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04-26-2021 CITY COUNCIL MEETING April 26, 2021 7:00 PM Fridley Civic Campus, 7071 University Avenue N.E. The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, program, 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 d any interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at (763) 572-3500. (TTD/763-572-3534). AGENDA CALL TO ORDER PLEDGE OF ALLEGIANCE PROCLAMATIONS/PRESENTATIONS 1. Proclamation for Malcolm Mitchell 2. Proclamation for Annette Mitchell 3. Arbor Month Proclamation APPROVAL OF PROPOSED CONSENT AGENDA APPROVAL OF MINUTES 4. Approve the Minutes from the Special City Council Meeting of April 16, 2021 OLD BUSINESS 5. Ordinance No. 1388, Amending Fridley City Code Chapter 101, Animal Control, Second Reading 6. Ordinance No. 1389, Amending Fridley City Code Chapter 11, Fees, Second Reading 7. Ordinance No. 1390, Amending Fridley City Code Chapter 205.17, Uses Allowed with a Special Permit, Petitioned by Happy Tails Rescue Foundation (Ward 2), Second Reading NEW BUSINESS 8. Resolution No. 2021-26, Approving Special Use Permit, SP #21-02 petitioned by Happy Tails Rescue Foundation (Ward 2) 2 City Council Meeting 4/26/2021 Agenda Page 2 9. Resolution No. 2021-35, Approving Gifts, Donations and Sponsorships received between March 13, 2021 and April 19, 2021 LICENSES 10. Resolution No. 2021-33, Approving 2021-2022 Business License Renewals CLAIMS 11. Approve Claim Nos. 192476 - 192598 ADOPTION OF REGULAR AGENDA OPEN FORUM, VISITORS: Consideration of Items not on Agenda 15 minutes. REGULAR AGENDA ITEMS PUBLIC HEARING(S) 12. Public Hearing to Consider On-Sale Liquor License by Jeremy Stiner for The Original Malt Shop Express and Resolution No. 2021-34, Approving On-Sale Liquor License for The Original Malt Shop Express INFORMAL STATUS REPORTS ADJOURN 3 Item 1. _~r{p|pƒx~} MALCOLM MITCHELL DAY Wednesday, May 5, 2021 WHEREAS, Malcolm Mitchell has served on the Springbrook Nature Center Foundation Board from 1999 to 2020 and as the Board Chair since 2002; and WHEREAS, through his leadership, Malcolm Mitchell was instrumental in the development of the S.P.R.I.N.G Project Master Plan to revitalize Springbrook Nature Center, and WHEREAS, Malcolm Mitchell played a leadership role in building a coalition of supporters and political leaders who worked to secure a grant of five million dollars for Springbrook Nature Center as part of the 2014 State of Minnesota bonding bill, and WHEREAS, Malcolm Mitchell was a leader in building community support for the passage of a special levy referendum, which provides critical operational funding for Springbrook Nature Center, WHEREAS, through consistent and skilled leadership, he harnessed the time and talents of dozens of community Board members to support and enhance Springbrook Nature Center, WHEREAS, Malcolm Mitchell invested countless hours into the administration of the Springbrook Nature Center Foundation through fundraising, advocacy, letter writing, community events and committee meetings, WHEREAS, Malcolm Mitchell has completed his final term of service on the Springbrook Nature Center Foundation Board and will continue to be a strong supporter and advocate for the City of Fridley, Springbrook Nature Center and the non-profit Springbrook Nature Center Foundation; and WHEREAS, the Fridley City Council recognizes the exceptional service and accomplishments that Malcolm Mitchell has contributed to the City of Fridley, the Springbrook Nature Center and the Springbrook Nature Center Foundation; NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley, do hereby proclaim Wednesday, May 5, 2021, as MALCOLM MITCHELL APPRECIATION DAY in the City of Fridley, Minnesota. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be th affixed this 26 day of April 2021. ____________________________________ Scott J. Lund, Mayor 4 Item 2. _~r{p|pƒx~} ANNETTE MITCHELL Wednesday, May 5, 2021 WHEREAS, Annette Mitchell served on the Springbrook Nature Center Foundation Board from 1998 to 2018; and WHEREAS, Annette Mitchell was instrumental in contributing sound planning and policy judgment to the Director of Springbrook Nature Center and the Board of the Springbrook Nature Center Foundation; and WHEREAS, Annette Mitchell served as Board Secretary from 2005-2013; organized, co-chaired and served on the annual Springbrook Spree Fundraiser Committee; collected numerous donations for the annual Springbrook Spree auction; organized, coordinated and helped with the Pumpkin Night in the Park concession booth; helped to organize the Saturday in the Park event; served on the Grand Opening Committees for the new Interpretive Center, Amphitheater and Nature Play Area; provided leadership to raise funds for the SPRING Project; served on numerous Board committees and has helped to make for successful operation of the Foundation Board throughout her terms; and WHEREAS, Annette Mitchell helped make Springbrook Nature Center a leader in environmental educational programming for residents of Fridley, the north metro region and statewide; and WHEREAS, Annette Mitchell helped to shape and define the Springbrook Nature Center and the Springbrook Nature Center Foundation; WHEREAS, the Fridley City Council recognizes the debt of gratitude the City owes to Annette Mitchell and commends her for her many contributions to the City of Fridley and the Springbrook Nature Center; NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley, do hereby proclaim Wednesday, May 5, 2021, as Annette Mitchell Appreciation Day in the City of Fridley, Minnesota. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of Fridley to be th affixed this 26 day of April, 2021. _______________________________________________ Scott J. Lund, Mayor 5 Item 3. _____________________________________________________________________________ _~r{p|pƒx~} ____________________________________________________________________________ May 2021 WHEREAS, the City of Fridley is undertaking a ; and WHEREAS, the City of Fridley manages thousands of trees within parks; and WHEREAS, system; and WHEREAS, access to trees and green spaces promotes greater physical activity and mental health; and WHEREAS, the last Friday in April, and throughout the month of May, citizens of Fridley pay special tribute to our trees and rededicate ourselves to the vitality of our forests. NOW THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor for the City of Fridley, do hereby proclaim the month of May 2021, to be: ARBOR MONTH in the City of Fridley, Minnesota. IN WITNESS WHEREOF, I have set my hand and caused the seal of the City of th Fridley to be affixed this 26 day of April 2021. ___________________________________ Scott J. Lund, Mayor 6 Item 4. AGENDA REPORT Meeting Date: April 26, 2021 Meeting Type: City Council Submitted By: Roberta Collins, Assistant to the City Manager Title Approve the Minutes from the Special City Council Meeting of April 16, 2021 Background Financial Impact Recommendation Staff recommends Council approve the minutes from the Special City Council meeting of April 16, 2021. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Community Identity & Relationship Building Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship x Organizational Excellence Attachments and Other Resources !Special City Council Minutes April 16, 2021 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 7 Item 4. ! CITY COUNCIL SPECIALMEETING ! April 16, 2021 ! 5:30 PM ! Fridley Civic Campus, 7071 University Avenue N.E. ! !! MINUTES The April 12, 2021 Fridley City Council meeting was cancelled due to Minnesota Executive Order 21-18, which established a temporary nighttime curfew in Anoka, Dakota, Hennepin and Ramsey Counties. Pursuant to Minnesota Statute § 13.04D, subd. 2, a Special Meeting of the Fridley City Council was scheduled for April 16, 2021 at 5:30 p.m. at Fridley City Hall to conduct the business previously scheduled on its April 12, 2021 agenda. CALL TO ORDER PRESENT Scott Lund Ann Bolkcom Stephen Eggert Dave Ostwald Tom Tillberry Wally Wysopal, City Manager Scott Hickok, Community Development Director Jim Kosluchar, Public Works Director Andrew Biggerstaff, City Attorney PLEDGE OF ALLEGIANCE PROCLAMATIONS/PRESENTATIONS 1. Fair Housing Month - April 2021 APPROVAL OF PROPOSED CONSENT AGENDA Motion made by Councilmember Ostwald. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES 2. Approve the Minutes from the City Council Meeting of March 22, 2021. OLD BUSINESS 3. Ordinance No. 1387, Amending the Fridley City Code Chapter 6, Commissions, Second Reading 8 Item 4. City Council Special Meeting 4/16/2021 Minutes Page 2 NEW BUSINESS 4. Receive the Minutes from the Planning Commission Meeting of March 17, 2021. 5. Resolution No. 2021-24, Approving Joint Powers Agreement with the State of Minnesota. 6. Resolution No. 2021-25, Scheduling a Public Hearing on May 10, 2021 for a Recommended Amendment to the Fridley City Charter Chapter 12 (Miscellaneous Provisions). 7. Resolution No. 2021-27, Approving Lot Split #21-02 Petitioned by B & D Mathews Investments LLC (Ward 1). 8. Resolution No. 2021-28, Approving Variance #21-03 petitioned by B & D Mathews Investments LLC (Ward 1). 9. Resolution No. 2021-30, Approving Change Order No. 3 (Final) for 2019 Street Rehabilitation Project No. ST2019-01. CLAIMS 10. Approve Claims Nos. 192302 192475. ADOPTION OF REGULAR AGENDA Motion made by Councilmember Bolkcom. Seconded by Tillberry. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: Consideration of Items not on Agenda 15 minutes. No one from the audience spoke. REGULAR AGENDA ITEMS NEW BUSINESS 11. Resolution No. 2021-29, Authorizing a Scope of Engineering Services for the 53rd Avenue Turnabout Project ST2021-521. Jim Kosluchar, Public Works Director, said the City of Fridley has been cooperatively working with the City of Columbia Heights to improve safety for vehicular traffic on 53rd Avenue just west of Central Avenue (Trunk Highway 65). There is a Joint Powers agreement between the two cities that establishes Fridley as project lead. The scope of services was received from Bolton & Menk for the final design. Bolton & Menk have provided technical assistance to date and are familiar with the project. The Highway Safety Improvement Program grant is a competitive grant, and the metro and federal funding is administered by MnDOT. The proposal would control access, provide for safe access to businesses and safe U-turn movements. The concept for 2021 includes engagement, design, permitting 9 Item 4. City Council Special Meeting 4/16/2021 Minutes Page 3 and authority to bid. The construction would take place in 2022-2023. The next steps include permitting, communications plan and project open house in early summer. For questions visit FridleyMN.gov/Projects or call 763-572-3554. Councilmember Eggert asked if the MTC would relocate the bus stop, and if so, where the new location would be. Mr. Kosluchar said he was not sure what the disposition would be. He said Fridley would coordinate improvements and location of bus stops with the Met Council. Councilmember Eggert noted that there is a lot of pedestrian traffic going to Target in that intersection. Mr. Kosluchar said there is a sidewalk and plans for a trail on the south side that will not be part of this project. There may be another project coming to coordinate trail access. They are hoping to get another round of funding for future projects. Councilmember Eggert asked if the timeline for this project is 2022-2025. Mr. Kosluchar replied correct, and the construction on the sewer lift station that is near the Target entrance will be constructed in 2021. Councilmember Tillberry asked what the likelihood was for getting funding for the street. Mr. Kosluchar replied the solicitation for federal funding is every two years. He said they are fairly competitive and the regional bicycle connection they are planning on incorporating in this route may give them more of a competitive edge. It all depends on the number of applicants and how much funding is available. This is a standalone project and will be improving safety in a different way. Having this segment done may help with future projects. Councilmember Bolkcom asked if this project would help in the next funding request. Mr. Kosluchar replied no, these are different sources of funding. Councilmember Bolkcom asked if staff received comments from anyone besides the agencies involved. Mr. Kosluchar said they advised businesses in the area of this project and they have seen the concepts. There are a few new businesses under construction, and they are also aware of the development activities happening. Motion made by Councilmember Tillberry. Seconded by Councilmember Eggert. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 12. Resolution No. 2021-31, Authorizing the Execution of a Coon Creek Watershed District Water Quality Cost-Share Agreement. : Item 4. City Council Special Meeting 4/16/2021 Minutes Page 4 Jim Kosluchar, Public Works Director, stated that Craig Park is a neighborhood park located at the northwest section of Fridley in Ward 3. It is comprised of primarily an open space/non-programmed ball field, steep hill, two tennis courts, half basketball court, playground (20 years old), and a grove of trees. It is near Riverview Heights Park and the on-road section of MRT. There have been drainage issues in this area. The regional low area - historic wetland is built in a bowl with poor soils and a high groundwater table. The existing storm sewer is deficient. There are opportunities for improvement with under-utilized space. Mr. Kosluchar said the drainage plan is to convey and manage the water via shallow swales and basins vegetated with native plants. They would use excavated material to build up the open play area, and integrate the water quality by treating water from the three-acre neighborhood north of 79th Way to improve the water quality of the Mississippi River. The park design concepts include updated amenities, improved play equipment that is more accessible and appeal to a wider audience. They would increase connectivity, environmental stewardship and consider maintenance impacts. Public outreach resulted in 50 responses and 90% were satisfied. The most common comments were to add more garbage/recycling containers, more habitat improvements and add a skating rink. Mr. Kosluchar said the initial project estimates for drainage improvements is $147,126. Staff applied for and received a Coon Creek Watershed District grant for $50,000. A match is budgeted within the CIP through Stormwater Utility Fund Reserves for Water Quality Improvements. The project supports the Local Water Plan, 2040 Comprehensive Plan, Parks Chapter, Pollinator Friendly Fridley resolution and Upper Mississippi River Bacteria TMDL and Mississippi River TSS TMDL. Staff recommends council approve Resolution 2021-31 authorizing the CCWD grant. Mr. Kosluchar indicated the next steps include developing final plans, holding the project open house in early summer, providing updates and collecting feedback on the rest of the parks on the park system story map. For details visit FridleyMN.gov/FindingYourFun-Updates. Councilmember Bolkcom asked staff to summarize the difference between the two plans. Mr. Kosluchar replied that the trail routing is different between the two concepts. The stormwater system will be built and expand with the trails and improvements. There is a change to the tennis courts in both plans, reducing them from two courts to one. Resurface of the basketball court is in both plans. The biggest difference is the play areas and trail routing. Councilmember Bolkcom asked if the tennis court could be used to play pickleball. Mr. Kosluchar replied that idea is in the plans, but the tennis court is a larger area. The stormwater improvements will take place regardless of what happens to the park. Councilmember Ostwald asked about the pollinator area and if that was a separate program or if it fell under the stormwater improvement. Mr. Kosluchar replied it is not funded out of this particular funding but there will be dry infiltration areas that will be used to our advantage for planting. He said they will take the best areas for pollinator installation, about a fraction of an acre. The pollinator area will need to be cleared out and weeded occasionally. 21 Item 4. City Council Special Meeting 4/16/2021 Minutes Page 5 Councilmember Eggert asked about the $147,000cost and if the $50,000 from Coon Creek was for the stormwater portion only. Mr. Kosluchar replied yes, the grant is not contingent on park improvements and is only for stormwater improvement. Councilmember Eggert asked if a final plan and new budget would be developed for the amenities coming to the park. Mr. Kosluchar replied they will establish the drainage first and then move on to the next steps. Councilmember Eggert noted that this is a good example of a concept plan with input from the residents. He encouraged people to go to Finding Your Fun in Fridley and share their comments. Mr. Kosluchar agreed that providing comments will have a big impact on the park plan. The time is now to put in comments to see if some can be incorporated into the plan. Councilmember Bolkcom asked what the timeline is for construction if approved tonight. Mr. Kosluchar replied the plan is for this to be completed in the 2021 construction season. Councilmember Eggert asked with all the construction activity this season if there was concern with finding contractors. Mr. Kosluchar replied that the general availability of contractors is not saturated yet. This is a modest size project, so staff anticipate several contractors will be interested. Councilmember Bolkcom asked if the park would be out of commission this summer. Mr. Kosluchar replied it would for the later part of the summer. Motion made by Councilmember Bolkcom. Seconded by Ostwald. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 13. Ordinance No. 1388, Amending Fridley City Code Chapter 101, Animal Control. Jeff Guest, Lieutenant, stated that Ordinance No. 1388 proposes a revision to Fridley City Code (Code) Chapter 101, Animal Control. The amendment will update, revise, and add language to the existing code. Fridley City Code, Chapter 101, regulates many aspects related to animals within the City. Minnesota Statues, sections 347.50 through 347.565, address the regulation of dangerous dogs. Ordinance No. 1388 proposes declaration, appeals process, registration and requirements, exemptions, reviews and notifications. Staff recommend Council approve the first reading of Ordinance No. 1388. Assuming the City Council approves the first reading, the City Council would consider the second reading of the ordinance at their meeting on April 26, 2021. 22 Item 4. City Council Special Meeting 4/16/2021 Minutes Page 6 Councilmember Bolkcom noted thatthroughout ordinance it refers to the number 12 and it is also spelled out. She asked if that could be consistent throughout the ordinance. Also, the ordinance mentions repetitive barking. She asked what that meant and how it would be enforced. Lieutenant Guest replied that the standard by the city prosecutor is to observe the dog from at least 100 feet for a period of 10 minutes. The educational process will be tried first to educate the dog owners and then if needed, enforcement will be used. Councilmember Bolkcom asked if the total ownership of dogs and cats or combination is 3 total. Lieutenant Guest replied that is correct--no more than 3 dogs or cats or any combination without having a multiple pet license. Multiple pet license applications are available on the website. A site plan and site inspection to make sure the facility can house more pets is needed. A multiple pet license is in addition to having a lifetime license per animal over 6 months of age. Councilmember Bolkcom asked with respect to bees, if someone wants to get a license and their neighbor is allergic to bees, if the person gets a letter from a physician, the bee license may not be approved. Scott Hickok, Community Development Director, replied that a license has been denied because a neighbor indicated they were allergic to bees and submitted note. That is the intent, and it is already in place. Lieutenant Guest noted that spelling out numbers is part of the stylistic changes that were made and handed out to Council tonight. The chickens and bee content was moved to the beginning of the ordinance. Councilmember Ostwald noted that bodily harm and biting was referenced about humans but asked if there was any reference to biting or attacking other dogs. Lieutenant Guest replied that definition is in the section that would fit under killed another animal off property. Councilmember Ostwald asked about the five-day retainment and what happens if the animal is not claimed. Lieutenant Guest replied that if the animal is not claimed after five days, there is a contract with Dover Kennels in Andover, and they will rehome or donate the animal to rescue. Dangerous or unhealthy animals would be euthanized. Councilmember Ostwald said animals that were provoked by being teased through the fence and reacting would not be considered dangerous. Lieutenant Guest replied correct. Councilmember Ostwald asked about page 206 where it says no more than four dogs/cats or a combination of both and other areas it says no more than three. 23 Item 4. City Council Special Meeting 4/16/2021 Minutes Page 7 Lieutenant Guestreplied a multiple pet license is required for threeor more.In Section 101.06,it is referencing animal nuisance, where four or more are kept without a multiple pet license. Councilmember Eggert said in the past Fridley encountered dangerous dogs and worked with residents and eventually the dangerous dogs were relocated and taken out of the City. Today, people are more resistant to giving up their animals. This may cause problems. Lieutenant Guest replied that they are trying to adopt the State SHe said they want to add specific language, and the State Statute allows us to become more restrictive to make people feel safe. Councilmember Eggert agreed that it is easier to reference City Code rather than looking for it in State Statute. Lieutenant Guest replied correct. It is also an easy reference for people wanting to move into Fridley and want to know what the City Code is. Councilmember Tillberry asked what type of class people need to take if they want to be licensed to have chickens on their property. Mr. Hickok replied the University of Minnesota has classes along with other resources. Councilmember Tillberry asked how much investment it takes to have chickens. Mr. Hickok replied that urban farming is very popular and encouraged. It is meant to be affordable. The expense is to purchase the chickens and building materials. The class would be the smallest expense. Councilmember Bolkcom asked if the liability of $300,000 is from State Statute. Lieutenant Guest replied yes. Councilmember Bolkcom asked when State Statute changes, do we get notification. Lieutenant Guest replied that the reference to State Statue is amended from time to time to cover changes that may happen. Attorney Biggerstaff added that they tried to define this by saying if State Statute changes, we will continue to rely on State Statute. Overall, the goal is to provide consistency between state law and city code. Councilmember Ostwald asked with the lifetime dog license, do people notify the City upon the death of their dog. Lieutenant Guest replied that in some cases people do notify us. Motion made by Councilmember Eggert. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 24 Item 4. City Council Special Meeting 4/16/2021 Minutes Page 8 14. Ordinance No. 1389, Amending Fridley City Code Chapter 11, Fees. Lieutenant Guest said the City Council may set fees and other charges to recoup the costs associated with certain City activities. Chapter 7 of the City Charter requires the City to charge fees that are "designed to cover the cost of the service." Earlier today at recent meetings, Council considered changes to the City Code Chapter 101 (Animal Control) requiring an amendment to Chapter 11. A $500 Potentially Dangerous Dog registration was added to Chapter 11. The fee is the same for Dangerous Dog registration. A maximum allowable fee for Dangerous Dog registration is pursuant to Minnesota Statute 347.41, subd. 2. This aligns the Potentially Dangerous Dogs registration fee with Dangerous Dog registration fee. Fees assessed are used to recoup staff time required to administer registration and inspection processes. Based on the process to date, staff recommends Council approve the first reading of Ordinance No. 1389, amending the Fridley City Code Chapter 11, Fees, Adding Potentially Dangerous Dog Registration Fee. Assuming the City Council approves the first reading, the City Council would consider a second reading and final adoption at their meeting on April 26, 2021. Councilmember Bolkcom asked what the difference was between a potentially dangerous dog and dangerous dog. Lieutenant Guest replied that a dangerous dog means any dog that has without provocation, inflicted substantial bodily harm, as defined by Minnesota Statutes 609.02, subd. 7(a), on a human being on public or private property; killed a domestic animal without provocation while off the owner's property; or been found to be potentially dangerous, and after the owner has noticed the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. A potentially dangerous dog means any dog that when unprovoked, inflicts bites on a human or domestic animal on public or private property; when unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack; or has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. Motion made by Councilmember Eggert. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 15. Ordinance No. 1390, Amending Fridley City Code Chapter 205.17, Uses Allowed with a Special Permit, Petitioned by Happy Tails Rescue Foundation, Public Hearing and First Reading (Ward 2) Scott Hickok, Community Development Director, stated the petitioner is requesting a text amendment to add the language "Animal Rescue Facility" as a special use in the M-1, Light Industrial Zoning District. The property is located on Baker Street, just north of 73rd Avenue. It is zoned M-1, Light Industrial, as are the properties to the north and south. The properties across Baker Street are zoned R-2, Two Family Units, and the properties to the east are zoned R-4, Manufactured Homes. Happy Tails Rescue's mission is to support animals in need. They focus on rescuing homeless and abandoned animals from high-kill shelters and Indian Reservations. Animals typically arrive a few times 25 Item 4. City Council Special Meeting 4/16/2021 Minutes Page 9 a week. Once they arrive, they review their paperwork, add them to their system, get their basic vetting up-to-date, and coordinate with foster homes to have them picked up for temporary care. Most dogs head to their foster homes within hours of arrival, while the cats and small animals (bunnies, ferrets, guinea pigs, and birds) are kept on-site. The 13,500 square foot building will be used for their office space, a veterinary suite, adoption center space, training space, and boarding and storage space. They also plan to fence in an outdoor play area for the dogs on the green space south of the existing building. The petitioner currently operates their business from 7920 University Avenue, multi-tenant building. They have been in this location since 2005 and have seen significant growth, which is the reason they were looking for a larger building and a property they could own. The petitioner and staff have drafted an ordinance that would allow an "Animal Rescue Facility" contingent upon approval for a special use permit provided the following conditions are met: a)!Animal Rescue use shall be inspected and licensed by the Minnesota Board of Animal Health on an annual basis. b)!An eight-foot solid fence must be constructed to enclose outdoor play area for the safety of the animals and the general public. c)!All animals shall be kept inside overnight for the safety of the animals and the general public. d)!Animal waste shall be picked up and properly disposed of daily for the safety of the animals and the general public. e)!Animal Rescue use shall comply with and meet all code requirements for noise, odor, and manure removal. Staff has determined that if those conditions can be met, with the issuance of a special use permit, the proposed request would meet the purpose and intent of the comprehensive plan and zoning ordinance and would not create any adverse effects beyond what a typical industry may impose. If the first reading of the ordinance is approved, the special use permit to allow this use will be on the Council agenda on April 26. City Staff recommends concurrence with the Planning Commission and that Council approve the first reading of Ordinance #1390. Councilmember Eggert asked what kind of fence would be installed in the animal pick-up and drop-off area. Mr. Hickok replied that it would be a solid fence to keep the animals from being distracted and overly excited. Councilmember Bolkcom asked how many dogs can be outside at one time and how many other dogs could be on-site. Mr. Hickok replied that there will be an annual review of the site, and it is a requirement that they meet the terms for short-term boarding. Dogs will not be outside without a handler. This business has been in operation for many years and staff have not had a complaint from any adjacent business. 26 Item 4. City Council Special Meeting 4/16/2021 Minutes Page 10 Tom Robb, Happy Tails Rescue President, said that they have a Hogan Heroes program where trained dogs are given to Purple Heart veterans at no cost in an effort to give back to the community. The other animals like birds and rabbits, have been found or given up and they find homes for them. Laura Westphal, Happy Tails Director, added that most animals come from impound facilities. They do not look for other animals but will help out with a rabbit or bird if impound asks them for help. The intent is to take care of the animals and find them a home. The fenced in area will be used for training classes in the summer. They have never had any issues with barking and all animals are on a leash when outside. One dog will go outside at a time unless there are dogs from one household or the same shelter that have a relationship. Mr. Robb said that right now their facility is located in a strip mall and he is not aware of any issues from neighboring businesses. They added a vet clinic which is how they ran out of space. The clinic is not open to the public. Councilmember Ostwald said he is familiar with the program and agrees this service is needed. Councilmember Eggert agreed they are doing wonderful things for our community. He asked if this was a 24-hour operation. Ms. Westphal replied that normal business hours are 7 a.m. to 9 p.m., but they are open on the weekends until midnight. Sometimes dogs arrive late depending on where they are coming from. This new space is nice because two garage doors are available to unload dogs inside so the dogs will not be able to run. The animals are not outside for a long period of time except when training sessions take place. Councilmember Eggert said that now the facility will be bordering a residential area, so he wanted to understand the process and how the facility would operate. Councilmember Bolkcom asked how many dogs they received in one year. Ms. Westphal replied that last year they found homes for 3,700 dogs. Wally Wysopal, City Manager, asked how they identify dangerous dogs or potentially dangerous dogs before they are fostered into the community. Ms. Westphal replied that there are requirements for animals they take in and they are not an open drop- off facility like the Humane Society. Dogs have to go through an evaluation with a trainer and be considered dog and people safe. The sending shelter also does an evaluation process on the dogs with a trainer before they are sent to their facility. Councilmember Eggert asked if a neighbor passes away, for example, and leaves their dog could, it be dropped off at Happy Tails. Ms. Westphal replied that they are not contracted with the City to take in strays. They would have to go through animal control. Mayor Lund asked if they ever had trouble finding enough dogs for people or have more problems finding people to foster the dogs. 27 Item 4. City Council Special Meeting 4/16/2021 Minutes Page 11 Ms. Westphal replied that Minnesota is an amazing state for animal care.The shelter in Houston has 400 animals and Minnesota animal control has six dogs. Other states want to send animals to Minnesota because of our great animal care. If they had more volunteers, they could save more animals. Motion made by Councilmember Tillberry. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. INFORMAL STATUS REPORTS Mr. Wysopal noted that the dangerous dog ordinance is something staff discovered that needed to be corrected to add administrative procedures. Many people suffered because of the deficiency in the code, and staff wanted to get that changed as soon as possible. He thanked staff and Lieutenant Guest who worked on the details of the proposed changes. He said Lieutenant Guest is retiring at the end of the month, and this is an example of his commitment to the City. Mr. Wysopal said the Parks Master Plan planning remains in place. He encouraged people to go to the City's website and submit their feedback. It will be discussed at the Town Hall meeting in June. Community parks that are not receiving a lot of input will have pop-up events for feedback. Councilmember Bolkcom said there is a meeting on Tuesday night about the service road off University Avenue to see what it will look like. Letters have been sent out to residents. Mr. Wysopal said the meeting will be behind the old Holly Center. Two more meetings will be held. One will be on the north side of Mississippi on the west side and one near the Walgreen's on the east side of University. The intention of the first meeting is to demonstrate how one-way traffic will work and how they will utilize the other half of the roadway for landscaping and a trail. Mayor Lund said the Fridley Historical Society Museum has been closed for over a year and are having a re-grand opening on May 8 from 10 a.m. to 4 p.m. The museum is located at 611 Mississippi. Updates are available on the website at www.fridleyhistory.org. ADJOURN Motion made by Councilmember Ostwald. Seconded by Councilmember Eggert. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Respectfully Submitted, Krista Peterson Scott J. Lund Recording Secretary Mayor 28 Item 5. AGENDA REPORT Meeting Date: April 26, 2021 Meeting Type: City Council Submitted By: Jeff Guest, Lieutenant Title Ordinance No. 1388, Amending Fridley City Code Chapter 101, Animal Control, Second Reading Background Ordinance No. 1388 proposes a revision to Fridley City Code Chapter 101, Animal Control. The amendment will update, revise, and add language to the existing code. The substantive changes to the Code address how the City will regulate potentially dangerous and dangerous dogs. Other changes throughout the ordinance are administrative in nature. At the City Council meeting on April 12 staff distributed a paper copy of Ordinance No. 1388 and noted the hard copy contained further revisions from what was in the agenda PDF. That was not the case. Upon careful inspection, staff report that the hard copy version was the same as the version in the agenda PDF. Financial Impact Recommendation Staff recommend the City Council approve the second reading and adoption Ordinance No. 1388. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Community Identity & Relationship Building Financial Stability & Commercial Prosperity X Public Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources !Ordinance No. 1388 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 29 Item 5. Ordinance No. 1388 Amending the Fridley City Code Chapter 101, Animal Control The City of Fridley does ordain, after review, examination and staff recommendation that Chapter 101, Animal Control, of the Fridley City Code be amended as follows: FRIDLEY CITY CODE CHAPTER 101. ANIMAL CONTROL (Ref. 30, 50, 61, 64, 76, 86, 276, 390, 462, 654, 798, 979, 1227, 1259, 1262, 1313, 1324, 1349) 101.01 DEFINITIONS The following definitions shall apply in the interpretation and application of this Chapter and the following words and terms, wherever they occur in this Chapter, are defined as follows: 1. Accredited Institution. An educational institution holding accredited status which has been licensed or registered by the Minnesota Office of Higher Education at the time the registrant obtained his or certificate. 12. Animal Every living creature except the human race. 3. Animal Control Authority The Fridley Public Safety Department is hereby designated as the Animal Control Authority. 24. Animal Control Officer Any individual designated by the City Manager or their designee to enforce the provisions of this Chapter, including all City community service officers and police officers. 35. Animal Shelter Any premises designated by the City Council for the purpose of impounding and caring for animals held under the authority of this Chapter, receiving registrations, license applications, and proof of vaccinations for such animals, and issuing licenses and tags for such animals. The facility may be owned by the City or may be a contracted shelter service. 46. Animal Tag A tag provided to individuals who are issued a license to maintain an animal. 7. Apiary. The assembly of one or more colonies of bees on a single lot. 2: Item 5. 8. Apiary Site. The lot upon which an apiary is located. 9. Beekeeper. A person who owns or has charge of one or more colonies of honeybees or a person who owns or controls a lot on which a colony is located whether or not the person is intentionally keeping honeybees. 10. Beekeeping Equipment. Anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom board and extractors. 56. Birds Any of the class of warm-blooded vertebrates distinguished by having the body more or less covered with feathers and the forelimbs modified as wings. 67. Cat Any animal of the feline species. 8. Chicken A chicken (Gallus gallus domesticus) is a domesticated type of fowl that serves as an egg or meat source. 9. Clucking. The sound uttered by a hen when laying eggs, brooding, or in calling her chicks. 10. Coop. The structure for the housing of chickens permitted by this Cchapter. 11. Colony An aggregate of honeybees consisting principally of workers, but having, when perfect, one queen and at times drones, brook, combs and honey. 12. Crowing. The sound uttered by a rooster is th many reasons including: reacting to a disturbance, reacting to almost any kind of sound, guarding , or just communicating with other chickens. 713. Cruelty or Torture Every act, omission or neglect whereby unnecessary or unjustifiable pain, suffering or death shall be caused or permitted. 814. Dangerous Dog A DangerousAny dog means any dog that has which has been declared to be a dangerous dog pursuant to this Chapter and Minnesota Statutes Sections 347.50 to 347.565 as may be amended from time to time.: 31 Item 5. A. Without provocation, inflicted substantial bodily harm, as defined by MN Statutes 609.02, subd. 7(a), on a human being on public or private property; B. Killed a domestic animal without provocation while off the owner's property; or C. Been found to be potentially dangerous, and after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. 915. Dog Any animal of the canine species. 16. Great Bodily Harm Great bodily harm shall have the meaning provided in Minnesota Statute § 609.02, subd. 8, as amended from time to time. 17. Hen A hen is a female chicken. 18. Hive The receptacle inhabited by a colony. 19. Honeybee All life stages of the common domestic honeybee (apis mellifera). This definition does not include wasps, hornets, African subspecies or Africanized hybrids. 1020. Kennel A place where two or more dogs, cats, or any combination thereof are kept: A. For the business of selling, boarding for a fee, breeding for sale, training or some other enterprise intended primarily for profitfor-profit making purposes; and B. Are licensed by the Minnesota Board of Animal Health. 1121. Livestock Horses, cattle, goats, rabbits, sheep, swine, fowl, and other animals used for utility. 1222. License 32 Item 5. The authority to keep an animal within the City of Fridley. 23. Licensee Any person who has applied and received approval of a City license. 1324. Multiple Pet Location Any residential lot where an occupant of the residence desires to keep more than three (3) dogs, cats or any combination thereof that are at least six (6) months of age as pets. 25. Nucleus Colony A small quantity of honeybees with a queen housed in a smaller than usual hive box designed for a particular purpose, and containing no supers. 26. Owner The license holder or any other person or persons, firm, association, organization or corporation owning, keeping, possessing, having an interest in, having custody or control of or harboring a dog. Any person keeping or harboring a dog for five consecutive days is an owner thereof for the purposes of this Chapter. 1427. Pet Shop Any person, partnership or corporation engaged in the business of breeding, buying, selling or boarding animals of any species. 1528. Potentially Dangerous Dog Any dog which has been declared to be a potentially dangerous dog pursuant to this Chapter and Minnesota Statutes Section 347.50 to 347.565, as amended from time to time. A Potentially dangerous dog means any dog that: A. When unprovoked, inflicts bites on a human or domestic animal on public or private property; B. When unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack; or C. Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. 29. Proper Enclosure 33 Item 5. A proper enclosure shall have the meaning provided in Minnesota Statute Section 347.50, subd. 4, as amended from time to time. 30. Provocation Provocation shall have the meaning provided in Minnesota Statute Section 347.50, subd. 8, as amended from time to time. 31. Queen An adult mated female that lives in a honeybee colony or hive that is usually the mother of most, if not all, of the bees in the beehive. A queen is developed from larvae selected by workers bees and specifically fed in order to become sexually mature. 1632. Rodents A destructive or nuisance animal including such animals as rats, mice, moles, voles and other wild animals which that are dangerous to the welfare of the public. 33. Rooster A rooster is a male chicken. 34. Run A fully enclosed and covered area attached to a coop where the chickens can roam unsupervised. 35. Substantial Bodily Harm Substantial bodily harm shall have the meaning provided in Minnesota Statute § 609.02, subd. 7a, as amended from time to time. 36. Super. A box that holds the frames where bees will store the honey. 37. Swarming The process where a queen bee leaves a colony with a large group of worker bees in order to form a new honeybee colony. 1738. Under Strict Control Under strict control refers to a dog or cat and is defined as: A. The animal may not leave the property; B. If the animal is let outside, the owner must be present at all times and it must be either inside a fenced in yard or on a leash; 34 Item 5. C. The animal may run free inside the residence; however, the animal must be contained or put into a separate room when visitors are present; D. The animal's owner must immediately notify the police departmentPublic Safety Department if the animal shows any sign of illness or aggression. 39. Unusual Aggressive Behavior Any instance in which unusual aggressive characteristics such as stinging or attacking without provocation occurs. Provocation is an act that an adult could reasonably expect may cause a bee to sting or attack. 1840. Veterinary Hospital Any establishments maintained and operated by a licensed veterinarian for the diagnosis, care and treatment: of diseases and injuries of animals. 1941. Waterfowl Includes these species of birds commonly known as geese, ducks, gulls and swans and any other waterfowl falling under the jurisdiction of the United States Fish and Wildlife Service. (Ref 1259) 2042. Wild Animals All living creatures not: human, wild by nature. 101.02. WILD ANIMALS AND BIRDS 1. Taking Wild Animals and Birds (Ref Ord 1227) Except as provided in Section 101.02.2 regarding nuisance wildlife control measures, it shall be unlawful for any person to hunt, take, shoot, trap, kill, injure or attempt to injure any wild animal or bird within the City of Fridley by use of a firearm, bow and arrow, trap, poison or any other means. Nothing in this Ssection, however, shall not prevent property owners or their agents from eradicating rodents on their property through the use of traps, poisons or other such lawful means, nor shall it prevent Nature Center staff, the Animal Control Officer or officers of the Fridley Police Department an agent of the City from trapping, immobilizing or killing a wild animal or bird for reasons of public safety or for reasons of humane destruction following injury. 2. Nuisance Wildlife Control Measures A. It shall be unlawful to hunt, take, shoot, trap, or kill any wild animal or bird within the City of Fridley without first having obtained a temporary nuisance wildlife control permit from the City. No permit shall be issued except upon the review and approval of a nuisance wildlife control plan and then only under the following conditions: 35 Item 5. 1) A special permit, authorizing wild animal or bird removal, shall first be secured from the Minnesota Department of Natural Resources and any federal agency mandated to regulate the taking of the species to be removed as may be required. 2) An indemnification agreement shall be submitted holding harmless the City of Fridley from any suits arising from any damages resulting from the nuisance wildlife control program. B. In addition to any other requirements as may be deemed necessary, the nuisance wildlife control plan shall at a minimum: 1) Include a site plan of the property upon which nuisance wild animals or birds are to be taken; 2) Identify the species and number of wild animals or birds to be taken and the method of disposal; 3) Describe the proposed manner of taking and incorporate appropriate safety standards as identified by the Minnesota Department of Natural Resources and public safety officials; 4) Provide complete identification, credentials and qualifications of all person involved in the taking; 5) Identify the measures to be used to secure the property from public intrusion during any taking. C. The Director of Public Safety or designeeCity Manager or their designee has the authority to approve, modify or deny a nuisance wildlife control plan, taking into account the health, safety and welfare of the public. D. No person shall intentionally disrupt a nuisance wildlife control program conducted pursuant to this Ssection by any means including but not limited to the use of noise, lights, chemicals, or by the intrusion into a restricted area where a nuisance wildlife control program is taking place. 3. Prohibition of Waterfowl Feeding A. It shall be unlawful to provide food (including food by-products, garbage or animal food) to waterfowl on City of Fridley owned park land. This shall include placing food or allowing food to be placed on the ground, shoreline, waterbody, or any structure, unless such items are screened or protected in a manner that prevents waterfowl from feeding on them. B. This prohibition shall not apply to veterinarians, city animal control officersAnimal Control Officer, or county, state or federal game officials who in the course of their duties have waterfowl in custody or under their management. 36 Item 5. C. This prohibition shall not apply to persons authorized by the City of Fridley to implement the Canada Goose management program and any future waterfowl management programs approved by the Ccity Ccouncil. D. This prohibition shall not apply to any food placed upon the property for purposes of trapping or otherwise taking waterfowl, where such trapping or taking is pursuant to a permit issued under Ssection 101.02.2. (ref 1260) 101.03. LIVESTOCK CONTROL 1. License Requirement No person shall engage in the keeping, raising, feeding or caring for livestock within the City limits of Fridley without first having obtained a license to do so. 2. License Procedure A. A license to keep livestock shall be granted only after written application, signed by the applicant, is filed with the City Manager or their designee city clerk. The application shall state the applicant's full name and address, and contain the number and species of the livestock to be kept and a scaled site plan of the premises showing the adjoining property and fence lines. B. The City Manager or their designee community development director, or his or her subordinate, shall review the application and site plan and inspect the property to determine the possible effects on adjoining properties, housing facilities, sanitation control and the effect on the general health, safety and welfare of the public. When the City Manager or their designee community development director, or subordinate, has determined that the applicant has substantially demonstrated that there will be no adverse effects upon adjoining properties, housing facilities, sanitation control, as well as the general health, and has otherwise met all other licensing requirements the City Manager or theircommunity development director, or subordinate designee, shall authorize the city clerk to issue the license. (Ref 1324) C. Any person keeping, raising, feeding or caring for horses, cattle, goats, sheep or swine shall provide no less than one (1) acre of open, unused land for each animal. 3. License Fee The annual license fee and expiration date for a livestock license shall be as provided in Chapter 11 of this Code. 4. Manure Removal Persons who keep animals within the City shall not allow any odors which are offensive to the people inhabiting the City such that they constitute a nuisance as defined in Chapter 110, entitled 37 Item 5. "Public Nuisance", of the City Code. Organic matter shall not be allowed to accumulate for more than one (1) week five business days at a time. However, organic matter shall be removed more often than one (1) time per week five business days if it is necessary to eliminate any odors that constitute a nuisance. 5. Housing Proper housing in the form of barns, coops or hutches shall be provided in any area where livestock are permitted to roam. Such housing shall be adequately fenced to insureensure that the livestock remain on the owner's premises. When livestock are kept in an area that abuts or adjoins a residential area on which dwellings are erected, there shall be a strip of land at least thirty (30) feet wide between such abutting property and the area on which the livestock are kept. 6. Inspection Any authorized Animal Control Officer of the City shall, at any reasonable time, be permitted upon the premises where livestock are kept for the purpose of making an inspection to determine compliance with this Chapter. 101.04. CHICKENS (Ref Ord 1349) 1. Purpose A. The purpose of this ordinance is to allow for the keeping of chickens on a small-scale basis and to address the negative impacts such as noise and odors that may result and that are not atypical in urban areas. B. The keeping of chickens, sometimes referred to is a movement spreading across the state and country. The urban chicken movement allows for the keeping of chickens on a small-scale for the purpose and desire of people to be closer to their food sources. This movement allows people to raise chickens in an urban environment to have access to fresh eggs on a regular basis for their own individual use and consumption. 2. Definitions A. Chicken. A chicken (Gallus gallus domesticus) is a domesticated type of fowl that serves as an egg or meat source. B. Clucking. The sound uttered by a hen when laying eggs, brooding, or in calling her chicks. C. Coop. The structure for the housing of chickens permitted by this Cchapter. D. Crowing. The sound uttered by a rooster is th for many reasons including: reacting to a disturbance, reacting to almost any kind of sound (cars, people, other roosters, other animals, etc.), guarding their territory, feeling 38 Item 5. territory, or just communicating with other chickens. E. Hen. A hen is a female chicken. F. Rooster. A rooster is a male chicken. G. Run. A fully enclosed and covered area attached to a coop where the chickens can roam unsupervised. 3.2. License Required A. No person shall keep, harbor, maintain or allow the keeping of chickens on any property in the City without an approved license. If the applicant is a tenant, they must also provide proof of approval of owner permitting the keeping of chickens. B. Education and training on how to raise chickens is required for the individual prior to the issuance of the initial license by the City. At the time of application for licensing, the individual must submit proof of completion of an educational course on the care and keeping of chickens. C. The application for licensing must be upon a form provided by the City. All required information must be complete, including the number and breed of chickens, a diagram or photograph of the proposed coop and run, description of sanitation control and a description on how chicken feed will be maintained or stored. D. A site plan of the property showing the location, size, and setback requirements of the proposed chicken coop and run shall be required. E. The property must be in compliance with all other applicable City regulations in order to receive approval and renewal. F. If the licensee fails to maintain the standards of practice subsequent to issuance of the license, the Community Development DirectorCity Manager or their designee license may revoke the license. G. Within six months of the effective date of this Ssection, individuals who have been keeping chickens in the City must either apply for and receive a license or remove the chickens and structures from property. th H. The license shall be valid until April 30 of each calendar year following initial issuance and must be renewed prior to annual expiration by submitting a renewal form provided by the City and the required renewal fee. I. The fees for the license are set in Chapter 11 of the Fridley City Code. 4.3. Location and Size of Coop and Run 39 Item 5. A. Residents on properties zoned R-1, Single Family Residential may be permitted to keep and raise chickens as a hobby with a license and shall be limited to a maximum of six chickens per property. B. Coop and run area must be located in the backyard and must be located a minimum of thirty (30) feet from all adjacent property lines. C. Coop and covered run area shall be limited to no more than sixty (60) square feet. D. Coop size shall be not less than three (3) square feet per bird, be weather proofweatherproof and fully enclosed. E. The coop shall comply with current zoning and building codes. The coop shall be constructed with architecturally appropriate building materials including exterior grade siding and either a metal, composite or shingled roof. In the alternative, coop may be purchased from a commercial source that constructs structures specifically to be used as coops for chickens. F. The run shall have a fence around the enclosure and shall be securely constructed with mesh type material. G. The run shall have protective overhead netting or fencing to prevent the chickens from roaming freely and to protect them from other animals. H. If the keeping of chickens has been discontinued for more than 12 consecutive months, the licensee must remove the coop and run and restore the site within five business days. 5.4. Conditions A. There shall be a maximum of six chickens kept on site at any one time. B. There shall be no roosters or loud clucking hens permitted on site. C. There shall be no chickens allowed or kept inside of any residential garage or dwelling unit. D. Chickens shall be secured inside of a shelter from sunset to sunrise each day to prevent nuisance noise and attraction of predators. E. Chickens shall be confined to the chicken coop and run area and may not roam free on the property. F. Housing facilities and grounds shall be maintained in a clean and sanitary condition, and kept in good repair. Flies, rodents and noxious odors shall be controlled. Facilities 3: Item 5. shall be kept free of fecal matter and collected fecal matter shall be properly stored and disposed of weekly. G. If chickens are to be maintained during the winter months, the chicken coop shall be winterized to protect the chickens in cold weather. H. Chickens shall be fed within the confines of the chicken coop or run area. Feed shall be stored in leak-proof containers with a tight-fitting cover to prevent attracting vermin. I. The raising of chickens for breeding purposes is prohibited on residentially used or zoned properties. J. There shall be no slaughtering or butchering of any chickens on residential properties within the City of Fridley. 6.5. Inspection As a part of the initial license application or annual renewal each resident must allow an inspection of the coop and run area. The City Manager or their designee Community Development Director or designee shall have the right to inspect any coop and run for the purpose of ensuring compliance with this Ssection between 8 a.m. and 5 p.m. Monday through Friday upon providing prior notice to the owner of the property. In the case of a complaint regarding the coop and run, the site may be inspected without prior notice. In the event the licensee moves to a new residential lot within the City of Fridley, the licensee is required to complete a new application for the new location. 7.6. Appeal and Hearing Procedure A. Licenses issued under this Section may be denied, revoked or non-renewed due to any of the following: 1) The keeping of chickens in a manner which constitutes a nuisance to the health, safety or general welfare of the public; 2) A chicken may be impounded by the cCity pursuant to City Code Section 101.11 if it is found to be at large in violation of this Ssection. After being impounded for five (5) business days without being reclaimed by the owner, it may be humanely euthanized or sold. A person reclaiming any impounded chickens shall pay the cost of impounding and boarding of the chicken(s). 3) Fraud, misrepresentation, or a false statement contained in the registration application or during the course of the registered activity; or 4) Any violation of the applicable provisions in this Chapter. 41 Item 5. B. Notice of approval, denial revocation or non-renewal must be made in writing to the applicant. The applicant may request a hearing by submitting a written request to the City Manager or their designeecity clerk within fourteen (14) business days of the date of the notification letter. C. The Appeals Planning Commission shall hold a hearing on a contested approval, denial, revocation, or non-renewal. The appeal process to be used shall be the same process described in Section 128.06 of the Fridley City Code. At the hearing, the applicant may speak and may present witnesses and other evidence. Upon the conclusion of the hearing, the Appeals Planning Commission shall issue a written decision that includes findings of fact. The City shall provide the applicant with a copy of the Appeals Planning Commission decision. The applic to the Ccity Ccouncil by submitting a written request to the City Manager or their designeecity clerk within fourteen (14) business days of the date of the Appeals Planning Commission decision. 101.05. BEEKEEPING (Ref Ord 1349) 1. Purpose Honeybees are an asset to the community and important in the pollination of plants and production of honey and other products. The purpose of this ordinance Section is to allow for the hobby of keeping honeybees and to establish certain requirements for beekeeping within the City, to avoid issues which might otherwise be associated with beekeeping in populated areas. 2. Definitions As used in this section of the Code, the following words and terms shall have the meanings ascribed in this section unless the context of their usage indicates another usage. A. Accredited Institution. An educational institution holding accredited status which has been licensed or registered by the Minnesota Office of Higher Education at the time the registrant obtained his or certificate. B. Apiary. The assembly of one or more colonies of bees on a single lot. C. Apiary Site. The lot upon which an apiary is located. D. Beekeeper. A person who owns or has charge of one or more colonies of honeybees or a person who owns or controls a lot on which a colony is located whether or not the person is intentionally keeping honeybees. E. Beekeeping Equipment. Anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom board and extractors. F. Colony. An aggregate of honeybees consisting principally of workers, but having, when perfect, one queen and at times drones, brook, combs and honey. 42 Item 5. G. Hive. The receptacle inhabited by a colony. H. Honeybee. All life stages of the common domestic honeybee, apis mellifera. This definition does not include wasps, hornets, African subspecies or Africanized hybrids. I. Licensee. Any beekeeper or person who has applied and received approval of a beekeeping license. J. Nucleus Colony. A small quantity of honeybees with a queen housed in a smaller than usual hive box designed for a particular purpose, and containing no supers. K. Queen. An adult mated female that lives in a honeybee colony or hive that is usually the mother of most, if not all, of the bees in the beehive. A queen is developed from larvae selected by workers bees and specifically fed in order to become sexually mature. L. Super. A box that holds the frames where bees will store the honey. M. Swarming. The process where a queen bee leaves a colony with a large group of worker bees in order to form a new honeybee colony. N. Unusual Aggressive Behavior. Any instance in which unusual aggressive characteristics such as stinging or attacking without provocation occurs. Provocation is an act that an adult could reasonably expect may cause a bee to sting or attack. 3.2. Beekeeping License Required A. No person shall keep, harbor, maintain or allow to be kept any hive or other facility for the housing of honeybees on or in any property in the City without an approved license. B. Beekeeping training and education is required for the beekeeper prior to the issuance of the initial beekeeping license by the City. At the time of application for licensing, the beekeeper must submit a certificate of completion of a honeybee keeping course from an accredited Minnesota institution. C. The application of licensing must be upon a form provided by the City. All required information must be complete. D. Each apiary site must apply for a license and receive approval prior to bringing any honeybees into the City. th E. The beekeeping license shall be valid until April 30 of each calendar year following initial issuance and must be renewed prior to annual expiration by submitting a renewal form provided by the City and paying the required renewal fee. 43 Item 5. F. Upon receipt of an application for initial license, the City will send written notice to all owners of properties located within 200 feet of the property line of the apiary site identified on the application. Any objections must be made in writing and received within fourteen (14) business days of mailing the notice. G. The license may be denied if the City receives a written objection from a resident living within the designated notification area who provides reasonable evidence that he or she or a member of his or hertheir household has an allergy to honeybee venom. H. The fees for the license are set in Chapter 11 of the Fridley City Code. I.H. The property must be in compliance with all other applicable City regulations in order to receive approval and renewal. J.I. If the licensee fails to maintain the standards of practice subsequent to issuance of a beekeeping license, the City Manager community development director or their designee may revoke the license. K.J. Beekeepers operating in the City prior to the effective date of this Ssection must either apply for and receive a license or remove the bees and structure within six months of the effective date. 4.3. Colony Location A. Residents on properties zoned R-1, Single Family Residential may be permitted to keep and raise honeybees as a hobby and shall be limited to two colonies per property. B. Hives must be located in the backyard and must be located a minimum of thirty (30 ) feet from all property lines. C. If any licensed beekeeper serves the community by removing a swarm or swarms of honeybees from locations where they are not desired, that person shall not be considered in violation of the colony density restrictions in this Ssection if the following conditions are met: 1) The person temporarily houses the honeybees at an apiary site of a beekeeper licensed by the City; 2) The bees are not kept for more than thirty (30) days; and 3) The site remains in compliance with the other provisions of this Ssection. 5.4. Required Conditions A. No more than two colonies may be kept on the property at one time. 44 Item 5. B. For each colony permitted to be maintained in this Ssection, there may also be maintained upon the same apiary lot, one nucleus colony in a hive structure not to exceed one standard nine and five-eighths (9 5/8) inch depth box, ten frame hive body with a maximum of five 5 supers. C. Honeybee colonies shall be kept in hives with removable frames which shall be kept in sound and usable condition. D. Each colony on the apiary site shall be provided with a convenient source of water which must be located within ten 10 feet of each active colony. E. Materials from a hive such as wax combs or other materials that might encourage robbing by other bees shall be promptly disposed of in a sealed container or placed within a building or other bee and vermin proof enclosure. F. Beekeeping equipment must be maintained in good condition, including keeping the hives free of chipped and peeling paint if painted, and any unused equipment must be stored in an enclosed structure. G. Hives shall be continuously managed to provide adequate living space for their respective honeybees in order to prevent swarming. H. In any instance in which a colony exhibits unusual aggressive behavior, it shall be the duty of the beekeeper to promptly re-queen the colony. I. Honey may not be sold from any residential property. 6.5. Inspection As part of the initial application or annual renewal, each beekeeper must allow an inspection of the apiary site. The City Managercommunity development director or their designee shall have the right to inspect any apiary for the purpose of ensuring compliance with this Ssection between 8 a.m. and 5 p.m. Monday through Friday upon providing prior notice to the owner of the apiary property. In the case of a complaint regarding the apiary, the apiary site may be inspected without prior notice. In the event the licensee moves to a new residential lot within the City of Fridley, the licensee is required to complete a new application for the new location. 7.6. Appeal and Hearing Procedure A. Licenses issued under this Ssection may be denied, revoked or non-renewed due to any of the following: 1) The keeping of honeybees in a manner which constitutes a nuisance to the health, safety or general welfare of the public; 2) Fraud, misrepresentation, or a false statement contained in the license application or during the course of the licensed activity; or 45 Item 5. 3) Any violation of the applicable provisions in this Chapter. 4) Objection by a resident as stated in this Cchapter. B. Notice of approval, denial revocation or non-renewal must be made in writing to the applicant and to any person opposing the initial application specifying the reason(s) for the action. The applicant or any person opposing the application may request a hearing by submitting a written request to the City Manager or their designeecity clerk within fourteen (14) business days of the date of the notification letter. C. The Appeals Planning Commission shall hold a hearing on a contested approval, denial, revocation, or non-renewal. The appeal process to be used shall be the same process described in Section 128.06 of the Fridley City Code. At the hearing, the applicant and any person opposing the initial application may speak and may present witnesses and other evidence. Upon the conclusion of the hearing, the Appeals Planning Commission shall issue a written decision that includes findings of fact. The City shall provide the applicant and any opposing party with a copy of the Appeals Planning Commission decision. The applicant may appeal the Commi submitting a written request to the City Manager or their designeecity clerk within fourteen (14) business days of the date of the Appeals Planning Commission decision. 101.06. ANIMAL NUISANCE It shall be unlawful for any person to own, keep, or harbor any animal which is considered a nuisance. (Ref. 979.) For the purpose of this Chapter, an animal nuisance shall exist under any of the following conditions: 1. The animal is not confined to the owner's or custodian's property by adequate fencing or leashing. 2. The animal is off the premises of the owner or custodian and is not under the control of the owner or custodian by a leash. Such leash shall not exceed eight (8) six feet in length. This provision is not applicable when an animal is in a motor vehicle. 3. The animal commits damage to the person or property of anyone other than the owner, or creates a nuisance, as defined in this Chapter or in Chapter 110, entitled "Public Nuisance", of the City Code, upon the property of one other than the owner. This provision is not applicable when the animal is acting in defense of the owner, the owner's family or the owner's property. 4. A female animal is in heat and off the premises of the owner, unless confined while being transported to or from the premises of the owner. This provision is applicable when a female animal is in heat and is on the premises of the owner, but is not kept in a building or secure enclosure where it cannot be in contact with other males of its kind, except for planned breeding. 46 Item 5. 5. The animal barks, howls, cries, yelps, or makes any other noise habitually and/or repetitively that the person who owns, keeps, or harbors the animal knows, or has reasonable grounds to know that it will, or tend to, alarm, anger or disturb other persons residing in the vicinity thereof. (Ref. 979.) 6. The animal chases vehicles or otherwise interferes with pedestrians, automobiles, bicycles, motorcycles, motor bikes or snowmobiles on public streets, alleys, properties or highways. 7. The animal is not currently vaccinated against rabies as evidenced by the certificate of an authorized veterinarian. (Ref 1313) 8. Any lot or premises on which four (4) or more dogs or cats, or any combination of four (4) or more dogs or cats, at least six (6) months of age, are kept. Additional animals may be kept in non-residential zones that meet the City's zoning requirements for a kennel license. (Ref, 979.) 9. Any person eighteen (18) years of age or older or the parents or guardians of any person under eighteen (18) years of age who owns, harbors or keeps a dog, allows such dog to run at large in the City. The age of such dog is irrelevant. 10. Any person having the custody or control of any animal does not clean up feces of the animal and dispose of such feces in a sanitary manner. 11. Any person having the custody or control of any animal allows such animal to defecate on the private property of anyone other than the owner. 12. When on a park or public land, any person having the custody or control of any animal does not immediately remove any feces left by such animal and dispose of such feces in a sanitary manner or does not have in possession a device or equipment for the picking up and removal of animal feces. The provisions of this Section shall not apply to a guide dog accompanying a blind person or rescue activities. 13. To allow an animal on the premises of any bathing beach or the City Community Park, whether ridden, lead, carried, or running at large. (Ref. 979.) 101.07. DOG LICENSING 1. License A. No person shall own, keep or harbor any dog over the age of six (6) months within the City unless they have registered and received a dog license from the City. A license shall be issued by the City upon the completion submission of a completedn application, and proof of rabies vaccination, and satisfaction of all of the requirements of this Chapter. The license shall be valid for the life of the dog and is transferable to a new owner, provided notice of the transfer is provided to the City ClerkCity Manager or their designee pursuant to this Cchapter. 47 Item 5. s name, address, phone and e-mail address; d proof of rabies vaccination. No license shall be issued for a dog upon which proof of vaccination has not been provided at the time of the application. maintaining current vaccinations at all times. The owner must provide proof of current rabies vaccination upon request or demand 1) licensing authority; 2) Animal Control Officer; 3) police departmentAnimal Control Authority; or 4) individual that may have been harmed, injured or bitten by the dog. 2. Tag A. An animal tag shall be issued by the City for all licensed dogs. The owner shall affix the tag to the collar or harness of the registered licensed dog in such a manner so that the tag may be seen. The owner shall see to it that the tag is constantly worn by the dog. In case any tag is lost, a duplicate may be issued by the City. A charge, as provided by Chapter 11 of this Code, shall be made for each duplicate tag. B. It shall be unlawful for any person to do any of the following: 1) counterfeit or attempt to counterfeit a dog tag; 2) remove a valid tag for any purpose; 3) to own, keep or harbor a dog wearing a counterfeit, fictitious, altered, or invalid license tag; 4) to own or keep a license tag not issued in connection with the licensing or keeping of the dog wearing the same. C. Dog tags shall not be transferable to another dog and no refunds shall be made on a license fee because of transfer of the dog out of the City or death of the dog. 3. Death of Dog Any person to whom a dog license is issued must notify the City ClerkCity Manager or their designee in writing of the death of the dog for which the license was issued. Within 30 days of the death of the dog, if requested by the City ClerkCity Clerk or their designee, the owner shall execute an affidavit under oath setting forth the ci 48 Item 5. 4. Transfer of Dog A. Transfer Within the City. Any person to whom a dog license is issued must notify the City ClerkCity Manager or their designee in writing of the transfer of the dog to a new owner, if applicable, and new location within the City where the dog will reside. Within 30 days of the transfer of the dog, if requested by the City ClerkCity Manager or their designee, the owner shall execute an affidavit under oath setting forth the complete name, address, and telephone number of the person to whom the dog has been transferred, if applicable, and the address within the City where the dog has been relocated. B. Transfer Outside the City. Any person to whom a dog licensed is issue must notify the City Clerk City Manager or their designee in writing of the transfer of the dog to a new owner, if applicable, and new location outside of the City where the dog will reside. Within 30 days of the transfer of the dog, if requested by the City Clerk, the owner shall execute an affidavit under oath setting forth the complete name, address, and telephone number of the person to whom the dog has been transferred (if applicable) and the address outside of the City where the dog has been relocated. 101.08. REVOCATION 1. A dog license may be denied or revoked if: A. The person to whom such license is issued violates Section 101.04101.06 related to animal nuisance or violates Section 101.05101.07 related to dog licensing three (3) times within a twelve (12) month period or lifetime; or B. The person to whom such license is issued violates the terms of Minnesota Statutes Chapter 343 related to cruelty to animals; or C. The person to whom such license is issued violates the terms of Minnesota Statutes Chapter 347 or the City Code related to the regulation of potentially dangerous or dangerous dogs; or D. The person violates any other provision of the City Code, or other applicable law, rule, or regulation; or DE. The Aanimal Ccontrol Oofficer determines that the dog poses a substantial risk to public safety or the well being of the community. 2. An Animal Control Officer shall send written notice of the denial or revocation to the person to whom such license was issued. The notice shall state the basis for the denial or revocation and that an appeal hearing may be requested, in writing, addressed to the City ClerkCity Manager or their designee, within fourteen (14) business days of the date of the notice. The appeal shall be heard by the City Council. 49 Item 5. 3. Any person whose dog license is denied or revoked shall, within fourteen (14) days of the date of the notice of denial or revocation, appeal the decision as required by Section 101.06.2101.08, remove permanently from the City, or humanely dispose euthanize of any and all dogs owned, kept or harbored by such person. No part of the license fee shall be refunded unless the person prevails on appeal. If any member of a household is prohibited from owning a dog by reason of license revocation, denial, or any other provision of this Chapter, unless specifically approved with or without restrictions by the City, no person in the household is permitted to own, keep or harbor a dog in the City. 4. If a dog license is denied or revoked, no new dog license may be issued for a period of three (3) years from date the license is denied or revoked, and any person who has had their dog license revoked may not own a dog within the City without such license. Beginning three (3) years after a revocation under this Ssection that prohibits a person from owning a dog, and annually thereafter,. Tthe person may request in writing that the Public Safety DirectorCity Manager or their designee review the prohibition. The Public Safety DirectorCity Manager or their designee may consider such facts as the seriousness of the violation or violations that led to the revocation, any criminal convictions, or other facts deemed appropriate. The Public Safety DirectorCity Manager or their designee may recommend that the City rescind the revocation entirely or rescind it with limitations. The Public Safety DirectorCity Manager or their designee also may recommend conditions a person must meet before the revocation is rescinded, including, but not limited to: A. Evaluation by a certified applied animal behaviorist or a board-certified veterinary behaviorist and completion of any training or other treatment as deemed appropriate by that expert. B. Spaying or neutering. C. Secure, humane confinement in a manner that prevents escape and unsupervised contact with the public, permits the dog adequate exercise and provides protection from the elements. D. Direct supervision by an adult 18 years of age or older whenever the dog is on public property. E. Successful completion of a dog handling course. F. Muzzling in public, in a manner that prevents the dog from biting people and other animals but does not injure the dog or interfere with vision or respiration. G. Implanting microchip identification in the dog and providing the City with the name of the microchip manufacturer and identification number of the microchip. cense revocation and the person subsequently fails to comply with any limitations imposed by the Animal Control Officer Authority or the person is convicted of any animal violation, the City may permanently prohibit the person from owning, keeping or harboring a dog within the City. 4: Item 5. 5. A dog license revocation is in addition to any penalty against a dog owner arising from a violation of this Chapter or State Statute. 101.09. EXEMPTIONS Section 101.05101.07 of this Chapter requiring a license and tag shall not apply to nonresidents of the City who are keeping only domestic pets, provided that the animals of such owners shall be kept in the City no longer than thirty (30) days and the animals are kept under restraint. All other provisions of this Chapter shall apply to nonresidents and their pets. 101.10. FEES The fees for this Chapter shall be as provided in Chapter 11 of this Code. 101.11. 101.10. IMPOUNDING 1. Generally A. The Animal Control Officers may shall, take up seize and impound any animals requiring licenses or tags found in the City without the licenses or tags and; or any animals which are found to be in violation of any of the other provisions of this Chapter. Animals shall may be impounded in an Animal Shelter and confined in a humane manner. Impounded animals shall may be kept for not less more than five (5) regular business days of the Animal Shelter, unless reclaimed by their owners. B. If an animal is found at large and the owner or custodian can be identified, the Animal Control Officer may proceed against the owner for violation of this Chapter. C. The Animal Control Officer may enter upon any public or private premises by warrant or as otherwise provided by law when such officer is in reasonable pursuit of his or hertheir duties. D. Upon receiving any animal as provided in this Chapter, the Animal Shelter personnel who receive animals shall check for identification on each animal, identify the owner by the identification whenever possible, and promptly notify the owner of the location of the animal by the most expedient means. The Animal Shelter and Public Safety Department police department shall maintain a record of animals so impounded. 2. Impounding Potentially Dangerous or Dangerous Dog The Animal Control Officer may seize and impound any dog which is determined to be a potentially dangerous dog or dangerous dog pursuant to Minnesota Statute and this Section under the following conditions: A. The dog inflicted substantial bodily harm on a human in public or private property without provocation; 51 Item 5. B. The dog inflicted multiple bites on a human on public or private property without provocation; C. The dog bit multiple human victims on public or private property in the same attack without provocation; D. The dog bit a human on public or private property without provocation in an attack where more than one dog participated in the attack; Section has been exhausted or expired and the owner has failed to comply with the provisions of this Section or the provisions of Minnesota State Statutes 347.50 through 347.56; or F. A potentially dangerous or dangerous dog commits a subsequent act or acts described in Section 101.01(14), 101.06(1), 101.06(2), and 101.06(6). 23. Claiming an Impounded Animal A. In the instance of animals for which the owner does not have a required license or tag, the Animal Shelter shall not return such animal to the owner until a license has been applied for and a tag have has been purchased from the City or Animal Shelter. Such Animal Shelter shall remit to the City the sum paid for the tag and furnish the City with the completed dog license application and proof of current rabies vaccination submitted in connection therewith. B. The owner of the an impounded animal shall pay the Animal Shelter an impounding fee. The Animal Shelter shall turn over to the City any impounding fees received. The City shall place such fees in the General Fund of the City. C. If a rabies vaccination is required and the owner cannot produce proof that the animal has had a current rabies vaccination, the Animal Shelter shall ensure that such dog or other animal is vaccinated for rabies as a condition of release to the owner, the animal's owner shall pay to the Animal Shelter the cost of the immunization. D. The owner of the an impounded animal shallshall be liable for and pay the Animal Shelter the cost of feed and care for each day the animal is impounded in the animal shelter. E. Unless otherwise determined by the Animal Control Authority, a dog impounded pursuant to Section 101.10(2) above shall not be released from impound until the dog owner satisfies the requirements of this Chapter and Minnesota Statutes related to the registration and keeping of potentially dangerous or dangerous dogs, as verified by an Animal Control Officer. 34. Unclaimed Impounded Animals 52 Item 5. Any impounded animal not claimed within five (5) regular business days of the Animal Shelter shall become the property of the Animal Shelter and may be disposed of in a manner permitted by law. The licensed owner shall be liable to the Animal Shelter for costs incurred in confining and disposing of the animal. 101.11 POTENTIALLY DANGEROUS DOGS AND DANGEROUS DOGS 1. Adoption of State Law Minnesota Statutes Sections 347.50 through 347.565, are hereby adopted. Every provision contained in the foregoing sections is hereby adopted and made a part of this Cchapter by reference as if fully set forth herein. In the event of conflict between Sstate law and the provisions of this Chapter, the more restrictive provision shall apply. 2. Declaration of Potentially Dangerous or Dangerous Dog An officer of the Animal Control Authority or any other duly-appointed animal control officer shall be responsible for declaring a dog as potentially dangerous or dangerous, in accordance with all applicable laws, rules, and regulations. 3. Notice of Declaration Upon declaration by the City that a dog is potentially dangerous or dangerous, the City shall provide notice within five business days of this declaration by delivering or mailing the notice to the owner of the dog, or by posting a copy of the notice at the place where the dog is kept, or by delivering it to a person residing on the property. The notice shall include: A. A description of the potentially dangerous or dangerous dog; the authority for and purpose of the potentially dangerous or dangerous dog declaration and seizure, if applicable; the time, place, and circumstances under which the dog was declared potentially dangerous or dangerous; and the telephone number and contact person where the dog is kept; B. A statement that the owner of the dog may request a hearing before the Hearing Examiner concerning the potentially dangerous or dangerous dog declaration and that failure to do so within 14 days of the date of the notice will terminate the owner's right to a hearing under this Section; C. A form to request a hearing under this subsection; and D. A statement that all actual costs of the care, keeping, and disposition of the dog are the responsibility of the person claiming an interest in the dog, except to the extent that a court or Hearing Examiner finds that the seizure or impoundment was not substantially justified by law. 4. Administrative Appeal of Declaration 53 Item 5. An owner may appeal a declaration that its dog is potentially dangerous or dangerous by submitting a written request for a hearing, on a form provided by the City, to the City Manager or their designee stating that the owner contests the declaration accompanied by a non-refundable hearing fee, made payable to the City of Fridley, within 14 business days of the service of the potentially dangerous or dangerous dog declaration. Such requests for appeal will be handled according to this Section. A. ppeal or otherwise contest the potentially dangerous or dangerous dog declaration shall be deemed waived if the owner fails to serve a written request for appeal within 14 business days of the receipt of the notice. The owner of a dog which has been declared a potentially dangerous or dangerous dog must comply with the applicable requirements set forth in this Chapter and Minnesota Statutes Sections 347.50 through 347.565. B. Timely Appeals: If a timely appeal is filed from a declaration that a dog is potentially dangerous or dangerous, the owner must immediately comply with the requirements of Minnesota Statutes Section 347.52, paragraphs (a) and (c), and until such time as an opinion is rendered. C. Hearing Process: If a timely appeal is filed, a hearing shall be held within 14 business days after the City's receipt of the appeal and the following procedures shall be followed: 1) The City shall refer the matter to an impartial Hearing Examiner to conduct the appeal. 2) Both parties may be represented by Counsel, shall have the opportunity to present testimony, be able to call and question witnesses and introduce any exhibits; however, strict rules of evidence shall not apply. All persons giving testimony will be sworn under-oath and subject to the penalty of perjury. The dog may not be brought to the hearing. The records of the Animal Control Officer shall be admissible for consideration without further foundation. The Hearing Examiner shall receive and give weight to the evidence, including hearsay evidence. 3) The hearing shall be recorded with an audio recording device and a full record of the proceedings shall be maintained by the City according to the Minnesota Government Data Practices Act. 4) The Hearing Examiner has the authority to do any of the following, or a combination thereof: a) Uphold the declaration and require the owner to comply with all provisions of this subsection within 14 business days; or b) Overturn the declaration and make findings that no violation has occurred; or 54 Item 5. c) May elevate the designation from potentially dangerous to dangerous dog based upon evidence presented at the hearing; or d) May elevate the designation from dangerous dog to destruction based upon evidence presented at the hearing. 5) Failure to appear at the scheduled hearing shall result in a default judgment against the party who fails to appear. If the owner fails to appear, the declaration shall be upheld and the fee for the cost of the hearing shall be refunded to the owner. The hearing date or time may be rescheduled only one time, and not within the 72 hours immediately preceding the hearing. Cancellations for any reason within the 72 hours of the scheduled hearing will result in the forfeiture of the non-refundable fee. If the City fails to appear, the declaration shall be dismissed, and the filing fee shall be refunded to the owner. 6) The Hearing Examiner shall issue a written decision within 10 business days of the hearing. The decision shall be delivered registered mail as soon as practical and a copy must be provided to the Fridley Public Safety Department. The decision of the Hearing Examiner is final. 5. Exemption The provisions of this Section do not apply to the following: A. Dogs used by law enforcement officials for police work. B. Dogs may not be declared potentially dangerous or dangerous if the threat, injury or damage was sustained by a person: 1) Who was committing, at the time, a willful trespass or other tort upon the premises occupied by the owner of the dog; or 2) Who was provoking, tormenting, abusing or assaulting the dog or who can be known to have repeatedly in the past, provoked, tormented, abused or assaulted the dog; or 3) Who was committing or attempting to commit a crime. 6. Notification Following the exhaustion of all appeal rights, notice of a potentially dangerous or dangerous dog declaration will be sent to each residence located within 350 feet each public or private school located within 1,000 feet thereof. 7. Potentially Dangerous or Dangerous Dog Declaration Review 55 Item 5. Beginning six months after a dog is declared a potentially dangerous or dangerous dog, the owner may request annually that the Animal Control Authority review the designation. A request for review of the designation must be submitted on the form supplied by the City. The owner must provide evidence that the dog's behavior has changed due to the dog's age, neutering, environment, completion of obedience training that includes modification of aggressive behavior, or other factors. If the City Manager or their behavior has changed, the City may rescind the potentially dangerous or dangerous dog declaration. The owner of the dog shall be notified in writing of the review results within 10 business days of the request. 8. Potentially Dangerous Dog and Dangerous Dog Registration No person may own a dog that has been determined to be a potentially dangerous or dangerous dog pursuant to this Chapter or Minnesota Statute 347.50 unless the dog is annually registered. This registration requirement is in addition to the owner obtaining a dog license as required in this Chapter. Registration must be completed wi notice of declaration of a potentially dangerous or dangerous dog unless a timely appeal has been filed. The Animal Control Authority shall issue a certificate of registration to the owner of a potentially dangerous or dangerous dog if the owner presents sufficient evidence of the following. A. A proper enclosure exists for the potentially dangerous or dangerous dog and the premises are posted with a clearly visible sign that includes a warning symbol of a potentially dangerous or dangerous dog on the property, including a warning symbol to inform children. The warning symbol must be the uniform symbol issued by the City that was provided by the Commissioner of Public Safety. Prior to the issuance of any tags for a new registration of a potentially dangerous or dangerous dog, a pre-license inspection of the premises to ensure compliance with this Code is required. The City shall be allowed at any time to inspect the dog, the proper enclosure and all places where the dog is kept. B. The owner must present a certificate of liability insurance by an insurance company authorized to conduct business in this state, which specifically states that the owner is insured for any personal injuries inflicted by the potentially dangerous or dangerous dog in the amount of at least $300,000 per occurrence. C. The owner has paid the annual potentially dangerous or dangerous dog registration fee dule, in addition to the regular dog licensing fee described in this Chapter. D. The owner has microchip identification implanted in the potentially dangerous or dangerous dog. The name of the microchip manufacturer and identification number of the microchip must be provided to the Animal Control Authority. All costs related to the E. The owner provides proof that the dog has been sterilized. If the owner does not sterilize the dog within 30 days of being notified of this requirement, the City may seize the dog and have it sterilized at the owner's expense. 56 Item 5. F. The Owner has obtained a valid dog license, as required in this Chapter. 9. Potentially Dangerous and Dangerous Dog Requirements A. An owner of a properly registered potentially dangerous or dangerous dog shall keep the enclosure. If the dog is outside the proper enclosure, the dog must be muzzled and restrained by a substantial chain or leash not exceeding six feet in length and under the physical restraint of a responsible person. Electronic perimeter fences shall not be considered to satisfy these confinement requirements for a potentially dangerous or dangerous dogs. The muzzle must be constructed and worn in a manner that will prevent the dog from biting any person or animal but will not cause injury to the dog or interfere with its vision or respiration. Prior to the issuance of any tags for a renewal registration of a potentially dangerous or dangerous dog, a pre-license inspection of the premises to ensure compliance with this Section may be required. The city shall be allowed at any time to inspect the dog, the proper enclosure and all places where the dog is kept. B. The owner of a potentially dangerous or dangerous dog for which registration is required under this Section shall pay an annual registration fee until the dog is deceased or is determined to be no longer potentially dangerous or dangerous. If the dog is removed from the jurisdiction, it must be registered as a potentially dangerous or dangerous dog in its new jurisdiction, pursuant to the laws and procedures in place in the new jurisdiction. C. An owner of a potentially dangerous or dangerous dog must notify the Animal Control Authority in writing of the death of the dog or its transfer to a new location where the dog will reside within 30 business days of the death or transfer, and must, if requested by the Animal Control Authority, execute an affidavit under oath setting forth either the ition or the complete name, address, and telephone number of the person to whom the dog has been transferred or the address where the dog has been relocated. D. The owner of a potentially dangerous or dangerous dog must have the dog sterilized at ve the animal sterilized within 30 business days, the Animal Control Authority shall seize th expense. E. A person who owns a potentially dangerous or dangerous dog and who rents property from another where the dog will reside must disclose to the property owner prior to entering the lease agreement and at the time of any lease renewal that the person owns a dangerous dog that will reside at the property. F. A person who transfers ownership of a potentially dangerous or dangerous dog must notify the new owner that the Animal Control Authority has identified the dog as potentially dangerous or dangerous. The current owner must also notify the Animal Control Authority in writing of the transfer of ownership and provide the Animal Control 57 Item 5. G. No person shall remove a microchip from a potentially dangerous or dangerous dog. H. The City may require that the owner and its potentially dangerous or dangerous dog attend and complete an approved obedience class. All costs related to the approved I. A potentially dangerous dog or dangerous dog registered under this Section must have a standardized, easily identifiable tag identifying the dog as dangerous and containing the uniform dangerous dog symbol, affixed to J. It shall be unlawful for the owner of a potentially dangerous or dangerous dog to fail to comply with the requirements set forth in this Section. Any dog found to be the subject of a violation of this Section shall be subject to immediate seizure and impoundment in accordance with this Chapter. K. No more than one potentially dangerous or dangerous dog shall be housed at the same address. For purposes of apartments and other multi-unit dwellings, each dwelling unit shall be considered a separate address. L. It shall be unlawful to allow a potentially dangerous or dangerous dog to be on City- owned or maintained property, including but not limited to parks and trails, regardless of whether the animal is properly restrained. This prohibition shall not apply to streets and sidewalks, insofar as the potentially dangerous or dangerous dog is handled in accordance with the requirements of State law and this Chapter. M. Failure to comply with any of the requirements of this Chapter, including but not limited to registration of or keeping of potentially dangerous or dangerous dogs, may lead to the immediate revocation of a dog license and seizure of the potentially dangerous or dangerous dog. 10. Confiscation and Reclamation of Potentially Dangerous and Dangerous Dogs An Animal Control Officer shall immediately seize and impound any potentially dangerous or dangerous dog if: A. The owner fails to validly register the dog under this Section within 14 business days of its designation as a potentially dangerous or dangerous dog. B. The owner fails to present a certificate of liability insurance by an insurance company authorized to conduct business in this state under this Section within 14 business days of its designation as a potentially dangerous or dangerous dog. C. The dog is not maintained in the proper enclosure. D. The dog is outside the proper enclosure and not under the physical restraint of a responsible person as required under Minnesota State Statute 347.52 and this Section. 58 Item 5. E. The dog is not sterilized within 30 days, pursuant to Minnesota State Statute 347.52, paragraph (d). F. The owner of a potentially dangerous or dangerous dog is convicted of a misdemeanor for violating the provisions of this Section and the person is charged with a subsequent violation relating to the same dog. If the owner is convicted of the offense for which the dog was seized, the district court may order destruction of the dog and the owner must pay for the costs of confining and euthanizing the dog. G. The owner fails to obtain or maintain a valid dog license, as required by this Chapter, for the potentially dangerous or dangerous dog. H. The owner fails to comply with any of the provisions of this Chapter related to the keeping of a dog within the City. I. A potentially dangerous or dangerous dog seized under this Section may be reclaimed by the owner of the dog by presenting proof of compliance with state law and this Chapter to the City and payment of all costs associated with the confiscation and confinement of the dog, including the impoundment fee set forth in Chapter 11 of this Code and all impoundment costs. A dog not reclaimed under this subdivision within seven business days may be disposed of in a manner permitted by law, and the owner is liable to the Animal Control Authority for costs incurred in confining and euthanization of the dog. 11. Destruction of the Dog in Certain Circumstances A. The Animal Control Authority may euthanize a dog in a proper and humane manner under the following conditions: 1) The dog inflicted substantial bodily harm on a human on public or private property without provocation; 2) The dog inflicted multiple bites on a human on public or private property without provocation; 3) The dog bit multiple human victims on public or private property in the same attack without provocation; or 4) The dog bit a human on public or private property without provocation in an attack where more than one dog participated in the attack. 5) The dog has been declared dangerous, the ow has been exhausted or expired and the owner has failed to comply with the provisions of this Section or the provisions of Minnesota State Statutes 347.50 through 347.56; or 6) The owner of a dangerous dog that commits a subsequent act or acts described in Section 101.01(14), 101.06(1), 101.06(2), 101.06(6). 59 Item 5. B. opportunity for a hearing before the Hearing Examiner. The exemptions set forth in Section 101.11.5 of this Section apply to this provision. The Animal Control Authority, after having been advised of the existence of such animal as defined in this Section, shall proceed as follows: 1) within five business days as to the reason the animal is subjected to disposition under this Section and, where applicable, the dates, times, and places of animals or persons bitten, attacked, injured or disfigured or of other violations. The Ccity shall provide notice of this disposition by delivering or posting a copy of the notice and a form to request a hearing under this subsection at the place where the dog is kept, or by delivering it to a person residing on th business days to request a hearing for determination as to the disposition of the dog and that failure to do so within 14 business days of the notice will terminate the 2) ing within14 business days of the notice, the Animal Control Authority shall make an appropriate order including euthanization ely make the dog available to the animal control officer for the ordered disposition. 3) termination as to the disposition of the dog, the hearing shall be held before the Hearing Examiner at a date not more than 14 business days after demand for the hearing. The records of the Animal Control Authority shall be admissible for consideration without further foundation. After considering all evidence, the Hearing Examiner shall make an appropriate order within 10 business days of the hearing, including shall immediately make the dog available to the animal control officer for the ordered disposition. 4) Any person who harbors, hides or conceals an animal which has been ordered into custody for destruction or other proper disposition shall be guilty of a misdemeanor. 12. Restrictions on Future Ownership A. Convictions. A person may not own a dog if they are prohibited under Minnesota State Statute 347.542. This prohibition applies to any B. Non-compliance. An owner of a potentially dangerous or dangerous dog that fails to comply with the requirements of this Section or State law may be prohibited or restricted from future ownership or custody of other dogs. C. The owners of dogs found to be potentially dangerous or dangerous by another city or jurisdiction, must notify the Public Safety Department within 14 business days of moving into the city, and must follow the requirements of Minnesota Statutes Sections 347.50 through 347.565 and this Section. 5: Item 5. 13. List Posted For the purposes of public notification and public safety, the City may post a list of potentially 14. Violation; Misdemeanor Any violation of the provisions of this Chapter shall constitute a misdemeanor offense. 101.12. ANIMAL BITES, QUARANTINE 1. Any person who has been bitten or has knowledge of a human being who has been bitten by a dog, cat, raccoon, skunk or other species susceptible to rabies shall immediately notify the Animal Control Officer or Public Safety DepartmentPolice Department. Whenever such an animal has bitten any person, the owner or custodian of the animal, after being so notified by the Animal Control Officer or the Police Department, shall immediately cause said animal to be quarantined at the City of Fridley contracted animal Animal Sshelter or at a licensed veterinary hospital or kennel for a period of ten (10) days after such person has been bitten. During the quarantine period, said animal shall be kept under observation to determine its condition and if it is found to be sick or diseased, the operator of the quarantine facility shall immediately report in writing to the Police Department or the Fridley Animal Control Officer Public Safety Department the condition of the animal. The Animal Control Officer shall then take necessary steps to determine if the animal is suffering from rabies. 2. During the quarantine period the animal shall not be removed from the designated quarantine facility except by special written permission from the Minnesota Livestock Sanitary Board and the Fridley Animal Control Officer. The owner of an animal shall be responsible for the cost of quarantine. 3. The quarantine required by this Section shall not be necessary and the requirements shall be waived if the custodian or owner of the animal, immediately upon notification that his or hertheir animal has bitten someone, presents to the Animal Control Officer or Public Safety DepartmentPolice Department, the certificate of an authorized veterinarian that the animal was currently vaccinated for rabies prior to the date of the biting. Such animal so exempt shall be quarantined on the premises of the owner, under strict control, for a period of ten (10) days for the purpose of observation for symptoms of disease. The Animal Control Officer is authorized to conduct a mid-term and terminal examination of the animal. 4. It shall be unlawful for any person, other than an Animal Control Officer, to kill or destroy any animal found running at large in the City. No Animal Control Officer or other person shall kill, or cause to be killed, any animal suspected of being rabid, except after the animal has been placed in quarantine, and the diagnosis of rabies made. 5. Regulation of Potentially Dangerous or Dangerous Dog. A potentially dangerous or dangerous dog shall be registered and regulated as required by Minnesota Statutes Section 347.565. 61 Item 5. 101.13 PROHIBITED ANIMALS 1. No person shall keep or allow to be kept in the City: A. Any animal of a vicious nature or with a propensity, tendency or disposition to attack, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or B. Any animal which attacks a human being or a domestic animal on two or more occasions without provocation or on a single occasion where substantial bodily harm on a human being is inflicted without provocation; or C. Any non-domesticated animal not naturally tame or gentle, but is of wild nature or disposition, including any of the following: 1) Any animal or species prohibited by federal or Minnesota Law. 2) Any non-domesticated animal or species, including, but not limited, to the following: a) Any skunk, whether captured in the wild, domestically raised, de-scented or not de-scented, vaccinated against rabies or not vaccinated against rabies;. b) Any large cat of the family Felidae such as lions, tigers, jaguars, leopards, cougars, and ocelots, except commonly accepted domesticated house cats;. c) Any member of the family Canidae, such as wolves, foxes, coyotes, dingoes and jackals, except commonly accepted domesticated dogs;. d) Any poisonous snake, pit viper or constrictor, such as a rattle snake, coral snake, water moccasin, cobra, boa constrictor or python;. e) Any raccoon; or. f) Any other animal which is not listed explicitly above, but which can reasonably be defined by the terms in Ssection 101.11 of this code, including bears and badgers. Upon conviction for the violation of this Section, the court may in addition to imposition of sentence, direct the Animal Control Officer to take the animal in question into custody and forthwith dispose of it in a humane manner. (Ref. 979.) 2. These restrictions do not apply to a properly registered potentially dangerous or dangerous dog that is being maintained in accordance with all applicable requirements of this Chapter and State law. 62 Item 5. 101.14 COMPLAINTS Any person complaining to the Public Safety Department Police Department that an animal is allegedly running at large or otherwise constituting a danger or nuisance shall identify himself or herself themselves upon request and shall make every reasonable attempt to assist the authorities in identifying the animal and its owner or custodian. 101.15 MUZZLING Whenever the prevalence of hydrophobia renders such action necessary to protect the public health, safety and welfare, the Mayor shall issue a proclamation ordering every person owning or keeping an animal susceptible to rabies confined securely on their premises unless it is muzzled so that it cannot bite. No person shall violate the proclamation, and any unmuzzled animal running at large during the time fixed in the proclamation shall be immediately put to death by the Animal Control Officer without notice to the owner. 101.16 MULTIPLE PET LOCATION 1. License Requirement No person shall keep or maintain more than three (3) or more dogs or cats, or any combination of dogs or cats that are at least six (6) months of age as pets on a residential lot in the City without obtaining a multiple pet location license. 2. License Application Application for a multiple pet location license shall be made on forms provided by the City. Such application shall contain the following information: A. The name, address, e-mail and phone number of the applicant of the multiple pet location. B. A site plan showing the location of the structures and fencing for the housing or shelter and run for the exercise of the dogs and/or cats. If the dogs and/or cats are to be kept primarily within the home or other building of the residence of the applicant or of any other person, the application shall so state. C. The maximum number and type of breed(s) of dogs, cats or any combination thereof, to be kept on the premises. D. Method to be used in keeping the premises in a sanitary condition. E. Method to be used in keeping the dogs and/or cats quiet. F. An agreement by the applicant that the premises may be inspected by the City at all reasonable times. 63 Item 5. 3. Issuance of License The City City Manager or their designee shall have discretion in determining whether or not to issue a license. In making such determination, the City shall take into consideration the conditions listed below and with particularity, any violations during the previous license period. In the event the licensee moves to a new residential lot within the City of Fridley, the licensee is required to complete a new application for the new location. 4. Conditions A. Housing facilities and grounds shall be maintained in a clean and sanitary condition and kept in good repair. Facilities shall be kept free of fecal matter and collected fecal matter shall be properly disposed of weekly so as not to create a public nuisance as defined in Chapter 110 of this Code. B. The premises for keeping of dogs and/or cats shall be fenced. The fencing must be of such quality and design so that it will contain the dogs and/or cats. C. If dogs and cats are to be maintained outside during the winter months, the housing or shelter shall be winterized to protect the dogs or cats from the harsh elements of the cold. D. Animal feed shall be stored in leak-proof containers with tight-fitting covers to prevent attracting vermin so as not to create a public nuisance as defined in Chapter 110 of this code. E. The animals are maintained in a manner that they do not become a public nuisance as defined in Section 101.06 of this Code. 5. Multiple Pet License Fee The annual license fee and expiration date shall be as provided in Chapter 11 of this Code. 6. Inspection As a part of the initial license application or annual renewal, each resident must allow an inspection of the housing facilities and grounds. The City Managercommunity development director or their designee shall have the right to inspect the property for the purpose of ensuring compliance with this Ssection between 8 a.m. and 5 p.m. Monday through Friday upon providing prior notice to the owner of the property. In the case of a complaint regarding the multiple pet location, the site may be inspected without prior notice. In the event the licensee moves to a new residential lot within the City of Fridley, the licensee is required to complete a new application for the new location. 7. Appeal and Hearing Procedure 64 Item 5. A. Licenses issued under this Ssection may be denied, revoked or non-renewed due to any of the following: 1) The keeping of dogs or cats in a manner which constitutes a nuisance to the health, safety or general welfare of the public; 2) A dog or cat may be impounded by the city pursuant to City Code Section 101.11 if it is found to be at large in violation of this Ssection. After being impounded for five (5) business days without being reclaimed by the owner, it may be humanely euthanized or sold. A person reclaiming an impounded dog or cat shall pay the cost of impounding and boarding of the dog or cat. 3) Fraud, misrepresentation, or a false statement contained in the license application or during the course of the licensed activity; or 4) Any violation of the applicable provisions in this Chapter. B. Notice of approval, denial revocation or non-renewal must be made in writing to the applicant specifying the reason(s) for the action. The applicant may request a hearing by submitting a written request to the City Manager or their designeecity clerk within fourteen (14) business days of the date of the notification letter. C. The Appeals Planning Commission shall hold a hearing on a contested approval, denial, revocation, or non-renewal. The appeal process to be used shall be the same process described in Section 128.06 of the Fridley City Code. At the hearing, the applicant may speak and may present witnesses and other evidence. Upon the conclusion of the hearing, the Appeals Planning Commission shall issue a written decision that includes findings of fact. The City shall provide the applicant with a copy of the Appeals Planning Commission decision. The applic to the Ccity Ccouncil by submitting a written request to the City Manager or their designee city clerk within fourteen (14) business days of the date of the Appeals Planning Commission decision. 101.17 ANIMAL CONTROL OFFICER 1. Appointment The City may appoint such person, persons or firm as the City may deem necessary and advisable as Animal Control Officer. Such appointees shall work under the supervision of the Fridley Public Safety Department Police Department and shall be responsible for the enforcement of this Chapter. 2. Duties Animal Control Officers are authorized to enforce the provisions of this Chapter and other related ordinances, Chapters and statutes pertaining to animal control, including the issuance of citations. 65 Item 5. 3. Unlawful Acts It shall be unlawful for any unauthorized person to break into an animal shelter, or attempt to do so, or to take or set free any animal taken by the Animal Control Officer in the enforcement of this Chapter, or in any way interfere with, hinder or molest such Officer in the discharge of his or hertheir duty under this Chapter. 101.18 GUARD DOGS 1. Businesses located within the City and maintaining a guard dog for security purposes shall post notice at the entrance to the premises warning of the presence of said dog. 2. Businesses maintaining a guard dog shall file with the City a release authorizing Public Safety Department the police or fire departments to shoot said dog in an emergency situation, if necessary, in order to allow the Public Safety Department police or fire fighters to gain admittance to the premises in the performance of their duties. 101.19 SEEING EYE DOGS Whenever a blind person accompanied by a "seeing eye" or guide dog presents himself/herselfthemselves for accommodation or service on any public transit vehicle or to any restaurant, store or other place of business open to the public, it shall be unlawful for the owner, manager, operator or any employee of such vehicle or place of business to refuse admission to the dog or service to the blind person. 101.20 CRUELTY TO ANIMALS Minnesota Statutes Sections 346.20 through 346.34 are hereby adopted by reference and shall be in full force and effect, in the City of Fridley as if set out here in full. 101.21 RELATION TO OTHER LAW The prohibitions contained in this Chapter shall be in addition to any State or Federal law regarding the same or related subjects. 101.22 PENALTIES Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violation under the provisions of Chapter 901 of this Code. 101.23 FEES The fees for this Chapter shall be as provided in Chapter 11 of this Code. 66 Item 5. th Passed and adopted by the City Council of the City of Fridley on this 26 day of April, 2021. ______________________________________ Scott J. Lund - Mayor ______________________________________ Daniel Tienter - City Clerk First Reading: April 16, 2021 Second Reading: April 26, 2021 Publication: April 30, 2021 67 Item 6. AGENDA REPORT Meeting Date: April 26, 2021 Meeting Type: City Council Submitted By: Jeff Guest, Lieutenant Title Ordinance No. 1389, Amending Fridley City Code Chapter 11, Fees, Second Reading Background Ordinance No. 1389 proposes changes to Fridley City Code Chapter 11, Fees. The amendment proposes to establish a $500 potentially dangerous dog registration fee to Chapter 101, Animal Control. Financial Impact Recommendation Staff recommend the City Council approve the second reading and adoption Ordinance No. 1389 and Summary Ordinance No. 1389 for publication. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Community Identity & Relationship Building Financial Stability & Commercial Prosperity X Public Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources !Ordinance No. 1389 !Summary Ordinance No. 1389 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 68 Item 6. Ordinance No. 1389 Amending the Fridley City Code Chapter 11, Fees, Adding Registration Fee for Potentially Dangerous Dogs The City of Fridley does ordain, after review, examination and staff recommendation that Chapter 11, Fees, of the Fridley City Code be amended as follows: FRIDLEY CITY CODE CHAPTER 11 FEES 11.11. FEES CODE SUBJECT FEE 33 Administrative Citation or Penalty $100 per violation (General) $125 per violation (Fire Lane/Reserved Handicap Parking) $35 per violation (Other Parking) 33 Administrative Citation or Penalty Late Fee $25 (General) $30 (Fire Lane/Reserved Handicap Parking) $10 (Other Parking) 33 Administrative Hearing $200 Administrative Hearing 17 Auction $30.00 weekly, $150 year 205.30 Automatic Meter Reading Device Permit $25 per stationary device 27 Billiards $40 for first table, $10 each additional 15 Bowling Alleys $40 + $10 each lane 28 Carnivals $75 application fee $75 each day $3000 cash deposit or bond 30 Charitable Gambling (see Lawful Gambling) 21 Christmas Tree Lots $200 + $100 deposit 12 Cigarette Sales (see Tobacco) MS 462.355 Comprehensive Plan Amendment $1,500 206 Contractors See Chapter 206 217 Condominium (annual registration) a. 2-4 Ownership Units $20 b. 5-12 Ownership units $30 c.13-24 Ownership units $40 Over 24 Ownership Units $50 217.04 Condominium conversion registration (one (a) 2 ownership units $500 time fee) (b) 3-7 ownership units $750 (c) 8-12 ownership units $1,000 Over 12 units $1000 + $50 per unit for every unit over 12 208 Conservation Plan Review (as part of building $450 permit for new construction 208 Conservation Plan Review as part of land See Chapter 206 alteration, excavating or grading permit process 69 Item 6. 101 Dogs $25 Lifetime $5 duplicate license $25 Impound Fee $500 Dangerous Dog $500 Potentially Dangerous Dog 702 Drive-in Theaters $400 607 Entertainment $85 112 False Alarms $50 for sixth false alarm in single calendar year and for each subsequent false alarm in calendar year an additional $25 shall be thth added (e.g., 7 false alarm $75, 8 false alarm $100, etc.) 205 Farmers Market Event Permit $100 103 Fire Arms-Permit to Discharge $25 108 Fire Department Plan Review Fee 65% of the Fire Permit Fee 25 Golf Course, Driving Range $30 113 Haulers $100 for first truck and $40 each additional Mixed Municipal Solid Waste License truck (Garbage Truck) Yard Waste License Organics License Recycling License 24 Junk Yards $350 30 Lawful Gambling Permit $25 for one day small events, i.e. raffle, etc. 609 Liquor, Caterer Caterer Registration $100 annually Event Notification Permit $25/event 604 Liquor, Consumption and Display $300 Annual State Permit $25 One-Day City Permit 603 Liquor, On-Sale Intoxicating Holiday $100 Endorsement 603 Liquor, Lawful Gambling Endorsement $300 610 Liquor Manufacturers/Investigative Fee Individual $200 Partnership/Corporation $400 Alteration of Business $100 Change of Officers $25 On-Sale Brewer/Distillery Taproom License $600 Off-Sale Brewer/Distillery Growler License $300 603 Liquor, On-Sale Intoxicating No Entertainment a. 0-3000 sq ft - $6,000 b.3001-6000 sq ft - $7,000 c. over 6000 sq ft - $8,000 With Entertainment or Dancing a. 0-3000 sq ft - $7,000 b. 3001-6000 sq ft - $8,000 Over 6000 sq ft - $9,000 6: Item 6. 603 Liquor, On-Sale Intoxicating Initial Investigative $200 individual Fee $400 corporation or partnership 603 Liquor, On-Sale Sunday $200 603 Liquor, On-Sale Intoxicating Temporary 1 day $25 (MN §340A.414, Sub.9) only 602 Liquor, 3.2% Malt Liquor Off-Sale - $60 On-Sale - $325 Liquor, 3.2% Malt Liquor, Holiday Endorsement $100 602 Liquor, 3.2% Malt Liquor, Initial Investigative $90 individual Fee $180 corporation or partnership 602 Liquor, 3.2% Malt Liquor Temporary $60 603 Liquor, Wine $1,000 603 Liquor, Wine Investigative Initial Fee $200 individual $400 corporation or partnership License) 605 Liquor, Bottle Club $300 annual permit $25 one day permit 606 Liquor, On-Sale Intoxicating Club $300/club under 200 members (the annual license fee for an on-sale $500/club, 201-500 members intoxicating liquor license issued by a city to a $650/club, 501-1,000 members club must be no greater than the fee set in $800/club, 1001-2,000 members Minnesota Statute Chapter 340A: $1000/club, 2001-4000 members $2,000/club 4,001-6,000 members $3,000/club over 6,000 members 606 Liquor, On-Sale Club Holiday Endorsement $100 101 Livestock $100 annually Bees or Chickens $100 initial license/$25 renewal license 608 Lodging Tax 3% of rent charged 603 Managerial License (Liquor) $10 125 Massage Therapy Business License $400 annually Business Investigative $400 (new) $200 (renewal) Fee/Corporation/Partnership $200 (new) $100 (renewal) Business Investigation Fee/Individual/Sole $50 annually Prop. $25 annually Massage Therapist License Fee Therapist Investigation Fee 205.24 Master Plan, Application or Amendment $1,500 203 Mobile Home Parks $30 + $1 per trailer site (one time fee) 22 Music Festivals $700/day + $100 filing fee 509 Motorized Vehicles Rental $50 per vehicle 220 Multiple Dwelling License Single rental unit $100.00 Two rental units $150.00 Three units $210.00 Four units $270.00 Five or more units $245.00 plus $12 per unit. Rental Inspection Fee $100 single, duplex and triplex $300 4+ units Transfer Fee $25 71 Item 6. License Fee after Revocation or Suspension 150% times the annual license fee 31 Pawn Shops Annual License fee $3,000 Monthly Transaction Fee $3.00 per transaction Reporting Failure Penalty $4.00 per transaction/ Investigation Fee $400 14 Peddlers/Solicitor $60 per peddler 23 Public Dance $75 13 Retail Gasoline Sales $60 Private Gasoline Pump $30 per location 407 Rights-of-Way 407.04 Registration Fee $50 407.05 User Fee (residential, commercial or $50 industrial 407.07 Excavation Permit $350 Obstruction Permit $50 Small Wireless Facility Permit $150 Permit Extension Fee $20 Delay Penalty $125 week 407.10 Mapping Fee $50 if data is not in city format and City GIS compatible. 407.11 Degradation Fee Restoration cost per square foot for the area to be restored. 127 Sexually Oriented Businesses $400 Investigation Fee $400 214 Signs and/or Billboards Permanent Sign Wall Sign $100 Free-standing/monument $200 Re-face/face-change $50 Temporary Sign $100 plus $200 Deposit-refunded if conditions met 602, 603, 606 Social Skill Game Tournament Service Provider $100 annually nd 514 Snow Removal Penalty 2 Offense in any given year: $50 rd Violations of the provisions of this Section 3 Offense within 6 months of any prior shall be a misdemeanor, subject to penalties of offense: $200 th a maximum of $700 and 90 days in jail per 4 Offense or more within 6 months of occurrence. In the alternative, the City may, in prior offense(s): $500 its discretion, impose a civil penalty as follows: In addition, the City may charge to, and assess to the associated property, any damage to City property or injury to City employees attributable to violations of this section. 102.02 Storage fee for seized motor vehicles (Ord $10 per day for each day or part of a day 1250) the seized motor vehicle is held at a storage facility or impound lot. The total storage fees assessed on any one motor vehicle shall not exceed $500 or 50% of the 72 Item 6. value of the motor vehicle as determined by competent authority, whichever is less. 102.02 Seizure fee for motor vehicles $200 assessed for each vehicle seizure; or $400 assessed to a vehicle owner or lien holder who refuses to repossess their own vehicles. 16 Street Vending $50 industrial/commercial $70 residential $100 both 116 Sun tanning Rooms $500 115 Swimming Pools, Public $250 per outdoor pool $350 per indoor pool + 25% of base per added pool, enclosed area 205.30 Telecommunications Permit to Locate on $400/user/tower Approved Site Telecommunications Towers and Facilities District (Ref Ord 1340) $500 205.30.24 DAS Application Fee 205.30.24 DAS Application Review Fee $1500 205.30.9(9) DAS Abandonment Escrow $2000 205.30 Temporary Outdoor Display License $75 205 Text Amendment to the Zoning Ordinance $1,500 12 Tobacco Products $125 12 Tobacco Product Shop $400 license application fee; $100 license investigation fee. 205.33 TOD Project Plan Application $1,500 205.33 TOD Tree Substitution Fee to TOD Capital $500/tree Project Fund 104 Tree Removal/Treatment $150 19 Used Motor Vehicles $150/year 205 Wetlands Certifying Exemptions $1500.00 $1500.00 Replacement Plan Application No Loss Determination $1500.00 Appeal of Decision $1500.00 206 Building Permit Fees See Chapter 206 206 Certificate of Occupancy Fees See Chapter 206 206 Electrical Permit Fees See Chapter 206 206 Land Alteration Excavating or Grading Fees See Chapter 206 Uniform Building Code Chapter 70 adopted by reference (Plan Checking Fees and Grading Permit Fees) 211 Lot Splits $1,250 206 Mechanical Permit Fees See Chapter 206 212 Mining Permit See Chapter 206 206 Moving Permits Fee See Chapter 206 206 Plumbing Permit Fees See Chapter 206 211 Plat $1,500/200 lots +$15 each additional lot 205 Rezoning $1,500 73 Item 6. 206 Sewer Permit Fee See Chapter 206 205 Special Use Permit $1,000 for R-1 $1,500 for all others 206 Utility Excavations Permit Fees See Chapter 206 206 Water Permit Fee See Chapter 206 206 Water/Waterways Permit Fees See Chapter 206 205 Vacations, Right of Way or Easement $1,500 211 Variance $500 for R-1 $1,400 for all other *Prorate (see Chapter 603) Passed and adopted by the City Council of the City of Fridley this 26th day of April, 2021. ______________________________________ Scott J. Lund - Mayor ______________________________________ Daniel Tienter - City Clerk First Reading: April 16, 2021 Second Reading: April 26, 2021 Summary Publication: April 30, 2021 74 Item 6. Summary Ordinance No. 1389 Amending the Fridley City Code Chapter 11, Fees, Adding Registration Fee for Potentially Dangerous Dogs I. Title An ordinance to add fees for Potentially Dangerous Dog Registration. II. Summary The City of Fridley does ordain, after review, examination and staff recommendation that Chapter 11, Fees, of the Fridley City Code be amended as follows to reflect new fees added to Section 11.11: 11.11. FEES CODE SUBJECT FEE 101 Dogs $25 Lifetime $5 duplicate license $25 Impound Fee $500 Dangerous Dog $500 Potentially Dangerous Dog III. Notice This Summary Ordinance has been published to clearly inform the public of the intent and effect of the in its entirety is available for inspection by any person during regular business hours at the offices of the City Clerk of the City of Fridley, 7071 University Avenue NE, Fridley, MN 55432. th Passed and adopted by the City Council of the City of Fridley this 26 day of April, 2021. ______________________________________ Scott J. Lund - Mayor ______________________________________ Daniel Tienter - City Clerk First Reading: April 16, 2021 Second Reading: April 26, 2021 Summary Publication: April 30, 2021 75 Item 7. AGENDA REPORT Meeting Date: April 26, 2021 Meeting Type: City Council Submitted By: Scott Hickok, Community Development Director Stacy Stromberg, Planning Manager Title Ordinance No. 1390, Amending Fridley City Code Chapter 205.17, Uses Allowed with a Special Permit, Petitioned by Happy Tails Rescue Foundation (Ward 2), Second Reading Background Laura Westphall, the Director of Happy Tails Rescue Foundation is requesting a text amendment to add the Animal Rescue FM-1, Light Industrial zoning district. The animal rescue facility use would be consistent with the purpose and intent of the M-1, Light Industrial zoning district, provided specific concerns related to the use are addressed. The petitioner and staff have drafted an ordinance that would allow a contingent upon approval of a special use permit provided the following conditions are met: a)!Animal Rescue shall be inspected and licensed by the Minnesota Board of Animal Health on an annual basis b)!An eight-foot solid fence must be constructed to enclose outdoor play area for the safety of the animals and the general public c)!All animals are kept inside overnight for the safety of the animals and the general public d)!Animal waste is picked up and properly disposed of daily for the safety of the animals and the general public e)!Animal Rescue use shall comply with and meet all code requirements for noise, odor, and manure removal A Notice of Public Hearing before the Planning Commission and City Council was published in the March 5, 2021 edition of the Star Tribune. The Planning Commission held a public hearing for TA #21-01 at their March 17, 2021. After a brief discussion between the Commission, staff and the petitioner, the Planning Commission recommended approval of Text Amendment, TA #21-01. The motion carried with six members voting yay, and one member abstaining. The City Council held a public hearing and first reading of Ordinance No. 1390 for TA #21-01 on April 16, 2021. Financial Impact No financial impact. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 76 Item 7. Recommendation Staff recommend the City Council approve the second reading and adoption Ordinance No. 1390. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places X Community Identity & Relationship Building X Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Ordinance No. 1390 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 77 Item 7. Ordinance No. 1390 An Ordinance Amending Chapter 205.17 Uses allowed with a Special Use Permit The City of Fridley does ordain, after review, examination and staff recommendation that Chapter 205.17, M-1, Light Industrial District Regulations, be added to the Fridley City Code as follows: Fridley City Code Chapter 205.17 M-1, Light Industrial District Regulations Ordinance No. 1390 1. Uses Permitted C. Uses Permitted With a Special Use Permit 15. Animal Rescue Facility contingent upon approval of a special use permit provided the following conditions are met: a)! Animal Health on an annual basis b)!An eight-foot solid fence must be constructed to enclose outdoor play area for the safety of the animals and the general public c)!All animals are kept inside overnight for the safety of the animals and the general public d)!Animal waste is picked up and properly disposed of daily for the safety of the animals and the general public e)!Animal Rescue use shall comply with and meet all code requirements for noise, odor, and manure removal Passed and adopted by the City Council of the City of Fridley on this 26th day of April, 2021. ______________________________________ Scott J. Lund - Mayor ______________________________________ Daniel Tienter - City Clerk Public Hearing: March 17, 2021 and April 16, 2021 First Reading: April 16, 2021 Second Reading: April 26, 2021 Publication: April 30, 2021 78 Item 8. AGENDA REPORT Meeting Date: April 26, 2021 Meeting Type: City Council Submitted By: Scott Hickok, Community Development Director Stacy Stromberg, Planning Manager Title Resolution No. 2021-26, Approving Special Use Permit, SP #21-02 petitioned by Happy Tails Rescue Foundation (Ward 2) Background Tanimal rescue facility at 7331 Baker Street. The existing property is 65,340 sq. ft. (1.5 acres) in size and the existing building is approximately 13,500 sq. ft. The petitioner plans to renovate the interior space to better meet their needs. They also plan to paint the exterior of the building and update the landscaping. The current drive aisle and parking areas will be sufficient for their operational needs. Sundays are their adoption days and will be the day that sees the most traffic, an average of 25-30 people coming in search of a pet. There is sufficient parking available for a weekly event. Staff will require the petitioner to stripe the parking lot to clearly designate the parking stall locations. Training will take place between 6:00-7:30 p.m. Monday through Friday and on Saturdays. They are also proposing to install an eight-foot vinyl fence in the grass area south of the building. Installing the fence will help manage noise while the dogs are outside. As part of the approval of the special use permit, the petitioner needs to meet the conditions set forth in the proposed ordinance language above. Those items will be reviewed through the building permit process and will be reviewed and inspected by staff. A Notice of Public Hearing before the Planning Commission was published in the March 5, 2021 edition of the Star Tribune. The Planning Commission held a public hearing for SP #21-02 at their March 17, 2021 meeting. After a brief discussion, the Planning Commission recommended approval of Special Use Permit, SP #21-02, with the stipulations as presented by staff. The motion carried with six members voting yay, and one member abstaining. Financial Impact No financial impact. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 79 Item 8. Recommendation Staff recommends approval of Resolution No. 2021-26. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places X Community Identity & Relationship Building X Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Resolution No. 2021-26 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 7: Item 8. Resolution No. 2021-26 Approving Special Use Permit, SP #21-02 to allow an Animal Rescue Facility at 7331 Baker Street N.E., owned by Glenn Nelson and Geraldine Van Uden Whereas, Section 205.17.01.C.15 of the City Code allows an animal rescue facility in an M-1, Light Industrial zoning district by a Special Use Permit if certain conditions can be met; and Whereas, on March 17, 2021, the Planning Commission held a public hearing to consider a request by Happy Tails Rescue Foundation for the property located at 7331 Baker Street N.E., legally described Lots 25 and 26, Block 1, Nagels Woodlands, for Special Use Permit, SP #21-02 to allow an animal rescue facility; and Whereas, at the March 17, 2021 meeting, the Planning Commission unanimously recommended approval of Special Use Permit, SP #21-02; and Whereas, on April 26, 2021, the Fridley City Council approved the stipulations represented in Exhibit A to this resolution as the conditions approved by the City Council on Special Use Permit, SP #21-02; and Whereas, the petitioner, Happy Tails Rescue Foundation was presented with Exhibit A, the conditions for SP #21-02 at the April 26, 2021 City Council meeting; and Whereas, Section 205.05.5.G of the City Code states that this special use permit will become null and void one year after the City Council approval date if work has not commenced or if the petitioner has not petitioned the City Council for an extension. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves Special Use Permit, SP #21-02 and the stipulations represented in Exhibit A are hereby adopted by the City Council of the City of Fridley. th Passed and adopted by the City Council of the City of Fridley this 26 day of April, 2021. _______________________________________ Scott J. Lund Mayor ATTEST: Daniel Tienter City Clerk 81 Item 8. Exhibit A Stipulations 1.!The petitioner shall obtain a building permit prior to interior modifications and fencing. 2.!The petitioner shall obtain a sign permit prior to installation of any new signage. 3.!The ventilation system needs to be designed so that no odors will spread to the outside air. 4.!The exterior of the existing building shall be re-painted within one year of issuance of this special use permit. 82 Item 9. AGENDA REPORT Meeting Date: April 26, 2021 Meeting Type: City Council Submitted By: Daniel Tienter, Director of Finance/City Treasurer/City Clerk Korrie Johnson, Assistant Finance Director Title Resolution No. 2021-35, Approving Gifts, Donations and Sponsorships received between March 13, 2021 and April 19, 2021 Background Each month, the City of Fridley (City) receives various donations and gifts to support City operations, programs and projects. Pursuant to Minnesota Statute § 465.03, the City may accept these donations and gifts for the benefit of residents. For specific donations or gifts, the donor may prescribe certain requirements, such as for a specific activity or department. Consistent with the abovementioned statute, staff prepared Schedule No. 1 (Exhibit A), which outlines the various donations, gifts and/or sponsorships received by the City between March 13, 2021 and April 19, 2021. To accept the same, the Council must adopt the attached resolution by a twothird majority vote. Lastly, for each donation, gift or sponsorship, staff ensure it meets an identified need, does not create a quidproquo or longterm maintenance obligation, and the donor received an acknowledgment of their gift through a letter or publication. Based on this process, staff recommend the Council adopt the attached resolution approving the donations, gifts, and sponsorships for this period. Financial Impact Every donation benefits the City of Recommendation Staff recommend the approval of Resolution No. 2021-35. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Community Identity & Relationship Building X Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Resolution No. 2021-35 !Exhibit A: Schedule No. 1 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 83 Item 9. Resolution No. 2021-35 Approving Gifts, Donations and Sponsorships for the City of Fridley Whereas, throughout the year the City of Fridley (City) receives a multitude of gifts and donations; and Whereas, the City is sincerely grateful for the support it receives from an array of organizations and individuals; and Whereas, without this support, the continuation of different events or programs would be difficult to sustain; and Whereas, the attached schedule (Exhibit A) lists all of the donations and gifts received by various City departments between March 13, 2021 and April 19, 2021; and Whereas, all of the items listed on the attached schedule (Exhibit A) are required to be accepted by the City Council by a two-thirds majority vote; and Whereas, all items have been determined to be donated free of any quid-pro-quo expectation by the donor. Now, therefore be it resolved, that the City Council of the City of Fridley approves Resolution No. 2021-35. Passed and adopted by the City Council of the City of Fridley this 26th day of April, 2021. _______________________________________ Scott J. Lund Mayor ATTEST: Daniel Tienter City Clerk 84 . 9 5 8 m e t I credited Fund to be Schedule No. 1 Value $154,551.55 Amount / Donor Name, if not anonymous Program Division Department or 1/5/2021Public SafetyDonation to Police DepartmentAnonymous$50.001011/7/2021SNCPavilion Activity Center Donation Jerry and Donna Bahls via the SNC Foundation$5,312.404071/7/2021Public SafetyMemorial donation to Fire DeptFriends and Family of Ronald Schuster$500.00 1012/2/2021SNCGeneral ContributionClem and Elizabeth Nagel$25.00270 4/2/2021SNCDonation Box Contents Various$113.002704/8/2021Public SafetyDonation of Gift Cards for Freewheel Bike ShopSarah Walther$1,500.00101 1/11/2021Public Safety"Pay it Forward" donation to FPD Reserve UnitBell Bank $496.05 1011/26/2021Public SafetyPolice K9 Unit donationKevin Coleman$50.001012/25/2021SNCWaterproof Cameras for Camps Friends of Fridley Education Foundation $1,020.002703/10/2021SNCDonation Box Contents Various$104.00270 3/19/2021SNCDonation Box Contents Various$79.002704/13/2021SNCDonation Box Contents Various$145.00270 12/22/2020RecreationIce Skate DriveFridley Lions$300.0010112/22/2020RecreationDonation for Winterfest 2021Fridley Lions$1,400.0010112/22/2020Public SafetyNight to Unite Donation (For 2021 Supplies)MINCO$1,000.0010112/22/2021Public WorksDonation of landRich Products Corporation$141,016.00 60312/23/2020SNCDonation Box Contents Various$79.5327012/31/2020SNCGeneral ContributionCaribou Coffee$520.0027012/31/2020SNCReimbursement from Springbrook Foundation Memorial PlaquesSpringbrook Nature Center Foundation$841.57270 Date Received Gifts, Donations, and Sponsorships - City of Fridley Item 10. AGENDA REPORT Meeting Date: April 26, 2021 Meeting Type: City Council Submitted By: Trisha Lindahl, Licensing Technician Ryan George, Deputy Director of Public Safety Melissa Moore, Administrative Services Coordinator/Deputy City Clerk Title Resolution No. 2021-33, Approving 2021-2022 Business License Renewals Background Pursuant to certain sections of the Fridley City Code (Code), certain business licensing activities require approval of the City Council, including: !Food, Tobacco, Gas; !On-Sale Liquor; !Junkyard; !Off-Sale Liquor; !Massage Therapy (individuals and !Pawn Shop; and businesses); !Tobacco Product Shop. The businesses listed in Resolution No. 2021-33 have met all requirements, and paid all appropriate fees established in City Code for their respective licenses, other than those licensees noted herein. Staff have performed all necessary inspections and checks to ensure all requirements have been satisfied. City Code Section 603 (Intoxicating Liquor) requires restaurants to maintain a ratio of at least 40% of their annual sales from the sale of food (Exhibit A). As part of the license renewal process, the City requires certified financial statements which show compliance with this requirement. All restaurants were able to satisfy the food-to-liquor sales requirement, except for Billiard Street Café dba Two Stooges located at 7178 University Avenue N.E., who reported that food sales accounted for 39% of their gross total sales in 2020. Staff requested an explanation from Two Stooges about their inability to meet the food-to-liquor ratio in 2020. Two Stooges provided a letter (Exhibit B) that attributed their lower food sales to the loss of lunch and dinner revenue due to two COVID-19-releated shutdowns. Based upon this explanation, staff believes this to be a one-time issue and would recommend that the City Council move forward with renewal of Two Stooges liquor license with the express condition that Two Stooges will be required to comply with the ratio sales requirements in 2021 and beyond. It should also be noted that other cities in the state have provided some flexibilities to assist local businesses, especially restaurants who also hold liquor licenses, to weather the ongoing impacts of the pandemic. Because the ratio sales requirement is something that is imposed by the City regulations, and not state law, the City Council has discretion to provide some flexibility in unique circumstances such as these, should it choose to do so. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 86 Item 10. Banquet, which is located at 1040 Osborne Road N.E., received approval of a conditional On-Sale Liquor License on November 9, 2020. The license was issued the following day, and certifications were forwarded to the State to complete the licensing process. An indoor dining shutdown was then implemented on November 18, 2020 by the State. The business owner reported that he was only able to sell food via takeout, and that no alcohol was served in 2020 due to the state prohibition on indoor dining. -Sale Liquor License with the same conditions as issued on November 9, 2020. Financial Impact All revenues for these licenses were anticipated as part of the 2021 Budget. Recommendation Staff recommend the approval of Resolution No. 2021-33. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Community Identity & Relationship Building Financial Stability & Commercial Prosperity X Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Resolution No. 2021-33 !Exhibit A: Breakdown of liquor to food ratios !Exhibit B: Letter from Billiard Street Café dba Two Stooges Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 87 Item 10. Resolution No. 2021-33 Approving Business License Renewals for 2021-2022 Whereas, the Fridley City Code (Code) and various sections of Minnesota Statute direct licensing requirements for certain business activities within the City of Fridley (City); and Whereas, pursuant to sections of Code, the City Council shall approve liquor, tobacco, massage, pawn and junkyard business licenses; and Whereas, applicable City staff reviewed the license applications for each eligible business; and Whereas, applicable City staff recommend the approval of the following licenses by the City Council. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves the following business licenses for a term beginning on May, 1, 2021 and ending on April 30, 2022. Junkyard Minnesota Business Name Applicant Staff Approval City Code Statute A-ABCO Fridley Derek Haluptzok, !Community Chapter 24 Auto Parts Inc. 7300 Central Development Avenue N.E. !Fire Marshall !Public Safety !City Clerk Liquor Type of License Applicant Staff Approval City Code Minnesota Statute Liquor Forgotten Star !Public Safety Chapter 610 M.S. § 340A Manufacturer Brewing Company, !Fire Marshal 38 Northern Stacks !City Clerk Drive. Manager: Lillian Altemose Off-Sale 3.2% Target Store T-!Public Safety Chapter 602 M.S. § 340A.403; rd 2200, 755 53 !Fire Marshal M.S. § 340A.405 Avenue !City Clerk Off-Sale 3.2% Northern Tier !Public Safety Chapter 602 M.S. § 340A.403; Retail Speedway !Fire Marshal M.S. § 340A.405 #4207, 7451 East !City Clerk River Road N.E. Off-Sale 3.2% Northern Tier !Public Safety Chapter 602 M.S. § 340A.403; Retail Speedway !Fire Marshal M.S. § 340A.405 #4199, 7299 !City Clerk Highway 65 N.E. 88 Item 10. Off-Sale 3.2% Northern Tier !Public Safety Chapter 602 M.S. § 340A.403; Retail Speedway !Fire Marshal M.S. § 340A.405 #4175, 5667 !City Clerk University Ave N.E. Off-Sale 3.2% !Public Safety Chapter 602 M.S. § 340A.403; 8150 University !Fire Marshal M.S. § 340A.405 Avenue N.E. !City Clerk Off-Sale 3.2% Cub Foods, 246 !Public Safety Chapter 602 M.S. § 340A.403; th 57 Avenue N.E. !Fire Marshal M.S. § 340A.405 !City Clerk On-Sale Crooners Lounge !Public Safety Chapter 603 M.S. § 340A.404, and Supper Club, !Fire Marshal subd. 1 6161 Highway 65. !City Clerk M.S. § 340A.403; Manager: Mary M.S. § 340A.405 Tjosvold On-Sale Minnesota Royal !Public Safety Chapter 603 M.S. § 340A.404, Restaurants LLC, !Fire Marshal subd. 1 1051 East Moore !City Clerk M.S. § 340A.403; Lake Drive. M.S. § 340A.405 Manager: Junchul Kim On-Sale !Public Safety Chapter 603 M.S. § 340A.404, Neighborhood !Fire Marshal subd. 1 Grill & Bar, 5277 !City Clerk M.S. § 340A.403; Central Avenue M.S. § 340A.405 N.E. Managers: Desiree Hetrick, Thomas Riojas, Erin Lang, Christian Brown On-Sale Route 47 Pub & !Public Safety Chapter 603 M.S. § 340A.404, Grub, 7820 !Fire Marshal subd. 1 University Avenue. !City Clerk M.S. § 340A.403; Manager: Kathy M.S. § 340A.405 Sauvageau On-Sale BAM, Inc. dba !Public Safety Chapter 603 M.S. § 340A.404, Shortstop, 1298 !Fire Marshal subd. 1 East Moore Lake !City Clerk M.S. § 340A.403; Drive. Manager: M.S. § 340A.405 Ray McManus On-Sale Billiard Street Café !Public Safety Chapter 603 M.S. § 340A.404, dba Two Stooges !Fire Marshal subd. 1 Bar & Grill, 7178 !City Clerk M.S. § 340A.403; University Avenue M.S. § 340A.405 N.E. Manager: Greg Asproth On-Sale !Public Safety Chapter 603 M.S. § 340A.404, Banquet, 104 !Fire Marshal subd. 1 Osborne Road N.E. !City Clerk M.S. § 340A.403; Manager: Angel M.S. § 340A.405 Morocho-Carchi 89 Item 10. On-Sale Banquets of MN, !Public Safety Chapter 603 M.S. § 340A.404, Inc., 6310 Highway !Fire Marshal subd. 1 65. Manager: Leslie !City Clerk M.S. § 340A.403; Lind M.S. § 340A.405 Club On-Sale American Legion !Public Safety Chapter 603 M.S. § 340A.404, #303, 7365 Central !Fire Marshal subd. 1 Avenue. Manager: !City Clerk M.S. § 340A.403; Maureen Morris M.S. § 340A.405 Massage Minnesota Type of License Applicant Staff Approval City Code Statute Massage Therapy Salon Amore, 1278 !Public Safety Chapter 125.08 Business East Moore Lake !Fire Marshal Drive. Individual !City Clerk Massage Therapist: Kelli Potratz Massage Therapy Collective !Public Safety Chapter 125.08 Business Harmony Massage !Fire Marshal and Healing Arts !City Clerk LLC, 7260 University Avenue #315. Individual Massage Therapists: Sharon Sloper, Kacie Larson Massage Therapy Duir Massage, !Public Safety Chapter 125.08 Business 7260 University !Fire Marshal Avenue #110. !City Clerk Individual Massage Therapist: Cynthia Miller Massage Therapy Hawkins Healing, !Public Safety Chapter 125.08 Business 7362 University !Fire Marshal Avenue #204. !City Clerk Individual Massage Therapist: Deanna Hawkins Massage Therapy Hong Massage !Public Safety Chapter 125.08 Business LLC, 6209 !Fire Marshal University Avenue. !City Clerk Individual Massage Therapist: Hong Cao 8: Item 10. Tobacco Type of License Applicant Staff Approval City Code Minnesota Statute Food, Tobacco, Gas IMart Stores, 7600 !Public Safety Chapter 12 M.S. § 461.12, University Avenue !Fire Marshal subd. 1 !City Clerk Food, Tobacco, Gas Bona Companies !Public Safety Chapter 12 M.S. § 461.12, Inc., 5311 !Fire Marshal subd. 1 University Avenue !City Clerk Food, Tobacco, Gas Route 47 Pub and !Public Safety Chapter 12 M.S. § 461.12, Grub, 7820 !Fire Marshal subd. 1 University Avenue !City Clerk Food, Tobacco, Gas Northside Grocery !Public Safety Chapter 12 M.S. § 461.12, & Deli, 6215 !Fire Marshal subd. 1 University Avenue !City Clerk Food, Tobacco, Gas Walgreens #04697, !Public Safety Chapter 12 M.S. § 461.12, 6525 University !Fire Marshal subd. 1 Avenue !City Clerk Food, Tobacco, Gas North Oaks Amoco !Public Safety Chapter 12 M.S. § 461.12, Inc., Holiday !Fire Marshal subd. 1 Station, 7295 !City Clerk University Avenue Food, Tobacco, Gas Holiday !Public Safety Chapter 12 M.S. § 461.12, Stationstores, LLC, !Fire Marshal subd. 1 5695 Hackmann !City Clerk Avenue Food, Tobacco, Gas Holiday !Public Safety Chapter 12 M.S. § 461.12, Stationstores, LLC, !Fire Marshal subd. 1 th 200 57 Avenue !City Clerk Food, Tobacco, Gas River Boat Food & !Public Safety Chapter 12 M.S. § 461.12, Fuel, 7883 East !Fire Marshal subd. 1 River Road !City Clerk Food, Tobacco, Gas Walmart, Inc., 8450 !Public Safety Chapter 12 M.S. § 461.12, University Avenue !Fire Marshal subd. 1 !City Clerk Food, Tobacco, Gas Cub Foods, 250 !Public Safety Chapter 12 M.S. § 461.12, th 57 Avenue !Fire Marshal subd. 1 !City Clerk Food, Tobacco, Gas Old Central BP, !Public Safety Chapter 12 M.S. § 461.12, 1301 Mississippi !Fire Marshal subd. 1 Street !City Clerk Food, Tobacco, Gas Fridley BP, Inc., !Public Safety Chapter 12 M.S. § 461.12, 6485 East River !Fire Marshal subd. 1 Road !City Clerk Food, Tobacco, Gas Northern Tier !Public Safety Chapter 12 M.S. § 461.12, Retail Speedway !Fire Marshal subd. 1 #4207, 7451 East !City Clerk River Road N.E. 91 Item 10. Food, Tobacco, Gas Northern Tier !Public Safety Chapter 12 M.S. § 461.12, Retail Speedway !Fire Marshal subd. 1 #4199, 7299 !City Clerk Highway 65 N.E. Food, Tobacco, Gas Northern Tier !Public Safety Chapter 12 M.S. § 461.12, Retail Speedway !Fire Marshal subd. 1 #4175, 5667 !City Clerk University Avenue N.E. Food, Tobacco, Gas R&D Automotive !Public Safety Chapter 12 M.S. § 461.12, Services dba !Fire Marshal subd. 1 Fridley Minnoco, !City Clerk 7680 Highway 65 Food, Tobacco, Gas , 7298 !Public Safety Chapter 12 M.S. § 461.12, Highway 65 !Fire Marshal subd. 1 !City Clerk Food, Tobacco, Gas Billiard Street Café !Public Safety Chapter 12 M.S. § 461.12, dba Two Stooges !Fire Marshal subd. 1 Bar & Grill, 7178 !City Clerk University Avenue N.E. Tobacco Product Fridley ECigs and !Public Safety Chapter 12 M.S. § 461.12, Shop Supply, 6532 !Fire Marshal subd. 1 University Avenue !City Clerk Tobacco Product Moore Lake !Public Safety Chapter 12 M.S. § 461.12, Shop Tobacco, 1015 East !Fire Marshal subd. 1 Moore Lake Drive !City Clerk Tobacco Product Fridley BP Inc. dba !Public Safety Chapter 12 M.S. § 461.12, Shop River Tobacco, !Fire Marshal subd. 1 6485 East River !City Clerk Road Tobacco Product Old Central BP Inc. !Public Safety Chapter 12 M.S. § 461.12, Shop dba 4 Corners !Fire Marshal subd. 1 Tobacco, 1301 !City Clerk Mississippi Street Tobacco Product Flamezz Inc. dba !Public Safety Chapter 12 M.S. § 461.12, Shop Mr. Discount !Fire Marshal subd. 1 Tobacco and !City Clerk Smokes, 7610 University Avenue Pawn Minnesota Type of License Applicant Staff Approval City Code Statute Pawn Shop Pawn American !Public Safety Chapter 31 M.S. § 325J.02 Minnesota LLC, !Fire Marshal rd 789 53 Avenue. !City Clerk Manager: Gelgeis McDonough 92 Item 10. Pawn Shop EZPAWN !Public Safety Chapter 31 M.S. § 325J.02 Minnesota Inc. dba !Fire Marshal Max It Pawn, 7300 !City Clerk University Avenue Passed and adopted by the City Council of the City of Fridley this 26th day of April, 2021. _______________________________________ Scott J. Lund Mayor ATTEST: ___________________________________ Daniel Tienter City Clerk 93 94 Item 10. Remarks until 2021 No ConcernsNo ConcernsNo ConcernsNo ConcernsNo ConcernsNo Concerns for explanation Did not meet 60/40 Exhibit A 11/09/2020. No alcohol sold requirement. Refer to Exhibit B Obtained conditional license on L - N/A L - N/A T - N/A T - N/A T - N/A T - N/A T - N/A T - N/A L - Pass L - Pass L - Pass L - Pass L - Pass L - Pass T - Pass T - Pass G - N/AG - N/AG - N/AG - N/AG - N/AG - N/AG - N/AG - N/A e Checks Pass/Fail Complianc 0.0360.1010.4780.2990.2080.0000.0200.174 $10K Sales Police Calls per - Call 99,346.64 20,924.31 33,471.59 57,461.45 47,969.00 276,830.57 487,895.00 per Police Gross Sales $ $ $ $ $ $ $ $ 701 51 11131917 # of Calls Police N/A Sales Total Gross $272,016$911,411$487,895$976,845 $1,937,814$1,092,813$1,707,051 3% N/A 11%52%28%42%53% 61% % of Sales N/A Sales On-Sale Intoxicating Liquor (8 Establishments)Gross Liquor $76,225$16,285 $205,015$566,564$380,718$521,726 $1,044,820 N/A 89%48%72%58%97%46% 39% % of Sales 2021-2022 Liquor License Renewal Information N/A Food Sales Gross $526,249$195,791$662,231$530,693$471,610$449,277 $1,732,799 XXX 2 AM 2020-2021 Liquor License Renewal Information (Continued) Name of Establishment BAM Inc. dba Shortstop Fridley 1298 E. Moore Lake Dr Banquets of MN 6310 Hwy 65 NE Billiard Street Café dba Two Stooges Bar & Grill 7178 University Ave NE Crooner's Lounge & Supper Club 6161 Hwy 65 NE Halo's Bar and Vero's Banquet 1040 Osborne Rd NE MN Royal Restaurants, LLC dba King's Club 1071 E. Moore Lake Dr Route 47 Pub and Grub 7820 University Ave NE Applebee's 5277 Central Ave NE 95 Item 10. RemarksRemarks No ConcernsNo Concerns 08/19/2020 (Banquets of MN was closed during the compliance check)1/30/2020 and 7/28/2020No formal checks conducted due to COVID-19 shutdowns T - N/A T - N/A L - Pass L - Pass G - N/AG - N/A Compliance Compliance Checks Pass/FailChecks Pass/Fail 71 CallsCalls Liquor Manufacturer (1 Establishment) # of Police # of Police Club On-Sale Intoxicating Liquor (1 Establishment) L = Liquor Compliance Check T = Tobacco Compliance Check G = Gambling Compliance Checks Name of EstablishmentName of Establishment American Legion #303 7365 Central Ave NE Forgotten Star Brewing 38 Northern Stacks Dr NE Item 10. 96 Item 11. AGENDA REPORT Meeting Date: April 26, 2021 Meeting Type: City Council Submitted By: Roberta Collins, Assistant to the City Manager Title Approve Claim Nos. 192476 - 192598 Background Financial Impact Recommendation Approve Claim Nos. 192476 - 192598 Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Community Identity & Relationship Building x Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !City Council Claims Report Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 97 98 Item 11. 99 Item 11. 9: Item 11. :1 Item 11. :2 Item 11. :3 Item 11. :4 Item 11. :5 Item 11. :6 Item 11. :7 Item 11. :8 Item 11. :9 Item 11. :: Item 11. 211 Item 11. 212 Item 11. 213 Item 11. 214 Item 11. 215 Item 11. 216 Item 11. 217 Item 11. 218 Item 11. Item 12. AGENDA REPORT Meeting Date: April 26, 2021 Meeting Type: City Council Submitted By: Ryan George, Deputy Director of Public Safety Title Public Hearing to Consider On-Sale Liquor License by Jeremy Stiner for The Original Malt Shop Express and Resolution No. 2021-34, Approving On-Sale Liquor License for The Original Malt Shop Express Background Jeremy Stiner has applied for an On-Sale Liquor License for The Original Malt Shop Express at 8300 University Avenue N.E. There has not been a liquor establishment at this location before, since the building is new. Another establishment, Broadway Pizza at 8298 University Ave NE, possessed an On- Sale Liquor License in the immediate vicinity until their closure in May 2019. th The application for an On-Sale Liquor License was received by staff on April 6, 2021. A food license was thth issued by staff on April 13, 2021, and the business opened for food sales on April 20, 2021. The applicant has applied for an On-Sale Liquor License that will be effective May 1, 2021, which is the start of the 2021-2022 licensing period. The applicant, Jeremy Stiner, , MN. The Roseville location will continue to A background investigation has been completed for Mr. Stiner by the Police Division, finding no outstanding issues or reasons to deny the license. Fridley City Code Section 603.07, subd. 1 requires the City Council conduct a public hearing to consider the approval of said license. The Notice of Public Hearing was published in the Star Tribune on April 16, 2021. Financial Impact Recommendation Staff recommend the City Council conduct a public hearing to consider approving an On-Sale Liquor License for The Original Malt Shop Express. Staff recommend the approval of Resolution No. 2021-34. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 219 Item 12. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Community Identity & Relationship Building Financial Stability & Commercial Prosperity X Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Resolution No. 2021-34 !Notice of Public Hearing Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 21: Item 12. Resolution No. 2021-34 Approving On-Sale Liquor License for the Original Malt Shop Express Whereas, Minnesota Statute § 340A.404 enables municipalities to issue On-Sale Liquor Licenses to establishments within its jurisdiction; and Whereas, Fridley City Code Chapter 603 directs licensing requirements and activities for On-Sale Liquor Licenses in the City of Fridley; and Whereas, City staff have worked with the applicant to ensure all licensing requirements have been satisfied; Whereas, The Fridley City Council conducted a public hearing on April 26, 2021 pursuant to Fridley City Code § 603.07 subd. 1d; Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves an On-Sale Liquor License to the Original Malt Shop Express located at 8300 University Avenue N.E. th Passed and adopted by the City Council of the City of Fridley this 26 day of April, 2021. _______________________________________ Scott J. Lund Mayor ATTEST: Daniel Tienter City Clerk 221 Item 12. PUBLIC NOTICE City of Fridley City Council Notice of Public Hearing to Consider On-Sale Liquor License by Jeremy Stiner for The Original Malt Shop Express Notice is hereby given that the Fridley City Council will hold a public hearing at Fridley City Hall, 7071 University Avenue N.E. on Monday, April 26, at 7:00 p.m. on the question of issuing an On-Sale Liquor License to The Original Malt Shop Express located at 8300 University Avenue N.E. The applicant is Jeremy Stiner. 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 April 24, 2021. Anyone having an interest in this matter should make their interest known at this public hearing. Melissa Moore, Deputy City Clerk Published: April 16, 2021 in Star Tribune 222