08-09-2021
CITY COUNCIL MEETING
August 09, 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. Presentation of the 2021 City of the Year Award from the Minnesota Real Estate Journal
2. Presentation of the
APPROVAL OF PROPOSED CONSENT AGENDA
APPROVAL OF MINUTES
3. Approve the Minutes from the City Council Meeting of July 29, 2021
NEW BUSINESS
4. Resolution No. 2021-64, Approving Rice Creek Watershed District Water Quality Grant
Agreement for Rain Garden Construction
CLAIMS
5. Resolution No. 2021-66, Approving Claims for the Period Ending August 4, 2021
ADOPTION OF REGULAR AGENDA
OPEN FORUM, VISITORS: Consideration of Items not on Agenda 15 minutes.
REGULAR AGENDA ITEMS
PUBLIC HEARING(S)
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City Council Meeting 8/9/2021 Agenda Page 2
6. Ordinance No. 1395, Public Hearing and First Reading to Consider Chapter 34, Reasonable
Accommodations
NEW BUSINESS
7. Resolution No. 2021-65, Repealing Resolution No. 2021-15 Regarding TIF District No. 19
INFORMAL STATUS REPORTS
ADJOURN
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AGENDA REPORT
Meeting Date: August 9, 2021 Meeting Type: City Council
Submitted By: Melissa Moore, Administrative Services Coordinator/Deputy City Clerk
Title
Presentation of the 2021 City of the Year Award from the Minnesota Real Estate Journal
Background
Scott Hickok, Community Development Director, will present the 2021 City of the Year Award from the
Minnesota Real Estate Journal.
Financial Impact
None.
Recommendation
Focus on Fridley Strategic Alignment
X Vibrant Neighborhoods & Places X Community Identity & Relationship Building
X Financial Stability & Commercial Prosperity X Public Safety & Environmental Stewardship
X Organizational Excellence
Attachments and Other Resources
!None
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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AGENDA REPORT
Meeting Date: August 9, 2021 Meeting Type: City Council
Submitted By: Melissa Moore, Administrative Services Coordinator/Deputy City Clerk
Title
Presentation of the
Background
Luke Cardona, Communications Manager, will present the 2021 Northern Lights Bronze Award for the
Financial Impact
None.
Recommendation
Focus on Fridley Strategic Alignment
X Vibrant Neighborhoods & Places X Community Identity & Relationship Building
X Financial Stability & Commercial Prosperity X Public Safety & Environmental Stewardship
X Organizational Excellence
Attachments and Other Resources
!None
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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AGENDA REPORT
Meeting Date: August 9, 2021 Meeting Type: City Council
Submitted By: Roberta Collins, Assistant to the City Manager
Title
Approve the Minutes from the City Council Meeting of July 29, 2021
Background
Attached are the minutes from the City Council meeting of July 29, 2021.
Financial Impact
None.
Recommendation
Approve the minutes from the City Council meeting of July 29, 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
!Minutes from the City Council Meeting of July 29, 2021.
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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CITY COUNCIL MEETING
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July 29, 2021
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7:00 PM
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Fridley Civic Campus, 7071 University Avenue N.E.
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MINUTES
CALL TO ORDER
Mayor Lund called the City Council Meeting of July 29, 2021, to order at 7:00 p.m.
PRESENT
Mayor Scott Lund
Councilmember Dave Ostwald
Councilmember Tom Tillberry
Councilmember Stephen Eggert
Councilmember Ann Bolkcom
Walter Wysopal, City Manager
Jim Kosluchar, Public Works Director
Rachel Workin, Environmental Planner
PLEDGE OF ALLEGIANCE
APPROVAL OF PROPOSED CONSENT AGENDA
Councilmember Ostwald requested to remove Item No. 2 from the consent agenda and place it on the
regular agenda.
Councilmember Bolkcom requested to remove Item No. 4 from the consent agenda and place it on the
regular agenda.
Motion by Councilmember Bolkcom to approve the consent agenda with the removal of Items Nos 2 and
4. Seconded by Councilmember Tillberry.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED
UNANIMOUSLY.
APPROVAL OF MINUTES
1. Approve the Minutes from the City Council Meeting of July 12, 2021
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City Council Meeting 7/29/2021 Minutes Page 2
OLD BUSINESS
2. Ordinance No. 1394, Amending the Fridley City Code Chapter 11, Fees, Adding Micromobility Sharing
Services Licensing Fee, Micromobility Impoundment and Storage Fees, Second Reading.
This item was removed from the consent agenda and placed on the regular agenda.
NEW BUSINESS
3. Resolution No. 2021-54, Scheduling a Public Hearing to Add Chapter 34, Reasonable
Accommodation, to the Fridley City Code.
4. Resolution No. 2021-61, Concurring with the Rice Creek Watershed District Boundary
Change/Adjustment.
This item was removed from the consent agenda and placed on the agenda.
5. Resolution No. 2021-62, Approving Gifts, Donations and Sponsorships received between June 21,
2021, and July 19, 2021.
CLAIMS
6. Resolution No. 2021-63, Approving Claims for the Period Ending July 21, 2021.
ADOPTION OF REGULAR AGENDA
Motion by Councilmember Ostwald to adopt the regular agenda with the addition of Item nos. 2 and 4.
Seconded by Councilmember Bolkcom.
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
OLD BUSINESS
7. Ordinance No. 1393, Amending Fridley City Code Chapter 509 Allowing Shared Micromobility Devices,
Petitioned by Bird Rides, Inc., Second Reading
Rachel Workin, Environmental Planner, said the petitioner, Bird Rides, Inc., created a license for shared
micromobility vehicles. This was presented to the Planning Commission and the first reading of the
ordinance was held at the City Council meeting on June 28. Staff is recommending delaying the second
reading of the ordinance until the City Council meeting on August 23, 2021. This will allow Bird Rides,
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City Council Meeting 7/29/2021 Minutes Page 3
Inc., to address outstanding home occupation issues and allow staff to update the ordinance language
to clarify reasons for license denial. The license will no longer be pursued for 2021.
Mayor Lund asked if Bird Rides was asking to delay the license or if staff was.
Ms. Workin replied that based on the timing, it did not make sense to pursue the license for 2021. Staff
will take a closer look at the license request.
Councilmember Bolkcom asked if the ordinance would look at the wording for the home occupation
charging.
Ms. Workin replied that if the license was denied, staff would need to make a clear statement of reasons
for the license denial. This allows time to include that language in the ordinance.
Motion by Councilmember Ostwald to table the second reading of Ordinance No. 1393, until August 23,
2021. Seconded by Councilmember Eggert.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED
UNANIMOUSLY.
2. Ordinance No. 1394, Amending the Fridley City Code Chapter 11, Fees, Adding Micromobility Sharing
Services Licensing Fee, Micromobility Impoundment and Storage Fees, Second Reading.
Motion by Councilmember Ostwald to table Ordinance No. 1394 until August 23, 2021. Seconded by
Councilmember Eggert.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED
UNANIMOUSLY.
4. Resolution No. 2021-61, Concurring with the Rice Creek Watershed District Boundary
Change/Adjustment.
Councilmember Bolkcom asked what the impact would be on and what the process was
for people to know what watershed district they will be in.
Jim Kosluchar replied that notices would be published in the regional circulation paper. Staff will
encourage the Watershed District to send out notifications by mail but if not, the City would notify those
impacted by mail.
Councilmember Bolkcom asked why this is happening now.
Mr. Kosluchar replied that the Watershed District is drawn in a manner that was not parcel specific but
broken down by street boundaries. As time went by, it was recognized that this was troublesome. They
had jurisdiction over properties not flowing into their watershed district. Now properties will be allocated
appropriately.
Motion made by Councilmember Bolkcom to adopt Resolution No. 2021-61. Seconded by
Councilmember Tillberry.
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City Council Meeting 7/29/2021 Minutes Page 4
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED
UNANIMOUSLY.
INFORMAL STATUS REPORTS
Mayor Lund said he enjoyed watching the community theater play Mama Mia. It was a great play.
Wysopal Wysopal shared the following:
to staff, the HRA, and the support
from Council.
The Fridley School Board has requested a joint meeting on September 7, 2021, at 7 p.m.
The Parks Improvement Plan Finance Task Force and Refinement Task Force will start meetings in two
weeks and come back with recommendations to Council hopefully by October. Meetings are open
to the public and will be listed on the website.
Tuesday, August 3, is Night to Unite.
the turf reestablishing this spring. Staff is working with the contractor for a solution. Staff have been
trying to determine what the correct fix will be. Letters have been sent out to the homeowners affected.
It is difficult for turf to take this time of year, and harder with the drought we are experiencing.
Mr. Wysopal said that there was a nice ceremony Monday night in remembrance of former
councilmember Bob Barnette.
ADJOURN
Motion made by Councilmember Ostwald to adjourn. Seconded by Councilmember Eggert.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED
UNANIMOUSLY AND THE MEETING WAS ADJOURNED AT 7:33 p.m.
Respectfully Submitted,
Krista Peterson Scott J. Lund
Recording Secretary Mayor
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AGENDA REPORT
Meeting Date: August 9, 2021 Meeting Type: City Council
Submitted By: Rachel Workin, Environmental Planner
James Kosluchar, Public Works Director
Title
Resolution No. 2021-64, Approving Rice Creek Watershed District Water Quality Grant Agreement for
Rain Garden Construction
Background
In 2020, the Anoka Conservation District (ACD) performed a subwatershed assessment in a portion of
the City including the Rice Creek Terrace neighborhood, with funding from the Rice Creek Watershed
District (RCWD). Several opportunities for water quality improvements were defined, including
installation of curbside rain gardens along residential property frontages. Since the City Council in the
has been working collaboratively with RCWD and ACD staff to develop detailed plans for suitable
residential properties where rain gardens have been requested by property owners.
Typically, more time is afforded for this coordination effort, which has been complicated by reduced
planning time and limited ability to meet due to pandemic concerns. However, the City has completed
its review of plans for up to six rain gardens that are suitable for construction and will have a positive
impact on water quality. The Rice Creek Watershed District has indicated their financial support in
providing funding of 75% up to $7,500 for construction and planting of each rain garden. The City will
provide the remaining match of up to $2,500 per rain garden, which is budgeted from our Storm Water
esence, we
are presenting the next step of the process as an approval to execute a cost-share agreement with RCWD
for funding as described.
funding.
City staff sent targeted outreach to properties identified as priority rain garden locations in the Rice
Creek subwatershed evaluation that was performed by ACD for RCWD. Eight property owners expressed
interest in hosting rain gardens and were subsequently evaluated and surveyed. Two locations were
thereafter found unsuitable due to utility conflicts. Our staff has worked with the remaining six interested
homeowners to enable their commitment to the necessary maintenance via property owner agreements
with the RCWD.
Our rain garden program is in line with the following guidance documents and policies:
!
their highest use
!The 2040 Comprehensive Plan, Parks chapter which established the goal of
natural resources
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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pollinator forage in areas of opportunity.
!Rice Creek Watershed District plans.
!MPCA/USEPA Upper Mississippi River Bacteria Total Maximum Daily Load Plan
Financial Impact
Funding for this
Plan. The scope of the project is within budget. The agreement under consideration significantly increases
the desired outcome of our program with no change in funding.
Recommendation
Staff recommends the approval of Resolution No. 2021-64.
Focus on Fridley Strategic Alignment
x Vibrant Neighborhoods & Places Community Identity & Relationship Building
Financial Stability & Commercial Prosperity x Public Safety & Environmental Stewardship
Organizational Excellence
Attachments and Other Resources
!Resolution No. 2021-64
!Draft Agreement
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Resolution No. 2021-64
Approving Entering into a Rice Creek Watershed District Water Quality Grant Agreement
for Rain Garden Construction
Whereas, Rice Creek Terrace is a neighborhood park in the City of Fridley; and
Whereas, the City is constructing a street rehabilitation project in the Rice Creek Terrace
neighborhood in 2021, listed in its Capital Investment Plan as Project ST2021-02; and
Whereas, the Local Water Plan, 2040 Comprehensive Plan, Pollinator Friendly Fridley
resolution, Rice Creek Watershed District plans, and Upper Mississippi River Bacteria Total
Maximum Daily Load Plan include goals to improve the water quality of Rice Creek; and
Whereas, rain gardens have been identified as a suitable element to provide stormwater
treatment by the Anoka Conservation District, providing an amount of improvement toward the
goals above; and
Whereas, City staff have coordinated with property owners and targeted suitable locations for
construction of up to six rain gardens to be constructed along with street improvements in 2021;
and
Whereas, the adjacent property owners have requested these improvements and have committed
to their maintenance; and.
Whereas, City Staff directed final plan completion considering input received and advertised for
bids with notice in accordance with Minnesota Statutes and the Fridley City Charter; and
Whereas, through its Water Quality Grant Program, the Rice Creek Watershed District (RCWD)
has indicated that a cost-share of 75% up to $7,500 for each of the rain gardens identified could
be made available to the City of Fridley; and
Whereas, the City of Fridley has allocated funds in its Capital Investment Plan for the remaining
cost of construction through its Storm Water Utility;
Now, therefore be it resolved, that the City Council of the City of Fridley hereby authorizes the
execution of a Rice Creek Watershed District Water Quality Grant Agreement in the general form
presented for water quality improvements described above.
th
Passed and adopted by the City Council of the City of Fridley this 9 day of August, 2021.
_______________________________________
Scott J. Lund Mayor
ATTEST:
Daniel Tienter City Clerk
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RICE CREEK WATERSHED DISTRICT
WATER QUALITY GRANT PROGRAM APPLICATION AND CONTRACT
G ENERAL I NFORMATION (O FFICE U SE)
Contract NumberIndividual / Group Other Grant Award
AmendmentCancelled
Yes No
Date:Date:
A PPLICANT I NFORMATION
Applicant
Phone Email
Mailing AddressCityStateZip
W ATER Q UALITY P RACTICE / P ROJECT L OCATION
Physical AddressMunicipalityCounty
Nearest lake, streamor wetland that the proposed practice drains toEstimated distance to nearest waterbody
Parcel ID
P ROJECT I NFORMATION
Project Description (Attach additional sheets if necessary)
Page 1 of 3 24
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C ONTRACT I NFORMATION
I (we), the undersigned, do hereby request grant assistance from the Rice Creek Watershed District (RCWD) to help
defray the cost of installing the following practice(s) listed in this contract within City Right of Way and with the consent
of the landowner (Owner). This Grant Award Contract is for support of water resource protection and education efforts
between the RCWD, a public body with powers set forth at Minnesota Statutes 103B and 103D, and City of (City).
It is understood that:
1.The City will not disturb the project area for the effective life, a minimum of 10 years, unless approved in writing
by the District. Any disturbance for purposes of maintaining city infrastructure or utilities must restore the project area
to the original condition. The Owner is responsible for the operation and maintenance of practices applied under this
program, to ensure that the water quality objective of the practice is met and the effective life of at least 10 years, is
achieved.
In no case shall the RCWD provide grant assistance to the City for the reapplication of a practice that was removed by the
City or Owner during its effective life without consent of the RCWD or that failed due to improper maintenance.
Water quality practices must be planned and installed in accordance with the technical standards and
specifications of the (Anoka CD, Ramsey SWCD, or Washington CD)
This contract, upon approval by the RCWD board, will remain in effect for 18 months unless canceled by mutual
agreement (mm/dd/yy). This contract will be automatically terminated on that date unless amended by
mutual consent to reschedule the work and funding.
When the work is complete, the City will request payment from the RCWD. Items for which payment is requested
on the Voucher and Practice Certification Summary Form are to be supported by invoices/receipts for payments and will
be verified by the RCWD board as practical and reasonable. The RCWD board has the authority to adjust the costs
submitted for reimbursement. Reimbursement will be made only upon execution of a RCWD-approved Operation and
Maintenance Agreement with Owner and the construction of the raingarden is completed according to
the approved plan.
City will permit the RCWD at its cost and discretion, to place reasonable signage within the City Right of Way at the
project locationinforming the public about the project and the RCWD Water Quality Grant Program.
City is responsible for obtaining all necessary approvals and complying with all permits and/or other legal
requirements applicable to the work. In performing the work that is subject to this contract, City will ensure that no
person is excluded from full employment rights or participation in or benefits of any program, service, or activity on the
grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or
national origin, and that no person protected by applicable federal or state laws, rules, or regulations against
discrimination is subject to discrimination.
City agrees to indemnify, defend, and hold harmless the RCWD from any claims, costs, damages, or liabilities that
may arise from the construction of the practice located on the ropert.
Page 2 of 3 25
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A PPLICANT S IGNATURES
The City's signature indicates itsagreement to the above contract terms.
Date
City/Representative
Mailing Address CityStateZip
W ATER Q UALITY P RACTICE
Eligible recognized practice(s)Other practice(s)Total Cost Estimate
T ECHNICAL A SSESSMENT AND C OST E STIMATE
I have reviewed the site where the above listed water quality practice(s) are to be installed and find that they are needed
and that the estimated quantities and costs are practical and reasonable.
County Conservation Specialist RepresentativeDate
A MOUNT A UTHORIZED FOR G RANT (ENCUMBRANCE)
Grant award is not to exceed or percent of the total eligible cost, whichever is less.
Rice Creek Watershed District Board President Board Meeting Date
Page 3 of 3 26
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AGENDA REPORT
Meeting Date: August 9, 2021 Meeting Type: City Council
Submitted By: Roberta Collins, Assistant to the City Manager
Title
Resolution No. 2021-66, Approving Claims for the Period Ending August 4, 2021
Background
Attached is the list of claims for the period ending August 4, 2021.
Financial Impact
Included in the budget.
Recommendation
Staff recommend the adoption of Resolution No. 2021-66.
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. 2021-66
!Exhibit A: City Council Claims Report
!Exhibit B: Emergency Claims
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Resolution No. 2021-66
Approving Claims for the Period Ending August 4, 2021
Whereas, Minnesota Statute § 412.271 generally requires the City Council (Council) to review and
approve claims for goods and services prior to the release of payment; and
Whereas, a list of such claims for the period between July 22 and August 4, 2021, was reviewed
by the Council.
Now, therefore, be it resolved, that the City Council of the City of Fridley hereby approves the
payment of claims attached hereto as Exhibit A.
th
Passed and adopted by the City Council of the City of Fridley this 9 day of August, 2021.
_______________________________________
Scott J. Lund Mayor
Attest:
Daniel Tienter City Clerk
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AGENDA REPORT
Meeting Date: August 9, 2021 Meeting Type: City Council
Submitted By: Scott Hickok, Community Development Director
Stacy Stromberg, Planning Manager
Title
Ordinance No. 1395, Public Hearing and First Reading to Consider Chapter 34, Reasonable
Accommodations
Background
Federal Fair Housing Act
On January 28, 2020, the U.S. Department of Housing and Urban Development distributed a
memorandum for municipalities providing guidance for how to respond to a request for a companion
animal as an accommodation in accordance with the Federal Fair Housing Act of 1968, and as amended
in 1988.
The broader version of the Federal Fair Housing Act prohibits discrimination in housing and housing
related transactions based on: Race, Color, Religion, National Origin, Sex, Disability, or familial status.
Further,
university dormitories, nursing homes, mobile home parks, Group homes for people with disabilities,
sober homes and homes for addiction recovery, some homeless shelters, vacant land which may be
zoning and land use, other municipal ordinances, policies, and practices.
Fair Housing Act and its Relationship to the Ordinance Under Consideration
The City of Fridley has included a reference to the Federal Fair Housing Act 222.01, Statement of Policy
Federal Fair Housing
The need for an accommodation may be related to examples like companion animals, fences, curbing
or numerous other types of accommodations necessary for specific situations.
Analysis
Staff met internally to determine what would be the best approach to move forward with language for
an accommodations ordinance and then also researched outside to see what other cities in the area
have done in this regard. Not surprisingly, we were not alone in the marketplace as a city without an
accommodation ordinance, and those that have such ordinance have nearly identical language city to
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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examples of other city ordinances showing what we had already found or worked on prior. There is not
much in the way of unique language in this regard anywhere. In fact, the cities of Minneapolis and
Maplewood have an identical Reasonable Accommodations Ordinance, but for their language as it
relates to an appeals process.
In Maplewood their appeals process lang
ordinance we preferred. All aspects of the ordinance have been reviewed and minor revisions have been
ma
expectations.
The Planning Commission reviewed this item at their July 21, 2021, Public Hearing. After a thorough
discussion, and the addition of language regarding discontinuation of the accommodation at the site,
once it is no longer necessary, the Commission approved the Accommodation Ordinance. Staff followed
up with the City Attorney to include the necessary language to address the concern raised by the
Commission.
Financial Impact
None.
Recommendation
Staff recommend the City Council conduct a public hearing and first reading of Ordinance No. 1395.
Focus on Fridley Strategic Alignment
Vibrant Neighborhoods & Places X Community Identity & Relationship Building
Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship
Organizational Excellence
Attachments and Other Resources
!Ordinance No. 1395
!Reasonable Accommodations Application
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Ordinance No. 1395
Adding Fridley City Code, Chapter 34, Reasonable Accommodation
The City of Fridley does ordain, after review, examination and staff recommendation that Chapter
34, Reasonable Accommodation, be adopted and added to the Fridley City Code as follows:
Fridley City Code
Chapter 34 Reasonable Accommodation
34.01 Purpose
It is the policy of the City of Fridley (City), pursuant to the Federal Fair Housing Amendments Act
of 1988 to provide reasonable accommodation in the application of zoning and other regulations
for qualified persons with disabilities seeking fair and equal access to housing. Reasonable
Accommodation means providing a qualified person with flexibility in the application of land use,
zoning and other regulations or policies (including the modification or waiver of certain
requirements), when it is necessary to eliminate barriers to fair housing opportunities. The purpose
of this article is to establish a process for making and acting upon requests for reasonable
accommodation.
34.02 Definitions
Accommodation Specialist: staff, appointed by the City Manager, or their designee to
coordinate and administer the Reasonable Accommodation process outlined in Fridley City
Code Chapter 34.
Disability: any one or a combination of those disabilities which are recognized under
applicable federal law.
Qualified Person: any individual with a disability, their representative, or a developer or
provider of housing for an individual with a disability.
Reasonable Accommodation: process by which the City may provide an individual with a
disability flexibility in the application of land use, zoning, or other regulations that serve as a
barrier to housing.
34.03 Initiation of Reasonable Accommodation Request
Any person who requests reasonable accommodation in the form of modification in the
application of a zoning or other regulation which may act as a barrier to fair housing opportunities
due to the disability of existing or proposed residents, may do so on an application form provided
by the The application shall include a detailed explanation of
why the accommodation is reasonably necessary to make the specific housing available to the
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person(s), with a disability, including information establishing that the application is being made
by a qualified person, for themselves or on behalf of a person disabled under applicable laws, as
well as other information required by the Accommodation Specialist to make the determination.
If the project for which the request is being made also requires an additional land use review or
approval, the applicant shall file the request concurrently with the land use review.
34.04 Accommodation Specialist; Required Findings
The Accommodation Specialist, in consultation with the appropriate City staff, shall have the
authority to consider and act on requests for reasonable accommodation. The Accommodation
Specialist shall issue a written decision in which the request is approved, approved subject to
conditions, or denied. In making the decision as to whether an accommodation is reasonable, the
following factors shall be considered:
(a)!Special need created by the disability;
(b)!Potential benefit that can be accomplished by the requested accommodation;
(c)!Need for the requested accommodation, including alternatives that may provide an
equivalent level of benefit;
(d)!Physical attributes of and any proposed changes to the subject property and
structures;
(e)!Potential impact on surrounding uses;
(f)!Whether the requested accommodation would constitute a fundamental alteration of
the zoning regulations, policies, or procedures of the City, and/or nature of the area in
which the accommodation is being requested;
(g)!Whether the requested accommodation would impose an undue financial or
administrative burden on the City;
(h)!Whether the requested accommodation is likely to have any negative impacts on the
health, safety, or general welfare of members of the community, and
(i)!Any other factor that may be determined to have a bearing on the request.
Any approval issued under this section may include such reasonable conditions that the
Accommodation Specialist deems necessary to mitigate any adverse impacts that the granting of
such reasonable accommodation may produce or amplify.
34.05 Notice of Decision
The written decision of the Accommodation Specialist shall be mailed to the applicant within five
business days of such decision being made. All written decisions shall give notice of the right to
appeal a decision of the Accommodation Specialist pursuant to Section 34.08. The decision of the
Accommodation Specialist shall constitute the final decision of the City, unless appealed
according to the procedures and within the time limits provided in Section 34.08. Only the
aggrieved applicant of the written reasonable accommodation determination has a right to appeal
the decision.
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A reasonable accommodation approved under this section shall become effective on the first
calendar day following expiration of the right to appeal.
34.06 Applicability
Any approved request shall constitute a limited license which shall allow the property owner or
occupant to continue to rely upon such accommodation only so long as they own or occupy the
property. Approval of a reasonable accommodation does not constitute a property right, does
not run with the land, and does not provide future owners or occupants any rights to rely upon
such accommodation approvals. Only the person who applied for such reasonable
accommodation, and who is specifically named in the City's approval of such accommodation,
shall be entitled to the benefits and protections thereof. The holder of an approved reasonable
st
accommodation license hereunder shall, on or before January 1 of each year, provide the City
with an updated affirmation that the reasonable accommodation is still necessary. In the event
that the Accommodation Specialist has reasonable cause to believe that factors have changed,
the Accommodation Specialist may request additional information from the license holder. Failure
to annually reaffirm the need for the reasonable accommodation, or failure to provide information
reasonably requested by the Accommodation Specialist, shall result in automatic termination of
the reasonable accommodation upon written notice of the Accommodation Specialist.
34.07 Conditions and Guarantees
Prior to the issuance of any permits relative to an approved reasonable accommodation request,
the Accommodation Specialist may require the applicant to record a covenant acknowledging
and agreeing to comply with the terms and conditions established in the determination.
34.08 Appeals
Any decision reached by the Accommodation Specialist pursuant to Section 34.05 shall be subject
to appeal to the City Council by those persons with a right to appeal as provided herein. All
appeals shall be initiated by submitting a notice of appeal, in writing, to the Accommodation
Specialist within 30 days of the date upon which the decision was made. Upon notice of appeal,
the City Manager or their designee shall present such appeal to the Fridley City Council for action
within 30 days. The Accommodation Specialist shall also serve notice of such appeal on all parties
entitled to receive notice of a decision issued under Section 34.05. Following a hearing on such
appeal, the Fridley City Council shall issue its findings, in writing, within 30 days.
Passed and adopted by the City Council of the City of Fridley on this \[X\] day of \[Month\], 2021.
______________________________________
Scott J. Lund - Mayor
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______________________________________
Daniel Tienter - City Clerk
Public Hearing: August 9, 2021
First Reading: August 9, 2021
Second Reading:
Publication:
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City of Fridley
Summary Publication Ordinance No. 1395
Adding Chapter 34, Reasonable Accommodations, to the Fridley City Code
The City of Fridley does ordain, after review, examination and staff recommendation that Chapter
34, Reasonable Accommodations be added as follows:
Fridley City Code
Chapter 34, Reasonable Accommodation
The Ordinance adds Chapter 34, Reasonable Accommodation, to the Fridley City Code. The
Chapter is divided into the following: § 34.01, Purpose, describes the purpose of the code
amendment and need for the policy; § 34.02, Definitions, provides applicable definitions for the
chapter; § 34.03, Initiation of Reasonable Accommodation Request,
process for Reasonable Accommodation Requests; § 34.04, Accommodation Specialist
Determination and Required Findings, outlines the duties and obligations
Accommodation Specialist; § 34.05, Notice of Decision, describes notification steps the City will
take after an application is submitted; § 34.06, Applicability, states if an accommodation is
approved by the City it is only allowed so long as the applicant resides at the property, the
accommodation does not run with the land; § 34.07, Conditions and Guarantee, directs that the
City may require the approved accommodation be recorded to the property; § 34.08, Appeals,
outlines the process by which an applicant may appeal the decision of the Accommodation
Specialist. Passed and adopted by the City Council of the City of Fridley on \[Date\], 2021. The full text
of the ordinance is available on the City website or for inspection by any person during regular
office hours at the Office of the City Clerk.
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Community Development Department
7071 University Avenue N.E.
Fridley, MN 55432
763-572-3592
www.fridleymn.gov
Reasonable Accommodation Application
Property address:
Applicant:
Contact person:
Address:
Phone:
Email address:
Property owner of Record:
Address:
Phone:
Email address:
Proposed use of the property:
Requested accommodation:
Lot size (acres or square feet):
Please attached required submittal items. Checklist attached.
The applicant hereby grants permission for City employees, officials, and agents to enter onto the property
that is subject to this application for the purposes of viewing the property and reviewing this request.
Applicant Signature: Date:
Property Owner Signature: Date:
Data Practices Rights Advisory
As an applicant for a Reasonable Accommodation from the City of Fridley you are being asked to provide information
about yourself, which will be used by City staff and the City Council. Some of the information supplied may be classified
as private or confidential pursuant to the Minnesota Government Data Practices Act. You may refuse to provide
requested information. Failure to provide all of the information requested may result in the City being unable to process
your request, which will cause your request to be denied. The data you provide will be accessible by City officials with
a legitimate business need to access such information.
For Office Use Only Fee: $0
Date Received: By: Receipt #:
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Submittal Requirements
Applicant must provide the following items with the application form:
!Documentation establishing that the applicant is disabled under applicable laws (e.g.,
letter from a qualified medical professional).
!A written statement describing the intended use of the property, accommodation
requested, and why the City should approve the request. Xsjuufo!obssbujwf!tipvme!beesftt;
o!Special need created by the disability;
o!Description of the requested accommodation and its scope;
o!Potential benefit that can be accomplished by the requested accommodation;
o!Need for the requested accommodation, including evaluation of alternatives that
may provide an equivalent level of benefit;
o!Potential impact on surrounding uses and properties;
o!Physical attributes of and any proposed changes to the subject property and
structures;
o!Anticipated financial and administrative impacts of the requested accommodation
on the City;!boe
o!Any other information that may be relevant to the specific accommodation
request. )Sfgfs!up!uif!buubdife!/*
!A site plan or certificate of survey showing lot lines and the location of existing and
proposed structures and off-street parking spaces. The City may require a certificate of
survey if verification of setbacks is needed.
o!If applicable, an alternative off-site parking plan that demonstrates sufficient
parking for the use.
!If applicable, a floor plan of the building(s).
!If applicable, a written copy of the house rules.
!Any additional information to further explain the proposal that will aid the City in making
a determination.
!Application fee of $0. This fee (if/when applicable) is nonrefundable.
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Process
!Return the application to: Community Development Department
7071 University Avenue N.E.
Fridley, MN 55432
Or email: stacy.stromberg@fridleymn.gov
!The City will review the application for conformance with the standards listed in City Code
Specialist will issue a written approval for a reasonable accommodation in the application
of City code requirements, including land use, zoning, and other regulations or policies.
This will include the modification or waiver of certain code or policy requirements.
!The City will notify the applicant of its decision within 15 business days of such decision
being made.
!If anyone appeals the decision within 30 days, the Accommodation Specialist will schedule
a hearing before the City Council within 30 days of receiving the appeal. If there are no
appeals, the decision is final.
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Additional InformationRequested
If applicable, please address the following topics in your attached written narrative.
Congregate Housing Facilities
1.!What is the maximum number of residents proposed to occupy the facility now or in
the future? How are occupancy limits determined?
2.!If the facility has more than one unit, please specify the number of units and the
number of residents in each unit to be accommodated under this application.
3.!How many residents will have a vehicle at the site? How many off-street parking
spaces are available at the facility? (Attach a site plan demonstrating the location of
existing off-street parking spaces and, if applicable, an alternate plan for off-site
parking.)
4.!Are residents placed in the house by an entity? If yes, please explain. If no, who
refers residents to the house?
5.!Is the facility licensed or registered with a governmental agency? Please explain.
6.!Does the facility receive financial or other support from a governmental agency?
7.!Can a resident live in the house indefinitely? If no, please explain.
8.!Is there a house manager that resides at the facility and is involved in the operation
of the facility? Alternatively, is there an operator involved in the operation of the
facility but does not live in the facility?
9.!Does the resident have access to the entire house (or entire unit, if 2+ unit property),
including all household facilities such as the kitchen, common areas, and bathrooms?
If no, please explain.
10.!Does the whole house function as a single household unit, where the residents share
in common duties such a cleaning and general maintenance of the house? If no,
please explain.
11.!Do house residents have input in reviewing and accepting new residents? If no,
please explain.
12.!Does the house have a written policy banning alcohol and controlled substance use
and possession by residents? If no, please explain.
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Emotional Support Animals
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AGENDA REPORT
Meeting Date: August 9, 2021 Meeting Type: City Council
Submitted By: Paul Bolin, HRA Assistant Executive Director
Daniel Tienter, Director of Finance/City Treasurer/City Clerk
Title
Resolution No. 2021-65, Repealing Resolution No. 2021-15 Regarding TIF District No. 19
Background
In 2007, the City Council (Council) approved the creation of TIF (Tax Increment Financing) District No. 19
(District), Main Street/Industrial Equities (Resolution No. 2007-14). The District assisted with the
extraordinary costs incurred with the demolition of a building supply warehouse, removal of a rail spur,
environmental clean-up and installation of underground storm ponding. To date, the site has increased
in value from $2.3 million to over $11 million.
On March 8, 2021, the Council, upon the recommendation of staff, decertified the District, effectively
ending it and allowing the captured value to return to the general property tax rolls. However, due to a
discrepancy regarding the maturity date of an outstanding TIF Note, the District continues to have eligible
TIF obligations and should not be decertified. To correct the issue, staff reached out to Anoka County, as
the property tax administrator. They indicated they have not yet formally decertified the District and
requested a Council resolution to end the decertification process.
By repealing the previous resolution, the Council will allow the District to remain active and for the
Housing and Redevelopment Authority (HRA) to continue to collect tax increment to support the TIF
Note, which will mature in 2025.
Financial Impact
For 2021, staff estimate that the District will generate approximately $155,000 in tax increment, which
will be used to support the TIF Note.
Recommendation
Staff recommends the approval of Resolution No. 2021-65.
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. 2021-65
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Resolution No. 2021-65
Rescission of the Request for Decertification of Tax Increment Financing District No. 19
and the Repeal of Resolution No. 2021-15
Whereas, the City Council (City) adopted Resolution No. 2021-15 on March 8, 2021 and forwarded
it to Anoka County (County) shortly thereafter requesting decertification of Tax Increment
Financing District No. 19 (District No. 19); and
Whereas, District No. 19 has a statutory decertification date of December 31, 2034; and
Whereas, District No. 19 continues to have expenditures requiring payment, including a tax
increment revenue note; and
Whereas, the request for decertification was premature.
Now, therefore be it resolved, the City Council of the City of Fridley hereby rescinds its request
for decertification of District No. 19 and repeals Resolution No. 2021-15.
Passed and adopted by the City Council of the City of Fridley this 9th day of August, 2021.
_______________________________________
Scott J. Lund Mayor
Attest:
Daniel Tienter City Clerk
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