HomeMy WebLinkAboutNovember 5, 2025 City Council Workshop Agenda PacketCITY OF FALCON HEIGHTS
City Council Workshop
City Hall
2077 West Larpenteur Avenue
AGENDA
Wednesday, November 5, 2025
6:30 P.M.
A.CALL TO ORDER:
B. ROLL CALL:GUSTAFSON____ LEEHY___
MEYER ___ MIELKE___ WASSENBERG___
STAFF PRESENT: LINEHAN___ CITY ATTORNEY____
C.POLICY ITEMS:
1.Rental Rights
a.Just Cause Evictions
b.Review of Proposed Crime Free Housing
2.Gun Violence Prevention Ordinances
3.Budget Workshop #4
a. 2026 Capital Improvement Plan Budget
4.2026 City Calendar Draft
D.ADJOURNMENT:
DISCLAIMER: City Council Workshops are held monthly as an opportunity for Council Members to
discuss policy topics in greater detail prior to a formal meeting where a public hearing may be held and/or
action may be taken. Members of the public that would like to make a comment or ask questions about an item on the agenda for an upcoming workshop should send them to mail@falconheights.org prior to the
meeting. Alternatively, time is regularly allotted for public comment during Regular City Council
Meetings (typically 2nd and 4th Wednesdays) during the Community Forum.
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REQUEST FOR COUNCIL ACTION (RCA)
City of Falcon Heights, Minnesota __________________________
Item Rental Rights: Just Cause Evictions Ordinance
Description This request item was submitted by a Council Member. The request is for the City to
consider a “Just Cause Evictions Ordinance”. The proposed ordinance would be
based on 2025-2026 HF Bill 997, which was read in the Housing Finance and Policy
committee this past session but did not receive further consideration.
The draft language spells out the process for removal of tenants by a landlord, with
the primary change being a change in the ability of a landlord to not renew a lease
without just cause.
St. Paul’s S.A.F.E. Housing Tenant protections provides some similar tenant
protections, and cities such as Minneapolis and St. Louis Park have adopted
ordinances to address eviction notice periods and other tenant support.
A representative of HOME Line will be in attendance to discuss the ordinance.
Budget
Impact
N/A
Attachment(s) •HF 997 Language
Action(s)
Requested
The City Council is requested to discuss and provide guidance to Staff.
Meeting Date November 5, 2025
Agenda Item Policy C1A
Attachment(s) HF 997
Submitted By Jack Linehan, City Administrator
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1.1 A bill for an act
1.2 relating to civil law; requiring landlords to provide just cause for terminating
1.3 tenancy; proposing coding for new law in Minnesota Statutes, chapter 504B.
1.4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. [504B.277] TERMINATING THE TENANCY; JUST CAUSE REQUIRED.
1.6 Subdivision 1.Just cause required.A landlord must not issue a notice terminating a
1.7 tenancy or refuse to renew a lease unless the landlord establishes one or more of the grounds
1.8 for termination described in subdivisions 2 to 10. The landlord must provide the tenant with
1.9 sufficient written notice consistent with the lease requirements but not less than a full rental
1.10 period or in compliance with section 504B.135, describing the reason for terminating the
1.11 tenancy.
1.12 Subd. 2.Nonpayment of rent.The tenant fails to cure the deficiency after receiving a
1.13 nonpayment notice from the landlord, and the landlord does not pursue a valid nonpayment
1.14 eviction action under section 504B.291, subdivision 1, paragraph (a), but decides to terminate
1.15 the tenancy at the end of the lease.
1.16 Subd. 3.Repeated late payment of rent.The tenant repeatedly makes late payments
1.17 of rent, at least five times in a 12-month period. The landlord must provide the tenant with
1.18 notice following a late payment that a subsequent late payment may be grounds for
1.19 termination of the tenancy.
1.20 Subd. 4.Material breach.After receiving a written notice from the landlord, the tenant
1.21 fails to stop the action that is a material breach of the lease or fails to take action that would
1.22 cure the deficiency.
1Section 1.
REVISOR MS/ES 25-0238102/10/25
State of MinnesotaThis Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 997NINETY-FOURTH SESSION
Authored by Agbaje and Kozlowski02/17/2025
The bill was read for the first time and referred to the Committee on Housing Finance and Policy
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2.1 Subd. 5.Refusal to renew.The tenant refuses to renew or extend the lease after the
2.2 landlord requests in writing that the tenant renew or extend the lease.
2.3 Subd. 6.Occupancy by landlord or family member.The landlord, in good faith, seeks
2.4 to recover possession of the rental unit so that the landlord or a family member may occupy
2.5 the unit as the landlord's or the family member's principal residence.
2.6 Subd. 7.Withdrawal from market; building demolishment and dwelling unit
2.7 conversion.(a) The landlord seeks to withdraw the rental property from the residential
2.8 rental market for the following reasons:
2.9 (1) to demolish the property; convert the property into a cooperative, provided the
2.10 landlord complies with the provisions of chapter 515B; or convert the property into a
2.11 nonresidential use, provided the landlord obtains the necessary permits before terminating
2.12 the tenancy;
2.13 (2) to, in good faith, recover the unit to sell it in accordance with a condominium
2.14 conversion, provided the landlord complies with the provisions of chapter 515B; or
2.15 (3) to convert the unit into a subsidized unit under a local, state, or federal housing
2.16 program and the tenant does not qualify to rent the unit under that program.
2.17 (b) A landlord who wishes to withdraw a rental property must:
2.18 (1) file a notice of intent to withdraw with the commissioner of the Minnesota Housing
2.19 Finance Agency;
2.20 (2) provide tenants with 180-day notice prior to the termination of the tenancy; and
2.21 (3) provide one month's rent as a relocation fee to the tenant 30 days prior to withdrawal.
2.22 (c) If the landlord offers units for rent in the withdrawn rental property within five years
2.23 following the withdrawal, the commissioner, the attorney general, or a tenant that was
2.24 removed from the rental property may sue for damages and attorney fees on behalf of
2.25 removed residents.
2.26 Subd. 8.Rehabilitation and renovation.The landlord seeks, in good faith, to recover
2.27 possession of the dwelling unit to complete rehabilitation or renovation work that would
2.28 render the unit uninhabitable for the duration of the rehabilitation or renovation.
2.29 Subd. 9.Complying with government order to vacate.The landlord is complying
2.30 with a government agency's order to vacate, order to abate, or any other order that necessitates
2.31 vacating the dwelling unit.
2Section 1.
REVISOR MS/ES 25-0238102/10/25
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3.1 Subd. 10.Occupancy conditioned on employment.The tenant's occupancy in the
3.2 dwelling unit is conditioned upon employment on the rental property and the employment
3.3 relationship is terminated.
3.4 Subd. 11.Lease amendments.Nothing in this section alters the landlord and tenant's
3.5 ability to amend the terms of a lease as otherwise allowed by law.
3Section 1.
REVISOR MS/ES 25-0238102/10/25
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ITEM FOR DISCUSSION
City of Falcon Heights, Minnesota __________________________
Item Rental Rights - Crime-Free Housing
Description
City Code frequently needs updates as issues are raised and Staff enforces
code. To reflect practices similar to those in neighboring cities and to help
protect renters’ rights, Council previously discussed proposed changes to
Chapter 105 of City Code during the December 4, 2024 City Council
Workshop. At that time, suggestions were made to update multiple portions
of Chapter 105, including the rental inspection process and to Sec. 105-96
Crime free/criminal activity lease requirements.
The majority of the proposed changes to Sec. 105-96 were then tabled until
further discussion and review could take place so that the primary focus
became updates to the rental inspection process prior to 2026 rental licensing
period.
Staff reviewed the City’s current practices regarding rental properties and have
made updates to the crime-free housing section. The proposed changes made
to Sec. 105-96 of City Code are attached for review and discussion by City
Council.
Council is asked now to look again at Sec. 105-96, incorporating the
recommended changes suggested in December 2024, and to make any
additional suggestions now.
Changes of Note Would Include:
Sec. 105-96 Crime free/criminal activity lease requirements Crime free
housing program
In December 2024, the City Council reviewed the proposed modifications to
the Crime Free Housing Program. Two changes from that meeting have been
incorporated into the final draft version proposed:
• Lookback Period – Council recommended a longer lookback period to
review criminal and drug-related activity, proposing increasing the
lookback period from 12 months to 36 months, since convictions can
take time to prosecute.
Meeting Date November 5, 2025
Agenda Item Policy C1b
Attachment See Below
Submitted By Kelly Nelson, Administrative Services
Director/Deputy Clerk
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• Appeals Body – During the December 2024 workshop, rather than
having City Council act as an appeals body, Council favored forming a
separate body consisting of the compliance official and two members of
City Council to act as an appeals body if a tenant receives a third
violation notice and wishes to appeal.
Council is asked to review the draft and provide comments before it is brought
for approval at an upcoming city council meeting.
Budget Impact None.
Attachment(s) • Crime Free Housing Draft
Action(s)
Requested
Staff requests City Council discuss these potential amendments to City Code,
and provide direction in how to proceed with their implementation.
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Sec. 105-96 - Crime free/criminal activity lease requirements housing program
(a) Purpose. The purpose of the crime free housing program is to mitigate the burden
of repeated instances of disorderly conduct and criminal activity in rental
properties on law enforcement resources and public safety and welfare. The city
council finds that landlords are best positioned to address this activity before it
escalates to warrant law enforcement intervention. The city council also finds that
putting conditions on the use of disorderly conduct and criminal activity in
housing determinations will protect and encourage individuals seeking legitimate
law enforcement support to seek assistance without fear of housing retaliation.
(b) Program Overview.
(1) An owner, agent, or property manager of rental dwelling(s) in the city is
encouraged, but not required, to conduct a criminal background check of all
prospective tenants eighteen (18) years and older. If an owner, agent, or
property manager chooses to conduct a criminal background check, they
must do so in compliance with this Section.
(2) Owners, agents, or property managers must comply with the following
requirements prior to conducting any criminal background checks on
prospective tenants or enforcing the crime-free/drug-free lease provisions
provided in this Section:
a. Attend an eight-hour crime free housing course certified by the Minnesota
Crime Prevention Association and offered either by the city or another
municipality in the State of Minnesota, which course must include training
on compliance with the Fair Housing Act. The rental dwelling licensee is
responsible for the cost of training. Proof of completion must be provided
to the city compliance official before a license may conduct criminal
background checks. Failure to provide proof of completion of a training
within two (2) years before conducting criminal background checks may
result in revocation, suspension, nonrenewal, or nonissuance of a license;
b. Use a written lease that contains the crime-free/drug-free lease provisions
in this Section; and
c. Actively pursue the eviction of tenants or termination of the lease for
tenants who violate the terms of the lease and/or the crime-free/drug-free
lease provisions. Nothing in this Section restricts rental dwelling licensees
from entering into leases with applicants possessing a criminal history,
except as noted in Section 105-96(f)(3)(e).
(c) Definitions. The following words, terms and phrases, when used in this section,
shall have the meanings ascribed to them here, except where the context clearly
indicates a different meaning:
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(1) Criminal activity means conviction of a misdemeanor or higher for any of
the following offenses:
a. Minn. Stats. §§ 609.75 through 609.76, which prohibit gambling;
b. Minn. Stats. §§ 609.321 through 609.324, which prohibit prostitution and
related acts;
c. Minn. Stat. § 243.166 relating to violation of the state’s predatory offender
registration requirement, provided that a individual has not committed
criminal activity simply because they are required to register and properly
do register;
d. Minn. Stat. § 340A.401, which prohibits the unlawful sale of alcoholic
beverages;
e. Minn. Stat. § 340A.503, subd. 1(2), which prohibits the underage use of
alcoholic beverages except within the household of and with the permission
of the underage individual’s parent or guardian, and provided there is no
violation of Chapter 30, Article II of the Falcon Heights City Code, the
City’s Social Hosts ordinances;
f. Minn. Stats. §§ 97B.021, 97B.045, 609.66 through 609.67 and 624.712
through 624.716, and Section 30-3 of this Code, which prohibit the
unlawful possession, transportation, sale or use of a weapon;
g. Minn. Stats. §§ 609.185, 609.19, 609.195, 609.20, and 609.205 which
prohibit murder and manslaughter, unless an individual was acting in self-
defense or in defense of others;
h. Minn. Stats. §§ 609.221, 609.222, 609.223, and 609.2231 which prohibit
assault, unless an individual was acting in self-defense or in defense of
others;
i. Minn. Stat. § 609.226 relating to great or substantial bodily harm caused by
dangerous dogs and the negligent confinement of dangerous dogs;
j. Minn. Stat. § 609.255 which prohibits false imprisonment;
k. Minn. Stat. § 609.25 which prohibits kidnapping;
l. Minn. Stats. §§ 609.342, 609.343, 609.344, 609.345, and 609.3451 which
prohibit criminal sexual conduct;
m. Minn. Stat. § 609.50 which prohibits interference with a peace officer,
firefighter, or member of an ambulance service in the performance of their
official duties;
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n. Minn. Stat. § 609.52 which prohibits theft, as long as the acts constituting
theft occur in a dwelling unit;
o. Minn. Stat. § 609.53 which prohibits receiving stolen property, but only if
the value of the property is no less than $1,000 such that the underlying
theft would qualify as a felony;
p. Minn. Stats. §§ 609.561, 609.562, 609.563, 609.5631, and 609.5632 which
prohibit arson;
q. Minn. Stat. § 609.582 which prohibits burglary, but which shall not apply
to acts that could also be considered shoplifting;
r. Minn. Stat. § 609.595 which prohibits damage to property;
s. Minn. Stat. § 609.71 which prohibits riot;
t. Minn. Stat. § 609.713 which prohibits threatening to commit a violent
crime with the intent to terrorize another or to cause the evacuation of a
building;
u. Minn. Stat. § 609.72, which prohibits disorderly conduct, when the
violation disturbs the peace and quiet of the occupants of at least one unit
on the licensed premises or other nearby premises, other than the unit
occupied by the person(s) committing the violation;
v. Minn. Stat. § 609.78 which prohibits intentional interference with “911”
phone calls;
w. Minn. Stat. § 609.903 which prohibits racketeering; and
x. Section 30-3 of the Falcon Heights City Code which prohibits the discharge
of a firearm, unless the individual was acting in self-defense or in defense
of others.
(2) It shall not be considered criminal activity for an individual to seek
emergency assistance on their own behalf or on behalf of another, including
through making an “emergency call” as defined by Minn. Stat. § 609.78.
“Emergency assistance” that is not considered criminal activity includes the
following situations:
a. Any individual who seeks emergency assistance as or on behalf of a victim
of criminal activity, including but not limited to domestic abuse as
defined in Minn. Stat. § 518B.01, subd. 2;
b. Any individual who seeks emergency assistance for their own or another’s
mental health, disability-related, or substance abuse issues; and
Commented [PA1]: This section includes some language
from VAWA’s right to report crime and emergencies, 34
U.S.C. 12495 and incorporates recommendations from HUD
and DOJ guidance.
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c. Any individual seeking emergency assistance who is not a health care
professional and acts in good faith in administering an opiate antagonist
to another person whom the person believes in good faith to be suffering
a drug overdose.
(3) Drug-related criminal activity means conviction of a misdemeanor or higher
for illegal possession, manufacture, sale, distribution, purchase, use or
possession with intent to manufacture, sell or distributed a “controlled
substance” as defined in Minnesota Statutes, Section 152.01, subdivision 4,
in violation of Minn. Stat. §§ 152.01 through 152.025, and 152.027, subd.
1-2 and Section 102 of the Controlled Substance Act, 21 U.S.C. § 802.
(d) Prospective Tenant Background Check Procedure.
(1) All licensees must provide a written copy of the following two-step criminal
background check policy in a format provided by the city, to any
prospective tenants before accepting an application or application fee.
(2) Step One: Limited criminal background screening. A licensee may conduct
a limited criminal background screening either for the applicant or for all
individuals age eighteen (18) and older who will reside in the rental
dwelling. A licensee’s choice to screen either the applicant or all individuals
age eighteen (18) and older must be applied consistently for all rental
applications. The limited background screening will consider only:
1. Criminal activity within the twelve (12) thirty-six (36) months prior
to the anticipated start-date of the lease;
2. Drug-related criminal activity within twelve (12) thirty-six (36)
months prior to the anticipated start-date of the lease;
(3) Step Two: Individual assessment. If an individual is identified as having
criminal activity or drug-related criminal activity within the last twelvethirty
six (1236) months through the limited criminal background screening, the
licensee shall provide an individual assessment of the individual’s current
situation. The purpose of this assessment is to determine whether the
individual is able to fulfill the obligations of tenancy at the property.
a. The licensee will send a written notice to each applicant for whom the
applicant or a prospective resident tenant is identified as having activity
covered by the limited criminal background screening. The notice shall
inform the applicant of the covered criminal conduct identified and invite
the applicant an opportunity to provide additional information within ten
(10) days of receipt of the written notice.
b. An applicant may respond to the notice with a description of the reasons
why the covered criminal conduct should not disqualify their application
for rental housing, such as rehabilitation efforts or responsible conduct by
Formatted: Strikethrough
Commented [KN2]: During the 12/4/24 City Council
Workshop, Council favored a 36-month lookback, as
convictions often taken more than 12 months to prosecute.
Formatted: Strikethrough
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the applicant or individual with the criminal conduct history. The applicant
may include supporting documentation such as letters from parole officers,
case workers, counselors, family members, or community organizations.
c. Based on the information received from the applicant and the limited
criminal background screening, the licensee will conduct an individual
assessment of the individual’s risk to the safety and welfare of the
property’s current residents tenants, employees, or visitors within twenty
(20) days after receipt of an applicant’s response to a notice of covered
conduct. All individual assessments must be conducted consistently across
applicants for all rental dwelling units of the licensee. The licensee shall
consider only the following factors in determining whether to approve or
reject the application:
1. The facts or circumstances surrounding the covered conduct;
2. The age of the applicant at the time of occurrence of the covered
conduct;
3. Evidence of good tenant or employment history before or after the
occurrence of the covered conduct;
4. Evidence of rehabilitation efforts;
5. The time that has elapsed since the occurrence of the conduct;
6. Any information about the applicant that indicates good conduct
since the covered conduct occurred;
7. Whether the covered conduct arose from the individual’s status as a
survivor of domestic violence, sexual assault, stalking, or dating
violence;
8. Whether the covered conduct arose from an individual’s disability,
including mental illness and substance abuse; and
9. Any other information related to whether the individual’s specific
covered conduct creates the potential that the property’s current
residents tenants, employees, or visitors will be exposed to a
heightened risk of criminal activity or drug-related criminal activity.
d. If an applicant does not provide information to the licensee within ten (10)
days of receipt of the notice of covered conduct, the licensee will assess the
applicant under the factors in Section 105-96(d)(3)(c) based on the
information available to the licensee, including information received from
credit screenings and the limited criminal background screening.
e. In no event may a licensee take action against any resident tenant that
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would constitute a violation of Minn. Stat. § 504B.225, or that would
penalize an individual who sought emergency assistance that is not
considered criminal activity under this section.
f. If a licensee decides to reject an application following an individual
assessment, then the licensee shall send to the applicant a written notice
outlining the reasons for rejecting the application on the date of the
decision to reject.
(e) Crime-free/drug-free lease provisions. All licensees desiring to use criminal
background checks during the rental housing application process or the term of
any lease shall include the following provisions in all new and renewed leases, in
addition to all other terms of the lease, using contractually and legally equivalent
language:
(1) Tenant, any members of tenant’s household or any individual under tenant’s
control shall not engage in drug-related criminal activity on the rental
premises, as defined in Falcon Heights City Code Section 105-96(c).
(2) Tenant, any members of tenant’s household or any individual under tenant’s
control shall not permit the rental premises to be used for, or to facilitate
drug-related activity.
(3) Tenant, any member of tenant’s household or any individual under tenant’s
control shall not engage in conduct which would constitute a crime of
violence, as defined in Minn. Stat. § 624.712, subd. 5, except for offenses
falling under Minn. Stat. Ch. 152, regardless of whether a charge or
conviction is obtained.
(4) Tenant, any members of tenant’s household or any individual under tenant’s
control shall not engage in criminal activity on the rental premises, as
defined in the Falcon Heights City Code Section 105-96(c).
(5) Three instances of a violation of any of the above provisions within a
continuous 1236-month period shall be a substantial and material violation
of the lease and good cause for termination of tenancy. One instance of
criminal activity or crime of violence that jeopardizes the health, safety, and
welfare of any individual lawfully on the premises, or involving imminent
or actual serious property damage on the premises, shall be a substantial and
material violation of the lease and good cause for termination of tenancy.
(6) Tenant shall have the right to contest any determination that they have
violated the above provisions by following the procedure outlined in the
Falcon Heights City Code Section 105-96(f).
(7) In no event may Landlord take action against Tenant that would constitute a
violation of Minn. Stat. § 504B.225, or that would penalize an individual
who sought emergency assistance as defined in Falcon Heights City Code
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Section 105-96(c)(2).
(8) The above provisions are in addition to all other terms of the lease and do
not limit or replace any other provisions or limit a tenant’s rights or
remedies under the terms of this lease or other applicable law. If any portion
of these provisions is found to be invalid or unenforceable by a court of
competent jurisdiction, that portion shall be severed and the remaining
provisions remain in effect.
(f) Procedure for violations of crime-free/drug-free lease provisions. The following
procedures shall govern the enforcement of crime-free/drug-free lease provisions:
(1) First violation.
a. If the licensee determines for the first time by a preponderance of the
evidence that there has been a violation of the crime-free/drug-free lease
provisions for a particular tenancy, the licensee shall make all reasonable
efforts to provide the tenant with written notice of the violation. Licensee
shall also provide a copy of this notice to the city.
b. The tenant may appeal the licensee’s determination within ten (10) days of
receipt of the notice by providing a written explanation and any evidence
demonstrating why the violation does not constitute a substantial and
material violation of the crime-free/drug-free lease provisions. Tenant shall
send their appeal to the licensee and provide a copy to the city.
c. The licensee shall evaluate a tenant’s appeal using the factors outlined in
Section 105-96(d)(3)(c). The licensee must provide the tenant and the city
with a written final determination on the appeal no later than twenty (20)
days after receipt of tenant’s appeal.
(2) Second violation.
a. If the licensee determines by a preponderance of the evidence that there has
been a second violation of the crime-free/drug-free lease provisions within
a continuous 1224-month period for a particular tenancy, the licensee shall
make all reasonable efforts to provide tenant with written notice of this
second violation. Licensee shall also provide a copy of this notice to the
city.
b. The tenant may appeal the licensee’s determination following the same
procedure as a first violation. A licensee shall evaluate a tenant’s appeal
and provide a written final determination following the same procedure as a
first violation.
c. If a second violation is not appealed or the appeal affirms the finding of a
violation, the landlord and tenant must confer within fourteen (14) days of
the final determination to develop an action plan to mitigate further
Commented [PA3]: Requiring the tenant and landlord to
jointly develop an action plan would be one option to make
the ordinance less heavy-handed and cooperative between
landlords/tenants, but it would take longer to resolve the
situation than the alternative of just requiring the landlord
to make and implement an action plan. Either way, cities
have used the action plan model to take a proactive
approach to prevent third violations that are preventable
and minimize the likelihood of evictions.
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violations. Such action plan must be submitted to the city within seven (7)
days of the meeting for approval as appropriate for mitigating further
violations and fairly balancing the interests of the tenant and landlord.
(3) Third violation.
a. If the licensee determines by a preponderance of the evidence that there has
been a third violation of the crime-free/drug-free lease provisions within a
continuous 1224-month period for a particular tenancy, the licensee shall
make all reasonable efforts to provide tenant with a written notice of this
third violation and that the landlord will proceed with terminating the
tenancy and/or evicting those individuals who are in violation if the tenant
does not appeal within ten (10) days of receipt of the notice. Licensee shall
also provide a copy of this notice to the city.
b. The tenant may appeal the licensee’s determination directly to the City
Council Appeals Body, consisting of the compliance official and two
members of City Council, by providing the compliance official and
licensee written notice of appeal within ten (10) days of receipt of the
licensee’s notice of a violation. Upon filing an appeal, a licensee may take
no action against a tenant or the individuals in violation while the appeal
remains pending, except where such stay of action would cause imminent
peril to life, health, or property.
c. The City Council Appeals Body will hear the tenant’s appeal at the next
regularly scheduled public meeting that is at least five (5) days subsequent
to receipt of the appeal. The tenant has the right to present evidence,
testimony, and arguments at such hearing. The licensee also has the right to
present evidence and arguments at such hearing, including regarding the
licensee’s compliance with any applicable action plan.
d. The City Council Appeals Body shall make a determination on the tenant’s
appeal within 20 days of the appeal hearing. The City Council Appeals
Body may reverse, modify, or affirm, in whole or in part, a finding of a
violation and direct the licensee to evict the tenant, if applicable, and/or
take any other appropriate action, including but not limited to mitigation
measures to deter future criminal activity. The City Council Appeals Body
shall consider the factors outlined in Section 105-96(d)(3)(c), whether the
individual failed to comply with any applicable action plan, and whether
the individual in violation still poses a risk to the health, safety, and welfare
of any individuals on the premises.
e. If an individual is evicted or their lease terminated under this section, a
licensee shall not enter into a new lease with the evicted individual for a
period of twelve (12) months after the eviction or lease termination at any
of licensee’s rental dwelling units in the City.
Commented [PA4]: Alternatively, the City could create a
board to review these appeals that includes the compliance
official. That would streamline the appeals process since the
compliance official should be kept updated with all notices
relating to each tenancy prior to an appeal being taken.
Additionally, it would allow for landlords and tenants to
resolve their disputes in a setting that isn’t publicly in front
of the entire community along with regular council agenda
items.
Commented [KN5R4]: Council favors creating an Appeals
Board consisting of the compliance official and two
members of City Council.
Formatted: Strikethrough
Formatted: Strikethrough
Formatted: Strikethrough
Formatted: Strikethrough
Commented [PA6]: These factors are similar to those
noted in the HUD’s 2016 and 2022 guidance.
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f. Additionally, if the City Council Appeals Body finds that a licensee failed
to comply with their responsibilities under an action plan that addressed
mitigation measures for the particular prohibited activity or location where
the prohibited activity occurred, regardless of the tenant’s compliance with
such plan, the licensee is in violation of this Section and their license may
be revoked, suspended, or not renewed. Nothing in this section prevents the
City Council Appeals Body from permitting the compliance official to
establish an action plan with the licensee to remedy the violation in lieu of
revocation, suspension, or nonrenewal of the license, provided that such
remedies may be reinstated upon noncompliance with the action plan.
(4) In no event may a licensee take action against any resident tenant that would
constitute a violation of Minn. Stat. § 504B.225, or that would penalize an
individual who sought emergency assistance as defined in this section.
Licensees who have knowledge that a violation of the crime-free/drug-free
lease provisions constitutes an instance of an individual seeking emergency
assistance shall not make a determination that the violation constitutes a
substantial and material violation of the lease.
(5) Enforcement of the crime-free/drug-free provisions provided in this section
shall not be exclusive, and the City may take any action with respect to a
licensee or individual on the licensed premises as is authorized by this Code
or state or federal law.
(g) Form of Notices. The compliance official shall maintain template notices for all
notices that a licensee is required to provide under this section. All notices a
licensee is required to provide under this section shall contain substantially the
same form and language as the template notices.
(h) Record-keeping.
(1) Licensee shall retain for three (3) years after receipt of an application for
rental housing the following records: all rental applications, criminal
background screening records, communications between landlords and
applicants relating to criminal background screening, and any rental
determination made, including the basis for that determination, to the extent
allowed by state and federal law.
(2) Licensee shall retain a copy of each lease for three (3) years after the
expiration of the lease term or renewed lease term.
(3) Licensee shall retain a copy of all records related to enforcement of the
crime-free/drug-free lease provisions for three (3) years after a final
determination in the enforcement action.
(4) Licensee shall provide any of these records to the city upon request.
(a) All tenant leases, except for state licensed residential facilities and subject to all
Formatted: Strikethrough
Formatted: Strikethrough
Formatted: Font color: Red, Strikethrough
Formatted: Font color: Red
Commented [PA7]: Faribault has some template notices
we can repurpose. We may not want to include those
notices in the ordinance itself since the ordinance is rather
lengthy to begin with, but they could be added as an
appendix to the ordinance.
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preemptory state and federal laws, shall contain the following crime free/criminal
activity language:
(1) Drug-related activity.
a. Resident, any members of the resident's household or a guest or other
person affiliated with resident shall not engage in drug-related criminal
activity, on or near the premises.
b. Resident, any member of the resident's household or a guest or other person
affiliated with resident shall not engage in any act intended to facilitate drug-
related criminal activity on or near the premises.
c. Resident or members of the household will not permit the dwelling unit to
be used for, or to facilitate drug-related criminal activity, regardless of
whether the individual engaging in such activity is a member of the
household, or a guest.
d. Resident, any member of the resident's household or a guest, or other
person affiliated with the resident shall not engage in the unlawful
manufacturing, selling, using, storing, keeping, or giving of a controlled
substance at any locations, whether on or near the premises or otherwise.
e. Violation of the above provisions shall be a material and irreparable
violation of the lease and good cause for immediate termination of
tenancy.
(2) Criminal activity.
a. Resident, members of the resident's household, guests, or other persons
under the resident's control shall not engage in criminal activity, engage in
any act intended to facilitate criminal activity, or permit the dwelling unit to
be used for or facilitate criminal activity on or near the premises.
b. Three criminal activity violations involving the same tenancy within a
continuous 12-month period shall be a substantial and material violation of
the lease and good cause for termination of the tenancy.
a. Notwithstanding the above provision, criminal activity that jeopardizes the
health, safety, and welfare of the landlord, his or her agent, other residents,
neighbors or other third party, or involving imminent or actual serious
property damage, shall be a material and irreparable violation of the lease
and good cause for immediate termination of tenancy.
(3) Definitions.
a. The term "criminal activity" means the violation of the following:
1. Minn. Stats. §§ 609.75 through 609.76, which prohibit gambling;
2. Minn. Stats. §§ 609.321 through 609.324, which prohibit prostitution
and acts relating thereto;
3. Minn. Stats. § 340A.401, which prohibit the unlawful sale of
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alcoholic beverages;
4. Minn. Stats. §§ 97B.021, 97B.045, 609.66 through 609.67 and
624.712 through 624.716, and section 30-3 of this Code, which
prohibit the unlawful possession, transportation, sale or use of a
weapon;
5. Minn. Stats. §§ 609.185, 609.19, 609.195, 609.20, and 609.205 which
prohibit murder and manslaughter;
6. Minn. Stats. §§ 609.221 , 609.222, 609.223, and 609.2231 which
prohibit assault;
7. Minn. Stats. §§ 609.342, 609.343, 609.344, 609.345, and 609.3451 which
8. prohibit criminal sexual conduct;
9. Minn. Stats. §§ 609.52 which prohibit theft;
10. Minn. Stats. §§ 609.561, 609.562, 609.563, 609.5631, and 609.5632 which
prohibit arson;
11. Minn. Stats. § 609.582 which prohibit burglary;
12. Minn. Stats. § 609.595 which prohibit damage to property;
13. Chapter 22, article III of this Code, which prohibits nuisances;
14. Minn. Stats. § 609.72, which prohibit disorderly conduct, when the
violation disturbs the peace and quiet of the occupants of at least one
unit on the licensed premises or other premises, other than the unit
occupied by the person(s) committing the violation; and
15. Section 30-3 of the Falcon Heights City Code which prohibits the
discharge of a firearm.
b. The term "drug related criminal activity" means the illegal manufacture,
sale, distribution, use, or possession with intent to manufacture, sell,
distribute, or use of controlled substance or any substance represented to be
drugs in violation of Minn. Stats. §§ 152.01 through 152.025, and 152.027,
subds. 1 and 2 and Section 102 of the Controlled Substance Act, 21 U.S.C.
§ 802).
(4)(5) Non-exclusive remedies. The crime free/criminal activity provisions are in
addition to all other terms of the lease and do not limit or replace any other
provisions.
a. These lease provisions shall be incorporated into every new lease for a
tenancy beginning January 1, 2009 and all renewed leases thereafter.
b.a. Upon determination by the compliance official that a licensed premises or
unit within a licensed premises was used in violation of the drug-related
activity provision of subsection (a)(1) or criminal activity provision of
subsection (a)(2)(c), the city shall cause notice to be made to the owner and
property manager of the violation. The owner or property manager shall
notify the tenant or tenants within ten days of the notice of violation of the
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222097v5
crime free/criminal activity lease language and proceed with termination of
the tenancy of all tenants occupying the unit. The owner shall not enter into
a new lease for a unit located in the licensed property with an evicted tenant
for a period of one year after the eviction.
c. Upon determination by the compliance official that a licensed premises or
unit within a licensed premises was used for criminal activity as set forth in
subsection (a)(2) herein, the city shall cause notice to be made to the owner
and property manager of the violation and direct the owner and property
manager to take steps to prevent further criminal activity violations.
d. If a second criminal activity violation occurs within a continuous 12-month
period involving the same tenancy, the city shall cause notice to be made to
the owner and property manager of the second violation. The owner or
property manager shall respond in writing within ten days of receipt of the
notice with an action plan to prevent further criminal activity violations.
e.b. If a third criminal activity violation occurs within a continuous 12-month
period involving the same tenancy, the city shall cause notice to be made to
the owner and property manager of the third violation. The owner or
property manager shall notify the tenant or tenants within ten days of the
violation of the crime free/criminal activity lease language within the lease
and proceed with termination of the tenancy of all tenants occupying the
unit. The owner shall not enter into a new lease for a unit located in the
licensed property with an evicted tenant for a period of one year after the
eviction.
f.c. The provisions of subsections c., d., e., and f. herein do not apply if the
determination that the premises have been used in violation of the crime
free/criminal activity provisions of subsections (a)(1) and (a)(2) herein
originates from a call from or at the request of one or more of the tenants
occupying the premises for police or emergency assistance, or in the case of
domestic abuse, from a call for assistance from any source. The term
"domestic abuse" has the meaning given in Minn. Stat. § 518B.01, subd. 2.
(Ord. No. 13-06, § 1, 12-11-2013)
Sec. 105-97 - Revocation, suspension, and civil fines
(a) Violations. The following actions by property owners or license holders are
misdemeanors and are subject to civil penalties, may constitute the basis for
revocation of licenses and/or may result in injunctive action by the city. The
property owner shall be responsible for the conduct of its agents or employees while
engaged in normal business activities on the licensed premises. Any violation of this
article shall be considered an act of the property owner or license holder for
purposes of imposing a civil penalty or license revocation. If a license is revoked it
is unlawful for the owner to permit new occupancy of any vacant rental unit, or any
units that become vacant during license injunction.
(b) Basis for sanctions. The compliance official may revoke, suspend, deny or
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decline to renew any license issued under this article for part or all of a rental
dwelling/multifamily rental dwelling upon any of the following grounds:
(1) Leasing without a license. Leasing residential units without a license is
subject to license suspension or revocation;
(2) Violation of codes. Violation of the city maintenance code, building code, or fire
code;
(3) Hazardous or uninhabitable units. Leasing units that are deemed hazardous
or uninhabitable or units within a building that are deemed hazardous or
uninhabitable;
(4) Commission of a felony. Commission of a felony related to the licensed activity
by the property owner or manager;
(4)(5) Crime free housing. Violation of the crime free housing provisions of the city
code or failure to actively pursue eviction of tenants in accordance with those
provisions;
(5)(6) Consideration of suspension or revocation. At any time during a license
period, if a rental property does not meet or exceed the criteria established for
the current license, the license may be brought forth to the city council for
consideration of license suspension or revocation;
(6)(7) Updated application requirement. Failure to provide an updated
application with current information within 30 days of application renewal
request from the city;
(7)(8) False statements. False statements on any application or other information
or report required by this article to be given by the applicant or licensee;
(8)(9) Fees. Failure to pay any application, inspection, penalty, reinspection or
reinstatement fee required either by this section or city council resolution. Fee
amounts are subjected to change through the city fee schedule;
(9)(10) Correction of deficiencies. Failure to correct dwelling
deficiencies in the time specified in a compliance order;
(10)(11) Inspection. Failure to schedule an inspection within 90 days
of application filed and/or allow an authorized inspection of a rental
dwelling/multifamily rental dwelling;
(11)(12) Violation of statute. Violation of an owner's duties under
Minn. Stats. §§ 299C.66 to 299C.71 ("Kari Koskinen Manager Background
Check Act");
(13) Delinquent taxes or fines. Real estate or personal property taxes or municipal
utilities have become delinquent or have unpaid fines.
(12)(14) Violation of other applicable law. Violation of the Fair Housing Act,
Violence Against Women Act, American with Disabilities Act, and any other
applicable federal, state, or local law.
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23
REQUEST FOR COUNCIL ACTION (RCA)
City of Falcon Heights, Minnesota __________________________
Item Minnesota Cities Gun Violence Prevention Discussion
Description
The City Council discussed a Gun Violence Prevention Ordinance at the October 22nd
special workshop, and wanted to continue discussion. Staff have continued to review
materials and the progress of other cities discussing the topics. Other city actions
include:
Saint Paul
• October 22, 2025: The City Council introduced a proposed ordinance aiming
to:
• Ban public possession of assault-style weapons and high-capacity
magazines.
• Prohibit untraceable "ghost guns" by mandating serial numbers on all
firearms.
• Restrict firearms in sensitive public spaces like parks, libraries, and city
buildings.
• Require clear signage in public facilities to inform residents of these
restrictions.
• Define enforcement authority and penalties, contingent upon changes
to state preemption laws.
A second reading and public hearing is scheduled for November 5, 2025, with third
reading and passage scheduled November 12th. (stpaul.gov)
Edina
• October 22, 2025: The City Council directed staff to draft local measures aimed
at reducing gun violence and passed a resolution calling on the Minnesota
Legislature to lift state preemption laws that limit local firearm regulation.
(edinamn.com)
Budget
Impact
N/A
Attachment(s) • St. Paul Ordinance 25-65
Meeting Date November 5, 2025
Agenda Item Policy C2
Attachment(s) St. Paul Ordinance
Submitted By Jack Linehan, City Administrator
24
Action(s)
Requested The City Council is requested to discuss and provide guidance to Staff.
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REQUEST FOR CITY COUNCIL ACTION
City of Falcon Heights, Minnesota __________________________
Item Budget Workshop #4: 2026 Capital Plan
Description
Staff will present the proposed capital plan.
1. 2026 Capital Plan
The following are the highlights of the 2026 Capital Plan:
• Community Park Finalization - $1,400,000
o Funds included in the budget for the remaining construction of the park
($1M spent in 2025).
• Machinery & Equipment - $265,000 to $790,000
o Street Sweeper Replacement
Option 1: 2017 Refurbished Pelican (diesel) - $185,000
Option 2: Regenerative Air Sweeper with Catch Basin Hose
(diesel) - $400,000
Option 3: Hybrid Electric Pelican (hybrid) - $700,000
o F-250 Replacement - $80,000
F-150 Ford Lightning (electric)
Upfitting / equipment
• Les Bolstad Consultant - $60,000
• City Council Chambers Upgrades - $15,000
o Improving technology around screens, wireless connections, council
display monitors
• Paper-free Agenda Packets - $5,000
o Tablets for City Council and group tablets for commissions to reduce
printing
• Propriety AI Solution $10,000 (annually)
o City staff already leverage AI for analysis and efficiency, but best
practices are for cities to move off public AI platforms and move towards
an in-house solution that doesn’t take from other sources and is more
secure with data.
Budget Impact TBD
Attachment(s) N/A
Action(s)
Requested
No action required at this time.
Meeting Date November 6, 2024
Agenda Item Policy C3
Attachment Handed out at workshop
Submitted By Jack Linehan, City Administrator
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REQUEST FOR COUNCIL ACTION
Families, Fields and Fair __________________________
Item 2026 City Meeting Calendar
Description
Each December, City Staff sets the upcoming annual meeting calendar based on
our past practices for meeting dates and based around our city holiday schedule
per our personnel policy. The calendar is then published after formal approval
so that we can advertise meeting dates to the public and the media.
The attached calendar highlights the suggested 2026 meeting dates for City
Council, commissions, and our city holiday schedule. The council and the
commissions still reserve the right to add special meetings or cancel meetings
based on the requirements outlined in the Minnesota Open Meetings Act.
Before Council is asked to approve the 2026 calendar in December, they should
first discuss how to handle the following:
• Proactively rescheduling meetings that would otherwise be cancelled due
to them occurring on an observed holiday.
o January 19 is a holiday and when CEC would typically meet.
o February 16 is a holiday and when CEC would typically meet.
o September 7 is a holiday and when Parks and Rec would typically
meet.
o November 11 is a holiday and when City Council would typically
meet.
o November 25 is not a holiday, but a City Council meeting is
scheduled the night before Thanksgiving, which is a recognized
holiday.
o December 23 is not a holiday, but a City Council meeting is
scheduled the night(s) before December 24 and December 25, which
are recognized holidays.
• Determining work schedules for city holidays occurring on Fridays during
summer hours
Two recognized city holidays will occur on Fridays in 2026 during the time period
in which City Hall typically operates under summer hours. The holidays
Meeting Date November 5, 2025
Agenda Item Policy C4
Attachment N/A
Submitted By Jack Linehan, City Administrator
42
provided in our personnel policy are reflected as a benefit that employees receive
and traditionally assume 8.0 hours of holiday provided.
In 2026, July 4th falls on a Saturday during summer hours. If a holiday falls on a
Saturday, the 8.0 hours are recognized on Friday. In this scenario, staff would
only work 4 hours on Friday, July 3, from 8:00 AM to noon, and staff would lose
out on 4.0 awarded hours.
Friday, June 19 is also a recognized city holiday (Juneteenth) that will occur
during summer hours when staff will only work 4 hours from 8:00 AM to noon
and lose out on 4.0 awarded hours.
When this occurred this year on July 4th, which occurred on a Friday during
summer hours, Council approved Staff working until 1:00 PM the day prior so
that it made up the difference in four hours of vacation time.
Council should discuss if Staff would then work until 1:00 PM on July 2 (4 hours
of vacation) and have Friday, July 3 off (4 hours of vacation) to compensate them
for the holiday, July 4, occurring on a Saturday and being observed on Friday per
the personnel policy.
And, if Staff would work until 1:00 PM on June 18 (4 hours of vacation) and then
have Friday, June 19 off (4 hours of vacation) to make up 8.0 total hours of
vacation time.
Upon approval in December, staff will add all of the dates to the calendar on the
city website and post the dates as our official meetings.
Budget Impact N/A
Attachment(s) 2026 Calendar
Action(s)
Requested
Staff recommends Council discuss the 2026 calendar to propose changes prior to
approval of the calendar at an upcoming City Council meeting.
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S M T W T F S S M T W T F S1231234
4 5 6 7 8 9 10 5 6 7 8 9 10 11
11 12 13 14 15 16 17 12 13 14 15 16 17 18
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S M T W T F S S M T W T F S
1 2 3 4 5 6 7 1
8 9 10 11 12 13 14 2 3 4 5 6 7 8
15 16 17 18 19 20 21 9 10 11 12 13 14 152223242526272816171819202122
23 24 25 26 27 28 293031
S M T W T F S S M T W T F S
1 2 3 4 5 6 7 1 2 3 4 5
8 9 10 11 12 13 14 6 7 8 9 10 11 12
15 16 17 18 19 20 21 13 14 15 16 17 18 19
22 23 24 25 26 27 28 20 21 22 23 24 25 2629303127282930
S M T W T F S S M T W T F S
1 2 3 4 1 2 356789101145678910
12 13 14 15 16 17 18 11 12 13 14 15 16 17
19 20 21 22 23 24 25 18 19 20 21 22 23 24
26 27 28 29 30 25 26 27 28 29 30 31
S M T W T F S S M T W T F S
1 2 1 2 3 4 5 6 73456789891011121314
10 11 12 13 14 15 16 15 16 17 18 19 20 21
17 18 19 20 21 22 23 22 23 24 25 26 27 28
24 25 26 27 28 29 30 29 30
31
S M T W T F S S M T W T F S12345612345
7 8 9 10 11 12 13 6 7 8 9 10 11 12
14 15 16 17 18 19 20 13 14 15 16 17 18 19
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2026 CALENDAR
JULY
AUGUST
SEPTEMBER
OCTOBER
JANUARY
FEBRUARY
MARCH
APRIL
NOVEMBER
Planning Commission - 7:00 PM
DECEMBER
CE Commission - 6:30 PM
JUNE
City Holidays
Environment Commission - 6:30 PM Parks Commission - 6:30 PM
MAY
City Council Meetings - 7:00 PM Council Workshops - 6:30 PM
44