04-25-2022 Conf Mtg
COUNCIL CONFERENCE MEETING
April 25, 2022
5:30 PM
Fridley Civic Center, 7071 University Avenue NE
AGENDA
1.Firefighters Labor Agreement (No written report.)
2.Recodification Update: Title 2 (Administration)
3.Proposed Resolution No. 2022-40, Deeming All Funds Received Under ARPA as
Reimbursement of Lost Revenue
4.Park System Improvement Plan Bond Issuance Discussion
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
vices, programs, and activities.
Hearing impaired persons who need any interpreter or other persons with disabilities who require auxiliary aids
should contact Roberta Collins at (763) 572-3500. (TTD/763-572-3534).
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AGENDA REPORT
Meeting Date:April 25, 2022 Meeting Type:City CouncilConferenceMeeting
Submitted By:Melissa Moore, City Clerk
Title
Recodification Update: Title 2(Administration)
Background
Pursuant to Minnesota Statute § 415.02 and Fridley City Charter (Charter) § 1.02, the City Council
(Council) may codify and publish ordinances that carry the force and effect of law for the City of Fridley
(City), which may be arranged into a system generally referred to as the Fridley City Code (Code).
On August 23, 2021 the Council authorized and directed efforts related to recodification of the Codeby
adopting Resolution No. 2021-67.Following the process established by the City Manager for revising
each chapter of the Code, staff are ready to present draftsof several chapters to be found in Title 2
(Administration) of the Code: Administration, Personnel, Background Investigations, Penalties,
Ordinance Enforcement, Reasonable Accommodation, Assessments, Absentee Ballot Board, and Flags.
At this time staff are not prepared to present drafts of the Administrative Citations or Fees chapters.
These chapters will be presented to the Council for comment at a later Conference Meeting date.
To explain proposed revisions to chapters, and the rationale for the proposed revisions, the City Manager
created Recodification Reports that will accompany any chapter amendment that propose substantive
changes to the Code. If a chapter does not propose substantive changes, there will be no corresponding
Recodification Report. Staff will present proposed changes to Title 2to the Council, take questions and
solicit feedback and further direction. Based on such feedback and direction, staff will make additional
changes to Title 2.
Attachments and Other Resources
Chapter 200, Administrationand Recodification Report
Chapter 201, Personneland Recodification Report
Chapter 202, Background Investigationsand Recodification Report
Chapter 204, Penaltiesand Recodification Report
Chapter 205,Ordinance Enforcementand Recodification Report
Chapter 206, Reasonable Accommodation
Chapter 207, Assessmentsand Recodification Report
Chapter 208, Absentee Ballot Board
Chapter 802, Flagsand Recodification Report
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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RECODIFICATION REPORT
Introduction
To aid accessibility and clarity in understanding of proposed updates to large, and sometimes
complicated chapters of the Fridley City Code (Code), this Recodification Report (Report) will accompany
select ordinances as they are introduced to the City Council. The Report will illuminate substantive
changes to the Code (e.g., addition or removal of a section, fee changes, policy updates, etc.). It will not
point out grammatical, punctuation, renumbering, or stylistic changes.
TitlePlacement
Title 6 Lands and Buildings
Title 1General Provisions
Title 7 Zoning
Title 2 Administration
Title 3 Licensing Title 8 Franchises, Utilities and Right-of-Way
Title 4 Health, Safety and WelfareTitle 9 Public Ways and Places
Title 5 Public NuisanceAppendices
Chapter Information
Chapter Title:AdministrationRecodification Liaisons:Melissa Moore, City Clerk
Current Chapter Number:2New Chapter Number:200
Substantive Changes
Section NumberCurrent CodeProposed Changes
200.06.02This section requiresthe City to have Upon recommendation of the City
an initial insurance fund of $50,723.Attorney, this section is removed as
the fund is established in the
preceding section. Establishing a
required dollar amount is not
necessary.
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Fridley City Code
Chapter 2. 200 Administration
2.01.200.01 City Manager
The Fridley City Council (Council) shall exercise administrative control exclusively through the
City Manager. As such, the City Manager is the Chief Administrative Officer of the City and is
empowered and obligated to perform and enforce the provisions of the Charter of the City and
all the laws, ordinances and resolutions of the City. The subordinate officers of the City and its
employees are obligated to carry out and perform the duties and functions of their office or
employment, including the enforcement of the Fridley City Charter (Charter) and all laws,
ordinances and resolutions of the City where appropriate to the duties and functions of their
office or employment, or as may be assigned or delegated to them.
2.02.200.02 Organizational Structure
The City Manager shall develop and be responsible for an organizational structure which best
meets the needs of the City. The various departments and divisions which comprise the
organizational structure shall be confirmed by resolution of the City Council. The City Manager
shall have the sole authority to appoint, create, contract for, and remove the positions necessary
to complete the required duties for the authorized departments.
2.03.200.03 Deputy City Clerk
The City Manager may designate an employee of the City as a "Deputy City Clerk" who shall
have authority to act for and in on behalf of the City Clerk during the absence of the City Clerk
from the City Hall.
2.04.200.04 Compensation
The City Manager and all subordinate officers and employees of the City receive such
reasonable compensation as may be fixed by the Council under ordinance or resolution
establishing and fixing such compensation separately or as a part of a schedule for all officers
and employees.
2.05.200.05 Legal Defense
In the lawful and good faith performance of the functions and duties of their respective offices
and employment and the enforcement of the Charter of the City, and all the laws, ordinances
and resolutions and regulations of the City, as a part thereof, the officers and employees of the
City, including the police officers, act as agents and representatives of the City and are entitled
to all rights, privileges and immunities to their persons and properties as are accorded by law of
the State of Minnesota and the Charter of the City of Fridley. No officer or employee is or shall
be held personally liable to any person for any claim or loss arising from or out of the lawful and
good faith performance of the duties and functions of such officer or employee;. and whenever
Whenever a claim of loss or damage is made against an officer or employee personally by
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reason of an act or omission done in the lawful and good faith performance of the duties and
functions of such officer or employee; and whenever a claim of loss or damage is made against
an officer or employmentemployee, the City is authorized to and shall defend such officer or
employee against the same, provide legal counsel as necessary to such defense, and pay such
losses and damages as may be necessary to hold such officer or employee free of claim therefor,
except as prohibited by law. (Ref. Minnesota Statutes, Section 471.44)
2.06.200.06 Self Insurance Fund
1. Purpose
The City hereby establishes a self-insurance fund to provide self-insurance against liability of
the City and its officers, employees, agents and servants under Minnesota Statutes, Chapter
466, Section 340A.603 and 340A.801 and any other laws for damages resulting from its torts,
including torts for which the City has immunity, and those torts of its officers, employees,
agents and servants. The establishment of the fund, the allocation of funds to it or the
expenditure of funds, or any other act in conjunction with the establishing or operation of
the fund shall not waive any immunity granted to a political subdivision, nor shall it waive
any statutory limitation on liability afforded a political subdivision.
2. Funding
The City hereby establishes an initial fund in the amount of $50,723. The City shall
appropriate, from time to tine, sufficient funds to maintain or increase the initial balance.
32. Authorized Expenditures
The City Council hereby authorizes expenditures from the fund established for any one or
more of the following purposes:
A.(a) Payment of losses;
B.(b) Costs of defense and investigation;
C.(c) Premiums and deductible amounts when commercial insurance is purchased for
risk;
D.(d) Costs of loss control activities; or
E.(e) Any other costs customarily borne by commercial insurers under conventional
insurance policies.
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RECODIFICATION REPORT
Introduction
To aid accessibility and clarity in understanding of proposed updates to large, and sometimes
complicated chapters of the Fridley City Code (Code), this Recodification Report (Report) will accompany
select ordinances as they are introduced to the City Council. The Report will illuminate substantive
changes to the Code (e.g., addition or removal of a section, fee changes, policy updates, etc.). It will not
point out grammatical, punctuation, renumbering, or stylistic changes.
TitlePlacement
Title 6 Lands and Buildings
Title 1General Provisions
Title 7 Zoning
Title 2 Administration
Title 3 Licensing Title 8 Franchises, Utilities and Right-of-Way
Title 4 Health, Safety and WelfareTitle 9 Public Ways and Places
Title 5 Public NuisanceAppendices
Chapter Information
Chapter Title:PersonnelRecodification Liaisons:Melissa Moore, City Clerk;
Mikey Oman, Employee Resources Specialist; Becca
Hellegers, Employee Resources Director
Current Chapter Number:3New Chapter Number:201
Substantive Changes
Section NumberCurrent CodeProposed Changes
201.01Establishes the purpose of the The proposedchange updates the
chapter.purpose of the chapter.
201.02This section describes how the City The proposed change removes
Manager will apply administrative different classes of employees and
policies to different classes of makes note that the Chapter applies to
employees.all City employees.
201.03N/AThis is a new section to note that the
Chapter applies to all City employees,
and does not apply to elected officials,
commissions, or volunteers.
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Fridley City Code
Chapter 3.201 Personnel
3.01. 201.01 Purpose
The purpose of the City formal personnel policies are to establish standards, conditions and
regulations of work and pay in City employment within the City of Fridley, to be applicable to all
non-union employees of the City.This Chapter will establish and maintain a uniform personnel
administration system for City of Fridley (City) employees while also ensuring the efficient and
effective performance of the work of the City. To achieve these goals, this Chapter assigns
administrative powers, duties and responsibilities, and provides for the establishment of
personnel policies.
3.02. 201.02 Administration of Policies
The City Manager shall have the power to formulate and execute such administrative personnel
policies and to make rules and regulations for the employment of full-time, temporary/seasonal,
part-time, paid, on-call firefighters, and all City employees, contract employees, as well as
consultants, and independent contractors for services. Such administrative policies, rules, and
regulations shall apply to all City employees unless there is a specific provision to the contrary in
this Chapter or in a collective bargaining agreement entered into by the City. The administrative
policies shall provide for verification and investigation of facts set forth in employment
applications., including examination of criminal and traffic records.
The City Manager, or respective Department Manager,or their designee shall have the power to
update these policies at his/hertheir discretion so long as any changes are in compliance with
any relevant federal or state laws, rules and regulations, or other guidelines. The City Manager
or their designee shall effectively communicate any changes in policy to the Fridley City Council
and City employees.
Future significant personnel-related contracts and renewals must be approved by Council.
201.03 Scope of Persons Covered
The directives of this Chapter apply to all City employees, except elected officials, advisory
commission members and volunteers.
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RECODIFICATION REPORT
Introduction
To aid accessibility and clarity in understanding of proposed updates to large, and sometimes
complicated chapters of the Fridley City Code (Code), this Recodification Report (Report) will accompany
select ordinances as they are introduced to the City Council. The Report will illuminate substantive
changes to the Code (e.g., addition or removal of a section, fee changes, policy updates, etc.). It will not
point out grammatical, punctuation, renumbering, or stylistic changes.
TitlePlacement
Title 6 Lands and Buildings
Title 1General Provisions
Title 7 Zoning
Title 2 Administration
Title 3 Licensing Title 8 Franchises, Utilities and Right-of-Way
Title 4 Health, Safety and WelfareTitle 9 Public Ways and Places
Title 5 Public NuisanceAppendices
Chapter Information
Chapter Title:Background InvestigationsRecodification Liaisons:Trent Homard,
Administrative Intern; Andy Todd, Administrative
Sergeant; Melissa Moore, City Clerk
Current Chapter Number:8New Chapter Number:202
Substantive Changes
Section NumberCurrent CodeProposed Changes
202.02Authorized the Fridley PoliceRewritten to simplify the language and
Department to conduct background make clear that the Public Safety
checks on applicants for employment, Department is authorized to access
selected appointees and volunteers.data provided by the State to
administerthis function.
202.04(1)Covers the collection, storage and Rewritten to simplify language and
handling of data from background more closely align with comparable
checks.cities.
202.04(3)N/AStaff proposeadding this sectionto
state thatsocial media posts and
public document repositories will be
included in background check
processing.
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Fridley City Code
Chapter 8 202. Criminal History Background Investigations for City Employment and Licensing
8.01. 202.01 Purpose
The purpose and intent of this Chapter is to establish regulations that will allow the City of Fridley
(City) Police Public Safety
information for specified non-criminal purposes of employment and licensing background
investigations.
8.02. 202.02 Criminal Background Investigations for City Employees and Appointees
The City of Fridley Police Department is authorized to do a criminal history background
investigation on the applicants for all regular full-time, regular part-time, seasonal, and temporary
employees who are finalists for paid positions; and selected appointees, volunteers, agents and
independent contractors who work with the public involving at risk populations such as vulnerable
adults, children or the disabled; or who manage, handle or coordinate significant city assets,
sensitive data or financial materials. In conducting the background investigation to screen
employment finalists, certain volunteer applicants, certain contractors/consultants and certain
appointees, the Public Safety Department is authorized to access data maintained in the
Minnesota Bureau of Criminal Apprehension (BCA) Computerized Criminal History information
system in accordance with BCA policy.
8.03. 202.03 Criminal Background Investigation for City Licensing
The City of Fridley Police Public Safety Department is authorized to do a criminal history
background investigation on any applicants for business licensing as a matter of public safety.
8.04. 202.04 Process of Criminal Background Investigation
1. When conducting the criminal history background investigation to screen applicants for
employment, and license applicants for a City license, certain volunteers, and certain
independent contractors, the Police Public Safety Department is authorized to access only
data maintained in the Minnesota Bureau of Criminal Apprehensions
Computerized Criminal History information BCA databases. Any data that is accessed and
acquired shall be maintained by the Police Public Safety Department under the care and
custody of the chief law enforcement official, or designee
Policy and Minnesota Statutes, as may be amended from time to time., and retained as
required by the General Records Retention Schedule for the City of Fridley Police Department.
A summary of the results of the Computerized Criminal History data may be released by the
Police Public Safety Department to any relevant parties as appropriate.
2. Before the investigation is undertaken, the applicant must authorize the Police Public Safety
Department by written consent to undertake the investigation. The written consent must fully
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comply with the provisions of Minnesota Statutes Chapter 13 regarding the collection,
maintenance and use of the information.
3. The Public Safety Department will utilize various social media and public document
repositories as part of any background investigation. All information will be processed
pursuant to the Public Safety Departments procedures and retained pursuant to Minnesota
Statutes Chapter 13
4. Except for the positions set forth in Minnesota Statutes (M.S.) Section § 364.09, the City will
conviction unless the crime is directly related to the position of employment or license sought
and the conviction is for a felony, gross misdemeanor, or misdemeanor with a jail sentence. If
g
of the following:
A.(a) The grounds and reasons for the denial;
B.(b) The applicant complaint and grievance procedure set forth in Minnesota Statutes
M.S. § Section 364.06.;
C.(c) The earliest date the applicant may reapply for employment or license.; and
D.(d) That all competent evidence of rehabilitation will be considered upon reapplication.
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RECODIFICATION REPORT
Introduction
To aid accessibility and clarity in understanding of proposed updates to large, and sometimes
complicated chapters of the Fridley City Code (Code), this Recodification Report (Report) will accompany
select ordinances as they are introduced to the City Council. The Report will illuminate substantive
changes to the Code (e.g., addition or removal of a section, fee changes, policy updates, etc.). It will not
point out grammatical, punctuation, renumbering, or stylistic changes.
TitlePlacement
Title 6 Lands and Buildings
Title 1General Provisions
Title 7 Zoning
Title 2 Administration
Title 3 Licensing Title 8 Franchises, Utilities and Right-of-Way
Title 4 Health, Safety and WelfareTitle 9 Public Ways and Places
Title 5 Public NuisanceAppendices
Chapter Information
Chapter Title:PenaltiesRecodification Liaisons:Trent Homard,
Administrative Intern; Andy Todd, Administrative
Sergeant; Melissa Moore, City Clerk
Current Chapter Number:901New Chapter Number:204
Substantive Changes
Section NumberCurrent CodeProposed Changes
204.01N/AThis is an added purpose statement
for the Chapter.
204.02List of City Codesectionsthat are Proposes to remove this section, as
classified as petty misdemeanors. listing certain sections of the City Code
is superfluous and out of date.
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Fridley City Code
Chapter 901.204 Penalties
204.01 Purpose
Except as otherwise provided in the Fridley City Code (Code), any person violating any provision
of this Code will be guilty of a misdemeanor and upon conviction shall be punished according to
penalties imposed by Minnesota Statute.
901.01. 204.02 General Provisions
1.!Every person who violates this Code is subject to all penalties provided for such violation.
Except where a different, specific or more particular penalty is provided or allowed with
respect to any offense, any person guilty of a violation of this Code shall upon conviction
of such offense, be fined in an amount not to exceed the maximum fine as authorized by
Minnesota State Statute 609.034 or be imprisoned in jail for a period not to exceed 90
days or both for each offense of which such person is convicted.
2.!Certain violations of the Code are deemed petty misdemeanors as defined by Minnesota
State Statutes Chapter 609. The maximum fine will be that amount authorized by
Minnesota State Statute § 609.0332. If a person fails to appear in court on a charge that is
a petty misdemeanor, the failure to appear is considered a plea of guilty and waiver of the
right to trial, unless the person appears in court within ten days and shows that a person's
failure to appear was due to circumstances beyond the person's control. Violations of the
following sections of this Code are petty misdemeanors:
124.06.2 506.04.2 506.08.15 506.10.1.B
124.07.1 506.05.1 506.08.18 506.10.1.C
124.07.2.A 506.07.1 506.08.2 506.13.1
124.07.2.B 506.07.2 506.08.3 506.13.6
124.07.7 506.07.3 506.08.4 508.03
505.1 506.08.1 506.08.5 508.08
506.03 506.08.10 506.08.6 508.33
506.06 506.08.11 506.08.7 508.34
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506.09 506.08.12 506.08.8 512.07
506.12 506.08.13 506.08.9 514.03
506.04.1 506.08.14 506.10.1.A
901.02 204.02 Other Recovery
Upon the failure of any person to pay the fine or cost as imposed by any court, the court imposing
the same may collect or recover the fine or cost in such manner as is provided or allowed by law.
901.03 204.03 Greater Penalty
Whenever the State law of this State provides for, authorizes or allows a court to impose for an
offense under this Code a penalty which is greater than the general penalty provided or allowed
herein for such offense, then the court may impose such greater penalty for such offense, the
same as if prescribed herein.
901.04 204.04 Separate Offenses
Each separate violation of the Code is a separate offense; . and the The continued violation by a
person of any one same offense with knowledge thereof is a separate offense for each day of such
continued violation.
901.05 204.05 False Statements
Every person who gives or furnishes to the City of Fridley a false or untrue statement to be relied
upon in the granting of a permit or license shall be subject to the penalties provided for in this
Chapter.
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RECODIFICATION REPORT
Introduction
To aid accessibility and clarity in understanding of proposed updates to large, and sometimes
complicated chapters of the Fridley City Code (Code), this Recodification Report (Report) will accompany
select ordinances as they are introduced to the City Council. The Report will illuminate substantive
changes to the Code (e.g., addition or removal of a section, fee changes, policy updates, etc.). It will not
point out grammatical, punctuation, renumbering, or stylistic changes.
TitlePlacement
Title 6 Lands and Buildings
Title 1General Provisions
Title 7 Zoning
Title 2 Administration
Title 3 Licensing Title 8 Franchises, Utilities and Right-of-Way
Title 4 Health, Safety and WelfareTitle 9 Public Ways and Places
Title 5 Public NuisanceAppendices
Chapter Information
Chapter Title:Ordinance EnforcementRecodification Liaisons:Melissa Moore, City Clerk;
Andy Todd, Administrative Sergeant; Dan Cahill,
Neighborhood Preservation Specialist
Current Chapter Number:803New Chapter Number:205
Substantive Changes
Section NumberCurrent CodeProposed Changes
205.01N/AThis proposed addition adds a
purposestatement to the Chapter.
205.03Lists titles of certain City employees The proposed revision updates
who are authorized to issue citations.authorized employees to issue
citations.
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Fridley City Code
Chapter 803.205 Ordinance Enforcement
205.01 Purpose
Designated employees of the City of Fridley (City) are authorized to institute appropriate civil,
criminal or administrative actions against a person, firm, or corporation who violates any
provision of the Fridley City code (Code).
803.01.205.02 Promise to Appear Arrest and Detention
Except as provided by statute, only a peace officer and part-time peace officer may require a
person receiving a citation to get a written promise to appear in court, or take a person into
custody as permitted by Minnesota Statute.
803.02.205.03 Issuance of Citations
The following full-time or part-time City employees or authorized City volunteers may issue
citations, in lieu of arrest or continued detention, for violations of the City codeCode. Areas of
jurisdiction will be contained in City policy:
1. Peace Officers;
2. Community Service Officers;
3. Reserve Officers;
4. Code Enforcement Officers;
5. Health Officers
6. Building or Rental Inspector; or
7. Fire Inspector OfficersFire Marshall.
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Fridley City Code
Chapter 34 206 Reasonable Accommodation
34.01 206.01 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 Chapter is to establish a process for making and acting upon requests for reasonable
accommodation.
34.02 206.02 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 (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.
34.03 206.03 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
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.
34.04 206.04 Accommodation Specialist; Required Findings
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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.
34.05 206.05 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 34.08206.08. 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 34.08206.08. Only the
aggrieved applicant of the written reasonable accommodation determination has a right to appeal
the decision.
A reasonable accommodation approved under this section shall become effective on the first
calendar day following expiration of the right to appeal.
34.06 206.06 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
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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.
34.07 206.07 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.
34.08 206.08 Appeals
Any decision reached by the Accommodation Specialist pursuant to Section 34.05206.05 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 34.05206.05. Following a hearing on
such appeal, the Fridley City Council shall issue its findings, in writing, within 30 days.
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RECODIFICATION REPORT
Introduction
To aid accessibility and clarity in understanding of proposed updates to large, and sometimes
complicated chapters of the Fridley City Code (Code), this Recodification Report (Report) will accompany
select ordinances as they are introduced to the City Council. The Report will illuminate substantive
changes to the Code (e.g., addition or removal of a section, fee changes, policy updates, etc.). It will not
point out grammatical, punctuation, renumbering, or stylistic changes.
TitlePlacement
Title 6 Lands and Buildings
Title 1General Provisions
Title 7 Zoning
Title 2 Administration
Title 3 Licensing Title 8 Franchises, Utilities and Right-of-Way
Title 4 Health, Safety and WelfareTitle 9 Public Ways and Places
Title 5 Public NuisanceAppendices
Chapter Information
Chapter Title:AssessmentsRecodification Liaisons:Melissa Moore, City Clerk;
Korrie Johnson, Assistant Finance Director; Pat
Maghrak, City Assessor
Current Chapter Number:7New Chapter Number:207
Substantive Changes
Section NumberCurrent CodeProposed Changes
207.01This section describes the authority of A portion of this section was removed
the City to assess and accept payment as inclusion of the text was
forassessments.superfluous, as Minnesota Statute
(M.S.) Chapter 429 expressly states the
authority of the City to assess and
administer such a process.
207.02Specified the time and partial A portion of this section was replaced
payment amounts. with more clear language regarding
amounts and timing of pre-payment
of special assessments to reduce or
eliminate interest and or certification
charges.
7.03Allows the City Clerk to cancel any Staff propose to remove this section,
assessment sent to the County as the certification process is directed
Assessor in error.in M.S. Chapter 429.
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Fridley City Code
Chapter 7.207 Assessments
7.01 207.01 Authority
It is deemed to be in the interest of the City of Fridley (City) and the owners of respective
properties in the City of Fridley that the City authorize and accept the prepayment of special
assessments in whole or in part as allowed by law and provided under Minnesota Statutes
Chapter 429, Section 429.061, Subd. 3 (1961), and as provided by this Chapter. This Chapter will
be construed to authorize, ratify and confirm prepayments heretofore received and accepted,
and any assessments credited therewith, and any corrections made by the City Clerk without
such authorization being previously granted and received. Further, no part of this Chapter shall
be construed to deny to any person the right or privilege to make payment of any assessment in
whole or in part as otherwise provided by law under the Statutes of the State of Minnesota; and
that this Chapter is and shall be deemed supplementary thereto.
7.02. 207.02 Time of Payment
Prior to certification of the assessment or the first installment thereof any person may pay the
whole or any part which is not less than one-half thereof, provided that such partial payment
shall in any event be in a sum of at least One Hundred Dollars ($100.00). Upon receipt of any
such prepayment, the City Clerk shall note the same upon the records of the City, credit the
payee therefore, and reduce the assessment as originally made in the amount of the
prepayment received. The balance remaining shall then be noted as the amount due and may
then be certified to the County Auditor together with and as a part of the assessment roll in
which the original amount due was contained. Upon adoption of the new assessment roll but
not later than November 15 of the year of adoption, any person may make one payment only
for the whole or any part of the balance, which is not less than $100 to reduce or eliminate any
interest that would accrue upon certification. Upon receipt of any such prepayment, the City
Manager or their designee shall note the same upon the records of the City, credit the payee
therefore, and reduce the assessment as originally made in the amount of the prepayment
received. The balance remaining shall then be noted as the amount due and may then be
certified to the County Auditor together with and as a part of the assessment roll in which the
original amount due was contained. After November 15 of the year of adoption any person may
pay part or all of the remaining balance less any amount certified to the property tax for the
following year.
7.03. Certification
The City Clerk may and shall be authorized, upon a resolution duly made approving the same, to
cancel any assessment or part thereof which was certified to the County Auditor in error either
as to amount or otherwise; and may and shall correct the same, including the amount of interest
thereon improperly accrued, if any, by certifying the corrected assessment and interest and
attaching thereto a certified copy of the resolution authorizing the correction. Such corrected
assessment when so certified shall then stand upon the assessment records in the place of the
original assessment made in error.
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Fridley City Code
Chapter 4.208 Absentee Ballot Board
4.01. 208.01 Absentee Ballot BoardPurpose
The Fridley City Council (Council) hereby authorizes the establishment of an Absentee Ballot Board
within the City of Fridley (City), which is authorized to handle all absentee ballots received prior
to any election, primary or general, within the City.
4.02. 208.02 Duties
The Absentee Ballot Precinct Board shall:
1. (a) Perform the duties of an Absentee Ballot Board required by Minnesota Statute
203B.121.
2. (b) May work in conjunction with the Anoka County during any state primary or general
election to provide election Election judges Judges to the Anoka County who may assist the
absentee ballot board to with processing
4.03. 208.03 Members
The Absentee Ballot Board shall consist of a sufficient number of election Election judges Judges
appointed by the Council as provided in Minnesota Statute 204B.19 to 204B.22as may be
amended from time to time.
4.04. 208.04 Compensation
The City shall pay a reasonable compensation to each member of the Absentee Ballot Board for
services rendered during the an election.
4.05. 208.05 Applicable Laws
This Chapter is deemed to be supplementary to Minnesota State Statutes pertaining to absentee
ballots and general election laws.
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RECODIFICATION REPORT
Introduction
To aid accessibility and clarity in understanding of proposed updates to large, and sometimes complicated
chapters of the Fridley City Code (Code), this Recodification Report (Report) will accompany select
ordinancesas they areintroduced to the City Council. The Report will illuminate substantive changes to the
Code (e.g., addition or removal of a section, fee changes, policy updates, etc.). It will not point out
grammatical, punctuation, renumbering, or stylistic changes.
TitlePlacement
Title 1 General ProvisionsTitle 6 Lands and Buildings
Title 2 Administration Title 7 Zoning
Title 3 Licensing Title 8 Franchises, Utilities and Right-of-Way
Title 4 Health, Safety and WelfareTitle 9 Public Ways and Places
Title 5 Public NuisanceAppendices
Chapter Information
Chapter Title:FlagsRecodification Liaisons:Melissa Moore, City Clerk
Current Chapter Number:802New Chapter Number:N/A
Substantive Changes
ChapterNumberCurrent CodeProposed Changes
802This Chapter regulatesbehaviors and Staff propose to remove this Chapter
requirements pertaining to the display of the Code.Minnesota Statute §
and/or removal of flags within the 609.40 outlaws the same behaviors as
City.Chapter 802.
Reviewed By
City ManagerDepartment Director
City AttorneyRecodification Liaison
Recodification Coordinating Group
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Fridley City Code
Chapter 802. Flags
802.01. Display
No person shall display or carry any flag, banner, ensign or symbol of any government, state,
country or political force with which the United States of America is engaged in an armed
conflict with the intent to cause a breach of peace.
802.02. Removal
No person, unless authorized or assigned, shall lower or remove from any public flagpole the
flag of the United States of America.
802.03. Penalties
Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such
violations under the provisions of Chapter 901 of this Code.
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AGENDA REPORT
Meeting Date:April 25, 2022 Meeting Type:City CouncilConference Meeting
Submitted By:Joe Starks, Finance Director
Title
Proposed Resolution No. 2022-40, Deeming All Funds Received Under ARPA as Reimbursement of
Lost Revenue
Background
Earlier this year, the US Treasury issued guidance that gives recipient cities a one-time option (no later
th
than April 30) to declare the funds as reimbursement for actual or presumed revenue loss. A new
allows municipalities the option to use a standard allowance of
up to $10 million for the revenue loss category. This simplifies and reduces the onerous reporting
requirements and Cities have been strongly encouraged to choose this option. The other benefit is that
by selecting revenue loss, the City receives maximum flexibility in the usage of funds as revenue loss
Council is being asked to approve the resolution formally approving the declaration that ARPA funds
received be deemed as revenue loss to simplify the reporting requirements.
Financial Impact
There is no financial impact with this item as approval is being recommended to simplify the reporting
process. At this time, the original intention of using funds for utility infrastructure projects would
remain.
Focus on Fridley Strategic Alignment
X Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building
X Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship
Organizational Excellence
Attachments and Other Resources
Proposed Resolution No. 2022-40
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Resolution No. 2022-40
Resolution to Deem All Funds Received Under ARPA as Reimbursement of Lost Revenue
Whereas, Congress adopted the American Rescue Plan Act (ARPA) in March 2021, which included
$65 billion in recovery funds for cities across the country; and
Whereas, ARPA funds are intended to provide support to state, local, and tribal governments in
responding to the impact of COVID-19 and in their efforts to contain COVID-19 in their
communities, residents, and businesses; and
Whereas, The Fiscal Recovery Fund provides for $19.5 billion in payments to be made to States
and territories which will distribute the funds to non-entitlement units of local government (NEUs);
and
Whereas, NEUs generally have populations below 50,000; and
Whereas, the ARPA requires that States and territories allocate funding to NEUs in an amount
that bears the same proportion as the population of the NEU to the total population of all NEUs
in the State; and
Whereas, on July 30, 2021 the City of Fridley (City) received $1,472,232 for its share of the Fiscal
Recovery Fund;
Whereas, after the deadline of October 11, 2021 passed for NEUs to request ARPA funds, nearly
$12 million of available funds for ; and
Whereas, as allowed by the United States Treasury, the State of Minnesota has redistributed these
remaining funds amongst eligible local governments who requested ARPA funds; and
Whereas, $48,212 has been allocated to the City pursuant to the ARPA redistribution; and
Whereas, the redistribution will be distributed in two deposits, with half received in 2021 and the
second half in 2022; and
Whereas, the City has presumptively experienced revenue loss due to COVID and desires to
declare all funds received as reimbursement of revenue loss as permitted by applicable US
Treasury guidance.
Now, therefore be it resolved, that the City declares all funds received as revenue loss as
permitted by applicable US Department of Treasury guidance.
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Passed and adopted by the City Council of the City of Fridley this 25 day of April, 2022.
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_______________________________________
Scott J. Lund Mayor
Attest:
________________________________________
Melissa Moore City Clerk
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AGENDA REPORT
Meeting Date:April 25, 2022 Meeting Type:City Council Conference Meeting
Submitted By:Joe Starks, Finance Director
Title
Park System Improvement Plan Bond Issuance Discussion
Background
There will be discussion regarding the proposed issuance of bonds for the Park System Improvement
Plan.
Focus on Fridley Strategic Alignment
X Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building
X Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship
Organizational Excellence
Attachments and Other Resources
Presentation -Park System Improvement Plan Bond Issuance Discussion
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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PARK SYSTEM
IMPROVEMENT PLAN
BOND ISSUANCE DISCUSSION
APRIL 25, 2022
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Original Timing of Bond Issuances
Rising Rate Environment/Inflationary Forecast
Alternate Scenarios
OVERVIEW
Property Tax Levy Impact
Considerations
Questions/Additional Information Needed?
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ORIGINAL
•$20 mil. issued in 3 separate issues, 3 years apart
TIMING OF
•2023
•2026
BOND
•2029
ISSUANCES
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RISING RATE
ENVIRONMENT
•Due to the rising interest rate environment, staff is
looking at different scenarios in issuing bonds, timing
and number of issuances
•Likely increase of 200-300 bp (2-3 percentage points)
by end of 2022 going into 2023
•Projected 5-7 federal funds rate increases by end of
2022 going into 2023
•Rate increases intended to slow inflation and
moderate consumer price increases
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INFLATIONARY
FORECAST
•Inflation currently at highest level
since early 1980s
•5-7 rate increases by Federal
Reserve by end of year going into
2023
•Rate increases intended to lower
inflation and moderate consumer
price increases
•Optimism
•Core inflation index increased at
the slowest pace in six months.
•Largest driver of growth in core
inflation over past year, used car
prices, decreased 3.8% from
February to March.
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PROJECT DELIVERY ENVIRONMENT
•Are we concerned with rising construction costs and supply-chain issues regarding the spend-down
requirements?
o Current construction materials pricing is up (mainly for steel), but materials costs are expected to level
over this year.
o Fuel costs are up, but this has limited bearing on overall costs with known local bidding activity this spring.
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PROJECT DELIVERY ENVIRONMENT
o Future cost driver is likely to be labor, however we are somewhat insulated from this as our projects
require prevailing wage. Availability of labor will be a greater impact and create increasing prices in the
next few years. An earlier construction timeline therefore may be of benefit.
o Our consultants are advising that materials for building and other elements are not likely to have an
impact with this advanced schedule.
o Current supply chain issues are factored into delivery estimates.
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Moving 2023 issuance of original
plan ($7 mil. +/-) to 2022
•Interest savings by moving issuance up to
2022
ALTERNATE
SCENARIOS
$20 mil. in 2022
•Interest savings and issuance savings (1
issuance instead of 3)
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Move 2023 Issuance to 2022
•Projected $368,000 less in interest than
original plan of 2023 issuance
•Interest rate lower in 2022 than in 2023
•Spending while cost of project/materials
ALTERNATE
decreasing from current levels
SCENARIOS
$20 mil. issuance in 2022
•Projected $1.20 mil. less in interest (vs. option
above) & $1.53 mil. less in interest (vs. original)
•Interest rate lower in 2022 than in 2023
•Spending while cost of project/materials
decreasing from current levels
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PROPERTY TAX LEVY IMPACT
Original Plan -2023,2026,2029 (updated with current/expected rates)
15 Years
Type of PropertyResidential HomesteadCommercial Industrial
Estimated Market Value$ 295,000 $ 1,000,000
Annual City Tax Impact$ 136.72$ 922.29
Monthly Tax Impact$ 11.39$ 76.86
15 Year -Average Annual Levy$ 2,031,407
Move 2023 Issuance Up to 2022
15 Years
Type of PropertyResidential HomesteadCommercial Industrial
Estimated Market Value$ 295,000 $ 1,000,000
Annual City Tax Impact$ 135.21$ 912.10
Monthly Tax Impact$ 11.27$ 76.01
15 Year -Average Annual Levy$ 2,008,959
$20 Mil. Issuance in 2022
15 Years
Type of PropertyResidential HomesteadCommercial Industrial
Estimated Market Value$ 295,000 $ 1,000,000
Annual City Tax Impact$ 129.82 $ 875.76
Monthly Tax Impact$ 10.82 $ 72.98
15 Year -Average Annual Levy$ 1,928,918
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•Assumes 15-year average repayment, however,
there is flexibility in how the repayment can be
structured, i.e., lower repayment in earlier years,
higher in future years, however, the City would pay
more in interest cost. This would lower the tax
burden in earlier years and increase it in future
PROPERTY TAX
years. Other City funds, i.e., Community Investment
LEVY
Fund, etc. could be used as well to soften the initial
impact.
CONSIDERATIONS
•The original plan of issuing bonds in 2023 would
create a property tax impact beginning in 2024.
Issuing bonds in 2022 would an impact beginning
in 2023.
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PROJECT DELIVERY ENVIRONMENT
•Assumptions for spend-down analysis
o Design can proceed upon approval of plan
o Construction contract approval in 2022
o Moore Lake Building can be prioritized
o Moore Lake Park construction during 2022-2024 (in two phases consistent with prior planning)
•Spend down estimates
2022 Bond issue: 3 x $6.7M bonds2 x $10.0M bonds1 x $20M bondsDeliverable
By 12/31/2022$0.67M req.$1.0M req.No requirement$1.0M
By 7/1//2023$3.0M req.$5.0M req.$2.0M req.$3.5M
By 7/1/2024$5.7M req.$8.5M req.$6.0M req.$7.0M
•Staff also looked intoa scenario for 2 separate $10 mil. issuances, however, that option is not
feasible based on the required spend down.
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DEBT SERVICE
REQUIREMENTS
•Proposed improvement plan would meet
arbitrage/spend down requirements for all scenarios
being considered
•Debt capacity
•The bonds are pledged with tax abatements to pay
the obligations and, therefore, do not count against
the City’s debt limit
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CONSIDERATIONS
NEED TO START PROJECT VERY SPEND DOWN REQUIREMENTS ARE IMPACT ON PROPERTY TAX LEVYINTEREST RATE RISK FOR MULTIPLE
SOON (DESIGN, ETC.)REALISTIC, AND THE PLAN CAN ISSUANCES IN VOLATILE RATE
PROCEED AT REQUIRED PACEENVIRONMENT
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Original Plan (2023, 2026,
2029)
Move 2023 Issuance to
OPTIONS
2022
Full Issuance in 2022
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QUESTIONS
•What is the goal of considering 2 new options? Why not stick with the original plan?
o The goal is to save the City money and lessen the impact on taxpayers. The original issuance plan was
devised in a much lower interest rate environment. Interest rates will be higher going into 2023 with
several federal funds rate increases. The rate increases are intended to curb inflation and moderate
consumer price increases. Nearly all the project spending would come when CPI is projected to be
decreasing or lower than today, i.e., 2023, 2024, etc.
•Do the 2 new scenarios create more of a burden on the property tax levy than the original plan
would have?
o No, in fact they create less of a burden as a direct result of interest (and issuance) savings.
•Would the timing of the impact to taxpayers change?
st
o Yes, with the original plan (1issue in 2023), the impact would begin in 2024. If the City were to issue this
year in 2022, the impact would begin in 2023. However, there is flexibility in structuring payments at the
time of issue and could be flexibility with the timing of usage of the other funding sources, i.e. community
investment fund, etc.
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QUESTIONS
•With both options, would the speed of the project differ substantially than what was presented to
Council?
o No, the spend down requirements and pace align with the presented plan, i.e., this would not be a case
where the City would be spending additional funds just to expedite the process for interest rate savings.
However, the project construction and associated spend down would begin one year earlier than initially
proposed.
•Are the 2 new options feasible from a project timeline standpoint?
o Yes, other than prioritizing and advancing construction of the Moore Lake Building, the pace of spend
down does not differ significantly than the plan that was presented to Council.
•Would a project coordinator position need to be hired?
o Not necessarily, however, it would be a savings to the City to have a staff member than can assist in
coordinating the improvements. The Park System Improvement Plan Financing Advisory Committee had
recommended hiring a City staff member to coordinate the project in lieu of hiring consultants.
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ANY ADDITIONAL INFORMATION
NEEDED?
WHAT IS COUNCIL’S DIRECTION FOR
STAFF?
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THANK YOU!
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