smart Salting Best
Management Practices for winter maintenance.
Ms. Workin said the MWMO capital grant of$80,557 will be used to purchase advanced brine
application systems for four of the City's plows. These systems will allow the driver to "pre-wet"
the salt with brine before road application, automatically set the concentration of brine and salt
based on weather conditions, and adjust the salt application rate based on speed. This equipment
also includes monitoring/GPS technology that will allow the City to track the amount of salt used
in different locations in order to improve route and salting efficiency. The grant funding will also
be used to purchase an anti-icing trailer system. This trailer system will attach to a City truck and
can be used to pro-actively apply a low concentration of brine to roads in advance of a winter
weather event. This low concentration of brine delays and prevents the bond of ice and snow to
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13,2018 PAGE 7
the roadway and prevents the compaction of snow. As a result, less chloride is needed overall to
remove the snow and ice.
Ms. Workin said the purchase of this equipment is expected to reduce the amount of salt used by
each upgraded plow between 30-40% while also improving road safety. In addition to the
ecological benefits, the City expects to see an economic benefit due to the decreased amount of
salt needed. During the 2017/2018 season, the City spent City roughly $51,970.46 on salt. This
amount would have been expected to increase this upcoming winter season (dependent on
weather), since the contracted price on salt increased 19% per ton this year. As a result, the new
equipment is expected to save the City an estimated $10,600 during the 2018/2019 winter
season.
Ms. Workin said this grant does not require an additional cash match, although the City will
need to purchase a $200/per truck data fee to access GPS and weather data. The City will also
commit to tracking the amount of salt used and sharing this information with the MWMO. The
City will also partner with the MWMO to educate its residents and businesses on the importance
of and strategies to decrease salt use on their properties. Staff recommends the City Council
move to approve the attached Mississippi Watershed Management Organization Grant
Agreement#2021824 for the purchase of Smart Salting Best Management Practices.
Councilmember Bolkcom said this is a great project and asked if brine salt was more effective
at different temperatures.
Jim Kosluchar, Public Works Director, replied that brine reduces the melting point temperature
of road salt and is more effective at lower temperatures-5 to 10 degrees.
MOTION by Councilmember Bolkcom to approve the Capital Project Grant Agreement
between the City of Fridley and the Mississippi Watershed Management Organization for Smart
Salting Best Management Practices. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS:
10. Business Licenses.
Councilmember Bolkcom noted that Duir Massage had no massage therapist listed and she did
not think the business should be approved with no therapist listed.
Wally Wysopal, City Manager, replied that Duir Massage with Cynthia Miller was a word
processing error and she should be listed as the massage therapist.
MOTION by Councilmember Bolkcom to approve the Business Licenses with the addition of
Cynthia Miller listed as a therapist under Duir Massage. Seconded by Councilmember Varichak.
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13,2018 PAGE 8
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
12. Resolution Approving a Transit Oriented Development Master Plan, TOD #18-01
by Sherman Associates Development, LLC, on Behalf of the Property Owner, the
City of Fridley Housing and Redevelopment Authority, to Allow the Development of
the Properties Generally Located at 6050 Main Street N.E. (Ward 3)
Scott Hickok, Community Development Director, said there are three land use items that are
being requested to allow for the development of the property located at 6050 Main Street and the
Northstar Commuter Rail East Fridley Station site: Rezoning request to S-2, plat request to
create new lots for each portion of the development including a lot for the Metro Transit parking
lot, and the TOD Master Plan. The land use items will allow the construction of a 270-unit
mixed income, transit-oriented, multi-family residential development within three buildings.
The phased project will allow for the construction of a 95-unit market rate building, a 103-unit
independent senior market rate building, and a 72-unit affordable multi-family building.
Mr. Hickok said when reviewing the construction estimates, petitioner learned that the cost per
unit to build the senior building was significantly higher than the other two buildings. This was
due to the fact that it has a much larger footprint, which means an increase in concrete
foundation and footings. The number of total parking stalls will remain the same at 162. There
is a reduction of 36 underground parking stalls but those stalls have been added to the surface
parking lot, keeping the total at 162 stalls.
Mr. Hickok said staff received the traffic study on November 6, 2018, and it indicated the
roadways and intersections will be acceptable with the expected traffic resulting from the
proposed development. The recommendations that were given relate to making sure bicycle
parking is accessible and available, that drop-off circles at each building are sufficiently signed
and striped, and encouraging on-site loading/unloading to occur outside of peak periods. TOD
overlay allows for flexibility when designing a development project that encourages dense,
mixed use, and pedestrian-friendly developments. It was also created to provide life cycle
housing for people of different income levels and housing space needs within one half mile of
the train station.
Mr. Hickok stated in the packet is a list of all the performance standards the petitioner is
required to meet as part of a TOD project. Some of those standards are related to lot coverage,
setback, height, façade articulation, building face, parking, landscaping, sidewalks and lighting.
The petitioner has designed the project that meets the TOD standards and will achieve what the
City and HRA was hoping to see with development of this land. The Planning Commission
reviewed TOD #18-01 in conjunction with the other land use requests for this project at their
September 19 meeting. The Planning Commission recommended approval of the TOD master
plan with the added stipulation requiring a fence be installed between the project and Parson's
Electric to the south. City staff recommend concurrence with the Planning Commission and that
Council approve the resolution with the addition of Exhibit C which Council received tonight.
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13,2018 PAGE 9
Bryant Ficek, Spack Consulting, said he has been working with Mr. Hickok studying the
parking for this development. They have taken counts out at the site and feel good with what is
going on and about the future parking with adding the new development. There are currently 40
people parking there and projections are 80. Looking into the future with projecting traffic, they
estimate at peak hours 70 vehicles in the morning and 100 in the afternoon which is an additional
five vehicles every three minutes. With the added traffic counts and running them through
models per standard operations, the current operations are acceptable. The city code is being met
and so is the traffic study. They also see plenty of parking in the plan and came up with some
minor recommendations; to make sure there was good bicycle parking and signing and striping
for the drop-off area.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2018-56. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
13. Resolution Authorizing Execution of Mutual Aid Agreement with Ramsey County
Fire Chief's Association to Provide for the Automatic Dispatch of the Closest
Emergency Response Unit Regardless of Jurisdictional Boundaries.
Brian Weierke, Public Safety Director, stated the Fridley Public Safety Department and New
Brighton Public Safety Department have agreed to join into an agreement to provide automatic
aid, or "closest unit", for portions of New Brighton and Fridley. Automatic aid allows the 911
dispatcher to "automatically" send prearranged emergency equipment to the city in need. In this
case, Ramsey County dispatch would request a fire engine from Fridley for any "confirmed"
structure fire in the area designated in New Brighton. In return, Fridley would receive automatic
aid from New Brighton of a fire engine for any "confirmed" structure fire in the designated area
in Fridley.
Chief Weierke noted that the agreement is with the Ramsey County Fire Chiefs Association but
allows the Cities of Fridley and New Brighton to determine the extent of the assistance required.
Any party may act by resolution to opt out of its participation with at least 60-days written notice
of termination to the President, the applicable County Emergency Communications Center, and
each of the other Parties. The Fridley Fire Department currently operates under an automatic aid
policy with the SBM, Columbia Heights and St. Anthony Fire Departments. St. Anthony
currently has to travel through New Brighton to reach fires in Fridley and Fridley will
discontinue our auto aid with St. Anthony at the end of 2018. We will continue to work with St.
Anthony Fire within our mutual aid requests.
Chief Weierke said that automatic aid is critical to a quick response and providing enough
firefighters in the event of a structure fire. The City of Fridley relies on automatic aid to meet the
standards for response to a structure fire. This new auto aid with New Brighton will not change
our staffing levels and will provide better coverage for our Fridley community. We are not
anticipating a large effect on the number of fire calls either Fridley or New Brighton will respond
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13, 2018 PAGE 10
to in the future. This auto-aid agreement with New Brighton will go into effect on January 1,
2019. Staff recommends Council's approval.
MOTION by Councilmember Barnette to adopt Resolution No. 2018-57. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
14. Approve Traffic Control Signal Agreement Between the State of Minnesota
Department of Transportation and the City of Fridley and Anoka for the East River
Road Traffic Control Signal Replacement (Ward 3).
Jim Kosluchar, Public Works Director, stated that MnDOT has programmed replacement of the
signal at the 694 Exit Ramp for East River Road for 2019. The existing signal is nearing 42
years old (reconstructed in 1977) and is due for replacement before it becomes unreliable or
maintenance costs become prohibitive. The proposed project includes several upgrades to the
traffic signal system. MnDOT has requested the City of Fridley approve the signal agreement.
Maintenance responsibilities for the signals would remain the same as in the existing signal
agreement. MnDOT is responsible for operation and major maintenance and the City is
responsible for minor signal maintenance and luminaire maintenance, along with power costs.
Mr. Kosluchar said the standard cost share agreement for reconstruction of these signals is 50%
local and 50% MnDOT. The local share of the project would be split between the City of
Fridley and Anoka County. In our historic cost-share agreement with Anoka County, the City
and County would share equally in the local cost of this reconstruction (each paying just over
$125,000). However, staff has been working with the Anoka County Highway Department to
revise and balance this agreement. The result will be that the City of Fridley will share in
providing the cost of the Emergency Vehicle Pre-emption (EVP) system serving our first
responders, and half of any pedestrian-related improvements. This will mean that the City will
provide $18,805.50, while Anoka County will provide $232,321.50 for this project. MnDOT
will provide a matching amount of$251,127.00 for the project.
Mr. Kosluchar said staff has been notified that its Municipal State Aid System (MSAS) fund
advance request has been approved. This will allow the City to use its 2019 MSAS funds to
complete its portion of the project. Staff recommends the City Council adopt the attached
resolutions. If adopted, staff will notify MnDOT and Anoka County of the approval, and
MnDOT will set a bid letting date for the project.
Councilmember Bolkcom noted that this is excellent work and a huge savings. She
commended staff for their work.
Wally Wysopal, City Manager, said that this is a way staff saved $107,000 that otherwise would
have been passed through and now this can be spent in other ways.
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FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 13,2018 PAGE 11
MOTION by Councilmember Bolkcom to adopt Resolution No. 2018-58 Resolution Approving
Agreement with the State of Minnesota Department of Transportation for Replacement of the
Existing Traffic Control Signal at Interstate 694 and East River Road and to adopt Resolution
No. 2018-59 Resolution Requesting Municipal State Aid System Construction Funds for
Construction of a Traffic Control Signal System at Interstate 694 and East River Road. Seconded
by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
15. Informal Status Reports.
Mayor Lund encouraged people to come to the new Civic Campus open house and dedication
on Saturday,November 17 at 10 am.
Councilmember Bolkcom thanked all the citizens for this new beautiful building. Council and
staff are proud of this facility and look forward to the continued development in the surrounding
area.
ADJOURN:
MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:40
P.M.
Respectfully submitted,
Krista Peterson Scott J. Lund
Recording Secretary Mayor
11
iI"IIIIIV
AGENDA ITEM
`ifl CITY COUNCIL MEETING OF
Fridley
NOVEMBER 26, 2018
To: Walter T. Wysopal, City Manager`e1'
From: Deborah Dahl,Director of Community Services and Employee Resources
Date: Nov. 15,2018
Re: Second Reading of an Ordinance Amending Fridley City Code Chapter 3 Entitled Personnel
BACKGROUND
As you know, every organization must determine their operating policies and procedures. Since its
early formation, the City established a Code and adopted Chapter 3 of the City Code to address
Personnel policies. Chapter 3 has had numerous revisions over the years and has not been as
comprehensive or flexible with the ever-changing laws, needs of the organization, or best practices.
Organizations evolve over time and must keep pace with regulations, labor contracts, organizational
vision, budget and general operating strategies. In order to adjust to frequent changes and carry out
the City's vision and to remain competitive in the market for hiring and retaining staff, the
organization needs the flexibility to adapt to and anticipate change with its philosophies, policies
and procedures.
Changing Fridley's Personnel Ordinance or even making minor changes requires a lengthy process,
including review and education, public meetings, etc. In addition, the original City's Personnel
Ordinance interlocks benefits and policies, which can be difficult to change or keep pace with the
market, adjust with trends and/or comply with legal changes.
The City's Employee Handbook was developed and revised in 1999 by then Director Sara Hill,
which attempted to address key policies and contemporary procedures in a simplified format. Over
the years, the Handbook did not adequately replace the Personnel Ordinance and while was seen as
an improvement, it continued to lack the necessary policies, flexibility, and clear guidance for
employees and supervisors.
In addition, our research has also revealed that our model is antiquated and not patterned by other
cities. Cities most often provide a global governance statement that provide authorization to the City
Manager and/or Administrator to develop, revise and execute personnel policies and procedures.
The Need
Staff has identified two immediate needs: 1) to amend Chapter 3 of the Fridley City Code to provide
authority and flexibility to the City Manager to make changes to personnel policies going forward;
and 2) to adopt a resolution amending the City's policy on benefits for city-paid holidays and
amending the annual leave cap for non-union employees.
12
Increase in City Paid Holiday for Non-Union Employees
Staff has proposed to increase the city-paid holiday from eleven (11) to twelve (12) days for 2018
and designate Dec. 31, 2018 as a city-paid holiday for non-union employees. In 2019, it is proposed
that this 12th holiday be a floating holiday going forward each year thereafter. Adding this benefit
will provide equity to non-union employees and line up with those granted to the unions in 2017.
Increase in Annual Leave Cap for Non-Union Employees
Staff is requesting the annual leave cap be raised from 280 to 320 hours (a total of forty hours)to be
consistent with union contracts granted in 2017. This request is also helpful since a number of
employees are currently at their cap and are often unable to use their time, particularly since there
are a number of year-end priorities related to moving the new Civic Campus.
The cost for both proposals would not increase the current budget or the budget in 2019.
Regardless how time is recorded (annual leave, holidays, bereavement leave, etc.), the City budgets
2080 hours for each employee. It is presumed that the additional holiday could result in a loss of
productivity, however, given Dec. 31, 2018 falls on a Monday this year, it is expected a number of
staff will request to take annual leave for that day anyway.
In terms of increasing the annual leave cap, the City is required maintain the liability (carry forward
on its books) for annual leave if unused. While it is hard to predict when the additional forty hours
would be used, it could also be held until the employee separates employment or retires.
Again, the bigger priority for both of these requests are to bring the same benefits for non-union
employees as those already provided to union groups since 2017.
Personnel Policy
Over the comings months, staff will be reviewing the current policies and practices, proposing
amendments and creating new policies and to make rules and regulations for employment. The
current language in the Employee Handbook, Summary of Benefits, department policies/procedures
and CBA's will remain in effect until superseded or replaced by either a new comprehensive policy
manual and/or CBAs, etc. Staff will continue to provide Council with the new policy manual as
well as any changes or amendments.
RECOMMENDATION
1. A motion waiving the second reading and ordering the adoption of an Ordinance Amending
Fridley City Code Chapter 3 Entitled Personnel, as shown in Attachment 1.
2. A motion approving Summary Publication of an Ordinance Amending Fridley City Code
Chapter 3 Entitled Personnel, as shown in Attachment 2.
3. A motion approving a 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, is shown in
Attachment 3.
13
Attachment 1
ORDINANCE NO.
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"
The Fridley City Council hereby finds after review, examination and recommendation of staff
that Chapter 3 related to Personnel be hereby amended and ordains as follows:
SECTION 1: That Chapter 3 Entitled"Personnel" is hereby repealed in its entirety.
SECTION 2: That Chapter 3 Entitled"Personnel" is hereby adopted as follows:
CHAPTER 3. PERSONNEL
3.01. PURPOSE
The purpose of the City's formal personnel policies are to establish standards, conditions and
regulations of work and pay in City employment within the City of Fridley, to be applicable to
all non-union employees of the City. (Ref.182, 636, 985)
3.02. ADMINISTRATION OF POLICIES
The City Manager shall have the power to formulate and execute such administrative policies
and to make rules and regulations for the employment of full-time, temporary/seasonal, part-
time, paid, on-call firefighters, and contract employees, as well as consultants and independent
contractors for services. Such administrative policies, rules, and regulations shall apply to all
City employees unless there is a specific provision to the contrary in this Chapter or in a
collective bargaining agreement entered into by the City. The administrative policies shall
provide for verification and investigation of facts set forth in employment applications, including
examination of criminal and traffic records. (Ref. 1007)
The City Manager, or respective Department Manager, shall have the power to update these
policies at his/her discretion so long as any changes are in compliance with any relevant federal
or state laws, rules and regulations, or other guidelines. The City Manager shall effectively
communicate any changes in policy to the City Council and City employees.
Future significant personnel-related contracts and renewals must be approved by Council.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
26TH DAY OF NOVEMBER 2018.
SCOTT J. LUND - MAYOR
DEBRA A. SKOGEN— CITY CLERK
First Reading: November 13, 2018
Second Reading: November 26, 2018
Publication: December 7, 2018
14
Attachment 2
SUMMARY ORDINANCE NO.
AN ORDINANCE AMENDING FRIDLEY CITY CODE CHAPTER 3 ENTITLED
PERSONNEL
I. Title.
An Ordinance of the City of Fridley, Minnesota, amending Fridley City Code Chapter 3
entitled Personnel.
II. Summary.
The City Council of the City of Fridley does hereby ordain as follows: That Chapter 3 of
the Fridley City Code be hereby amended to allow the City Manager to establish
standards, conditions and regulations of work and pay in City employment within the
City of Fridley.
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 NE, Fridley, Minnesota.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
26TH DAY OF NOVEMBER 2018.
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
First Reading: November 13, 2018
Second Reading: November 26, 2018
Publication Date: December 7, 2018
15
Attachment 3
RESOLUTION NO. 2018 -
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
WHEREAS, in 2014, the City of Fridley established the Vision Statement "We believe Fridley is a
safe,vibrant, friendly and stable home for families and businesses;"and,
WHEREAS, in support of the 2014 Vision Statement, Fridley's leadership comprised of the City
Manager, Department Managers and Supervisors/Managers adopted a set of core operating
principles and values whereby the workforce strives to be "responsive, driven and friendly;"and,
WHEREAS, it is a widely known best practice for organizations (both public,private and non-profit
sectors) to establish and maintain personnel policies and procedures to serve as guidelines and
standards to manage its workforce; and,
WHEREAS, personnel policies help to define the rules, requirements, benefits, and opportunities
are often viewed as a reflection of an organization's vision,goals, and values; and,
WHEREAS, developing clearly written policies and procedures that are documented, updated,
and followed brings structure to an organization and assists in the day-to-day decision-making
processes; and,
WHEREAS, it is recognized that personnel policies, standards and regulations are frequently
impacted due regular and frequent changes driven by complex federal, state, local regulations,
changes in legislature, changes in budget, benefits, workforce demands, union negotiations,
litigation, etc.; and,
WHEREAS, it is necessary for an organization to anticipate and adapt to changes in order to be
successful and to remain competitive; and,
WHEREAS, policies and procedures need to be adaptable to the needs of the organization and
enforced across the organization consistently; and,
WHEREAS, policies and procedures also serve as an internal control method so managers and
employees cannot take free license to make creative or unauthorized decisions; and,
WHEREAS, the City of Fridley's current Personnel Policies — Personnel Ordinance, Chapter 3 in
its current form is antiquated, duplicative, and restrictive; and,
WHEREAS, City staff has reviewed and researched best practices and contemporary policies, rules
and standards for municipalities; and,
WHEREAS, City staff have determined that the current policies, standards and rules warrant
significant revisions to bring them up-to-date with modern and contemporary business practices;
and,
16
Attachment 2
WHEREAS, City staff researched that it appears to be a common practice in local government
charter cities for the authority and control of personnel policies to reside with a City
Manager/Administrator; and,
WHEREAS, in 2016, the Charter Commission recommended a revision to Chapter 6.02 of the
Charter granting the City Manager control and direct the administration of the City's affairs subject
to the provisions of the Charter; and,
WHEREAS, the City Council adopted the revision to its Charter on February 22, 2016, to grant the
City Manager control and direct the administration of the City's affairs subject to the provisions of
the Charter; and,
WHEREAS, it is the intent for the City Manager and Department managers to develop, revise,
administer and maintain the personnel policies and effectively communicate and future changes to
the policies to Council and City employees; and
WHEREAS, the personnel policies, standards and procedures will comply with the powers and
directives and duties identified in Chapter 6.02 of the City Code; and,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Fridley gives the
authority to the City Manager to formulate and execute administrative polices, rules and regulations
for employment; and
BE FURTHER RESOLVED, that the City Council of the City of Fridley hereby approves the paid
holiday leave and annual leave cap employee benefits for non-union employees.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
26TH DAY OF NOVEMBER 2018.
SCOTT J. LUND -MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
17
I-1 AGENDA ITEM
ndley
CITY COUNCIL MEETING OF
NOVEMBER 26, 2018
Date: November 14, 2018
To: Walter Wysopal, City Managejdr,
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Rachel Workin, Environmental Planner
Subject: City of Fridley Energy Action Plan
BACKGROUND
As part of the 2040 Comprehensive Planning Process, the City was required to incorporate
resiliency into its Comprehensive Plan. As a result, the current draft comprehensive plan
recommends that the City take specific actions to reduce the City's contribution to greenhouse
gas emissions. Furthermore, "adopting climate mitigation and/or energy independence goals and
objectives"is a GreenStep Cities best practice.
In order to develop strategic energy goals, the City applied, and was accepted into, Xcel Energy's
Partners in Energy offering. This offering is a two-year program designed to assist cities in
developing and implementing energy action plans which reflect their unique energy needs and
priorities. In March, 2018 the City signed a Memorandum of Understanding to begin the
planning phase of the energy plan. The City formed an Energy Action team comprised of Fridley
residents, business, and institutions. The Energy Action Team was guided through a series of five
workshops by Partners in Energy community facilitators to develop Fridley's Energy Action
Plan. Following adoption of the Plan, Xcel Energy will provide the City with targeted
implementation support for 18 months. This support will include 1)marketing and promotional
materials 2) data tracking 3)program expertise and 4)project management.
The Energy Action Plan is anchored in the attached Energy, Mission, Vision and Goals and was
recommended for adoption by the Environmental Quality and Energy Commission and Planning
Commission. The goals of the City's energy plan will result in a combined energy savings of
over $3 million citywide by 2020 and a 30%reduction in greenhouse gas emissions by 2030.
RECOMMENDATION
Staff recommends that Council approve the Energy Action Plan (summary included in
attachment 1).
18
N IN ENEMY
An Xxel Energy Community Colla4�oratton
MIMI
Fridley
Our Vision
Fridley will 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.
Our Energy Mission
Fridley will continue improving upon its values of being a safe, vibrant, friendly and stable home for
families and businesses by:
1. Increasing sustainable,reliable energy in the grid;
2. Strengthening energy efficient practices and participation; and
3. Supporting innovative strategies and technologies to achieve Fridley's energy vision.
Goals'
Community-wide:
• Reduce energy use 5%by 2020, and 20%by 2030, as compared to business as usual
Residential Energy:
• By 2020, Fridley residents will take 1,200 additional actions toward energy conservation and
renewable energy
• By 2030, residents will reduce total energy use 10 percent, as compared to business as usual
Businesses and Multifamily Buildings:
• By 2020, businesses and multifamily buildings will achieve 5%energy savings
• By 2030, businesses and multifamily buildings will reduce total energy use 20%as compared to
business as usual
Institutions:
• By 2020, institutions will achieve 5% energy savings
• By 2030, institutions will reduce total energy use 15% as compared to business as usual
Transportation and Electric Vehicles:
• By 2020,the City will reach 500 residents and employees through an outreach campaign to raise
awareness about electric vehicles
• By 2020, the City will reach 10 businesses and multifamily buildings through a targeted outreach
campaign to encourage installation of charging infrastructure
• By 2020,the City will install 1 electric vehicle charging station at a city-owned building or
location
1 The business as usual scenario represents a presumed slight increase in energy demand based on
residential and commercial energy demand of about 0.5 percent per year. It is assumed institutions
demand will increase in 2019 when the new civic campus opens, but stay relatively flat in future years.
19
s AGENDA ITEM
� CITY COUNCIL MEETING OF
Fridley
NOVEMBER 26, 2018
Date: November 20, 2018
To: Walter T. Wysopal, City Manager
From: Scott Hickok, Community Development Director
Jim Kosluchar, City Engineer, Public Works Director
Subject: Crown Castle/City of Fridley Amendment to Tower Lease Agreement
INTRODUCTION
In order to build a replacement to its former Public Works building, at 400 71st Avenue NE, Fridley MN.The
City was required to move the existing cell tower from its site and move it to a new location adjacent to 71st
Avenue NE,generally between the new fire apparatus bays and the new public works facility.A 50'x 50' parcel
has been defined for lease purposes. In order to bring the lease current with all the site and tower changes
that were necessary and amendment to the original August 25, 2003 lease agreement was required. Attorney
Karlovich worked with City staff and negotiated the terms of the agreement with counsel for Crown Castle,
consistent with the desires of the City and in conformance with tenant requirements.
ELEMENTS
This is an amendment by and between The City of Fridley, and (Crown Castle on behalf of) NCWPCS MPL 31
— YEAR SITES TOWER HOLDINGS LLC, a Delaware limited liability company, and successor in interest to
AT&T Wireless Services.
In very simple terms, this amendment allowed a new description of the parcel that is the new cell tower
location adjacent to the Civic Campus (Exhibit B). It also provides a new access and utility easement
description to allow the tenant access (Exhibit C). Finally, this agreement provides a new Torrens Certificate
(Exhibit A), which is essential on Torrens property to properly identify and file the location of the tower and
associated property with the Anoka County Recorder's office. The Torrens Certificate has been prescribed
through the essential Anoka County Court process to describe Torrens property.
The attorneys for the parties have negotiated an amendment to the original lease that is clearly defined
and includes acceptable terms to all interested parties.
RECOMMENDATION
Staff recommends approval of the attached amendment to the Lease agreement between The City of
Fridley, and NCWPCS MPL 31 — YEAR SITES TOWER HOLDINGS LLC, a Delaware limited liability company,
and successor in interest to AT&T Wireless Services.
20
FIRST AMENDMENT TO TOWER SITE LEASE AGREEMENT
THIS FIRST AMENDMENT TO TOWER SITE LEASE AGREEMENT (the "First
Amendment") is dated as of , 2018, by and between THE
CITY OF FRIDLEY, a Minnesota municipal corporation (hereinafter "Landlord") with an
address of 6431 University Avenue NE, Fridley, Minnesota 55432 and NCWPCS MPL 31 —
YEAR SITES TOWER HOLDINGS LLC, a Delaware limited liability company, successor in
interest to AT&T Wireless Services of Minnesota, Inc., a Nevada corporation (hereinafter
"Tenant"), by CCATT LLC, its Attorney in Fact (hereinafter "CCATT"), having a place of
business at 2000 Corporate Drive, Canonsburg,Pennsylvania 15317.
WITNESSETH:
A. Landlord and Tenant are parties to that Tower Site Lease Agreement dated August
25, 2003 ("Tower Site Lease Agreement") for the lease of a portion (the "Original
Leased Premises") of certain property owned by the City("Original Property") for the
installation and operation of a communications tower, guyed lines and lights, as well
as other equipment ("Original Communications Facility") more specifically set forth
in the Tower Site Lease.
B. The Tower Site Lease Agreement granted the Tenant an easement for access
("Original Access Easement") as well as a utility easement ("Original Utility
Easement").
C. Landlord is developing the Original Property and Tenant's use of the Original Leased
Premises and the Original Communications Facility conflicts with Landlord's
development.
D. Landlord is the owner of property legally described on the attached Exhibit A ("New
Property").
E. Landlord and Tenant, and subtenants have executed a Tower Relocation Agreement
pursuant to which the Original Communications Facility has been removed and a new
Communications Facility (the "New Communications Facility") has been relocated to
a portion of the New Property and which is legally described on the attached Exhibit
B ("New Leased Premises"), and the Access Easement and Utility Easement have
1
21
been relocated to a portion of the New Property and which is legally described on the
attached Exhibit C ("New Access and Utility Easement").
F. Landlord and Tenant desire and agree to amend the existing Tower Site Lease
Agreement to reflect the rental of the New Leased Premises on the New Property, the
use of the New Access and Utility Easement, and to establish the effective date for
the said modifications to the Tower Site Lease Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
contained herein and for other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
1. All capitalized terms, not otherwise separately defined herein, shall have the meanings
ascribed to them in the Tower Site Lease Agreement.
2. The effective date ("Effective Date") of this First Amendment shall be
3. As of the Effective Date of this First Amendment, Landlord hereby leases to Tenant the
New Leased Premises legally described on the attached Exhibit B, and grants to Tenant
the New Access and Utility Easement, legally described on the attached Exhibit C.
4. As of the Effective Date of this First Amendment, Landlord hereby contemporaneously
terminates the lease of the Original Leased Premises, and the Original Access Easement
and the Original Utility Easement identified and legally described on Exhibits B, C and D
of the Tower Site Lease Agreement, respectively. The New Leased Premises, New
Access and Utility Easement shall be subject to the same terms of the Tower Site Lease
Agreement, except as said terms are amended by this First Amendment.
5. All terms and conditions of the Tower Site Lease Agreement remain in full force and
effect to the extent not amended by this First Amendment.
6. This First Amendment may be executed in any number of counterparts, each of which shall
be deemed an original but all of which shall constitute one and the same instrument.
2
22
IN WITNESS WHEREOF, the parties have executed this First Amendment as of the
day and year first above written.
LANDLORD: CITY OF FRIDLEY, a Minnesota municipal
corporation
By
Scott Lund, Mayor
By
Walter Wysopal, City Manager
STATE OF MINNESOTA )
ss.
COUNTY OF ANOKA )
The foregoing instrument was acknowledged before me this day of
, 2018, by Scott Lund and Walter Wysopal, the Mayor and City
Manager of the City of Fridley, a Minnesota municipal corporation, on behalf of the municipal
corporation, and that the seal affixed to this instrument was signed and sealed on behalf of said
municipal corporation by authority of its City Council and said Mayor and City Manager
acknowledged said instrument to be the free act and deed of said municipal corporation.
Notary Public
3
23
TENANT: NCWPCS MPL 31 —YEAR SITES TOWER
HOLDINGS LLC, a Delaware limited liability
company
By: CCATT LLC, a Delaware limited liability
company, its Attorney in Fact
By:
Name:
Title:
Date:
STATE OF )
ss.
COUNTY OF )
On this day of , 2018,before me a Notary Public within
and for said County, personally appeared to me personally known,
who being by me duly sworn, did say that he/she is the
of CCATT LLC, a Delaware limited liability company as Attorney-In-Fact for NCWPCS MPL 31
— YEAR SITES TOWER HOLDINGS LLC, a Delaware limited liability company, pursuant to
that Limited Power of Attorney dated November 25,2013.
Notary Public
4
24
EXHIBIT A(NEW PROPERTY)
(TORRENS CERTIFICATE OF TITLE NO. 138838)
SITUATED IN THE COUNTY OF ANOKA, STATE OF MINNESOTA:
LOT 1, BLOCK 1, AND OUTLOTS B.AND D, LOCKE PARKE POINTE.
SUBJECT TO DRAINAGE AND UTILITY EASEMENTS AS SHOWN ON PLAT, LOCKE
PARKE POINTE, RECORDED AS DOCUMENT NO. 549318.01 ON JUNE 19, 2017.
SUBJECT TO A PERPETUAL EASEMENT HELD BY THE CITY OF SAINT PAUL AND
BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL TO DIVERT,
TAKE AND DRAW WATER FROM LAKE BALDWIN IN THE COUNTY OF ANOKA,
STATE OF MINNESOTA TO SUPPLY THE INHABITANTS OF THE CITY OF SAINT
PAUL.
SUBJECT TO THE RESTRICTION AS CONTAINED IN DOC. #43029 THAT AT NO TIME
WILL THE GRANTEE MAKE USE OF THE PREMISES OR ALLOW THE USE OF THE
PREMISES AS A PLACE FOR THE SALE OF OR CONSUMPTION OF INTOXICATING
BEVERAGES.
5
25
EXHIBIT B(NEW LEASED PREMISES)
THAT PART OF LOT 1, BLOCK 1, LOCKE PARK POINT, ANOKA COUNTY,
MINNESOTA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1, THENCE NORTH 89
DEGREES 49 MINUTES 40 SECONDS WEST, ALONG THE NORTH LINE OF SAID LOT
1, A DISTANCE OF 613.40 FEET; THENCE SOUTH 00 DEGREES 10 MINUTES 20
SECONDS WEST, 10.00 FEET TO THE POINT OF BEGINNING OF THE LEASE AREA TO
BE DESCRIBED; THENCE SOUTH 00 DEGREES 10 MINUTES 20 SECONDS WEST, 50.00
FEET; THENCE NORTH 89 DEGREES 49 MINUTES 40 SECONDS WEST, 50.00 FEET;
THENCE NORTH 00 DEGREES 10 MINUTES 20 SECONDS EAST, 50.00 FEET; THENCE
SOUTH 89 DEGREES 49 MINUTES 40 SECONDS EAST, 50.00 FEET TO THE POINT OF
BEGINNING AND TERMINATING THEREAT.
CONTAINING 2,500 SQUARE FEET (0.06 ACRES) MORE OR LESS.
6
26
EXHIBIT C (NEW ACCESS AND UTILITY EASEMENT)
A NON-EXCLUSIVE 20.00 FOOT WIDE EASEMENT FOR ACCESS AND UTILITY
PURPOSES OVER, UNDER AND ACROSS THAT PART OF LOT 1, BLOCK 1, LOCKE
PARK POINT, ANOKA COUNTY, MINNESOTA, BEING 10 FEET ON EITHER SIDE OF
THE CENTERLINE DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1, THENCE NORTH 89
DEGREES 49 MINUTES 40 SECONDS WEST, ALONG THE NORTH LINE OF SAID LOT
1, A DISTANCE OF 613.40 FEET; THENCE SOUTH 00 DEGREES 10 MINUTES 20
SECONDS WEST, 40.00 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE TO
BE DESCRIBED; THENCE SOUTH 89 DEGREES 49 MINUTES 40 SECONDS EAST, 30.82
FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUE
SOUTH 89 DEGREES 49 MINUTES 40 SECONDS EAST, 37.00 FEET; THENCE NORTH 00
DEGREES 10 MINUTES 20 SECONDS EAST, 40.00 FEET TO THE SOUTH RIGHT OF
WAY LINE OF 71ST AVENUE NORTHEAST AND TERMINATING THEREAT.
TOGETHER WITH A NON-EXCLUSIVE 20.00 FOOT WIDE EASEMENT FOR ACCESS
AND UTILITY PURPOSES OVER, UNDER AND ACROSS THAT PART OF LOT 1,
BLOCK 1, LOCKE PARK POINT, ANOKA COUNTY, MINNESOTA, BEING 10 FEET ON
EITHER SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS:
FROM "POINT A" DESCRIBED ABOVE; THENCE SOUTH 00 DEGREES 10 MINUTES 20
SECONDS WEST A DISTANCE OF 30.00 FEET AND TERMINATING THEREAT.
NOTE: THE SIDELINES OF THE ABOVE DESCRIBED EASEMENT ARE TO BE
SHORTENED AND/OR EXTENDED TO TERMINATE AT THE SOUTH RIGHT OF WAY
LINE OF 71ST AVENUE NORTHEAST.
CONTAINING 2,556 SQUARE FEET (0.06 ACRES) MORE OR LESS.
7
27
AGENDA ITEM
ff-, /
COUNCIL MEETING OF NOVEMBER 26, 2018
ridl
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` CITY COUNCIL MEETING OF
Fridley November 26, 2018
To: Walter T. Wysopal City Managera,/
From: Scott Hickok Community Development Director
Brian Weierke Public Safety Director
Pat Wolfe Rental Division Manager
Jeff Guest Lieutenant Fridley Police Department
Date: November 19, 2018
Re: Public Hearing and First Reading of an Ordinance for Text Amendments for
Chapter 220
Introduction
A text amendment is being proposed for Chapter 220 of the Residential Property Maintenance and
Licensing Code. The text amendment being proposed will update, revise and add language to the
existing code previously written in 1993. The existing version is still used, with the majority of the
ordinance staying in effect.
Elements
During the September 24, 2018 City Council pre meeting, Chief Weierke presented the Mayor and
Councilmembers an overview of the most significant additions pertaining to Chapter 220.14
Conduct on Licensed Premises. Chief Weierke assigned his department staff to perform research to
determine how the City of Fridley's rental codes compared to surrounding cities, mainly in regard
to the Conduct Section of the Code. It was determined by staff the code was outdated. To bring the
current code more in line with other cities, Scott Hickok and Chief Weierke started a Rental
Housing Initiative to include Community Development, Police and Fire. The three departments
have reviewed and revised Chapter 220.
The Public Hearing notice was published in the November 16, 2018 edition of the Sun Focus.
Recommendation
Staff recommends Council hold the Public Hearing and adopt the first reading of the attached
ordinance.
Attachment
52
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 strut 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
--- - __ . . -- --- - - - • -- - -
220.04. PURPOSE
This Chapter establishes licensing, inspection and maintenance requirements for property rented
as dwelling unitsrental dwellings.
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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 4-.,.,4e+, Sty U t :e 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
2
54
purpose of sleeping, but shall not include any kitchen or dining area.
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 dwell ingbuilding containing multiple dwellings in which portions are designated for
separate ownership and the remainder of which is designated for common ownership solely by
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 building or
one or more portions of a building occupied or intended to be occupied for residential purposes.
10. Dwelling, Multiple.
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.
•
13. Dwelling Unit.
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55
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. marriage. or adoption. including
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.
• b•- . . - • • - - - - - - . - . .•-. • . . -
family whether or not the total persons other than the live in staff or principal occupant
exceeds five (5).
19. Floor Area, Gross.
The sum of the gross horizontal area of the several floors of a structure or structures measured
4
56
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.
26.27.Kitchen.
A habitable room within a dwelling unit intended to be used for the cooking of food or the
preparation of meals.
28. 27. Let, Operate. or Rent.
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57
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 of property licensed as a rental dwelling pursuant
to this Chapter.
230. Living Room.
A habitable room within a dwelling unit which is intended to be used primarily for general
living purposes.
29,31. 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.
30.32. 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
nesota State Building Code, including the most recent adopted version of the International
Building Code and International Residential Code incorporated therein by reference.rnost 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.
35. 36. Occupancy.
The purpose for which a structure, or part thereof, is used or intended to be used.
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58
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
compensation for the use of a unit in a rental dwelling or for the use of an accessory structure.
38. Operator, Manager, Caretaker, or Agent
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 . - • •• •. - -- - • - . - - - -
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 othem ise having control of the property. .
49: 40. Person.
A natural person. that person's heirs. executors. administrators or assigns. and also a firm.
•
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.
43. Property.
All land and structures and systems therein, platted lots or parts thereof or an unplatted parcel of
7
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land.
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.
Proper Connection to an Approved Water System.
A functioning plumbing connection free from defects, leaks or obstructions providing a potable,
controllable flow of water.
___Public Areas.
Those areas which are normally used by or open to the general public, regardless of access
restriction by a locked exterior door.
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.
_:_ _Rental Dwelling or Rental Dwelling Unit.
A dwelling or dwelling unit and accessory structure (if any) let for rent or lease. The term rental
Repair.
To restore to a sound and acceptable state of operation, serviceability or appearance in the
determination of the City.
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Retaining Wall.
A wall or structure constructed of stone, concrete, wood, or other materials used to retain soil,
as a slope transition, or edge of a planting area.
Rodent Harborage.
Any place where rodents live, nest or seek shelter.
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'.
Safe.
The condition of being free from danger and hazards which may cause accidents or disease.
=_ 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.
Structure.
Anything constructed or erected which requires location on or under the ground or attached to
something having location on or under the ground.
54. Uniform Building Code (U.B.C.).
55. 57. Unsafe.
As applied to a structure, a condition or combination of conditions which are dangerous or
hazardous to persons or property.
4( - Unsanitary.
Conditions which are dangerous or hazardous to the health of persons.
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57. 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.
5s. 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 the, occup or
controlL 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.
220.10. MINIMUM STANDARDS FOR PRINCIPAL STRUCTURES
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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.
D. Retaining Walls
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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 ornamental 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.
K. Grading and Drainage.
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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
All plumbing 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 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;
E. Every public hall and stairway in every multiple family dwelling shall be adequately
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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 during the period from October 15 through April 15, consistent with the Minnesota
Cold Weather Rule.: at an outside temperature of 20 degrees F. at a point 3-feet 36
inches above the floor in all habitable rooms, bathrooms, and water closet
compartments in every dwelling unit located therein.
B. Gas or electric appliances designed specifically for cooking or water heating purposes,
and portable heating equipment, shall not be considered primary heating facilities
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 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.
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
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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 six (6) 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
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
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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
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
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exterior of the unit. Manually operated flush bolts or surface bolts are not permitted.
must be capable of being locked from the exter'• • : . . . - •- .. .. -
• •
•
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
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.
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_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
of the months of November through April shall comply with the following weatherization
requirements:
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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
occupants of a seiii n,
1. Heating systems that are unsafe due to: burned out or rusted out heat exchangers (fire box);
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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 114.B.C., or
other approved one hours assembly.
C. All multiple unit dwellings or condominiums having more than ene two (2) levels and
where the lowest level is at an elevation less than grade and having the exit at grade
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.
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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 - •- • •• -• . = -• - - -• •-•. •rental 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 chapterOrdinance, other Fridley ordinances, and the laws
and rules of the State of Minnesota. Each such operatingrental license shall be issued annually
and shall expire on the anniversarytwelve months from the date of issuance. Licensc
renewalRenewal applications shall be filed at least thirty (30) days prior to license expiration
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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.
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 dwelling or dwelling unitrental 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 220.13.09. (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 220.13.08. (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.
4.!
A - . : !:- - . A :: .Application Requirements and Process.
A. Application Requirements. License application or renewal s shall be made by the owner
of record rental units or a legally constituted agent or operator of the property.
Application forms may be acquired from and subsequently filed with the Compliance
Official within the Community Development Rental Licensing/Inspection Division. The
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applicant shall supply the following information as well as all other information
reques.. i on the Rental License application:
(1) Name, address, and telephone number and email address of the dwelling
eproperty 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:
corporate officers of a corporation. 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, and 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.
Chisaco. 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 chance 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
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-
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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.
7. Inspection.
- .. • .- - . •- - . . .
owner or operator as to the date and time of the inspection. Every occupant of a dwelling unit.
Jhall give the owner or operator thereof, or his/her agent or employee, access to any part of such
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 Ordinance, the Compliance Official may seek a court
order authorizing such inspection.
8,5. 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 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
written approval of the Compliance Official. A license issued hereunder is transferable providing
that the new owner. partners. or corporate officers submit to the Compliance Official within five
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(5) business days after legally acquiring ownership of the licensed rental dwelling(s), a License
Transfer Form (supplied by the City). along with the required transfer fee. Failure to submit the
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.
10. The City Council may revoke, suspend, deny, or decline to renew any Rental License
applied for or issued under this Chapter as detailed here.
A. Notification. - - -- • -- - - . - -
be notified in writing pursuant to Section 220.15 of this Chapter at least twenty (20)
days prior to a hearing 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 or suspension 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
• - • -• -- - -.• ' - - - 0.-b: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, or 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 dwelling(-s) 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.
D. An operatingA Rental 4License may also be suspended, denied, converted to a
provisional license, not renewed, or revoked for any of the following reasons:
•
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(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.
(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.
(5)(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 operatinga Rental 4License 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 manner 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.
44,8 Posted to Prevent Occupancy.
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Whenever any dwelling or individual dwelling unit has been denied a license, has had its
operating license suspended or revoked pursuant to Section 220.14, 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.
12.9. 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.
1 3.10.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.
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.
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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 statues regarding completion of background checks on
managers. caretakers or agents.
I21-. 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 matter and engage 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
- .. - • •- - - - -s - . :illegal
conduct in violation of the listed statutes:
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;
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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.
O. Minn. Stat. SS 609.78 which prohibits interfering with -911- phone calls.
P. Minn. Stat. SS 609.229 (Crime committed for benefit of a gang).
Q. Minn. Stat. SS 609.26. subdivision 1(8)(causing or contributing to a child being a
runaway).
R. Minn. Stat. SS 609.903 (Racketeering).
S. Minn. Stat. SS 617.23 (Indecent Exposure).
T. Minn. Stat. SS 609.595 (Criminal damage to property).
U. Minn. Stat. SS 152.027 subd.4. (Unlawful sale or possession of small amounts of
marijuana).
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V. Minn. Stat. SS 260B.425 (Contributing 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
of 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 by first class mail of the 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
ectionnotice 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 _ 'ss 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.-if
• • - - - - - - -` - - - , If no written report is
received within the required timeframe for response. the rental dwelling license for the
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 220.13.09. The owner shall notify the tenant or tenants within
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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 any-two (2) previous instances for
which notices (pursuant to this section) were sent to the licensee_regarding the same dwelling
unit, the rental dwelling license for the individual rental unit, 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 220.13.09.
6. No adverse license action shall be imposed if the violation to 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
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.
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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 220.17, 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
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.
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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
of the public and a public nuisance within the meaning of this Chapter and Chapter l 10.
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.
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.
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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 performance of
duties set forth in this Chapter.
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:
Second Reading:
Publication Date:
34
86
AGENDA ITEM
[11F1rid1le:fCITY COUNCIL MEETING
OF NOVEMBER 26, 2018
To: Wally Wysopal, City Manager
From: Annie Leibel, HRA and City Management/Elections Asst.
Paul Bolin, HRA Asst. Exec. Director
Date: November 8, 2018
Re: Transfer of City Property to Fridley HRA to Facilitate Redevelopment
The new Civic Campus is almost complete and the Fridley HRA has an Exclusive Negotiations
Agreement with Steve Dunbar of Ivy Properties to redevelop the existing Municipal Center.
Dunbar is working with Ebenezer Homes, part of Fairview Health Services, to develop a 134
unit senior"with services"building. The building would include assisted living as well as
memory care units. Ivy Properties plans to build and own the property, as Ebenezer prefers to
work with development/investment groups than to build and own the building. Currently, the
Fridley HRA owns portions of the property, and the City owns others. When the City transfers
property it is done by ordinance. An ordinance has been prepared and attached.
mcg
ti '-'
i , The City owns Lot 6, Lots 8,9,10,11,12,13,
f t.' 4 ' Block 1, Fridley Plaza Center, Anoka County,
,, : Minnesota(shown in blue below). These parcels
include most of the City Hall building and plaza
1: area, including the police garage. The Fridley
. , :' HRA owns Lot 7, 15, 16, Block 1 and Lot 2
C L > i. ' Block 2 (shown in pink). These parcels include
.0 a_ '.l 3 the access drive between 6499 University and
, , -y ,» I City Hall, City Hall parking lot, 6401
University's parking lot, some of 6341
'`` =_ t, , ` - • University's parking lot, and a small area near
Fourmies and 6401 University. The aerial image
above shows parcel ownership. There is also a
1 i
t' _ , map in attachment 1 that shows each parcel
l . lot r. ly
,,,, ,„* more distinctly.
.u•.c.Cla..-
M S E
i
!w -
f
—;-'_it 'ft`s
87
In addition, the University Avenue frontage road between Mississippi Street and Fourmies
Avenue is planned to be vacated. This would give an additional 38 feet of property to each parcel
along the frontage road. The right of way to be vacated, is included in this transfer.
The property is to be sold to the Dunbar Group, for the appraised fair market value amount of
$2.2M. The Authority will return all proceeds above its' actual costs, and the eligible
extraordinary development costs incurred by Dunbar, to the City. This deal structure is typical
for HRA redevelopment projects. There is no indebtedness on the property.
Staff recommends a motion holding a Public Hearing and first reading of the proposed ordinance
of Sale and Transfer of City Property to Fridley HRA for Redevelopment.
88
PUBLIC HEARING
BEFORE THE
CITY COUNCIL
Notice is hereby given that there will be a public hearing of the
Fridley City Council at the Fridley Municipal Center, 7071
University Avenue N.E. on Monday, November 26, 2018, at 7 : 00 p.m.
For the purpose of:
Consideration of an Ordinance to transfer property to the
Housing & Redevelopment Authority in and for the City of
Fridley, to facilitate the redevelopment of the Fridley
Municipal Campus generally located at 6431 University Avenue
NE. The legal description is on file and available at the
Fridley Municipal Center.
Any and all persons desiring to be heard shall be given an
opportunity at the above stated time and place. Any questions
related to this item may be referred to Stacy Stromberg, Planner,
763-572-3595 .
Hearing impaired persons planning to attend who need an interpreter
or other persons with disabilities who require auxiliary aids
should contact Roberta Collins at 763-572-3500 no later than
November 19, 2018 . The TDD number is 763-572-3534 .
DEBRA A. SKOGEN
CITY CLERK
CITY OF FRIDLEY
Publish: November 16, 2018
89
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
90
...,
AGENDA ITEM
JJFridlj
CITY COUNCIL MEETING OF
ey
November 26, 2018
To: Walter T. Wysopal, City Manager,
Mayor and City Council
From: Daniel Tienter, Director of Finance/City Treasurer
Korrie Johnson, Assistant Director of Finance
Date: November 26, 2018
Re: Resolution providing for Water Utility, Sanitary Sewer Utility, Storm Water Utility
and Solid Waste Abatement Fees and Rates for 2019
In 2017, the City authorized Ehlers, Inc. (Ehlers) to conduct a Utility Rate Study (Study) for both
the Water and Sanitary Sewer Utility Funds for 2018 and several subsequent years. On September
25, 2017, the City Council (Council) accepted the findings of the Study and adopted its
recommendations effective January 1, 2018. Generally, the Study identified a revenue structure
designed to stabilize rate changes over time and create a more equitable approach among user
classifications in addition to other goals.
On October 22, 2018, the Council reviewed the year—to—date status of the Study recommendations
and revised revenue structure along with a series of recommendations from staff for fee and rate
modifications for 2019, which are summarized below. Additionally, the City also operates a Storm
Water Utility and provides Solid Waste Abatement (i.e., recycling) services for the community;
proposed changes to those fund are also outlined below.
Water Utility Fund
Since 2012, per capita residential water consumption declined approximately 22%, despite an
increase in area population of approximately 3%. As such, the Water Utility Fund must continue to
service more users while experiencing a reduction in its principal revenue source — water
consumption volume. As such, the City, in concert with the Study recommendations, modified the
Water Utility fees and rates to address this revenue issue.
However, based on the October 22, 2018 analysis as presented to the Council, staff currently
estimate year—end actual to be approximately $100,000 less than the 2018 projection as provided by
the Study, due to a decrease in water usage. In order to maintain the equitable treatment among
user classifications and ensure an appropriate amount of revenue to operate the Water Utility, staff
recommend the Council increase the usage rates for residential users by 3.0% and
commercial/industrial users by 3.0 % to 6.0%. Also, given the reduction in water usage over time
91
and the encouragement from the Metropolitan Council to continue conservation efforts, staff
recommend a 10.0% increase in the base fee, which would result in an increase for residential users
of $2.00 per quarter or $0.67 per month and $5.00 per quarter or $1.67 per month for
commercial/industrial users.
Sanitary Sewer Utility Fund
Generally, Sanitary Sewer Utility Fund revenues are dependent upon water consumption. With the
continuing decline in water usage, and the ever—increasing sanitary sewer charges and fees imposed
by the Metropolitan Council, which are estimated to increase approximately 9.2% for 2019, the
Sanitary Sewer Utility Fund fees and rates continue to increase accordingly. At present, charges—
for—service from the Metropolitan Council comprise about 70% of all Sanitary Sewer Utility Fund
expenditures.
However, as discussed on October 22, 2018, following the fee and rate modifications consistent
with the Study, staff currently estimate the Sanitary Sewer Utility Fund to exceed revenue
projections by approximately $200,000. As such, staff recommend the Council increase the usage
rates by 4.4%, but maintain the current base fee of$50 and $100 for residential and small multiple
family users, respectively. For large multiple family and commercial/industrial users, staff
recommend an increase in the base fee of 5.0%, or $1.00/quarter or$0.33/month.
Storm Sewer Utility Fund
Based on the Proposed 2018 Budget, staff anticipate the Storm Water Utility Fund to support
approximately $1,373,000 in capital projects as well as $1,151,000 in operational expenditures.
Additionally, staff estimate another $2,655,000 of projects between 2020 and 2023. Given these
planned expenditures, staff recommend a 3.5% increase in the Storm Water Utility Fee, or $0.32 per
quarter for a residential lot and $0.97 per acre.
Solid Waste Abatement Fund
At the September 10, 2018 Conference Meeting, the Council reviewed various Request for Proposal
(RFP) for recycling services as well as information pertaining to the prevailing market trends and
factors related to recyclable materials. Given the dynamics outlined in the discussion, staff
recommend a 10% increase, or $0.82 per quarter, in the Recycling Fee for 2019, which will offset
the anticipated cost increase in the recycling services contract. At present, these services account
for approximately 83% of the Solid Waste Abatement Fund Budget expenditures.
Financial Impact
Generally, the recommended changes in the charges—for—service will allow each fund to respond to
its various cost pressures while increasing the overall sustainability of their operations and limiting
the need for future borrowing to support certain capital expenditures.
Based on the above information, staff recommend the Council adopt the proposed fees and rates for
the various funds as outlined in the attached resolution (Attachment A).
92
RESOLUTION NO. 2018 -
RESOLUTION PROVIDING FOR WATER, SEWER, STORM WATER& RECYCLING
RATE CHANGES FOR 2019
WHEREAS, Section 402.20 and 113.11 of the City Code provides that the City Council shall
have the authority to set water, sewer, storm water and solid waste abatement(recycling)rates by
resolution; and
WHEREAS, it is necessary to provide an increase of revenue in order for the utility and solid
waste abatement funds to be self-sustaining without relying on debt to fund ordinary capital
outlay, and to maintain low to moderate rate increases; and
WHEREAS, the following rate structure and rates are to be effective with the first billing in
2019.
NOW THEREFORE, be it resolved, that the following water, sewer, storm water and recycling
fee schedules for all customers shall be as follows for the year 2019:
2019 Water Rate and Structure
Volume Rate
Fixed per 1,000
Property Class Charge Gallons
Residential
Actual Consumption (Quarterly 0-8,000) $20.00 $2.32
Actual Consumption (Quarterly 8,001-16,000) $20.00 $2.67
Actual Consumption (Quarterly 16,001-24,000) $20.00 $3.20
Actual Consumption (Quarterly over 24,000) $20.00 $4.00
Multi-family
All Usage $20.00 $2.67
Commercial
Actual Consumption(Quarterly 0-250,000) $2.32
Actual Consumption (Quarterly 250,001-500,000) See $2.75
Actual Consumption (Quarterly 500,000-1 million) Below $3.16
Actual Consumption(Quarterly over 1 million) $3.63
Meters less than 1" $20.00
Meters 1" and greater $55.00
Irrigation
All Usage $20.00 $4.00
93
2019 Sewer Rate and Structure
Volume Rate
Fixed per 1,000
Property Class Consumption Basis Charge Gallons
Residential Winter Quarter Water Usage $50.00 $5.95
(fixed charge includes 1' 8,000 gallons)
Multifamily 3 units or less (fixed charge Winter Quarter Water Usage $100.00 $5.95
includes 1st 24,000 gallons)
Multifamily 4 units or more Current Quarter Water Usage $21.00 $5.95
Commercial Current Quarter Water Usage $21.00 $5.95
2019 Storm Water Fee and Structure
Fee to increase from $27.74 in 2018 to $28.71 in 2019 per acre per quarter—residential lots are
defined to be 1/3 of a Residential Equivalency Factor (REF) acre, which equates to $9.56 per
quarter for residential properties in 2019 ($9.24 in 2018).
2019 Solid Waste Abatement Fee and Structure
Fee to increase from $8.20 in 2018 to $9.02 in 2019 per quarter—fee is per residential dwelling unit
up to 12 units per property.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26th
DAY OF NOVEMBER, 2018.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
94
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AGENDA ITEM
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CITY COUNCIL MEETING OF
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NOVEMBER 27, 2018
TO: Walter Wysopal, City Managerr‘ PW18-067
FROM: James Kosluchar, Public Works Director
DATE: November 21, 2018
SUBJECT: Agreement Authorizing the Donation of Real Property to the City of Fridley
Since late last year, our City Attorney's office has been working with the legal staff from Ralcorp
(aka Treehouse Foods)to establish receipt of a donation of property from this company. As you
may recall,the subject property was required for the City of Fridley to construct a stormwater pond
as part of the Oak Glen Creek Pond Expansion project that began in 2017. At that time, we had
advised staff at Treehouse Foods that the City of Fridley would accept a donation of the subject
property if they preferred over their donation of an easement over the subject property.
The City Attorney has developed the attached agreement and accompanying resolution that
conveys the property to the City of Fridley. The resolution also approves execution of an access
agreement in favor of the City of Fridley to specifically allow access to the property.
Staff recommends the City Council move to approve the attached resolution Authorizing the
Donation of Real Property to the City By Ralcorp Frozen Bakery Products, Inc. Pursuant to
Minnesota Statutes§465.03. If approved, staff will notify Treehouse Foods of the approval, and
will have documents fully executed and recorded.
JPK:jpk
Attachments
96
CITY OF FRIDLEY
ANOKA COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION AUTHORIZING THE DONATION OF REAL PROPERTY
TO THE CITY BY RALCORP FROZEN BAKERY PRODUCTS,INC.
PURSUANT TO MINNESOTA STATUTES § 465.03
WHEREAS, Ralcorp Frozen Bakery Products, Inc., a Delaware corporation ("Ralcorp"
or "Donor") owns 1.3 acres of property in the City of Fridley, County of Anoka, State of
Minnesota, legally described as follows:
That part of Lot 3, Block 4, Commerce Park, according to the recorded plat thereof,
Anoka County, Minnesota, which lies east of a line beginning at a point on the north line
of said Lot 3 being 205.00 feet east of the northwest corner of said Lot 3; thence
southerly to a point on the south line of said Lot 3 being 125.00 feet east of the southwest
corner of said Lot 3 and which lies northwesterly of the following described line:
Commencing at the northeast corner of said Lot 3; thence North 89 degrees 55 minutes
02 seconds West, along the north line of said Lot 3, a distance of 537.88 feet to the point
of beginning; thence South 00 degrees 22 minutes 42 seconds East a distance of 93.85
feet; thence South 30 degrees 58 minutes 03 seconds West a distance of 40.92 feet;
thence South 73 degrees 57 minutes 03 seconds West, a distance of 129.69 feet; thence
South 11 degrees 48 minutes 23 seconds West a distance of 102.57 feet; thence South 01
degree 22 minutes 32 seconds West a distance of 133.70 feet to the south line of said Lot
3 and said line there terminating. Except the south 25.00 thereof.
(the "Real Property").
WHEREAS, Donor wishes to donate the Real Property to the City of Fridley ("City" or
"Donee")without compensation.
WHEREAS, pursuant to Minnesota Statutes § 465.03 the City has the power and
authority to accept a grant or devise of real property pursuant to a two-thirds majority vote of its
members:
M.S.A. >z 465.03
Gifts to Municipalities
Any city, county, school district or town may accept a grant or devise of real or
personal property and maintain such property for the benefit of its citizens in
accordance with the terms prescribed by the donor. Nothing herein shall authorize
such acceptance or use for religious or sectarian purposes. Every such acceptance
shall be by resolution of the governing body adopted by a two-thirds majority of
its members, expressing such terms in full.
97
WHEREAS, Minnesota Statutes Chapter 462 and Fridley Subdivision Code, Chapter
211 prohibit the recording of certain conveyances unless the conveyance is in compliance with
the City's subdivision regulations.
WHEREAS, pursuant to Minn. Stat. § 462.358, subd. 4b(c) and Fridley Subdivision
Code § 211.03(2), the City is authorized to waive enforcement of the subdivision regulations
when the City, by adoption of a resolution, determines that enforcing the prohibition on
recording the conveyance of unplatted land will create unnecessary hardship and failure to
comply with the subdivision regulations does not interfere with the purpose of the regulations,
and the conveyance may then be recorded.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley
as follows:
1. That the City hereby accepts the donation of the Real Property from Donor to the
City pursuant to Minnesota Statutes § 465.03.
2. The City, pursuant to Minn. Stat. §462.385, sub. 4b(c) and Fridley Subdivision
Code §211.03(2) hereby finds that enforcement of the statutory prohibition on
recording the conveyance of unplatted land will create an unnecessary hardship
and that failure to comply does not interfere with the purpose of the subdivision
regulations, and the City hereby waives compliance with the subdivision
regulations and authorizes the conveyance of the Real Property legally described
above to be recorded.
3. That the Mayor and City Clerk are authorized to execute the Donation Agreement
attached hereto as Exhibit A.
4. That the Mayor and City Clerk are authorized to execute the Access Easement
Agreement attached hereto as Exhibit B.
5. That the City Attorney (or an Assistant City Attorney) is hereby authorized to
execute any closing documents on behalf of the City at the closing of the donation
of the Real Property from the Donor to the City.
Passed by at least a two-thirds majority vote of the City Council of Fridley this 26th day
of November, 2018.
Scott J. Lund, Mayor
ATTEST:
Deb Skogen, City Clerk
2
98
Exhibit A
Donation Agreement
3
DONATION AGREEMENT
BY AND BETWEEN
RALCORP FROZEN BAKERY PRODUCTS,INC.
(DONOR)
AND
THE CITY OF FRIDLEY
(DONEE)
FOR
THE DONATION OF APPROXIMATELY 1.33 ACRES OF PROPERTY LOCATED IN
THE CITY OF FRIDLEY,ANOKA COUNTY,MINNESOTA
DONOR: DONEE:
Ralcorp Frozen Bakery Products, Inc. City of Fridley
2021 Spring Road 6431 University Avenue NE
Oak Brook, IL 60523 Fridley, MN 55432
-1-
DONATION AGREEMENT
THIS DONATION AGREEMENT ("Agreement") is made this 26th day of November,
2018 (the "Effective Date") by and between Ralcorp Frozen Bakery Products, Inc., a Delaware
corporation("Donor")and the City of Fridley,a Minnesota municipal corporation("Donee").
WHEREAS, Donor and Donee are parties to that certain Agreement for the Construction of
Specific Stormwater System Improvements in the Oak Glen Creek Subwatershed, City of Fridley
Projects 17-446 and 17-516,dated September 19,2017(the"Stormwater System Agreement");
WHEREAS, the final paragraph of Section VIII of the Stormwater System Agreement
provides as follows:
If, at a future time, Treehouse [Ralcorp Frozen Bakery Products, Inc.] desires to convey fee
title of the permanent easement area to the City, the City agrees to accept the conveyance, so
long as Treehouse is lawfully possessed of the land and has good and lawful right and power
to convey it, it is free of mortgages and liens and subject only to encumbrances deemed
acceptable by the City in its sole discretion.
WHEREAS, Donor desires to convey fee title of the permanent easement area to Donee;
and
WHEREAS, Donor and Donee desire to enter into this Agreement to facilitate such
transaction;
NOW, THEREFORE, subject to the covenants, warranties, representations and mutual
consideration herein contained,the parties hereby agree as follows:
SECTION 1. DEFINITIONS. Capitalized terms used in this Agreement that are not
otherwise defined herein shall have the meanings assigned to such terms as set forth on Exhibit A
attached hereto and incorporated herein.
SECTION 2. DONATION OF PROPERTY. Donor agrees to donate and convey fee
title to the Property to Donee, and Donee agrees to accept such donation, subject to the terms and
conditions in this Agreeement.
SECTION 3. DUE DILIGENCE DOCUMENTS. Prior to the Closing Date, Donor
shall deliver to Donee copies of the following information and documents that are in Donor's
possession,to Donor's actual knowledge:
a.) A copy of any written contracts (including service contracts), agreements
and warranties that will affect the Property after the Closing Date.
b.) A copy of all permits issued to Donor that affect the Property, other than
permits issued by Donee.
-2-
c.) A copy of any environmental reports or environmental permits concerning
the Property in the possession or reasonable control of Donor to the extent
received by Donor within the last five years.
d.) A copy of any existing survey of the Property. Donor has no further
obligation to pay for or to obtain any additional surveys of the Property. Donee,
at its expense, may obtain any additional surveys.
SECTION 4. INSPECTION. During the Due Diligence Period, Donee, at Donee's sole
cost and expense, may enter upon the Property and conduct tests, inspections, surveys and studies
(including, without limitation, soil, environmental, physical, mechanical and structural) which
Donee may deem appropriate to determine the suitability of the Property for Donee's intended use.
In connection with any entry by Donee, or its agents, employees or contractors onto the Property,
Donee shall give Donor reasonable advance notice of such entry and shall conduct such entry and
any inspections in connection therewith so as to reasonably minimize, to the greatest extent
reasonably possible, interference with the Property and otherwise in a manner reasonably acceptable
to Donor. At least 48 hours prior to any entry to perform any on-site testing, Donee shall give
Donor written notice thereof, including the identity of the company or persons who will perform
such testing and the proposed scope of the testing.
Donee will have the opportunity to conduct a Phase I Environmental Assessment prior to
Closing. Donor agrees to cooperate in the preparation of the Phase I Environmental Assessment
and to accurately respond to any questions and inquiries that are posed to Donor relating to
preparation of such Phase I Environmental Assessment. Donor agrees to make the Property
available for on-site and field inspections. Notwithstanding any provision herein to the contrary,
Donee shall not conduct a Phase II Environmental Assessment without Donor's prior written
consent, in Donor's sole discretion.
Donee shall maintain, and shall insure that its contractors maintain, at least one million
dollars ($1,000,000) of public liability and property damage insurance to insure against the liability
of Donee and its agents, employees or contractors, arising out of any entry or inspections of the
Property pursuant to the provisions hereof, and Donee shall provide Donor with reasonable
evidence of such insurance coverage upon request by Donor. Donee shall indemnify, defend and
hold Donor harmless from and against any costs, damages, liabilities, losses, expenses, liens or
claims (including, without limitation, reasonable attorneys' fees) to the extent arising out of or
relating to any entry on the Property by Donee, its agents, employees or contractors in the course of
performing the inspections, testing or inquiries provided for in this Agreement. The foregoing
indemnity shall survive the termination of this Agreement.
Donee shall have until the last day of the Due Diligence Period to terminate this Agreement
for any reason by providing written notice of termination to Donor.
SECTION 5. AS-IS, WHERE IS. Donee hereby expressly acknowledges that it has or
will have, prior to the end of the Due Diligence Period, thoroughly inspected and examined the
-3-
Property to the extent deemed necessary by the Donee in order to enable the Donee to evaluate
whether or not to accept the donation of the Property. Donee represents that it is relying solely on
its own expertise and that of Donee's consultants, and that Donee will conduct such inspections and
investigations of the Property, including, but not limited to, the physical and environmental
conditions thereof, and shall rely upon same,and, upon closing, shall assume the risk of any adverse
matters, including, but not limited to, adverse physical and environmental conditions, that may not
have been revealed by Donee's inspections and investigations. Donee further acknowledges and
agrees that Donee is acquiring the Property on an "as is", "where is" and "with all faults" basis,
without representations, warranties or covenants, express or implied, of any kind or nature, except
for Donor's express warranties contained in this Agreement. Donee hereby assumes all risk and
liability (and agrees that Donor shall not be liable for any special, direct, indirect, consequential or
other damages) resulting or arising from or relating to the ownership, use, condition, location,
maintenance,repair, or operation of the Property after the Closing.
SECTION 6. TITLE EXAMINATION. Donor, at its sole expense, has obtained a title
insurance commitment covering the Property, including searches covering bankruptcies, state and
federal judgments and tax liens, evidencing the Donor's title to the Property ("Title Commitment").
A copy of the Title Commitment is attached hereto as Exhibit B.
a.) For a period of ten(10)days after the Effective Date, Donee shall be allowed
to examine the Title Commitment and deliver any objections ("Title Objections")
thereto. For a period of ten (10) days after Donee's receipt of any update or
supplement to the Title Commitment, Donee shall be allowed to examine the same
and deliver any objections to any matters not previously disclosed in the Title
Commitment. Title Objections not made in writing within the applicable ten (10)
day period shall be deemed to be waived by Donee and, therefore, Permitted
Encumbrances.
b.) If any objections are so made, Donor shall be allowed thirty (30) days after
receipt of such written objections to make such title marketable.
c.) If said title is not marketable and is not made so within thirty(30) days from
the date of delivery of the written objections thereto as above provided, then Donee
shall have the right (a) to terminate this Agreement upon notice given to Donor or
(b)to waive such objections and proceed to Closing.
SECTION 7. CONDITIONS PRECEDENT TO CLOSING. The obligations of each
party to close the transaction contemplated by this Agreement are subject to the satisfaction, at or
before the Closing Date, of the following conditions.
a.) ACCURACY OF REPRESENTATIONS. The representations,
warranties, covenants and agreements of the other party contained in this Agreement
shall be true in all material respects at and as of the Closing Date as though such
representations, warranties, covenants and agreements were made at and as of the
Closing Date.
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b.) PERFORMANCE. The other party shall have performed and complied
with all agreements and conditions required by this Agreement to be performed or
complied with prior to or at the Closing Date.
c.) ABSENCE OF LITIGATION. No action or proceeding by or before any
court or other governmental body shall have been instituted or threatened pertaining
to any transaction contemplated by this Agreement or its consummation or the
transfer or sale of the Property.
d.) APPROVAL OF DOCUMENTS. The form and substance of all
certificates, instruments, opinions and other documents delivered by one party to
another under this Agreement shall be satisfactory in all reasonable respect to the
party to receive the document and its counsel.
Each party may waive any or all of the conditions which are included herein for its benefit
in whole or in part, provided, however, that no such waiver of a condition shall constitute a waiver
by such party of any of its other rights or remedies, at law or in equity, if the other party shall be in
default of any of its representations, covenants, indemnifications, warranties or agreements under
this Agreement.
If any conditions precedent to closing are not satisfied or waived by both parties, then either
party by written notice to the other may cancel this Agreement; if the Agreement is so cancelled,the
parties shall execute a written cancellation of this Agreement.
SECTION 8. CLOSING. Subject to performance by the parties of this Agreement, the
Closing shall occur on the Closing Date at the Closing Location. The parties shall execute and
deliver the Closing Documents at or prior to Closing, all in form and content reasonably satisfactory
to both parties. Donor shall deliver possession of the Property to Donee on the Closing Date.
SECTION 9. PRORATIONS. Donor and Donee agree to the following prorations and
allocation of costs regarding this Agreement:
a.) Title Insurance. Donor will pay all costs of the issuance of the Title
Commitment, the fees charged by the Title Company for any escrow required
regarding Donee's Title Objections, the premium for an owner's policy of title
insurance and any premiums required for the issuance of endorsements necessary to
cure Title Objections.
b.) Closing Fees. Donor and Donee will each pay one half(1/2) of any closing
fee or charge imposed by the Title Company.
c.) Real Estate Taxes. Donor shall pay all real estate taxes due and payable
prior to the year of closing. Real estate taxes due and payable in the year of closing
and attributable to the Property shall be prorated between Donor and Donee based
-5-
on the Closing Date. (The calculation of real estate taxes attributable to the Property
shall be based on the area of the Property, 1.33 acres, in proportion to the estimated
area of the tax parcel that includes the Property and additional land, Anoka County
Parcel Identification Number 10-30-24-14-0058, 2.42 acres.) Donee shall be
responsible for all real estate taxes due and payable following the year of closing.
Donor does not make any representation concerning the amount of real estate taxes
which will be assessed against the Property subsequent to the Closing Date.
d.) Special Assessments. Donor agrees to pay all assessments levied before the
date of this Agreement. Donee shall be responsible for all assessments levied by
Donee or any other governmental entity on or after the date of this Agreement.
e.) Recording Fees. Donor will pay any recording fees in connection with the
release of any mortgages, liens, encumbrances and security interests against the
Property that are not being assumed by Donee. Donor shall also pay any deed tax
due in connection with the sale of the Property pursuant to applicable State statutes.
Donee shall pay the recording fee in connection with the recording of the Limited
Warranty Deed.
f.) Attorneys' Fees. Each of the parties will pay its own attorneys' fees,except
that a party defaulting under this Agreement or any document referenced in this
Agreement will pay the reasonable attorneys' fees and court costs incurred by the
non-defaulting party to enforce its rights hereunder.
SECTION 10. DONOR'S WARRANTIES. Donor represents and warrants to Donee as
of the Effective Date and the Closing Date as follows:
a.) AUTHORITY. Donor has all requisite power and authority to own, use and
sell the Property. Donor has the right, power, legal capacity and authority to enter
into and perform the Donor's obligations under this Agreement, and no approvals or
consents of any persons or entities are necessary. The execution and delivery of this
Agreement does not, and the consummation of the transactions contemplated hereby
will not, violate any indenture, mortgage, lease, deed of trust, agreement,
arrangement, license,order,judgment or decree.
b.) NO DEFAULT. Donor is not a party to or bound by any mortgage, lien,
lease, agreement, instrument, order, judgment or decree which would prohibit the
execution or performance of this Agreement by Donor or prohibit any of the
transactions provided for in this Agreement.
c.) TITLE. At Closing Date, Donor will have good and marketable title
pursuant to the laws of the State of Minnesota to the Property to be conveyed
hereunder, subject only to the Permitted Encumbrances. On the Closing Date, the
Property will not be subject to a contract or other agreement of sale or subject to
security interests, mortgages, encumbrances, liens (including income, personal
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property and other tax liens) or ofd sets, claims, reductions or charges of any kind or
character other than the Permitted Encumbrances.
d.) LITIGATION. There is no suit, action, arbitration or legal, administrative
or other proceeding or governmental investigation pending or, to the actual
knowledge of Donor, threatened, against or affecting Donor with respect to the
Property.
e.) NO CONDEMNATION NOTICE. Donor has not received any notice of
condemnation proceedings against the whole or any part of the Property.
f.) NO WASTE. Except as identified in the Environmental Reports, the
Property, to Donor's actual knowledge, is free of Waste and Hazardous Substances
except as may have been deposited on the Property by the Donee's stormwater
system. Except as identified in the Environmental Reports, to Donor's actual
knowledge, the soil and ground of the Property are free from any spills, deposits,
contaminations or seepage of Waste and Hazardous Substances and free from any
Release of any Waste and Hazardous Substances except as may have been deposited
on the Property by the Donee's stormwater system.
g.) NO PETROLEUM LEAKAGE. Except as identified in the
Environmental Reports, to Donor's actual knowledge with respect to petroleum,
natural gas, natural gas liquids, liquefied natural gas, and synthetic gas usable for
fuel or mixtures thereof, the Property is free of such liquids, gases and substances
and have not been used for the generation, treatment or disposal thereof except as
may have been deposited on the Property by the Donee's stormwater system.
Except as identified in the Environmental Reports, to Donor's actual knowledge, the
soil and ground of the Property are free from any spills, deposits, contamination or
seepage thereof and free from any Release of any Petroleum except as may have
been deposited on the Property by the Donee's stormwater system.
h.) NO BOUNDARY DISPUTES. Except for encroachments and other
boundary issues that may be shown on the Survey and except for the encroachments
identified in the Permitted Encumbrances,to Donor's actual knowledge, there are no
boundary disputes relating to the Property.
i.) NO UNRECORDED AGREEMENTS. There are no unrecorded
agreements, covenants, leases, rights of first refusal or options to purchase
concerning the Property, except for agreements to which Donee is a party.
j.) NO PRIVATE SEWAGE SYSTEMS OR WELLS. To Donor's actual
knowledge,there are no private sewage systems or wells located on the Property.
k.) NO METHAMPHETAMINE PRODUCTION. To Donor's actual
knowledge, no methamphetamine production has occurred on the Property.
-7-
As used in this Agreement, "Donor's actual knowledge" shall mean the actual
knowledge of Donor's Director of Real Estate, without duty of inquiry or
investigation.
Donor's representations and warranties shall survive the closing of the transaction
contemplated by this Agreement and shall not merge into the deed delivered at
Closing. Donor's representations and warranties shall be deemed remade as of the
Closing Date and,as so remade, shall survive the Closing Date for a period of six(6)
months, and any claim arising out of a breach of any representation or warranty in
this Agreement or any document referenced in this Agreement not asserted in an
action filed and served on or before the expiration of such six(6) month period shall
be barred and deemed waived.
SECTION 11. DONEE'S WARRANTIES. Donee represents and warrants to Donor as
of the Effective Date and the Closing Date as follows:
a.) AUTHORITY. Donee has the right, power, legal capacity and authority to
enter into and perform its obligations under this Agreement.
b.) NO OTHER APPROVALS NECESSARY. The Fridley City Council has
approved the acceptance of the donation of the Property by Donor pursuant to a City
Council Resolution, and no other approvals or consents are necessary in connection
with this Agreement. Donee has taken all necessary action to authorize the
execution of this Agreement and the consummation of the transactions contemplated
hereby.
c.) STORMWATER DRAINAGE. Pursuant to the Stormwater System
Agreement, upon development of currently undeveloped property in Lot 3, Block 4,
Commerce Park, according to the recorded plat thereof, Anoka County, Minnesota
("Undeveloped Property"), Donor, its successors and assigns shall be permitted to
discharge stormwater from the Undeveloped Property to the stormwater pond
located upon the Property to meet the stormwater management requirements of said
development in accordance with City, state and local requirements. Donee further
agrees that before, during and after the development of the Undeveloped Property,
Donor, its successors and assigns shall have the right to drain stormwater from the
Undeveloped Property into and through the City's storm water management,
drainage, and treatment systems and improvements, stormwater conveyances, and
components thereof located upon the Property in accordance with city, state and
local requirements, consistent with the rights provided in that certain Permanent
Storm Water Ponding, Drainage and Access Easement dated October 9, 2017 and
filed with the Anoka County Registrar of Titles on November 17, 2017 as Document
No. 2186633.001 (the"Permanent Easement Agreement").
d.) PERVIOUS SURFACE AND GREEN SPACE. Pursuant to the
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Stormwater System Agreement, upon any future development of Donor's Property,
the Property shall be counted as pervious surface and green space in any
development calculations.
Donee's representations and warranties shall survive the closing of the transaction
contemplated by this Agreement and shall not merge into the deed delivered at
Closing.
SECTION 12. MISCELLANEOUS.
a.) Headings. The headings in this Agreement are for convenience only and are
not part of this Agreement and do not in any way limit or amplify the terms and
provisions hereof. It is understood and agreed that this Agreement has been made
following negotiation by the parties and it is, therefore, not to be construed against
any party because of draftsmanship.
b.) Modifications. All modifications to this Agreement must be in writing and
signed by the parties hereto.
c.) Severability. The invalidity or unenforceability of any term or terms of this
Agreement shall not invalidate, make unenforceable or otherwise affect any other
term of this Agreement, and this Agreement shall be construed in all respects as if
such invalid or unenforceable provision were omitted, and in such event, the
remaining terms of this Agreement shall remain in full force and effect.
d.) Governing Law. This Agreement shall be governed by and be construed in
accordance with the laws of the State of Minnesota.
e.) Computation of Time. In computing any period of time pursuant to this
Agreement, the day of the act or event from which the designated period of time
begins to run will not be included. The last day of the period so computed will be
included, unless it is a Saturday, Sunday or legal holiday, in which event the period
runs until the end of the next day which is not a Saturday, Sunday or legal holiday.
f.) Time of the Essence. All times, wherever specified herein for the
performance by Donor or Donee of their respective obligations hereunder, are of the
essence of this Agreement.
g.) Assignment. Neither party shall be entitled to assign or convey any interest
in this Agreement to any third party, without first obtaining the prior written consent
of the other party.
h.) Counterpart Signature. This Agreement may be executed simultaneously in
any number of counterparts, each of which shall be deemed an original but all of
which together shall constitute one and the same instrument.
-9-
i.) Effect of Cancellation. If this Agreement is cancelled by any party for any
reason, all prior agreements between the parties, including but not limited to the
Stormwater System Agreement and the Permanent Easement, shall remain in full
force and effect.
SECTION 13. NOTICES. Any notices hereunder shall be deemed sufficiently given by
one party to the other if in writing and if and when delivered or tendered either in person or by
depositing it in the United States mail in a sealed envelope, by certified mail, return receipt
requested,with postage and postal charges prepaid,addressed as follows:
If to Donor: Ralcorp Frozen Bakery Products, Inc.
2021 Spring Road, Suite 600
Oak Brook, IL 60523
Michael D. Klemm
Hellmuth&Johnson, PLLC
8050 West 78th Street
Edina, MN 55439
If to Donee: Wally Wysopal, City Manager
City of Fridley
6431 University Avenue NE
Fridley, MN 55432
Jay P.Karlovich, City Attorney
633 South Concord Street, Suite 400
South St. Paul,MN 55075
or to such other address as the party addressed shall have previously designated by notice given in
accordance with this Section. Notices shall be deemed to have been duly given on the date of
service if served personally on the party to whom notice is to be given, or on the third day after
mailing if mailed as provided above, provided, that a notice not given as above shall, if it is in
writing, be deemed given if and when actually received by a party.
SECTION 14. AMENDMENT AND WAIVER. The parties hereto may by mutual
written agreement amend this Agreement in any respect. Any party hereto may extend the time for
the performance of any of the obligations of another, waive any inaccuracies in representations by
another contained in this Agreement or in any document delivered pursuant hereto which
inaccuracies would otherwise constitute a breach of this Agreement, waive compliance by another
with any of the covenants contained in this Agreement,waive performance of any obligations by the
other or waive the fulfillment of any condition that is precedent to the performance by the party so
waiving of any of its obligations under this Agreement. Any agreement on the part of any party for
any such amendment,extension or waiver must be in writing. No waiver of any of the provisions of
this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not
-10-
similar, nor shall any waiver constitute a continuing waiver.
SECTION 15. FORBEARANCE OF MARKETING. Donor agrees that from the
Effective Date through the last day of the Due Diligence Period, Donor will not market the Property
or offer the Property for sale to any party other than Donee.
[the remainder of this page has been intentionally left blank]
-11-
DONOR:
RALCORP FROZEN BAKERY
PRODUCTS,INC.
By:
Its:
DONEE:
CITY OF FRIDLEY
By:
Scott J.Lund
Its:Mayor
ATTEST:
By:
Deb Skogen
Its: City Clerk
-12-
EXHIBIT A
DEFINITIONS
1. CLOSING. "Closing" shall mean the closing of the transaction contemplated by
this Agreement.
2. CLOSING DATE. "Closing Date" shall mean December 20, 2018, unless
otherwise mutually agreed by Donor and Donee.
3. CLOSING DOCUMENTS. "Closing Documents" shall mean and comprise the
following:
a.) A Limited Warranty Deed conveying marketable title to the Property to Donee,
subject to the Permitted Encumbrances.
b.) An Access Easement Agreement by Donor in favor of Donee granting a 50-foot
wide easement over a portion of the Undeveloped Property to provide vehicular and
pedestrian ingress and egress between the Property and Commerce Lane NE as
reasonably necessary in connection with the construction, maintenance, repair,
replacement and operation of the stormwater improvements located upon the
Property, in a form to be provided by Donor.
c.) An affidavit by Donor of no judgments,no tax liens and no unrecorded interests.
d.) An affidavit by Donee that there has been no labor or materials furnished for which
mechanic liens can be filed with respect to any labor or materials ordered by Donee.
e.) A Well Disclosure Certificate or a well disclosure statement on the Limited
Warranty Deed,as applicable.
f.) A "bring down certificate" by Donor certifying that the warranties and
representations of Donor contained in this Agreement are true in all respects at and
as of the Closing Date as though such representations, warranties, covenants and
agreements were made at and as of the Closing Date.
g.) A Closing Statement prepared by Title Company to be executed by Donor, Donee,
and Title Company at the Closing that accurately describes the economic terms of
transaction described this Agreement.
h.) All other documents affecting title to and possession of the Property and necessary
to transfer or assign the same to Donee.
4. CLOSING LOCATION. "Closing Location" shall mean the office of DCA Title
located at 7373 147th Street West, Suite 161,Apple Valley, MN 55124.
5. CONSTRUCTION DEBRIS. "Construction Debris" means construction debris as
defined by Minn. Stat. § 115A.03.
6. CONTAMINANTS. "Contaminants" means contaminants as defined by Minn.
Stat. § 115B.02.
7. DEMOLITION DEBRIS. "Demolition Debris" means solid waste resulting from
the demolition of buildings, roads, and other man-made structures including concrete, brick,
bituminous concrete,untreated wood,masonry,glass,trees,rock,and plastic building parts.
8. DUE DILIGENCE PERIOD. "Due Diligence Period" shall mean a period of
thirty(30)days from and after the Effective Date.
9. ENVIRONMENTAL LAWS. "Environmental Laws" shall mean all federal laws
and regulations that protect or regulate the environment, including,but not limited to, the Clean Air
Act, 42 U.S.C. § 7401 et seq.; the Clean Water Act 33 U.S.C. § 1251 et seq., and the Water Quality
Act of 1987; the Federal Insecticide Fungicide, and Rodenticide Act ("FIFRA"), 7 U.S.C. § 136 et
seq., the Marine Protection Research, and Sanctuaries Act, 33 U.S.C. § 1401 et seq.; the National
Environmental Policy Act, 42 U.S.C. § 4321 et seq.; the Noise Control Act, 42 U.S.C. § 4901 et
seq.; the Occupational Safety and Health Act, 29 U.S.C. § 651 et seq.; the Resource Conservation
and Recovery Act ("RCRA"), 42 U.S.C. § 6901 et seq. as amended by the Hazardous and Solid
Waste Amendments of 1984; the Safe Drinking Water Act, 42 U.S.C. § 3001 et seq.; the
Comprehensive Environmental Response, Compensation and Liability Act("CERCLA"), 42 U.S.C.
§ 9601 et seq. as amended by the Superfund Amendments and Reauthorization Act, the Emergency
Planning and Community Right-To-Know Act, and Radon Gas and Indoor Air Quality research
Act;the Toxic Substances Control Act("TSCA"), 15 U.S.C. § 2601 et seq.;the Atomic Energy Act,
42 U.S.C. § 2011 et seq., and the Nuclear Waste Policy Act of 1982,42 U.S.C. § 2011 et seq., all as
may be amended,with implementing regulations and guidelines.
Environmental Laws shall also include The Minnesota Environmental Response and
Liability Act ("MERLA") and state, regional, county, municipal, and other local laws, regulations,
and ordinances insofar as they are equivalent or similar to the federal laws recited above or purport
to regulate Waste or Petroleum.
10. ENVIRONMENTAL REPORTS. "Environmental Reports" means any report
produced to the Donee as the result of an environmental site assessment conducted by the Donee.
11. HAZARDOUS SUBSTANCE. "Hazardous Substance" means any of the
following:
a.) Any commercial chemical designated pursuant to the Federal Water
Pollution Control Act,under United States Code,title 33, Section 1321(b)(2)(A).
b.) Any hazardous air pollutant listed pursuant to the Clean Air Act, under
United States Code,title 42, section 7412.
c.) Any hazardous substance, pollutant or contaminant regulated under the
Comprehensive Environmental Response Compensation and Liability Act as
amended, 42 U.S.C. 9601 et. seq. (CERCLA); and hazardous substance, pollutant or
contaminant regulated under similar Minnesota environmental laws.
d.) Any hazardous waste under Minnesota laws.
e.) Pesticides regulated under the Federal Insecticide, Fungicide and
Rodenticide Act,as amended, 7 U.S.C. Section 136 et. seq. (FIFRA).
f.) Asbestos, polychlorinated biphenyls (PCBs), toxic substances, and other
substances regulated under the Toxic Substances Control Act, as amended, 15
U.S.C. section 2601 et. seq. (TSCA).
g.) Source material, special nuclear material, by product materials, any other
radioactive materials or radioactive wastes however produced, regulated under the
Atomic Energy Act, as amended, 42 U.S.C. section 2011 et. seq. or the Nuclear
Waste Policy Act of 1982,as amended, 42 U.S.C. section 10101 et. seq.
h.) Industrial process and pollution control wastes, which are hazardous within
the meaning of the Resource Conservation And Recovery Act, as amended 42
U.S.C. Section 6901 et. seq. (RCRA).
i.) Any hazardous material under the Hazardous Materials Transportation Act,
49 USCS Appx. Section 1801 et. seq.
j.) Any hazardous material listed in Code of Federal Regulation Title 49,
Section 172.101.
k.) Any pollutant or contaminant as defined by 42 U.S.C. Section 9601.
12. HAZARDOUS WASTE. "Hazardous Waste" means hazardous waste as defined
by Minn. Stat. § 115B.02.
13. INDUSTRIAL SOLID WASTE. "Industrial Solid Waste" means industrial waste
as defined by Minn. Stat. § 115A.03.
14. MIXED MUNICIPAL SOLID WASTE. "Mixed Municipal Solid Waste" means
mixed municipal solid waste as defined by Minn. Stat. § 115A.03.
15. PERMITTED ENCUMBRANCES. "Permitted Encumbrances" shall mean and
comprise the following:
a.) Building and zoning laws, ordinances, state and federal regulations.
b.) Minerals and mineral rights reserved by the State of Minnesota.
c.) Any defects or encumbrances on the Property to which Donee does not
submit a written Title Objection within the time allowed by this Agreement, or any
defect or encumbrance that is waived by Donee in accordance with the terms of this
Agreement.
16. PETROLEUM. "Petroleum"means any of the following:
a.) Gasoline.
b.) Fuel oil.
c.) Kerosene.
d.) Any petroleum distillate.
e.) Any petroleum residual.
f.) Diesel fuel.
g.) Oil.
h.) Ethanol.
17. POLLUTANTS. "Pollutants" means pollutants as defined by Minn. Stat.
§ 115B.02.
18. PROPERTY. "Property" shall mean that certain 1.33 acres of land located in the
City of Fridley, County of Anoka, Minnesota legally described on the title commitment attached as
Exhibit B, which exhibit is incorporated by reference. The Property shall also include all of the
right, title and interest of the owner of the property in and to any easements, rights of way,
privileges, appurtenances, and right to the same belonging to or inuring to the benefit of the
Property.
19. RELEASE. "Release" means any spilling, leakage, pumping, pouring, emitting,
emptying, discharging, injecting, escaping, leaching, dumping,or disposing into the environment of
any Waste, Hazardous Substance, Petroleum or pollutant or contaminant as defined by 42 U.S.C.
Section 9601.
20. SEWAGE SLUDGE. "Sewage Sludge"means sewage sludge as defined by Minn.
Stat. § 115A.03.
21. SOLID WASTE. "Solid Waste" means solid waste as defined by Minn. Stat.
§ 115A.03.
22. TITLE COMPANY. "Title Company"means DCA Title.
23. WASTE. "Waste"means any and all of the following:
a.) Hazardous substances.
b.) Hazardous waste.
c.) Pollutants.
d.) Contaminants.
e.) Construction debris.
f.) Demolition debris.
g.) Industrial solid waste.
h.) Mixed municipal solid waste.
i.) Solid waste.
j.) Sewage sludge.
EXHIBIT B
TITLE COMMITMENT
ALTA Commitment for Title Insurance
* * *
* *
* * Issued By Old Republic National Title Insurance Company
* *
** ** NOTICE
IMPORTANT-READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE
INSURANCE POLICIES.ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE
CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION,
OPINION OF TITLE,OR OTHER REPRESENTATION OF THE STATUS OF TITLE.THE PROCEDURES USED BY THE
COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION,ARE
PROPRIETARY TO THE COMPANY,WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY,AND CREATE
NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED
IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE
COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER
PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice;Schedule B,Part I—Requirements;Schedule B,Part II—Exceptions;and the Commitment Conditions,Old Republic National Title
Insurance Company,a Florida Corporation(the"Company"),commits to issue the Policy according to the terms and provisions of this Commitment.This
Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A,only when the Company has entered in
Schedule A both the specified dollar amount as the Proposed Policy Amount and the name of the Proposed Insured.
If all of the Schedule B,Part I—Requirements have not been met within 6 months after the Commitment Date,this Commitment terminates and the
Company's liability and obligation end.
This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue
Policy;the Commitment Conditions;Schedule A;Schedule B,Part I–Requirements;and Schedule B,Part 11–Exceptions.
Issued through the Office of OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
400 Second Avenue South,Minneapolis,Minnesota 55401
(612)371-1111
MA�wr.ri�
ABy President
Attest .64 W.4 Secretary
ORT Form 4690 8-1-16
COMMITMENT CONDITIONS
1.DEFINITIONS
(a) "Knowledge"or"Known":Actual or imputed knowledge,but not constructive notice imparted by the Public Records.
(b) "Land":The land described in Schedule A and affixed improvements that by law constitute real property.The term"Land"does not include any
property beyond the lines of the area described in Schedule A,nor any right,title,interest,estate,or easement in abutting streets,roads,
avenues,alleys,lanes,ways,or waterways,but this does not modify or limit the extent that a right of access to and from the Land is to be
insured by the Policy.
(c) "Mortgage":A mortgage,deed of trust,or other security instrument,including one evidenced by electronic means authorized by law.
(d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company
pursuant to this Commitment.
(e) "Proposed Insured":Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this
Commitment.
(f) "Proposed Policy Amount":Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be issued
pursuant to this Commitment.
(g) "Public Records":Records established under state statutes at the Commitment Date for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and without Knowledge.
(h) "Title":The estate or interest described in Schedule A.
2. If all of the Schedule B,Part I—Requirements have not been met within the time period specified in the Commitment to Issue Policy,this
Commitment terminates and the Company's liability and obligation end.
3. The Company's liability and obligation is limited by and this Commitment is not valid without:
(a) the Notice;
(b) the Commitment to Issue Policy;
(c) the Commitment Conditions;
(d) Schedule A;
(e) Schedule B,Part I—Requirements;
(f) Schedule B,Part II—Exceptions;and
(g) a counter-signature by the Company or its issuing agent that may be in electronic form.
4. COMPANY'S RIGHT TO AMEND
The Company may amend this Commitment at any time.If the Company amends this Commitment to add a defect,lien,encumbrance,adverse
claim,or other matter recorded in the Public Records prior to the Commitment Date,any liability of the Company is limited by Commitment
Condition 5.The Company shall not be liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
(a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the
Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment,resulting from the Proposed
Insured's good faith reliance to:
(i) comply with the Schedule B,Part I—Requirements;
(ii) eliminate,with the Company's written consent,any Schedule B,Part II—Exceptions;or
(iii) acquire the Title or create the Mortgage covered by this Commitment.
(b) The Company shall not be liable under Commitment Condition 5(a)if the Proposed Insured requested the amendment or had Knowledge of the
matter and did not notify the Company about it in writing.
(c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the
Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
(d) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in
Commitment Conditions 5(a)(i)through 5(a)(iii)or the Proposed Policy Amount.
(e) The Company shall not be liable for the content of the Transaction Identification Data,if any.
(f) In no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B,Part(—
Requirements have been met to the satisfaction of the Company.
(g) In any event,the Company's liability is limited by the terms and provisions of the Policy.
This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue
Policy;the Commitment Conditions;Schedule A;Schedule B,Part I–Requirements;and Schedule B,Part II–Exceptions.
ORT Form 4690 8-1-16
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
(a) Only a Proposed Insured identified in Schedule A,and no other person,may make a claim under this Commitment.
(b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.
(c) Until the Policy is issued,this Commitment,as last revised,is the exclusive and entire agreement between the parties with respect to the subject
matter of this Commitment and supersedes all prior commitment negotiations,representations,and proposals of any kind,whether written or oral,
express or implied,relating to the subject matter of this Commitment.
(d) The deletion or modification of any Schedule B,Part II—Exception does not constitute an agreement or obligation to provide coverage
beyond the terms and provisions of this Commitment or the Policy.
(e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company.
(f) When the Policy is issued,all liability and obligation under this Commitment will end and the Company's only liability will be under the
Policy.
7. IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies.The issuing agent is
not the Company's agent for the purpose of providing closing or settlement services.
8. PRO-FORMA POLICY
The Company may provide,at the request of a Proposed Insured,a pro-forma policy illustrating the coverage that the Company may provide.A pro-
forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured,nor is it a commitment to
insure.
9. ARBITRATION
The Policy contains an arbitration clause.All arbitrable matters when the Proposed Policy Amount is$2,000,000 or less shall be arbitrated at the
option of either the Company or the Proposed Insured as the exclusive remedy of the parties.A Proposed Insured may review a copy of the
arbitration rules at http://www.alta.org/arbitration.
This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice;the Commitment to Issue
Policy;the Commitment Conditions;Schedule A;Schedule B,Part I–Requirements;and Schedule B,Part 11–Exceptions.
ORT Form 4690 8-1-16
Issuing Agent: DCA Title
File No. 18-040016 RC
Property Address: XXXX, Fridley, MN 55432
Revision No. 2
Schedule A
ALTA COMMITMENT
1. Commitment Date: 7/29/2018 AT 7:30 A.M.
2. Policy to be issued:
(a) 2006 ALTA Owner's Policy
Proposed Insured: City of Fridley
Proposed Policy Amount: $100,000.00
(b) 2006 ALTA Loan Policy
Proposed Insured:
Proposed Policy Amount: $
(c) ALTA Policy
Proposed Insured:
Proposed Policy Amount: $
3. The estate or interest in the Land described or referred to in this Commitment is fee simple.
4. Title to the estate or interest in the Land is at the Commitment Date vested in:
Lofthouse Bakery Products, Inc.
5. The Land is described as follows:
That part of Lot 3, Block 4, Commerce Park, according to the recorded plat thereof, Anoka County,
Minnesota, which lies east of a line beginning at a point on the north line of said Lot 3 being 205.00 feet
east of the northwest corner of said Lot 3;thence southerly to a point on the south line of said Lot 3 being
125.00 feet east of the southwest corner of said Lot 3 and which lies northwesterly of the following
described line: Commencing at the northeast corner of said Lot 3; thence North 89 degrees 55 minutes 02
seconds West, along the north line of said Lot 3, a distance of 537.88 feet to the point of beginning;thence
South 00 degrees 22 minutes 42 seconds East a distance of 93.85 feet; thence South 30 degrees 58 minutes
03 seconds West a distance of 40.92 feet; thence South 73 degrees 57 minutes 03. seconds West, a distance
of 129.69 feet;thence South 11 degrees 48 minutes 23 seconds West a distance of 102.57 feet;thence South
01 degree 22 minutes 32 seconds West a distance of 133.70 feet to the south line of said Lot 3 and said line
there terminating. Except the south 25.00 feet thereof.
Abstract Property.
Non-residential (all other)
This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the
Commitment to Issue Policy; the Commitment Conditions;Schedule A; Schedule B, Part 1—Requirements; and Schedule B, Part II—
ORT Form 4690 8-1-16
Exceptions.
Old Republic National Title Insurance Company
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ORT Form 4690 8-1-16
Schedule B-I
ALTA COMMITMENT
File No. 18-040016 RC
Revision No. 2
Requirements
All of the following Requirements must be met:
1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in
this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The
Company may then make additional Requirements or Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company.
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or
both, must be properly authorized, executed, delivered, and recorded in the Public Records.
5. Record a Certified copy of the Name Change from Lofthouse Bakery Products, Inc.to Ralcorp Frozen
Bakery Products, Inc.
6. Warranty Deed from Ralcorp Frozen Bakery Products, Inc. to City of Fridley.
7. A party that is a Corporation must submit the following for review:
a) Articles of Organization
b) Proof of filing in the office of the Secretary of State and good standings
c) Corporate Resolution Authorizing Sale or Purchase
d) Corporate Resolution Authorizing ability to sign
8. Identification will be required from all parties required to sign documents at closing.
9. Provide DCA Title with a Well Disclosure Certificate or the conveyance documents must contain the
following language: THE SELLER CERTIFIES THAT THE SELLER DOES NOT KNOW OF ANY
WELLS ON THE DESCRIBED REAL PROPERTY.
10. Your attention is drawn to Standard Exception B. This exception may be waived upon receipt of
information as to the identity of parties in possession.
11. Your attention is drawn to Standard Exception C (Mechanic's Liens). This exception will be waived
upon receipt of the buyer's/seller's affidavit stating that no labor or materials have been furnished to the
premises within the past 120 days. If any improvements have been made within the past 120 days, we
require:
A. A Sworn Construction Statement listing all subcontractors and companies from which supplies were
purchased, showing the amount paid and/or owed.
B. Lien Waivers from all subcontractors.
C. Lien Waivers or satisfactory paid receipts from all companies from which supplies were purchased.
To avoid delays in closing, this information must be given to us at least 3 business days prior to closing.
12. Standard Exception A (Survey Exception)will be waived if we are supplied with an ALTA survey
certified to DCA Title and all issues raised by the survey are resolved to our satisfaction.
ORT Form 4690 8-1-16
13. Inspection discloses vacant land. Your attention is drawn to Standard Exception(s) B and C.
14. DCA Title requires all proceeds to be "Collected Funds". Proceeds must be received by wire and
credited to DCA Title's escrow bank account, before the closing can be completed and funds disbursed.
15.NOTE: Searches indicate there are no open Mortgages. Please notify DCA Title if this is incorrect.
This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice;the
Commitment to Issue Policy;the Commitment Conditions;Schedule A;Schedule B, Part I—Requirements;and Schedule B, Part II—
Exceptions.
ORT Form 4690 8-1-16
Schedule B-II
ALTA COMMITMENT
File No: 18-040016 RC
Revision No. 2
STANDARD EXCEPTIONS
A. Facts which would be disclosed by a comprehensive survey of the premises described herein.
B. Rights and claims of parties in possession.
C. Mechanics', Contractors', or Materialmen's liens and lien claims, if any, where no notice appears of
record.
D. Easements, or claims of easements, not shown by the public records.
Exceptions
THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR
LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE
EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION
VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL
ORIENTATION, GENDER IDENTITY, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN.
The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or
easement identified in Schedule A, and will include the following Exceptions unless cleared to the
satisfaction of the Company:
1. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public
Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all
of the Schedule B, Part I—Requirements are met.
2. Taxes for the year 2018 in the amount of$9,223.47. First half taxes are paid. (Base Tax amount
$9,223.47.) (Tax No. 10-30-24-14-0058.)
Taxes for the year 2018 in the amount of$58,100.09. First half taxes are paid. (Base Tax amount
$56,737.19.) (Tax No. 10-30-24-14-0060.)(Includes special assessments in the amount of$1,362.90.)
NOTE: Anoka County tax records indicate property is non-homestead for taxes payable in the year 2018.
(as to both Tax Nos.)
NOTE: Taxes for the year 2017 and prior years are paid in full. (as to both Tax Nos.)
NOTE: Minnesota property taxes are due on May 15th(first half) and October 15th(second half).
NOTE: The above legal description constitutes a split of an existing tax parcel. Approval of the appropriate
municipal offices for such a split to take place must be obtained and appear on the face of any instrument of
conveyance or a certified copy of the resolution by the City must be submitted to the Company.
NOTE: The taxes are currently assessed on the underlying legal description. An individual figure on a per
parcel basis is not available as of the date of this commitment. (New Tax No. (Unavailable).
ORT Form 4690 8-1-16
NOTE: The above described property is only a portion of the property covered by the Tax Parcel as
charged in the Tax List. M.S.272.121 requires that the current years property tax on the whole parcel must
be paid in full in order to transfer title to any portion of the whole parcel.
NOTE: Levied and Pending Assessments will follow by endorsement. (as to both Tax Nos.)
NOTE: No coverage is provided for municipal code compliance matters and fees including, but not limited
to, utilities, right of way maintenance, water or sewer services, or fees for tree, weeds, grass and snow or
garbage removal, police boarding, vacant building registration and zoning.
3. 25 foot Utility and Drainage Easement on South lot line(s), as shown on the recorded plat.
4. Permanent utility easement over the East 5 feet recorded in Book 735, page 603.
5. Electric Transmission Line Easement granted to Northern States Power Company recorded as Document
No. 324811.
6. Electric Transmission Line Easement granted to Northern States Power Company recorded as Document
No. 567222.
7. Electric Transmission Line Easement granted to Northern States Power Company recorded as Document
No. 567223.
8. Modification of the above easement recorded as Document No. 1289733.
9. Easement taken by North Suburban Sanitary Sewer Authority by Final Certificate recorded as Document
No. 964197 as amended by Document No. 989629.
10. Special Use Permit recorded as Document No. 961295.
11. Memorandum of Option and lease recorded as Document No. 1253421.
12. Amendment No. 1 to Memorandum of Option and Lease recorded as Document No. 1253422.
13.Notice of Exercise of Option recorded as Document No. 1277371.
14. Amendment No. 2 to Optional Lease Agreement recorded as Document No. 1289734.
15. Pipeline Easement granted to CenterPoint Energy Resources Corp. recorded as Document No. 2003418.002.
16. Final Certificate recorded as Document No. 2009163.001 (Parcel 103)
17. Agreement regarding Encroachment recorded as Document No. 2002235.013.
18. Agreement regarding Encroachment recorded as Document No. 2004350.010.
19. Agreement regarding Encroachment recorded as Document No. 2004533.001.
20. Permanent Storm Water Ponding Drainage and Access Easement recorded as Document No. 2186633.001.
ORT Form 4690 8-1-16
21. Totinos Finer Foods, Inc. was the fee owner of that part of Lot 3 lying North of the South 54.70 feet and
east of a line. The Pillsbury Company conveyed the property to Salus Real Estate, Inc. by deed dated
October 30, 1991 recorded December 31, 1991 as Document No. 960744.No name change documentation
is of record.
22. Deco Pac, Inc. f.k.a. McGlynn Bakeries, Inc. conveyed all of the property to McGlynn Bakeries, LLC by
Quit Claim Deed dated December 31, 2000 recorded January 19, 2001 as Document No. 1545877. No name
change documentation is of record.
23. NOTE: This Examination was made from our previous records and/or from the county records without the
benefit of an updated Abstract of Title and/or Registered Property Certificate. DCA Title will not be
responsible for the cost of updating the abstract/certificate.
24. NOTE: This Revision was prepared on August 20, 2018.
25. NOTE: To schedule a closing, please contact one of the following offices: Apple Valley: 952-432-5600;
Mendota Heights: 651-455-4600; Hastings: 651-437-4900; Roseville: 651-203-1824 or Minneapolis: 612-
821-7591.
26. NOTE: If there are any questions concerning the exceptions on this commitment, please contact Darrell
Jensen at 651-437-5600 ext. 241 or e-mail at d jensena,dcatitle.com.
This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the
Commitment to Issue Policy; the Commitment Conditions;Schedule A;Schedule B, Part I—Requirements;and Schedule B, Part II—
Exceptions.
sp
ORT Form 4690 8-1-16
Exhibit B
Access Easement Agreement
4
ACCESS EASEMENT AGREEMENT
THIS ACCESS EASEMENT AGREEMENT ("Agreement") is made, executed and
effective the day of , 2018, by and between Ralcorp Frozen Bakery
Products, Inc., a Delaware corporation (hereinafter referred to as "Grantor") and the City of
Fridley, a municipal corporation organized under the laws of the State of Minnesota (hereinafter
referred to as the"City").
WHEREAS, Grantor conveyed certain real property to the City (hereinafter defined and
legally described as the "Benefitted Parcel") located in the City of Fridley, County of Anoka,
State of Minnesota.
WHEREAS, Grantor and City wish to enter into an agreement which will grant to City
an easement for access and ingress and egress on, over, through and upon the Easement Area
(hereinafter defined and legally described as the "Easement Area") for the benefit of the
Benefitted Parcel to allow City to access its storm water pond located on the Benefitted Parcel.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby mutually acknowledged, the undersigned agree to the grant and creation of
the easement(the"Easement") as herein set forth:
1. Benefitted Parcel:
The`Benefitted Parcel" is defined and legally described as follows:
That part of Lot 3, Block 4, Commerce Park, according to the recorded
plat thereof, Anoka County, Minnesota, which lies east of a line beginning
at a point on the north line of said Lot 3 being 205.00 feet east of the
northwest corner of said Lot 3; thence southerly to a point on the south
line of said Lot 3 being 125.00 feet east of the southwest corner of said
Lot 3 and which lies northwesterly of the following described line:
Commencing at the northeast corner of said Lot 3; thence North 89
degrees 55 minutes 02 seconds West, along the north line of said Lot 3, a
distance of 537.88 feet to the point of beginning; thence South 00 degrees
22 minutes 42 seconds East a distance of 93.85 feet; thence South 30
degrees 58 minutes 03 seconds West a distance of 40.92 feet; thence South
73 degrees 57 minutes 03 seconds West, a distance of 129.69 feet; thence
South 11 degrees 48 minutes 23 seconds West a distance of 102.57 feet;
thence South 01 degree 22 minutes 32 seconds West a distance of 133.70
feet to the south line of said Lot 3 and said line there terminating. Except
the south 25.00 thereof
2. Easement Area:
The"Easement Area" is defined and legally described as follows:
The Southerly 25.00 feet of Lot 3, Block 4, Commerce Park, Anoka
County, Minnesota, lying east of the Benefitted Parcel and lying west of
the west right-of-way line of Commerce Lane NE as dedicated by the plat
of Commerce Park.
AND
The Northerly 25 feet of Lot 4, Block 4, Commerce Park, Anoka County,
Minnesota, lying east of the Benefitted Parcel and lying west of the west
right-of-way line of Commerce Lane NE as dedicated by the plat of
Commerce Park.
3. Grant of Easement:
Grantor hereby conveys and grants to City and its successors, assigns and
contractors a non-exclusive Easement for access and ingress and egress purposes
on, over, through and upon the Easement Area according to the terms hereof. The
City hereby accepts such Easement and the duties and restrictions contained
herein.
4. Purposes and Uses of Easement:
The purpose of this Easement is to permit the City and its successors, assigns, and
contractors to use the Easement Area for access and ingress and egress to the
City's storm water pond located on a portion of the Benefitted Parcel in the event
the City needs to access the City storm water pond area to construct, inspect,
maintain, replace and/or repair the storm water pond.
5. Restrictions on Use:
The City shall only use the Easement Area when the City has the need to
construct, inspect, maintain, repair and/or replace the City's storm water pond or
restore the Easement Area. Only vehicles owned by the City or owned by
contractors hired by the City may travel on the Easement Area. This Easement
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does not create a public right of way; it only creates a limited access route for the
City and its contractors for the purposes above stated.
6. Benefited Parties:
The Easement created herein is for the sole benefit of the City, its successors,
assigns and contractors. The City agrees to adhere to the terms and conditions
stated herein, and the City shall cause its successors, assigns and contractors to
adhere to the terms and conditions stated herein.
7. Restoration of Easement Area:
If the City or its contractors use the Easement Area and the surface within the
Easement Area is disturbed, the City, at its sole cost and expense, shall restore the
Easement Area to substantially the same condition that existed prior to the
Easement Area being used by the City or its contractors. All restoration work
shall be completed as soon as practical. The City shall perform restoration to
achieve a quality of restoration consistent with the surrounding property and the
use thereof.
8. Duration of Easement:
The Easement created hereby is perpetual and runs with the Benefitted Parcel.
9. Relocation of Easement: The Grantor and the City are parties to that certain
Agreement for the Construction of Specific Stormwater System Improvements in the
Oak Glen Creek Subwatershed, City of Fridley Projects 17-446 and 17-516, dated
September 19, 2017 (the "Stormwater System Agreement"). The City constructed
the storm water pond on the Benefitted Parcel as part of the Project pursuant to said
Stormwater System Agreement. A 60" storm trunk line, which drains into the storm
water pond on the Benefitted Parcel, is located within the Easement Area as defined
in this Access Easement Agreement.
Section VIII of the Stormwater System Agreement provides, in pertinent part, as
follows:
In the event that relocation or modification of a portion of the Project
improvements or permanent easements is found to be beneficial to either
party, both parties will evaluate their benefit and cooperate in effecting
said relocation or modification. In the future, if the relocation [of] the
existing 60" storm trunk line is financially feasible, the parties agree to
cooperate in effectuating said relocation. Said relocation or modification
is subject to approval of the new location by both parties, which approval
shall not be unreasonably withheld.
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The Grantor and the City hereby acknowledge and agree that the location of the
Easement Area as defined in this Access Easement Agreement shall be subject to
relocation pursuant to Section VIII of the Stormwater System Agreement.
10. No Unreasonable Interference:
The City's use of the Easement Area shall not unreasonably interfere with
Grantor's ability to use the Easement Area.
11. Binding Effect:
The terms and conditions of this Agreement shall be binding upon the parties,
their successors and assigns.
12. Indemnification of Grantor:
The City hereby agrees to indemnify, defend and hold Grantor and its successors
and assigns harmless against and in respect of any and all claims, demands,
actions, suits, proceedings, losses, costs, expenses, obligations, liabilities,
damages, recoveries, and deficiencies, including interest, penalties and reasonable
attorneys' fees, in an amount not to exceed the maximum liability limits of Minn.
Stat. § 466.04, that Grantor or its successors and assigns incur or suffer, which
arise out of, result from or relate to the use of the Easement Area by the City and
its successors, assigns and contractors, except to the extent the claims, demands,
actions, suits, proceedings, losses, costs, expenses, obligations, liabilities,
damages, recoveries and deficiencies arise out of, result from or relate to
Grantor's negligence.
[Signature pages follow]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of
the day and year aforesaid by their duly authorized representatives.
CITY:
CITY OF FRIDLEY
Scott J. Lund, Mayor
ATTEST:
Deb Skogen, City Clerk
(CITY SEAL)
STATE OF MINNESOTA )
ss.
COUNTY OF ANOKA )
On this day of , 2018, before me a Notary Public within
and for said County, personally appeared Scott J. Lund and Deb Skogen, to me personally
known, who being each by me duly sworn, each did say that they are respectively the Mayor and
City Clerk of the City of Fridley, the municipality named in the foregoing instrument, and that
the seal affixed to said instrument was signed and sealed on behalf of said municipality by
authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be
the free act and deed of said municipality.
Notary Public
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GRANTOR:
RALCORP FROZEN BAKERY PRODUCTS,INC.
By:
Its:
STATE OF )
ss.
COUNTY OF )
On this day of , 2018, before me a Notary Public within
and for said County, personally appeared , to me personally known,
who being by me duly sworn, did say that he/she is the of Ralcorp
Frozen Bakery Products, Inc, a Delaware corporation, and that the foregoing instrument was
executed on behalf of Ralcorp Frozen Bakery Products, Inc. by authority of the Board of Ralcorp
Frozen Bakery Products, Inc.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY: AFTER RECORDING,PLEASE
Jay P. Karlovich, City Attorney RETURN TO:
LeVander, Gillen& Miller, P.A. Jay P. Karlovich,City Attorney
633 South Concord Street, Suite 400 LeVander, Gillen& Miller, P.A.
South St. Paul, MN 55075 633 South Concord Street, Suite 400
(651)451-1831 South St. Paul, MN 55075
(651)451-1831
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AGENDA ITEM
Fridley ey
ri CITY COUNCIL MEETING OF
NOVEMBER 26, 2018
INFORMAL STATUS REPORTS
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