HomeMy WebLinkAboutDecember 3, 2025 City Council Workshop Agenda PacketCITY OF FALCON HEIGHTS
City Council Workshop
City Hall
2077 West Larpenteur Avenue
AGENDA
Wednesday, December 3, 2025
6:30 P.M.
A.CALL TO ORDER:
B. ROLL CALL:GUSTAFSON____ LEEHY___
MEYER ___ MIELKE___ WASSENBERG___
STAFF PRESENT: LINEHAN___
C. POLICY ITEMS:
1.Larpenteur Senior Apartments Conduit Bond Request
2.Budget Workshop #5
a.Final Budget
b.Capital Updates
c.Special Revenue Funds
d.Enterprise Funds
e. Debt Service Funds
3.Class & Comp Study
a.Council
b.Staff
4. Statement of Support for Somali / Karen Residents
5. Renters Rights Policies – Pre-Approval
a. Chapter 105
b.Crime Free Housing
6. 2026 Calendar
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 CITY COUNCIL ACTION
City of Falcon Heights, Minnesota __________________________
Item Larpenteur Senior Apartments Conduit Bond Request
Description
Velair Development Company (Velair) is proposing to develop a 110-unit senior
(55+) affordable apartment building at 16445 Larpenteur Ave West. This is the site
just to the west of Amber Union, previously approved as the “Amber Flats PUD.”
To continue with the project, Velair is requesting assistance with securing a Bond
Inducement Resolution. Velair needs a resolution from the City of Falcon Heights to
request $25,000,000 from the State of Minnesota MMB for their Multifamily Housing
Revenue Bonds in January.
The Multifamily Housing Revenue bonds, in this case more commonly referred to as
conduit bonds, are a pass through financing source that the City can leverage to
assist developers offering affordable housing projects. There is no cost or risk to the
City, and we collect 1/4th of a percent in an issuance fee, estimated to be $62K over
the life of the bond.
All legal paperwork has been drafted by our bond counsel, Taft Stettinius &
Hollister LLP. Velair is responsible for all legal fees associated with the issuance of
these bonds.
The City Council will be asked to consider the bond inducement resolution at the
December 10th meeting. To preview the request and the proposed project, Marty
O’Connell from Velair will be at the workshop meeting to present the project and
the ask, and answer any questions from the City.
Budget Impact N/A
Attachment(s) • Larpenteur Ave Senior Apartments – Narrative
• Development Proposal Presentation
Action(s)
Requested Review the proposed development and discuss at workshop.
Meeting Date December 3, 2025
Agenda Item Policy C1
Attachment See below.
Submitted By Jack Linehan, City Administrator
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LARPENTEUR AVE SENIOR HOUSING
CITY COUNCIL WORKSHOP
December 3rd, 2025
DEVELOPMENT TEAM
Velair Development Company (“VDC”) is an affordable housing developer based in Richfield, MN. Our
mission is to provide quality housing that is aesthetically pleasing, environmentally conscious, and built
to last. Our group has developed 50+ properties encompassing 3,500+ residential units, mostly in the
Twin Cities and Rochester, MN areas. We operate and long-term own all our affordable housing
developments, which solidifies our commitment to providing a high-quality living environment for our
residents.
Velair Property Management (“VPM”) is our in-house property management group. They oversee the
day-to-day operations of our entire MN-based portfolio. VPM is deeply engrained with housing, actively
managing over 3,000 housing units. They are a critical asset in our team’s ability to deliver high quality
housing.
DEVELOPMENT PROPOSAL
VDC is proposing to develop a 110-unit senior (55+) affordable apartment building at 1644 Larpenteur
Avenue West. The building will include a mix of studio, one, and two-bedroom floorplans across four
stories of residential and one level of underground parking. Gross square footage of the building is
estimated at 123,975 square feet, including the underground parking area.
AMENITIES
Common Areas
- Underground parking
- Community room including kitchenette
- Fitness center
- Library/Craft room
- Secure package room
- WIFI
- Outdoor patio
- Bicycle storage
Units
- Washer/Dryer
- Quartz countertops
- Luxury vinyl plank flooring
- Temperature control via thermostat
- High speed internet hookups
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SITE, ACCESS, LAND USE AND ZONING
The project will be developed on a 2.58-acre parcel, just west of the existing Amber Union property, on
an underutilized parking lot. Resident and public access to the site will be provided from the existing
curb cut along Larpenteur Avenue. The existing sidewalks along Larpenteur Avenue will provide
pedestrian access to nearby transit, commercial, and park space.
The site is currently guided Mixed Use Residential TOD. A PUD was approved in January 2024 for a 96-
unit apartment building called Amber Flats. A new PUD will need to be approved to accommodate our
proposal, which includes changes to the site plan, unit mix, and façades. We believe this property is a
great fit for senior-oriented housing, in part from the following:
1. Lack of affordable senior product in local market.
2. Transit-served.
3. Nearby commercial.
4. Compatible with neighboring uses.
PARKING
The underlying R-5M zoning requires one (1) parking stall per unit. The Larpenteur Ave Senior building
will have one level of climate controlled underground parking containing 72 stalls and an additional 44
at-grade surface stalls for a total of 116 parking stalls (1.05 parking stalls per unit). This equates to 0.91
parking stalls per bedroom, which exceeds the parking stalls per bedroom for the existing Amber Union
building (0.51 spaces per bedroom) and is in line with the PUD approved Amber Flats proposal (0.90
stalls per bedroom).
Development Total Units Total Bedrooms Parking Count Parking / Unit Parking / Bedroom
Amber Union 125 264 135 1.08 0.51
Amber Flats PUD 96 134 121 1.26 0.90
Larpenteur Senior 110 128 *116 1.05 0.91
*Does NOT include 54 existing surface stalls on 1644 Larpenteur Ave W property that will be preserved and set-
aside for use by Amber Union.
Additionally, the property is less than a 1,000-walking distance from the A Line BRT and less than a 200
ft walking distance from Bus Route 61. Based on our group’s extensive operating experience, we are
confident that the proposed parking is adequate to meet the full parking needs of the building.
AFFORDABILITY, UNIT MIX, RESIDENT QUALIFICATIONS
The project will have rent and income restrictions that average to the 60% Area Median Income (AMI)
limit. In 2025, the 60% AMI limit for a 2-person household is $63,600. Rents are currently underwritten
at the following:
Unit Type Studio 1 Bedroom 2 Bedrooms
Number of Units 16 76 18
Rents $653 - $1,116 $1,346 - $1,495 $1,795
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The housing will be independent living. At least one member of each household must be 55+ years of
age. All other household members must be 50+ years of age. All households must income qualify, pass a
criminal background, and pass financial credit check.
SECURITY & MANAGEMENT PLAN
Velair will be a long-term owner and operator of this development. We take pride in providing a safe
and high-quality living environment for our residents, which the following actions help to accomplish:
• Access control: Entrances always locked. Access control via fob.
• Security cameras: In parking areas, entrances, common areas, stairwells, hallways, elevator cab.
• Resident screening: Income qualify, criminal background check, financial credit check.
• On-Site Personnel: Property manager. Maintenance technician. Roving regional property
manager.
• Meeting with local police department prior to first occupancy: VDC / VPM meet with police
department prior to opening. Opportunity to discuss best management practices and establish
relationship between Owner, VPM, and police.
BENEFITS OF DEVELOPMENT
Benefits provided by this development include, but are not limited to, the following:
• New Housing: Addition of 110 newly constructed housing units that will provide a high-quality
affordable housing option to seniors living in and around Falcon Heights.
• Boost Commercial Demand: Additional households will provide economic boost to nearby
commercial users.
• Increase Local Tax Base: Projected to generate approximately $75,000-$80,000 of annual
property taxes.
• Issuance Fee: Projected $50,000 to $60,000 bond issuance fee paid to City.
• Development of Key Site: The 2.58-acre site is a vastly underutilized parking lot. The proposed
development will be of high quality, is dense, and is compatible with its surrounding uses. The
proposal is the highest and best use of the subject property.
DEVELOPMENT SCHEDULE
Preliminary Development Schedule:
• December 2025: City Council Workshop, Bond Inducement Resolution
• January 2026: MMB Bond Application
• Winter/Spring 2026: Neighborhood Meeting, Land Use Entitlements
• July 2026: MMB Bond Award
• December 2026: Secure Building Permit, Close on Financing, Start Construction
• March 2027: Construction Complete, Lease-up Begins
Velair Development Company looks forward to working with the City of Falcon Heights to deliver a high-
quality housing development where people can live at an affordable price. Please reach out with any
questions or comments.
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Thank You,
Marty O’Connell
Senior Development Associate
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PARKING EASEMENT
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28
7
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1 BUILDING ENTRANCE
2 GARAGE ENTRANCE
3 COMMUNITY PATIO
5 UNDERGROUND STORMWATER RETENTION
4 DOG RUN
SITE PLAN KEY
6 SIDEWALK PROMENADE
7 RAIN GARDEN
8 BIKE RACK
kaas wilson architects
1644 Larpenteur Ave, Falcon Heights, MNSITE PLAN
2.0
1" = 60'-0"1 SD Site Plan
UNIT MIX - GROSS AREA
Name Count
Unit Gross
Area
Total Area %Main Floor
0 BR (Studio)
Unit S1 16 <varies> 8,826 ft² 15%
1 BR
Unit A1 28 663 ft² 18,557 ft² 25%
Unit A2 48 713 ft² 34,234 ft² 44%
2BR
Unit C1 14 1,192 ft² 16,688 ft² 13%
Unit C2 4 1,255 ft² 5,022 ft² 4%
Grand total 110 83,327 ft² 100%
GROSS AREA - TOTAL
Level Area
Level 4 24,724 ft²
Level 3 24,724 ft²
Level 2 24,724 ft²
Level 1 24,684 ft²
Level -1 25,119 ft²
Grand total 123,975 ft²
PARKING EASEMENT
Level Type Count
Level 1 Easement Parking 54
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PARKING
Level Type Count
Level -1 Garage Stalls 72
Level 1 Surface Stalls 44
116
Approx. FAR: 0.9
8
23,818 ft²
Area
kaas wilson architects
1644 Larpenteur Ave, Falcon Heights, MNFLOOR PLANS - LEVELS -1
3.0
1/32" = 1'-0"1 Level -1
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1,183 ft²
Commons
1,183 ft²
Commons
543 ft²
Unit S1
552 ft²
Unit S1
1,255 ft²
Unit C2
663 ft²
Unit A1
713 ft²
Unit A2
713 ft²
Unit A2
663 ft²
Unit A1
663 ft²
Unit A1
713 ft²
Unit A2
713 ft²
Unit A2
663 ft²
Unit A1
713 ft²
Unit A2
713 ft²
Unit A2
663 ft²
Unit A1
1,192 ft²
Unit C1
1,192 ft²
Unit C1
276 ft²
Stairs
552 ft²
Unit S1
713 ft²
Unit A2
713 ft²
Unit A2
663 ft²
Unit A1
713 ft²
Unit A2
713 ft²
Unit A2
663 ft²
Unit A1
713 ft²
Unit A2
713 ft²
Unit A2
551 ft²
Unit S1
267 ft²
Stairs
697 ft²
Core
kaas wilson architects
1644 Larpenteur Ave, Falcon Heights, MNFLOOR PLANS - LEVELS 1
3.1
1/32" = 1'-0"1 Level 1
10
1,192 ft²
Unit C1
1,192 ft²
Unit C1
552 ft²
Unit S1
552 ft²
Unit S1
1,255 ft²
Unit C2
663 ft²
Unit A1
713 ft²
Unit A2
713 ft²
Unit A2
663 ft²
Unit A1
663 ft²
Unit A1
713 ft²
Unit A2
713 ft²
Unit A2
663 ft²
Unit A1
713 ft²
Unit A2
713 ft²
Unit A2
663 ft²
Unit A1
1,192 ft²
Unit C1
1,192 ft²
Unit C1
276 ft²
Stairs
552 ft²
Unit S1
713 ft²
Unit A2
713 ft²
Unit A2
663 ft²
Unit A1
713 ft²
Unit A2
713 ft²
Unit A2
663 ft²
Unit A1
713 ft²
Unit A2
713 ft²
Unit A2
552 ft²
Unit S1
276 ft²
Stairs
697 ft²
Core
kaas wilson architects
1644 Larpenteur Ave, Falcon Heights, MNFLOOR PLANS - LEVEL 2-4
3.2
1/32" = 1'-0"1 Level 2 (Levels 3 & 4 Sim.)
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Development Proposal
1644 Larpenteur Ave W
Marty O’Connell
Senior Development Associate
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Velair Development Company
Founded: 1999.
Located: Richfield, MN.
Mission Statement: to provide quality housing that is
aesthetically pleasing, environmentally conscious, and built to
last.
Types of Housing Development: Workforce Affordable, Senior
Affordable, Market Rate Housing
Portfolio: Developed/Consulted on the development of 50
properties totaling over 3,500 units across Minnesota, Iowa, and
Illinois.
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Development Team
Developer/Owner: Velair Development Company
Architect: Kaas Wilson Architects
Completed 1,500+ projects
Construction Contractor: Eagle Building Company
Completed 4,800+ units across 36 properties in previous 5
years
Property Manager: Velair Property Management
Currently manages 3,000+ units across 44 properties
In-House
Share office space with Velair Development Company
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Villas at Pleasant Avenue I and II
Burnsville, MN
150 Units and 110 Units
Senior Affordable | 55+ Independent Living
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Villas at Pleasant Avenue I and II
Burnsville, MN
150 Units and 110 Units
Senior Affordable | 55+ Independent Living
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Villas at Pleasant Avenue I and II
Burnsville, MN
150 Units and 110 Units
Senior Affordable | 55+ Independent Living
17
Garland Commons
Maple Grove, MN
160 Units
Senior Affordable | 55+ Independent Living
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Garland Commons
Maple Grove, MN
160 Units
Senior Affordable | 55+ Independent Living
19
Garland Commons
Maple Grove, MN
160 Units
Senior Affordable | 55+ Independent Living
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Oxboro Heights
Bloomington, MN
125 Units
Senior Affordable | 55+ Independent Living
21
Oxboro Heights
Bloomington, MN
125 Units
Senior Affordable | 55+ Independent Living
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Oxboro Heights
Bloomington, MN
125 Units
Senior Affordable | 55+ Independent Living
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Development Proposal
1644 Larpentuer Avenue West
110-unit age-restricted (55+ years) affordable apartments
Studio, 1BR, and 2BR units
4 stories residential + 1 level of underground enclosed parking
116 off-street parking stalls
Amenities: outdoor patio, community room, library/craft room,
fitness center, package room, WIFI
In-unit features: quartz countertops, washer/dryer, adjustable
thermostat, LVP flooring
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27
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29
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Parking
Total Off-Street Parking Spaces = 116 stalls.
72 surface stalls
44 garage stalls
Parking Easement
Existing parking easement sets-aside 54 surface parking stalls for use by Amber Union. These stalls are NOT included in the 116-stall count.
Parking Ratio = 1.05 stalls per unit.
Velair Proposal = 0.91 stalls per bedroom
Amber Union = 0.51 stalls per bedroom
Amber Flats PUD = 0.90 stalls per bedroom
Transit
Less than 1,000 ft walking distance from A Line BRT
Less than 200 ft walking distance from Bus Route 61
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Housing
Rent and Income restrictions will average to the 60% Area
Median Income (AMI) limit.
2025 60% AMI limit for 2-person household = $63,600
Underwritten Rents =
Studio = $653-$1,116/month
1BR = $1,346-$1,495/month
2BR = $1,795/month
At least one member of each household must be 55+ years.
All other household members must be 50+ years.
Independent Living.
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Qualifications
Age Requirements
At least one member of each household must be 55+ years. All
other household members must be 50+ years.
Income Qualify
All households must meet income requirements.
Criminal Background Check
All households must pass criminal background check.
Financial Credit Check
All households must pass financial credit check.
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Security & Management Plan
Long-Term Owner & Operator
Access Control
Entrances always locked. Access control via fob.
Security Cameras
Typically, between 30 to 40 cameras. In parking areas, entrances, common areas, stairwells, hallways, elevator cab.
On-Site Personnel
Property manager. Maintenance technician. Roving regional property manager.
Police Meeting
VDC / VPM meet with police department prior to opening. Opportunity to discuss best management practices and establish relationship between Owner, VPM, and police.
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Key Benefits to City
Provides New Housing
110 units of new senior housing at affordable level.
Benefits Commercial Uses
New households will increase commercial demand.
Increase Property Tax Base
Projected $75,000 to $80,000 in annual property taxes.
Issuance Fee
Projected Fee between $50,000 to $60,000.
Highest & Best Use of Key Development Site
High quality, dense development, that is compatible with surrounding
uses.
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Development Schedule
• December 2025: City Council Workshop, Bond Inducement Resolution
• January 2026: MMB Bond Application
• Winter/Spring 2026: Neighborhood Meeting, Land Use Entitlements
• July 2026: MMB Bond Award
• December 2026: Secure Building Permit, Close on Financing, Start Construction
• March 2027: Construction Complete, Lease-up Begins
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Questions / Discussion
Contact:
Velair Development Company
Marty O’Connell
612-243-4623
MartyOConnell@Velairdc.com
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REQUEST FOR CITY COUNCIL ACTION
City of Falcon Heights, Minnesota __________________________
Item Budget Workshop #5: Final General Fund Budget, Capital Updates, Special Revenue
Funds, Enterprise Funds, and Debt Service Funds Budgets.
Description
The purpose of this workshop will be to present the final 2026 general fund budget,
capital funds updates, and to present the proposed special revenue, enterprise, and
debt service funds budgets to the city council to allow for additional direction before
the final levy approval and complete budget approval on December 10th.
Final General Fund Budget and Levy
1. Presenting a final levy of $2,882,408, which includes a general levy of
$2,712,781 and a debt levy of $169,627. This remains consistent with the
preliminary levy submitted to Ramsey County, which is an increase of
$107,649 or 3.88% from 2025. There were some minor updates to the general
fund budget to account for MN Paid Leave premiums and deductions,
reduced expenditures for financial consulting ($100K -> $73K), and the
proposed updated class & compensation plan numbers.
Capital Funds Updates
1. Added $40,000 to add a digital sign to our existing monument sign at City
Hall. This was based on a quote received since the last budget workshop.
2. Adding $225K for a street sweeper, as PW has elected to go with the
refurbished model (increasing budget request to allow flexibility in getting
the best option).
Special Revenue Funds
1. Includes: Park Programs, Charitable Gambling, Community Garden, Water,
Recycling, Community/Economic Development, Street Lighting, Community
Inclusion, and Parking Management funds.
2. Most funds are staying relatively the same in 2026, with some modifications
made to the Parking Management fund to provide conservative revenue
estimates.
3. The Community/Economic Development fund includes consultant fees for
Les Bolstad.
4. The Parking Management fund has reduced expenditures in its second year
since many costs in 2025 were start-up costs.
5. Increased recycling fee of $0.50 per month or $1.50 per quarterly billing cycle,
Meeting Date December 3, 2025
Agenda Item Policy C2
Attachment Budget Handout
Submitted By Jack Linehan, City Administrator
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which is the rate increase in the Tennis Recycling Contract of $5.25 to $5.75
per month. This fee remains among the lowest in the metro for weekly
recycling service.
Enterprise Funds
1. Sanitary Sewer 601
a. Increased fee of $0.25 per month, or $0.75 per quarterly billing cycle
b. There are $600K in sanitary sewer relining remaining. To keep the
project cash flowed, we are recommending doing in phases of $400K in
2026 and the remainder in 2027.
2. Storm Sewer – 602
a. Increased fee of $0.25 per month, or $0.75 per quarterly billing cycle
Debt Service Funds
1. With the 2023 G.O Improvement Bond paid off in 2025, the only debt service
account with bond principal to be paid in 2026 is the 2021 G.O. Improvement
Bond. The 2025 G.O. Improvement & Tax Abatement Bond will only have
interest and bond fee expenditures, but will begin receiving debt levy
property tax and special assessment revenue.
Budget Impact To be discussed
Attachment(s) • Budget Worksheets (to be handed out at meeting)
Action(s)
Requested Review the budget and discuss at workshop to provide staff with direction on
modifications for final levy and budget approval on December 10th.
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REQUEST FOR COUNCIL ACTION (RCA)
City of Falcon Heights, Minnesota __________________________
Item Class and Compensation Plan Implementation – Councilmembers and Mayor
Description Background:
During a recent Class & Compensation study conducted by David Drown &
Associates Human Resources (DDA), the study looked at 17 comparable cities to
Falcon Heights, taking into consideration the comparable cities’ population size
and geographic proximity to gather data from. At the August 27th meeting, DDA
presented the study results and solicited feedback on how to potentially implement
the plan for full-time employees.
City Council is now asked to consider how to implement a Class & Compensation
plan for part-time employees, including councilmembers.
Study Findings:
The comparable cities’ annual averages are approximately $4,899 per year for
councilmembers and $6,153 per year for mayors. Falcon Heights Council Members
currently receive $3,600 per year ($300 per month) and the Mayor receives $5,400
($450/month). The City Council Member pay was last increased in 1993, and the
Mayor’s pay was increased in 1999.
During the October 1st workshop, Council favored increasing the councilmember
salary amount to be $4,800 annually ($400/month) and the Mayor to increase to
$6,000 annually ($500/month), bringing them closer in line with the comps. Then,
in subsequent years, councilmember and mayor salary increases would follow the
Cost-of-Living Adjustment (COLA) percentage increase adopted for all full-time
employees, or it could be tied to CPI.
Because 2025 is an election year to fill two councilmember seats, and because State
Statute 415.11 dictates the setting of salaries for City Council and requires that it
take place after the next election, Council is asked to support increasing the
Meeting Date December 3, 2025
Agenda Item Policy C3a
Attachment(s) See Below
Submitted By Jack Linehan, City Administrator &
Kelly Nelson, Administrative Service
Director
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monthly pay of councilmembers and Mayor effective January 1, 2028. Doing it two
years in advance allows the current City Council to vote on increasing the pay for a
future city council where no members currently hold a seat.
If supported, starting January 1, 2028, the councilmember salary amount would be
$4,800 annually ($400/month) and the mayor would increase to $6,000 annually
($500/month). Then, in subsequent years thereafter, the following are three
options to modify the pay:
Option 1: Salary Adjustment. Following the municipal regular election in 2027,
and following each subsequent municipal regular election, the salary of the Mayor
and Councilmembers shall be automatically adjusted effective January 1. The
adjustment shall be in a percentage equal to the change in the United States
Department of Labor Consumer Price Index (November report) for all urban
consumers U.S. city average over the 24 months preceding the municipal regular
election (e.g., November 2024 through November 2026 for wages effective January
1, 2027), not to exceed 10%. This salary shall be in place for 24 months.
Option 2: Salary review. On September 1 of even numbered years beginning
in 2028, the salaries in subsection (a) and (b) of this section must be adjusted with
an effective date of the following January 1. The salaries must equal the limit for
the prior year, increased by the percentage increase contained in the Compensation
Limit for Local Government Employees annually published by the Minnesota
Office of Management and Budget, pursuant to Minn. Stat. § 43A.17.
Option 3: Following each subsequent regular City election occurring after
January 1, 2027 the salary of the Mayor and each Council Member shall be adjusted
following the City election to become effective January 1 in a percentage equal to
the total percentage increase since the last salary adjustment provided by the City
for non-union City employees.
The cost to bring all councilmembers and mayor into the proposed pay structure
would be an increase of $5,400 in 2028.
City Council salaries are set in Falcon Heights Municipal Code Sec. 2-20. Changing
these would require an ordinance adoption. Council is asked to consider
supporting an ordinance change to make pay increases for City Council effective
January 1, 2028.
Budget
Impact
The 2028 budget impact would be $5,400 for 2028 if implemented January 1, 2028.
Attachment(s) •DDA ‘s Council Salary Findings
•Draft Ordinance 25-07
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Action(s)
Requested Staff recommends that City Council discuss the findings for city council and direct
staff on how to proceed.
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2025 City Council and Mayor Salaries (Annual)
City Council Mayor
Arden Hills $7,452 $8,250
Centerville
Circle Pines $5,000 $6,000
Columbus $3,500 $4,500
Deephaven $4,800 $7,200
Elko New Market $4,800 $6,000
Isanti
Lauderdale $3,000 $4,500
Medina $3,000 $4,250
Newport $4,800 $6,000
Oak Grove $5,540 $6,290
Oak Park Heights $6,800 $7,800
Roseville $7,020 $9,300
Saint Anthony Village
Saint Paul
Scandia $3,969 $4,895
Wyoming $4,000 $5,000
Average $4,899 $6,153
Falcon Heights $3,600 $5,400
Percent of Market 73%88%
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DRAFT ORDINANCE NO. 25-07
CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 2 OF THE FALCON HEIGHTS CITY CODE TO ESTABLISH COMPENSATION FOR CITY COUNCILMEMBERS AND MAYOR
THE CITY COUNCIL OF FALCON HEIGHTS ORDAINS: SECTION I. Section 2-20 of the City Code of Falcon Heights, Minnesota is hereby amended to read as
follows (additions are underlined and deletions are shown with strikethrough):
Sec. 2-20. – Salaries.
(a) Salary of mayor. The salary of the mayor shall be $450.00 per month. Then, effective
January 1, 2028, the salary of the mayor shall be $500 per month.
(b) Salaries of city councilmembers. The salary of each city councilmember shall be $300 per month. Then, effective January 1, 2028, the salary of each city councilmember shall be $400.00 per month.
SECTION II. Effective date. This ordinance is effective immediately upon its passage and publication.
ADOPTED this 10th day of December 2025, by the City Council of Falcon Heights, Minnesota. CITY OF FALCON HEIGHTS
BY: _______________________________ Randall C. Gustafson, Mayor
ATTEST:
_______________________________ Jack Linehan, City Administrator
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REQUEST FOR COUNCIL ACTION (RCA)
City of Falcon Heights, Minnesota __________________________
Item Class and Compensation Plan Implementation – Full-time Staff
Description
At the August 27th Regular City Council meeting, the City’s consultant for a class &
compensation study reviewed the results of our analysis to 17 comparable cities
and found that generally wages were in line with the market, but some
adjustments needed to be made to certain positions to improve internal equity.
At the September workshop, City Council recommended the staff work to provide
a plan that would include:
1. Employees who met “satisfactory” or better performance reviews could be
moved to their next step within range.
2. All step adjustments would be done annual with a cost-of-living-adjustment
(COLA).
3. All employees would be brought in to the plan structure, so some
employees who were under the range would be brought up higher.
4. All employees were moved to the next closest step to their current rate of
pay.
5. The plan would be instituted in a way that worked with the finances of the
city.
When the study was conducted, the City had 10 full-time employees in 9 positions.
For 2026, the City has reduced to 9 FTEs with the removal of one FTE in the finance
department. Because of this reduction, the proposed 2026 payroll for the city is less
than it was for 2025 by nearly 10%.
To bring the 9 FTEs up to the pay plan will cost approximately $38,643, or an
increase of 4.44%. This is including the 3% COLA, so the net increase of
implementing the pay plan is 1.44%.
Meeting Date December 3, 2025
Agenda Item C3b
Attachment(s) Presentation
Submitted By Jack Linehan, City Administrator &
Kelly Nelson, Administrative Service
Director
48
It is recommended that the city put the employees in to the following as the year 1
step 1 costs:
Position Grade Step Annual Diff.
from Current
Percent Diff.
Admin &
Comms Coor.
2 1 $4,766.63
7.72%*
Senior Maint.
Worker
2 2 $2,489.68
3.74%
Senior Maint.
Worker
2 2 $2,489.68
3.74%
Lead Main.
Worker
3 7 $2,815.14 3.38%
Assistant
Finance
Director**
6 3 $4,253.47 4.75%
Admin. Servs.
Dir
6 4 $4,193.55 4.54%
Comm. Dev.
Coord.
6 4 $4,193.55 4.54%
PW Director 7 3 $6,662.09 6.58%
City Admin. 8 8 $6,779.28 4.76%
TOTAL $38,646 4.90%
*Currently below range, increase to bring in to pay plan
**Currently in an interim promotion for 10% increase above this rate
If the City Council approves the plan as presented, staff will prepare materials to
make it official with the budget adoption on Wednesday, December 10th.
Budget
Impact
The total amount different form the initial budget/levy projections was
approximately $18,000, which is spread across funds to include Enterprise funds.
Attachment(s) • 2026 Pay Plan
Action(s)
Requested
Staff recommends that City Council confirm the salary structure and to provide
final input before a proposal is brought on December 10th to consider adoption of
the pay plan.
49
City of Falcon Heights % of Bench Avg >
NEW Pay Plan Calibrated for 2026 Wages NEW 105% 107%
Point Point 4.0% 3.5% 3.0% 3.0% 3.0% 2.75% 2.75% 2.5% 2.0%
Grade
# points
per step Minimum Maximum 1 2345678910
1 0 185 $29.87 $31.06 $32.15 $33.12 $34.11 $35.13 $36.10 $37.09 $38.02 $38.78
240186 226 107.000%$31.96 $33.24 $34.40 $35.43 $36.50 $37.59 $38.63 $39.69 $40.68 $41.49
3 40 227 256 107.000%$34.20 $35.57 $36.81 $37.92 $39.05 $40.22 $41.33 $42.47 $43.53 $44.40
4 30 257 286 107.000%$36.59 $38.06 $39.39 $40.57 $41.79 $43.04 $44.22 $45.44 $46.58 $47.51
5 30 287 371 107.000%$39.15 $40.72 $42.14 $43.41 $44.71 $46.05 $47.32 $48.62 $49.84 $50.83
6 85 372 471 107.000%$41.89 $43.57 $45.09 $46.45 $47.84 $49.28 $50.63 $52.02 $53.32 $54.39
7 100 472 611 115.000%$48.18 $50.11 $51.86 $53.41 $55.02 $56.67 $58.23 $59.83 $61.32 $62.55
8 140 612 651 120.000%$57.81 $60.13 $62.23 $64.10 $66.02 $68.00 $69.87 $71.79 $73.59 $75.06
Evaluation Points Steps
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BLANK PAGE
51
REQUEST FOR COUNCIL ACTION (RCA)
City of Falcon Heights, Minnesota __________________________
Item Statement of Support for our Somali/Karen Community & Denouncement of
Recent Statements
Description Councilmember Mielke has requested that the City Council discuss a
resolution of support.
This request comes after President Trump announced via social media on
November 21st that “effective immediately” he would end the protected legal
status for Somalia, which has been in place since 1991 and renewed in the years
following. The federal program allows temporary relief from removal and the
ability to obtain work authorization due to certain countries’ civil unrest,
violence or national disaster status. It is estimated by the Immigrant Law
Center of Minnesota that around 430 of the roughly 80,000 Somali residents in
Minnesota are provided this protection.
The City of Falcon Heights is committed to cultivating a caring community and
we value the diversity of our population and value everyone that calls Falcon
Heights “home”. The City has taken stances on social inequities or
discriminatory actions in the past.
Budget Impact N/A
Attachment(s) None
Action(s)
Requested
Staff recommends that the Falcon Heights City Council provide direction
on whether to bring forward a resolution of support and/or
denouncement.
Meeting Date December 3, 2025
Agenda Item Policy C4
Attachment N/A
Submitted By Jack Linehan, City Administrator
52
BLANK PAGE
53
ITEM FOR DISCUSSION
City of Falcon Heights, Minnesota __________________________
Item Renters Rights Policies Pre-Approval – Chapter 105 and 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 Crime free / Criminal
activity lease requirements 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 the 2026 rental licensing period.
Staff reviewed the City’s current practices regarding rental properties and
Council once again workshopped and discussed these items during the
October 1, 2025 workshop meeting to help direct and finalize the draft.
Taking Council’s feedback, Staff then made slight revisions to Chapter 105 and
then both mailed and emailed a draft of the proposed changes to all property
owners with their license renewal materials, including a summary of the
proposed changes to be made regarding rental properties. They were also
invited to an Open House at City Hall on November 12 to hear a presentation
of the proposed changes and to allow for questions and comments. Although
only one property manager attended the meeting, they did not have objections
to the proposed changes and felt the impact of the changes would not be great.
Council then workshopped the Crime Free Housing portion of City Code, Sec.
105-96, during the November 5, 2025 meeting.
The proposed changes made to Chapter 105 and to the Crime Free Housing
portion, Sec. 105-96 of City Code, are now attached for Council’s pre-approval
before bringing them forward for formal approval on December 10, 2025.
Meeting Date December 3, 2025
Agenda Item Policy C5
Attachment See Below
Submitted By Kelly Nelson, Administrative Services
Director/Deputy Clerk
54
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.
•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 again showed support for these proposed modifications when
finalizing the draft during the November 5, 2025 workshop.
Council is asked to review the final draft and provide comments before it is
brought for approval at an upcoming city council meeting.
Budget Impact None.
Attachment(s) •Chapter 105 Draft
•Crime Free Housing Draft
Action(s)
Requested Staff requests City Council review the final drafts so that they can be brought
forward at an upcoming Council meeting.
55
Chapter 105 - BUILDINGS AND BUILDING REGULATIONS
Article/Division/Section:
ARTICLE I IN GENERAL
105-1 Placement of addresses on principal structures
105-2 Fire code
105-3 – 105-22 Reserved
ARTICLE II STATE BUILDING CODE
105-23 Codes adopted by reference
105-24 Application, administration and enforcement
105-25 Permits and fees
105-26 Optional provisions
105-27 – 105-55 Reserved
ARTICLE III PROPERTY MAINTENANCE
105-56 General requirements
105-57 Purpose
105-58 International Property Maintenance Code adopted
105-59 Deletions
105-60 Amendments
105-61 – 105-85 Reserved
ARTICLE IV RENTAL HOUSING
105-86 Purpose
105-87 Definitions
105-88 License required
105-89 Application for license
105-90 License approval
105-91 License renewal
105-92 License fees
105-93 Furnish license
105-94 City inspections
105-95 Maintenance standards
105-96 Crime free/criminal activity lease requirements
105-97 Revocation, suspension, and civil fines
105-98 Hearing on penalties, revocation, violation, suspension and civil fines 105-99 Summary action 105-100 Applicable laws
105-101 Multiple suspensions
105-102 – 105-109 Reserved
ARTICLE V ELECTRICAL REGULATIONS
105-110 Purpose; application of this article
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105-111 Electrical inspector, qualifications and appointment 105-112 Standards for electrical equipment installation
105-113 Connections to installations
105-114 Permits and inspectors
105-115 – 105-119 Reserved
ARTICLE VI VACANT PROPERTIES
105-120 Definitions
105-121 Policy
105-122 Registration required; form
105-123 Presumptions, exceptions, and fee waivers
105-124 Recordkeeping
105-125 Fees
ARTICLE I - IN GENERAL
Sec. 105-1 - Placement of addresses on principal structures
(a) Purpose. The placement of numbers indicating correct addresses on all principal
structures and accessory dwelling units within the city is deemed to be in the interests of health, welfare and safety of its residents. Properly numbered structures will allow for identification for police and fire protection purposes.
(b) Numbered addresses. All residential structures and garages abutting alleys shall have the proper street address affixed as designated by the city. All businesses or
commercial establishments shall have the proper street addresses affixed to both the front and back of the establishment.
(c) Requirements. All letters shall be a minimum of four inches in
height. (Code 1993, § 5-3.04)
Sec. 105-2 - Fire code
The Minnesota State Fire Code, as now or hereafter amended, is hereby adopted by reference. A copy shall be available in the city offices. (Code 1993, § 2-3.02) State Law reference – State fire code, Minn. Stats. § 299F.011; adoption by reference,
Minn. Stats. § 471.62.
Secs. 105-3 – 105-22 - Reserved
ARTICLE II - STATE BUILDING CODE
Sec. 105-23 - Codes adopted by reference
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The Minnesota State Building Code, as adopted by the commissioner of administration pursuant to Minn. Stats. §§ 16B.59—16B.75, including all of the
amendments, rules and regulations established, adopted and published from time to time
by the state commissioner of administration, through the building codes and standards division is hereby adopted by reference with the exception of the optional chapters, unless specifically adopted in this Code. The Minnesota State Building Code is hereby incorporated in this Code as if fully set out herein.
(Ord. No. 03-05, § 1, 8-13-2003)
State Law reference – Adoption by reference, Minn. Stats. § 471.62.
Sec. 105-24 - Application, administration and enforcement
The application, administration, and enforcement of the Code shall be in accordance with the Minnesota State Building Code. The code enforcement agency of this
municipality is called the Falcon Heights building official. This code shall be enforced
by the state certified building official designated by this municipality to administer the code. (Ord. No. 03-05, § 2, 8-13-2003) Sec. 105-25 - Permits and fees
The issuance of permits and the collection of fees shall be as authorized in Minn.
Stats. §326B.153. Permit fees shall be assessed for work governed by this Code in accordance with the fee schedule adopted by the municipality. In addition, a surcharge fee shall be collected on all permits issued for work governed by this Code in accordance with Minn. Stats. 326B.148.
(Ord. No. 21-02, § 1, 4-28-2021)
Sec. 105-26 - Optional provisions
The following are hereby adopted:
(1) Minn. Rules chapter 1306 with subpart 2, Existing and New Buildings. All
floors, basements, and garages are included in this floor area threshold. (2) Minn, Rules chapter 1335, Floodproofing Regulations, sections 100 through sections 1406 of the 1972 edition of the “Floodproofing Regulations” from the
Office of the Chief Engineers, U.S. Army, Washington, D.C.
(3) Appendix chapter K (Grading), of the 2018 International Building Code
58
(Ord. No. 21-02, § 1, 4-28-2021)
Secs. 105-27 – 105-55 - Reserved
ARTICLE III - PROPERTY MAINTENANCE1
Sec. 105-56 - General requirements
The requirements of this article apply to all buildings, structures and property within the city. All buildings and portions of buildings, including mechanical, electrical,
plumbing and other building systems, previously constructed or installed in accordance with city and state codes must be maintained in conformance with the requirements of the codes in effect at the time of construction or installation. (Ord. No. 12-04, § 1, 5-23-2012)
Sec. 105-57 - Purpose
The purpose of this article is to protect, preserve, and promote the physical and mental health of the people, investigate and control communicable diseases, regulate privately and publicly-owned dwellings for the purpose of sanitation and public health, and protect the safety of the people and promote the general welfare by legislation which
shall be applicable to all dwellings now in existence or constructed in the future and
which (i) establishes minimum standards for basic equipment and facilities for light, ventilation and heating, for safety from fire, for the use and location, and amount of space for human occupancy, and for safe and sanitary maintenance; (ii) determines the responsibilities of owners, operators and occupants of dwellings; and (iii) provides for the
administration and enforcement of this article.
(Ord. No. 12-04, § 1, 5-23-2012)
Sec. 105-58 - International Property Maintenance Code adopted
The International Property Maintenance Code, 2012 Edition, is hereby adopted by reference and incorporated herein, subject to the amendments set forth in this article. (Ord. No. 12-04, § 1, 5-23-2012)
Sec. 105-59 - Deletions
The following sections of the International Property Maintenance Code are deleted: 302.4, 302.8, 303, 307, 402.1, 404.4.1, 404.5, 503.4, Chapter 8 all sections. (Ord. No. 12-04, § 1, 5-23-2012) Sec. 105-60 - Amendments
59
The following sections of the International Property Maintenance Code are amended to read as follows:
Section 101.1 Title
These regulations shall be known as the Property Maintenance Code of the City of Falcon Heights hereinafter referred to as "this Code."
Section 102.3 Application of Other Codes
Repairs, additions, or alterations to a structure, or changes of occupancy, shall be
done in accordance with the procedures and provisions of the Minnesota State
Building Code and Falcon Heights City Code.
Section 102.7 Referenced Codes and Standards
The codes and standards referenced in this Code shall mean the applicable provision of the Falcon Heights City Code or Minnesota State Building Code, whichever is the
most restrictive requirement permitted under statute and considered part of the
requirements of this Code to the prescribed extent of each such reference. Where differences occur between provisions of this Code and the referenced standards, the provisions of this Code shall apply unless preempted by or in conflict with the State Building Code.
Section 103.2 Appointment
The City Administrator or the City Administrator's designated agents shall be the code official responsible for the administration and enforcement of this Code. Given limited city resources and local community standards, the City Administrator and other City Code Officials shall have discretion in responding to complaints of
violations and prioritizing compliance initiatives and enforcement actions.
Section 103.5 Fees
The fees for activities and services performed by the City in carrying out its responsibilities under this Code shall be adopted by Resolution of the City Council.
Section 106.3 Prosecution of Violation
Any person failing to comply with a notice of violation or order served in accordance
with Section 107 shall be deemed guilty of a misdemeanor and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the
unlawful occupancy of the structure in violation of the provisions of this Code or of
the order or direction made pursuant thereto. Any expenses incurred by the City in carrying out the enforcement of the provisions of this Code shall be included as a special assessment against the property.
Section 107.2 Form
60
Such notice prescribed in Section 107.1 shall be in accordance with all of the following:
1. Be in writing.
2. Include a description of the real estate sufficient for identification.
3. Include a statement of the violation or violations and why the notice is being issued.
4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this Code.
5. Inform the property owner or responsible party of the right to appeal.
6. Include a statement of the right to impose a special assessment in accordance with Section 106.3.
Section 108.1 General
When a structure or equipment is found by the code official to be unsafe, or when a
structure is found unfit for human occupancy, or is found unlawful, such structure shall be subject to the provisions of this Code.
Section 108.2 Closing of Vacant Structures
If the structure is vacant and unfit for human habitation and occupancy, and is not in
danger of structural collapse, the code official is authorized to post the premises and order the structure closed up to be boarded, locked, blocked or otherwise protected to prevent entry by unauthorized individuals so as not to be an attractive nuisance. Upon failure of the owner or responsible party to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and
secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be assessed to the real estate upon which the structure is located.
Section 108.3 Notice
Whenever the code official has determined a structure or equipment is unsafe, a
structure is unfit for human occupancy or a structure is unlawful under the provisions
of this Article, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or responsible party or the person or persons responsible for the structure or equipment in accordance with Section 107.3. If the notice pertains to equipment, it shall also be placed on the unsafe equipment.
The notice shall be in the form prescribed in Section 107.2.
Section 108.4 Posting
Upon failure of the owner or person responsible or responsible party to comply with the notice provisions within the time given, the code official shall place a posting on the premises or on the defective equipment which shall provide a statement of the
61
penalties for occupying the premises or operating the equipment.
Section 108.4.1 Posting Removal
The code official shall provide written approval and remove the posting whenever the
defect or defects upon which the enforcement action and posting were based have been eliminated. It shall be unlawful for any person to deface, obscure or remove a posting without the approval of the code official. Any person who defaces, obscures or removes a posting shall be subject to the penalties provided by this Code.
Section 108.5 Prohibited Occupancy
Any occupied structure posted by the code official shall be vacated as ordered by the code official. Any person who shall occupy posted premises or shall operate posted equipment, and any owner or any person responsible for the premises who shall let anyone occupy a posted premises or operate posted equipment shall be liable for the
penalties provided by this Code.
Section 109.6 Hearing
Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon filing a written notice of appeal
with the Clerk, be afforded an appeal/hearing as described in this Code.
Section 110.3 Failure to Comply
If the owner of a premise fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private
persons, and the cost thereof assessed to the real estate upon which the structure is
located.
Section 111.1 Application for Appeal
Any person directly aggrieved by a notice issued under this Code, may within ten days after service of the same, appeal to the Council by filing a written notice of
appeal with the Clerk. In the case of an appeal from a notice issued to vacate pending elimination of imminent dangers, the appeal shall be heard as soon as possible after the time of filing. In the case of appeals from other notices, the appeal shall be heard at such time as may be established by the Council, but the taking of an appeal from a notice other than one to vacate pending the elimination of imminent dangers shall,
during the pendency of such appeal, restrain the City and its officers from proceeding in any manner to enforce such notice.
Section 111.2 Decision of the Council
All appeals under this Code shall be heard by the Council. The Council may affirm in whole or in part or deny the existence of a violation of this Code, and if the violation
is found to exist, confirm or modify the corrective action to be taken or the order
62
requiring vacation of the premises and the time allowed for it.
Section 111.3 Correction of Violation by City; Assessment of Cost
In all cases of violation of this Code to which M.S. 145A.03 through 145A.09 are
applicable, the Sanitarian may proceed as provided in M.S. 145A.03 through 145A.09 to abate or remove the violation and to have the cost of it specially assessed against the lot or parcel where the violation was located. In suitable cases, said statutory remedies and procedure may be used either concurrently with, or separate
from, the procedures prescribed in this Code.
Section 112.4 Failure to comply
Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilt of a misdemeanor.
Section 201.3 Terms Defined in Other Codes
Where terms are not defined in this Code and are defined in the Falcon Heights City Code or the Minnesota State Building Code, such terms shall have the meanings ascribed to them as stated in those codes.
Section 304.14 Insect Screens
Except for owner-occupied residential dwellings, during the period from May 15 to October 15 every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed,
manufactured, packaged or stored shall be supplied with approved tightly fitting
screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.
Section 305.1 General
The interior of a rental structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies,
shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. The property owner is ultimately responsible for the whole property.
Section 307.1 General
Every exterior and interior flight of stairs shall have handrails on both sides of the stair.
Exception: Stairs having four or more risers and permitted by the Minnesota State
63
Building Code to be less than 44" wide may have handrails on one side. Stairs having less than four risers and permitted by the Minnesota State Building Code to
be less than 44" wide are not required to have handrails.
Every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards.
Handrails shall not be less than 34 inches (864 mm) high or more than 38 inches
(965 mm) high measured vertically above the nosing of the tread or above the
finished floor of the landing or walking surfaces. Guards shall not be less than 42 inches (1067 mm) high above the floor of the landing, balcony, porch, deck, or ramp or other walking surface.
Exceptions:
1. Guards may be not less than 36 inches (914mm) high where permitted
by the Minnesota State Building Code.
2. Guards shall not be required where exempted by the adopted building code.
Section 308.4 Multiple Occupancies
The owner of a structure containing two or more dwelling units, a multiple
occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for extermination. Whenever infestation exists in two or more dwelling units in a dwelling, extermination of the infested
areas shall be the responsibility of the owner and operator.
Section 401.3 Alternative Devices
In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the Minnesota State Building Code shall be permitted.
Section 402.3 Other Spaces
All other spaces shall be provided with natural or artificial light to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures. Minimum artificial light shall provide 10 foot candles of light over the room area at a height of 30 inches.
Section 505.1 General. Amended to read:
Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water
64
in accordance with the Minnesota State Building Code.
Section 602.2 Residential Occupancies
Dwellings shall be provided with heating facilities capable of maintaining a room
temperature of 68°F (20°C) at a distance 3 five (5) feet above floor level in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature of -15 ° F. Cooking appliances shall not be used to provide space heating to meet the requirements of this section.
Section 602.3 Heat supply
Every owner and operator or responsible party of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from September 15 to May 15 October 1 to April 30 to maintain a temperature of not less than 68°F (20°C) at a distance 3 five (5) feet above floor level above the floor,
near the center of the room, and two (2) feet inward from any exterior walls in all habitable rooms, bathrooms, and toilet rooms.
Exception: When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall
not be required provided that the heating system is operating at its full design
capacity. The winter outdoor design temperature shall be -15 ° F.
Section 602.4 Occupiable Work Spaces
Indoor occupiable work spaces shall be supplied with heat during the period from September 15 to May 15 October 1 to April 30 to maintain a temperature of not less than 65°F (18°C) at a distance 3 five (5) feet above floor level during the period the
spaces are occupied the floor, near the center of the room, and two (2) feet inward from any exterior walls.
Section 603.1 Air Conditioning Requirements
General Requirements for Landlord-Provided Equipment: Air conditioning
equipment provided by the owner or responsible party in rental housing units shall be
properly installed, connected, and maintained.
Section 603.2 Temperature Standards During Summer Months
For rental housing units where tenants do not control the central cooling system, the owner or responsible party must ensure that the air conditioning system is capable of maintaining a temperature of no more than 80 degrees Fahrenheit in at least one
habitable room within the dwelling unit. This temperature shall be measured at a
distance of five (5) feet above the floor, near the center of the room, and two (2) feet inward from any exterior walls.
65
For rental units where tenants control the cooling system, the owner or responsible party must provide an air conditioning system capable of maintaining a temperature
of no more than 80 degrees Fahrenheit under typical conditions in at least one
habitable room.
Section 603.3 Seasonal Enforcement
These standards apply from June 1 May 15 to September 30 15 each year, except when temporary shutdown is required for reasonable maintenance or repair purposes.
Maintenance should be scheduled to minimize disruption to tenants.
Section 604.2 Service
The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the currently adopted National Electrical Code. Dwelling units shall be served by a three-wire, 120/240 volt, single-phase electrical service having a rating of not less than 60
amperes.
Section 605.2 Receptacles
Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area and bathroom in a dwelling shall contain at least one receptacle. Any electrical outlet within six feet of a water source or water
outlet shall include operable ground fault circuit interrupter protection.
Every dwelling unit shall contain receptacle outlets that are in safe working condition installed in accordance of when the unit was built or remodeled in accordance with the National Electrical Code. Damaged or non-functioning receptacles shall be replaced under permit in accordance with the National Electrical
Code in effect at the time of replacement.
Section 606.1 General
Elevators, dumbwaiters and escalators shall be maintained in compliance with Minnesota Elevators and Related Devices Code. The most current certification of
inspection shall be on display at all times within the elevator or attached to the escalator
or dumbwaiter, or the certificate shall be available for public inspection in the office of the building operator. The inspection and tests shall be performed at not less than the periodical intervals listed in Minnesota Elevators and Related Devices Code, except where otherwise specified by the authority having jurisdiction.
Section 702.1 General
A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the Minnesota State Fire Code.
66
Section 702.2 Aisles
The required width of aisles in accordance with the Minnesota State Fire Code shall be unobstructed.
Section 702.3 Locked Doors
All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the Minnesota State Building Code.
Section 702.4 Emergency Escape Openings
Required emergency escape openings for Group IRC, Groups R and Group I-1 shall comply with Minnesota State Fire Code, Section 1026, Emergency Escape and Rescue. Minnesota Rules Part 7511.1030 and Minnesota Rules Part 7511.1104, subp. 18 Sections 1026 1030 and 1104.26.
Section 704.1 General
All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the Minnesota State Fire Code.
Section 704.2 Smoke Alarms
Single or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R- 3, R-4 and in dwellings not regulated in Group R occupancies, regardless of occupant load at all of the following locations:
1. on the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms.
2. in each room used for sleeping purposes.
3. In each story within a dwelling unit, including basements and cellars but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower
level provided that the lower level is less than one full story below the upper
level.
Single or multiple-station smoke alarms shall be installed in other groups in accordance with the Minnesota State Fire Code.
Single or multiple-station smoke alarms shall be installed and maintained in Groups
I-1 and Group R occupancies in accordance with 1103.8 of the Minnesota State Fire Code, Minnesota Rules Part 7511.1103, subp. 8, or as required under the Minnesota State Building Code of when it was constructed or remodeled.
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(Ord. No. 12-04, § 1, 5-23-2012)
Secs. 105-61 – 105-85 - Reserved
ARTICLE IV - RENTAL HOUSING2
Sec. 105-86 - Purpose
It is the purpose of this article to protect the public health, safety and welfare of
citizens of the city who have as their place of abode a living unit furnished to them for
the payment of a rental charge to another by adopting licensing regulations for all rental dwellings and multifamily rental dwellings in the city. (Ord. No. 13-06, § 1, 12-11-2013; Ord. No. 19-06, § 9, 9-11-2019) Sec. 105-87 - Definitions
For the purposes of this article, the terms defined in this section shall have the
meanings given them as follows:
Compliance official means the city administrator or his or her their designees.
Fire Code official means the appointed official by the city administrator as his or her their designee for the purpose of enforcing the Minnesota State Fire Code and City Codes related to rental and business license inspections. The fire code official and his or
her their designees shall be competent by virtue of certification as a fire inspector, training, or experience in fire prevention inspections and enforcement.
Fire Marshal, see Fire Code official
Owner. The person, firm, corporation or other entity listed in the records on file in the recorder's office as holding fee title to the building. For purposes of notice only, "owner"
includes the owner's authorized agent or other person in control of the premises.
Property manager or responsible party. An individual(s) with the legal authority to make and act on decisions of tenancy, building maintenance and repairs relating to applicable safety codes.
Operate means to charge a rental charge or other form of compensation for the use of
a unit in a rental dwelling/multifamily rental dwelling.
Rental dwelling means any single-family dwelling, accessory dwelling unit, duplex dwelling or triplex dwelling, which is rented for more than four consecutive months thirty (30) consecutive days in any calendar year. Rental dwelling does not include Minnesota Department of Health–licensed rest homes, convalescent care facilities, nursing homes,
hotels, motels, managed home-owner associations, cooperatives, or on-campus college housing.
Multifamily rental dwelling means any building or portion thereof, including the real property upon which it is located and which surrounds it, that contains four or more
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dwelling units that may be attached side-by-side, stacked floor-to-ceiling, and/or have a common entrance and have a common owner that are being rented out. Multifamily
rental dwelling does not include Minnesota Department of Health–licensed rest homes,
convalescent care facilities, nursing homes, hotels, motels, managed home-owner associations, cooperatives, or on-campus college housing. (Ord. No. 13-06, § 1, 12-11-2013; Ord. No. 19-06, § 10, 9-11-2019) Sec. 105-88 - License required
No person, firm, partnership, corporation or other legal entity shall operate a rental
dwelling or multifamily rental dwelling in the city without first obtaining a license. The license is issued annually and is valid until the date of expiration. Changes that result in a 25% change in ownership of a property requires a new license. The new owner(s) must submit an application for a new license within thirty calendar days of acquiring the property. Property owners that are listed on a stock exchange are exempt from section
105-88 section 105-88 the requirements to obtain a new license due to ownership change.
(Ord. No. 13-06, § 1, 12-11-2013; Ord. No. 19-06, § 11, 9-11-2019) Sec. 105-89 - Application for licenses
Applications for licenses shall be made in writing on forms provided by the city and
accompanied by the fee amounts as established by the City Council. Such application shall be submitted at least 60 days prior to the expiration date of the license, and shall specify the following:
(1) Name and address of the owner of the rental dwelling/multifamily rental dwelling.
(2) Name and address of any agent actively managing the rental
dwelling/multifamily rental dwelling. The agent must live within the Seven County Metropolitan area and must have a background check conducted by the police department.
(3) Name and address of all partners if the registrant is a partnership.
(4) Name and address of all officers of the corporation if the registrant is a corporation.
(5) Name and address of the vendee if the rental dwelling/multifamily rental dwelling is owned or being sold on a contract for deed.
(6) Legal address of the rental dwelling/multifamily rental dwelling.
(7) Number and kind of units within the rental dwelling/multifamily rental dwelling classified as dwelling units, tenement units, or rooming units or
other. (8) Name and address of on-site operating manager, if any.
(9) If property contains an accessory dwelling unit, property owner must reside on the
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property and verify their permanent residence in either the single-family residence or accessory dwelling unit on the property.
(Ord. No. 13-06, § 1, 12-11-2013; Ord. No. 19-06, § 12, 9-11-2019)
Sec. 105-90 - License approval
The compliance official may either approve or deny the license, or may delay action for up to 60 days to permit the city to complete any investigation of the application or the applicant as deemed necessary. If the compliance official approves the license, a license
shall be issued to the applicant. If the compliance official denies the application, a notice
of denial shall be sent to the applicant at the business address provided on the application along with the reasons for the denial. The notice shall also inform the applicant of their right to appeal the decision to the city council pursuant to the process set forth in this article.
(Ord. No. 13-06, § 1, 12-11-2013)
Sec. 105-91 - License renewal
Notwithstanding the application signature requirements, renewals of the license as required annually by this Code may be made by filling out the required renewal form provided by the city to the owner, operator or agent of a rental dwelling/multifamily rental
dwelling and mailing said form together with the required registration fee to the
compliance official. Failure to file the completed application with the city at least 60 days prior to the expiration of the license is a violation of this article. (Ord. No. 13-06, § 1, 12-11-2013; Ord. No. 19-06, § 13, 9-11-2019) Sec. 105-92 - License fees
The license fees shall be in the amount established by the City Council. Failure to
pay the license fee for renewal of a license is a violation of this article.
(Ord. No. 13-06, § 1, 12-11-2013; Ord. No. 19-06, § 14, 9-11-2019) Sec. 105-93 - Furnish license
Every registrant of a rental dwelling/multifamily rental dwelling shall be given a
copy of the license. The license shall contain a statement that the tenant or tenants may
contact the Office of the Minnesota attorney Attorney general General for information regarding the rights and obligations of owners and tenants under state law. The statement shall include the telephone number and address of the Office of the Minnesota attorney Attorney general General.
(Ord. No. 13-06, § 1, 12-11-2013; Ord. No. 19-06, § 15, 9-1 1-2019)
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Sec. 105-94 - City inspections
(a) Rental dwellings shall be inspected by the compliance official fire marshal in their entirety every 24 months. An application and payment is required annually on a
continuous basis. Rental dwellings that fail that receive a correction notice after their
first inspection will be subjected to additional inspections until an inspection certificate is given by the compliance official. Rental dwellings that fail multiple reinspections their first inspection will be subjected to an inspection the subsequent year.
(b) Multifamily rental dwellings shall be inspected by the compliance official fire
marshal every 24 months. An inspection will be made of the common areas of the property and the compliance official fire marshal shall have the authority to enter, at all reasonable times, any dwelling unit, with permission from any owner, operator, occupant or other person(s) in charge. An application and payment is
required annually on a continuous basis. Multifamily rental dwellings that fail their first inspection will be subjected to additional inspections until an inspection certificate is given by the compliance official. Multifamily rental dwellings that fail their first inspection will be subjected to an inspection the subsequent year.
(c) Pursuant to this section, the fire marshal compliance official shall make inspections
to determine the condition of rental dwellings/multifamily rental dwellings located within the city for the purpose of enforcing the rental licensing standards The compliance official or designated representative and may enter, examine and survey at all reasonable times all rental dwellings/multifamily rental dwellings and premises after obtaining consent from an occupant of the premises. In the event that an owner
or his or her their occupant of the premises does not consent to entry by the compliance official or designate representative fire marshal, and if there is probable cause to believe that an inspection is warranted, then application may be made to the court for an administrative or other search warrant for the purpose of inspecting the premises. If any owner or occupant fails or refuses to permit entry to a rental
dwelling under its control for an inspection pursuant to this article, the compliance official or designated representative The fire marshal may pursue any remedy at law or under the city code, including, but not limited to, securing an administrative search warrant for the rental dwelling, denying the issuance of a rental license, revoking or suspending a rental license, or denying a renewal license.
(d) The city may, upon receipt of a creditable third party complaint or a complaint by
residents with reasonable concerns, require an inspection of rental dwellings/multifamily rental dwellings. A complaint-based inspection may require individual dwelling units to be inspected. The license application fee shall cover an initial inspection of the property and up to one recheck in the event that correction
notices are issued during the initial inspection. If the compliance official fire
marshal determines code violations still exist and a second/further inspection(s) is/are needed by them, then a fee will be charged for each subsequent re-inspection occurring after the due date for compliance with an order, as published in and according to the City’s current adopted fee schedule.
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(e) The owner's rental housing license may be suspended, revoked or denied renewal for failing to maintain the licensed building in compliance with the property
maintenance code as set forth in chapter 105, article III of this Code or otherwise
failing to comply with the requirements of the City Code or applicable state or federal law. The compliance official or their designee may waive a re-inspection fee in case of error, mistake, injustice, or other good cause.
(f) Either the owner/owner’s representative/occupant must be present during the
inspection and must permit free access and entry for inspection purposes.
(g) Should an owner, their duly authorized representative, or occupant fail to keep appear for a scheduled inspection without reasonable cause or refuse to permit entry to the rental dwelling, causing the fire marshal to return at another time, a re-inspection fee may be charged.
(h) The city, after receiving a complaint, or at the discretion of the City Administrator,
upon receipt of a creditable third-party complaint or a complaint by residents with reasonable concerns, may require an inspection of rental dwellings/multifamily rental dwellings., A complaint-based inspection which may require individual dwelling units to be inspected.
(i) The owner’s A rental housing license may be suspended, revoked or denied renewal for failing to maintain the licensed building in compliance with the property maintenance code as set forth in chapter 105, article III of this Code or otherwise failing to comply with the requirements of the City Code or applicable state or federal law.
(Ord. No. 13-06, § 1, 12-11-2013; Ord. No. 19-06, § 16, 9-11-2019)
Sec. 105-95 - Maintenance standards
(a) Every rental dwelling/multifamily rental dwelling shall maintain the standards in chapter 105, article III, housing code, and chapter 22, blight, in addition to any other requirement of the ordinance of the city or special permits issued by the city, or the laws of the State of Minnesota.
(b) Any code violation noted by the city must be remedied in a timely fashion by the
property owner or responsible party and reinspected for compliance by the city.
(Ord. No. 13-06, § 1, 12-11-2013; Ord. No. 19-06, § 17, 9-11-2019) Sec. 105-96 - Crime free/criminal activity lease requirements
(a) All tenant leases, except for state licensed residential facilities and subject to all
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
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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.
c. 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 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;
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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 prohibit criminal sexual conduct;
8. Minn. Stats. §§ 609.52 which prohibit theft;
9. Minn. Stats. §§ 609.561, 609.562, 609.563, 609.5631, and 609.5632 which
prohibit arson;
10. Minn. Stats. § 609.582 which prohibit burglary;
11. Minn. Stats. § 609.595 which prohibit damage to property;
12. Chapter 22, article III of this Code, which prohibits nuisances;
13. 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
14. 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) 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. 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 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
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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. 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. 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 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;
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(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;
(5) 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) Updated application requirement. Failure to provide an updated
application with current information within 30 days of application renewal
request from the city;
(7) 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) 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) Correction of deficiencies. Failure to correct dwelling deficiencies in the time specified in a compliance order;
(10) 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) Violation of statute. Violation of an owner's duties under Minn. Stats. §§ 299C.66 to 299C.71 ("Kari Koskinen Manager Background Check Act");
(12) Delinquent taxes or fines. Real estate or personal property taxes or municipal
utilities have become delinquent or have unpaid fines.
(c) Penalties.
(1) Revocation. Any violation of this article may be grounds to revoke a license. Any civil penalty, revocation or combination thereof under this section does not preclude criminal prosecution under this article or Minnesota statutes. All fines
are cumulative and revocation periods will run consecutively.
(2) Violation. Any person that maintains a rental dwelling/multifamily rental dwelling without having a property registered or after the registration for the property has been revoked or suspended or who permits new occupancy in violation is guilty of a misdemeanor and upon conviction is subject to a fine
and imprisonment as prescribed by state law.
a. First violation: Compliance official will give notice to the licensee of the violation, request fine payment and direct the licensee to take steps to
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prevent further violations.
b. Second violation: If a second violation occurs within 60 days of a first
violation the compliance official will give notice to the licensee of the
violation, request fine payment and direct the licensee to take steps to prevent further violations.
c. Third or more violation: If another instance of violations occurs within 60 days of the calendar year compliance official will give notice to the
licensee of the violation, request fine payment and direct the licensee to
take steps to prevent further violations. If a fourth or subsequent violation occurs, suspension of the license will be pending until a hearing.
(3) Suspension. The city council may temporarily suspend a license pending a hearing on the suspension or revocation when, in its judgment, the public
health, safety, and welfare is endangered by the continuance of the licensed
activity.
(4) Civil fines. The city council may impose civil fines in addition to revocation or suspension for violations of any provision of this article as follows:
Within One Calendar Year Fine Per Unit/Common Building
First Violation $300.00
Second Violation 600.00
Third or more within a 12-month period 900.00
Renting without a license after 30 days' notice shall be subject to $1,000.00 fine per unit and also
be a misdemeanor offense
(5) Enforcement and Penalties. Violations of Section 603, the air conditioning
maintenance standards, may result in fines of up to $500 per unit per incident, or occurrence, and the owner or responsible party may be required to make necessary repairs within a specified timeframe to ensure compliance. Per
incident or occurrence means from the time the fire marshal confirms the
violation until it has been abated.
(Ord. No. 13-06, § 1, 12-11-2013; Ord. No. 19-06, § 18, 9-11-2019) Sec. 105-98 - Hearing on penalties, revocation, violation, suspension and civil fines
(a) Hearing. Following receipt of a notice of denial or nonrenewal issued by the
compliance official or a notice of a violation and penalty issued under section 105-97 of this article, an applicant or license holder may request a hearing before the city
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council. A request for a hearing shall be made by the applicant or license holder in writing and filed with the compliance official. within ten days of the mailing of the
notice of denial or alleged violation. Following receipt of a written request for
hearing, the applicant or license holder shall be afforded an opportunity for a hearing before a committee consisting of the compliance official. After the committee conducts the hearing it shall report its findings and make a recommendation to the full city council.
(b) Findings. If after the hearing the applicant or license holder is found
ineligible for a license, or in violation of this article, the council may affirm the denial, impose a civil penalty, suspend, or revoke a license or impose any combination thereof.
(c) Default. If the applicant or license holder has been provided written notice of the
denial, nonrenewal, or violation and if no request for a hearing is filed within the
ten-day period, then the denial or revocation take immediate effect by default. The compliance official shall mail notice of the denial, fine, suspension, or revocation to the applicant or license holder. The compliance official shall investigate compliance with the denial or revocation.
(d) Penalties for default. Failure to comply with all terms of this section during the
term of revocation, suspension or nonrenewal is a misdemeanor and grounds for extension of the term of revocation, suspension or continuation of nonrenewal of the license.
(e) Appeal. Following receipt of a decision by the compliance official to deny,
revoke, suspend, or not renew a license, the owner/licensee may request a hearing
before the city council. The request must be made in writing to the compliance official within ten days of the compliance official's decision.
(f) Written notice, hearing. A decision to revoke, suspend, deny, or not renew a license shall be preceded by written notice to the applicant or licensee of the alleged grounds
therefor and the applicant or licensee will be given an opportunity for a hearing
before the city council before final action to revoke, suspend, deny, or not renew a license. A hearing will be conducted before the city council at a public meeting, or the city council may retain an administrative hearing officer or other impartial third party to conduct the public hearing. The licensee shall have the right to be
represented by counsel, the right to respond to the charged violations, and the right to
present evidence through witnesses. The rules of evidence do not apply to the hearing and the city council may rely on all evidence it determines to be reasonably credible. The determination to suspend or revoke the license shall be made upon a preponderance of the evidence. It is not necessary that criminal charges be brought in
order to support a suspension or revocation of a license violation nor does the
dismissal or acquittal of such a criminal charge operate as a bar to suspension or revocation.
(g) Decision basis. The council shall give due regard to the frequency and seriousness of violations, the ease with which such violations could have been
cured or avoided and good faith efforts to comply and shall issue a decision to
deny, not renew, suspend or revoke a license only upon written findings.
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(h) Affected facility. The council may suspend or revoke a license or not renew a license for part or all of a facility.
(i) Suspension. Licenses may be suspended for up to 90 days and may, after the period
of suspension, be reinstated subject to compliance with this article and any conditions imposed by the city council at the time of suspension including, but not limited to, receivership or city obtaining control to manage the property temporarily.
(j) Written decision, compliance. A written decision to revoke, suspend, deny, or not
renew a license or application shall specify the part or parts of the facility to which
it applies. Thereafter, and until a license is reissued or reinstated, no rental units becoming vacant in such part or parts of the facility may be relet or occupied.
(k) Continuing obligations, penalty. Revocation, suspension or nonrenewal of a license shall not excuse the owner/licensee from compliance with all terms of this
article, this Code, and state laws for as long as any units in the facility are occupied.
Failure to comply with all terms of this article during the term of revocation, suspension or nonrenewal is a misdemeanor and grounds for extension of the term of such revocation or suspension or continuation of nonrenewal, or for a decision not to reinstate the license, notwithstanding any limitations on the period of
suspension, revocation or nonrenewal specified in the city council's written
decision.
(l) New licenses prohibited. A person who has a rental license revoked may not receive a rental license for another property within the city for a period of one year from the date of revocation. The person may continue to operate other currently licensed rental
properties if the properties are maintained in compliance with city codes and other
applicable regulations.
(Ord. No. 13-06, § 1, 12-11-2013) Sec. 105-99 - Summary action
(a) When the condition of the rental dwelling/multifamily rental dwelling of any license holder or their agent, representative, employee or lessee is detrimental to the public
health, safety and general welfare as to constitute a nuisance, fire hazard or other unsafe or dangerous condition and thus give rise to an emergency, the compliance official shall have the authority to summarily condemn or close off such area of the rental dwelling/multifamily rental dwelling.
(b) Any person aggrieved by a decision of the compliance official to cease business or
revoke or suspend the license or permit shall be entitled to appeal to the city council immediately, by filing a notice of appeal. The administrator shall schedule a date for hearing before the city council and notify the aggrieved person of the date.
(c) The hearing shall be conducted in the same manner as if the aggrieved person had not received summary action.
(d) The decision of the compliance official shall not be voided by the filing of such appeal. Only after the city council has held its hearing will the decision of the compliance official be affected.
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(Ord. No. 13-06, § 1, 12-11-2013; Ord. No. 19-06, § 19, 9-11-2019) Sec. 105-100 - Applicable laws
Licenses shall be subject to all of the ordinances of the city and the State of
Minnesota relating to rental dwellings/multifamily rental dwellings; and this article shall not be construed or interpreted to supersede or limit any other such applicable ordinance or law. (Ord. No. 13-06, § 1, 12-11-2013; Ord. No. 19-06, § 20, 9-11-2019)
Sec. 105-101 - Multiple suspensions
If the license of more than one dwelling unit in a licensed premises is suspended
within 12 months, the period of suspension for the second and subsequent dwelling units
licensed that are suspended may be doubled for the suspension period specified in section 105-96. (Ord. No. 13-06, § 1, 12-11-2013) Secs. 105-102 – 105-109 - Reserved
ARTICLE V - ELECTRICAL REGULATIONS3
Sec. 105-110 - Purpose; application of this article
(a) The purpose of this article is to implement the provisions of the Minnesota State Building Code and Minnesota Rules Chapter 1315 which adopts the National Electrical Code.
(b) The provisions of this article shall apply to all installations of electrical conductors, fittings, devices, fixtures hereinafter referred to as "electrical equipment", within or on public and private buildings and premises, with the following general exceptions. The provisions of this article do not apply to the installations in mines, ships, railway cars, aircraft, automotive equipment or the
installations or equipment employed by a railway, electric or communication utility in the exercise of its functions as a utility, except as otherwise provided in this article.
(c) As used in this article, "reasonably safe to persons and property" as applied to electrical installations and electrical equipment means safe to use in the service
for which the installation or equipment is intended without unnecessary hazard to life, limb or property.
(d) For purposes of interpretation of the provisions of this article, the most recently published edition of the National Electrical Code shall be prima facie evidence of the definitions and scope of words and terms used in this article.
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(Ord. No. 11-02, § 1, 7-13-2011)
Sec. 105-111 - Electrical inspector, qualifications and appointment
Creation; qualifications. There is hereby created the office of electrical inspector.
The person chosen to fill the office of electrical inspector shall be of good moral
character, shall be possessed of such executive ability as is requisite for the performance of his duties and shall have a thorough knowledge of the standard materials and methods used in the installation of electrical equipment; shall be well versed in approved methods of construction for safety to persons and property; the statutes of the state relating to
electrical work and any orders, rules and regulations issued by authority thereof; and the
National Electrical Code as approved by the American Standards Association; shall have two years' experience as an electrical inspector or five years' experience in the installation of electrical equipment, or a graduate mechanical or electrical engineer with two years of practical electrical experience.
(1) Licensed inspector. The electrical inspector shall be a licensed master or journeymen electrician as defined under Minnesota Statutes.
(2) Duties of the electrical inspector. It shall be the duty of the inspector to enforce the provisions of this article. The inspector shall, upon application, grant permits
for the installation or alteration of electrical equipment, and shall make
inspections of electrical installations, all as provided in this article. The inspector shall keep complete records of all permits issued, inspections and reinsertions made and other official work performed in accordance with the provisions of this article.
a. No financial interest. It shall be unlawful for the inspector to engage in
the sale, installation or maintenance of electrical equipment, directly or indirectly, and the inspector shall have no financial interest in any concern engaged in any such business.
b. Authority of electrical inspector. The inspector shall have the right during
reasonable hours to enter any building or premises in the discharge of his
official duties, or for the purpose of making any inspection, reinsertion or test of electrical equipment contained therein or its installation. When any electrical equipment is found by the inspector to be dangerous to persons or property because it is defective or defectively installed, the person
responsible for the electrical equipment shall be notified in writing and shall
make any changes or repairs required in the judgment of the inspector to place such equipment in safe condition. If such work is not completed within 15 days, or any longer period that may be specified by the inspector in said notice, the inspector shall have the authority to disconnect or order
discontinuance of electrical service to said electrical equipment. In cases of
emergency where necessary for safety to persons and property, or where electrical equipment may interfere with the work of any fire department, the inspector shall have the authority to disconnect or cause disconnection immediately of any electrical equipment.
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(Ord. No. 11-02, § 1, 7-13-2011; Ord. No. 21-01, § 4, 01-13-2021) Sec. 105-112 - Standards for electrical equipment installation
(a) All installations of electrical equipment shall be reasonably safe to persons and
property and in conformity with the provisions of this article and the applicable statutes of the state and all orders, rules and regulations issued by the authority thereof. All electrical equipment shall be listed and labeled by a testing agency.
(b) Conformity of installations of electrical equipment with applicable regulations set
forth in the current National Electrical Code as adopted by the Minnesota Rules shall
be prima facie evidence that such installations are reasonably safe to persons and property. Noncompliance with the provisions of this article or the National Electrical Code as adopted by the Minnesota Rules shall be prima facie evidence that the installation is not reasonably safe to persons and property.
(c) The electrical inspector may, with approval of the building official, authorize
installations of special wiring methods other than herein provided for.
(d) Buildings or structures moved from without to within and within the limits of the city shall conform to all of the requirements of this Code for new buildings or structures.
(e) Existing buildings or structures hereafter changed in use shall conform in all
respects to the requirements of this Code for the new use.
(Ord. No. 11-02, § 1, 7-13-2011) Sec. 105-113 - Connections to installations
(a) It shall be unlawful for any person to make connections from a supply of electricity to any electrical equipment for the installation of which a permit is required or
which has been disconnected or ordered to be disconnected by the electrical inspector.
(b) The public or private utility providing services shall disconnect the same upon a written order from the electrical inspector, if the inspector considers any electrical installation unsafe to life and property or installed contrary to this Code.
(Ord. No. 11-02, § 1, 7-13-2011)
Sec. 105-114 - Permits and inspectors
(a) Permit required. An electrical permit is required for each installation, alteration, addition or repair of electrical work for light, heat and power within the limits of the city. Permits for the installation of electrical work in new structures shall only be issued to
electrical contractors duly licensed by the state. Permits for the installation, alteration,
addition or repair of electrical work in existing structures shall only be issued to electrical contractors duly licensed by the state or to resident owners of property where the work is to be done.
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(b) Public service corporation exception. No permit shall be required for electrical installations of equipment owned, leased, operated or maintained by a public service
corporation which is used by said corporation in the performance of its function as a
utility, except that such electrical installation shall conform to the minimum standards of the National Electrical Safety Code.
(c) Ownership. Ownership of any transmission or distribution lines or appurtenances thereto, including, but not limited to, transformers, shall not be transferred by a public
service corporation to any person, except another franchised public service corporation dealing in electric energy for distribution and sale, without a permit first having been issued therefore by the city. Such permit shall be issued only after the facilities to be transferred have been inspected and approved as provided in this article and upon payment of an inspection fee as set forth in this section of the article.
(d) Application and plans. Application for such permit, describing the electrical work to be done, shall be made in writing, to the city by the person so registered to do such work. The application shall be accompanied by such plans, specifications and schedules as may be necessary to determine whether the electrical installation as described will be in conformity with all the legal requirements. The fees for electrical inspection as set forth
in this section shall accompany such application. If applicant has complied with all of the provisions of this section, a permit for such electrical installation shall be issued.
(e) Concealment. All electrical installations which involve the concealment of wiring or equipment shall have a "rough-in" inspection prior to concealment, wherein the inspector shall be duly notified in advance, excluding Saturday, Sunday and holidays.
(f) Inspection fees.
(1) Permits required. Before commencing any installation of any work regulated by this section, a permit therefore shall be secured from the building department and the fee for such permit paid. The fees schedule set forth in Minn. Stats. § 326B.37 is adopted by reference and incorporated herein. No such permit shall be issued to do
any of the work or make any installation regulated by this section except to persons licensed to do such work under the terms of this section. Holders of a contractor's license shall not obtain permits for electrical work unless the work is supervised by them and is performed by workers employed by them or their firm.
(2) Fees double, when. Should any person begin work of any kind, such as set forth in
this section, or for which a permit from the electrical inspector is required by ordinance, without having secured the necessary permit therefore from the inspector of buildings either previous to or during the day of the commencement of any such work, or on the next succeeding day where such work is commenced on a Saturday or on a Sunday or a holiday, he shall, when subsequently securing such permit, be
required to pay double the fees provided for such permit.
(3) Additional fees and/or shortages. Additional fees and/or fee shortages must be received by the city within 14 days of written notice. If additional fees and/or fee shortages are not received within 14 days of notice, permits for electrical installations will not be accepted by the city until such time as the additional fees
and/or fee shortages are received.
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(g) Electrical inspections.
(1) At regular intervals, the electrical inspector shall visit all premises where work may
be done under annual permits and shall inspect all electrical equipment installed
under such a permit since the day of his last previous inspection, and shall issue a certificate of approval for such work as is found to be in conformity with the provisions of this section, after the fee required has been paid.
(2) When any electrical equipment is to be hidden from view by the permanent
placement of parts of the building, the person installing the equipment shall notify
the electrical inspector and such equipment shall not be concealed until it has been inspected and approved by the electrical inspector or until 24 hours, exclusive of Saturdays, Sundays and holidays, shall have elapsed from the time of such scheduled inspection; provided, that on large installations where the concealment of
equipment proceeds continuously, the person installing the electrical equipment
shall give the electrical inspector due notice and inspections shall be made periodically during the progress of the work.
(3) If upon inspection, the installation is not found to be fully in conformity with the provisions of this section, the electrical inspector shall at once forward to the person
making the installation a written notice stating the defects which have been found to
exist. (Ord. No. 11-02, § 1, 7-13-2011) Secs. 105-115 through 105-119 - Reserved
(Ord. No. 22-01, § 2, 7-13-2022) ARTICLE VI – VACANT PROPERTIES
Sec. 105-120 - Definitions
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Compliance official has the meaning assigned in Sec. 105-87.
Vacant Properties means a property with a building or buildings constructed or
reconstructed for a business or residential purpose that is unoccupied. This definition
does not include an uninhabited accessory dwelling unit, unless both the accessory
dwelling unit and single-family residence are unoccupied.
(Ord. No. 22-01, § 1, 7-13-2022)
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Sec. 105-121 - Policy
The purpose of this subsection is to protect the public health, safety, and
welfare by establishing a program for the identification and registration of vacant Properties within the City.
(Ord. No. 22-01, § 1, 7-13-2022)
Sec. 105-122 - Registration required; form
(1) The owner of a vacant Property located within the City, or an agent of the owner, shall register the property with the compliance official. The registration shall be submitted on
forms provided by the compliance official and shall include the following information
supplied by the owner:
(a) Street address of the Vacant property;
(b) The names and addresses of the owner or owners;
(c) The contact phone number and email address of the owners and any property
managers or caretakers responsible for the upkeep or supervision of the property;
(d) The date the building became vacant, the period of time the building is expected
to remain vacant;
(e) A plan for compliance with all applicable provisions of City Code and other applicable regulations, including building maintenance, snow removal, yard maintenance, and nuisance prevention;
(f) Whether service for water, sewer, natural gas and electric utilities is active;
(g) The owner must notify the compliance official of any changes in information supplied as part of the vacant building registration within 30 days of any change;
(h) The addresses of all other properties within the City, whether vacant,
undeveloped, or occupied, that the owner owns or has an ownership interest in;
(i) If a property is vacant and the owner fails to complete the registration process, the City may administratively register the property.
(2) The current owner of a vacant property shall file a new registration with the compliance
official within 30 days of any of the following occurring:
(a) Any transfer of ownership interest in the property;
(b) Change of the contact phone number or email address of the owner or the
property manager or caretaker; or
(c) Change to the plan for compliance with applicable City Code provisions.
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(3) The owner of a vacant property shall file a new registration every
two years. (Ord. No. 22-01, § 1, 7-13-2022)
Sec. 105-123 - Presumptions, exceptions, and fee waivers.
(1) Any one of the following conditions shall constitute a rebuttable presumption that a building
is vacant. It shall be the responsibility of the owner to establish that it is not a vacant property if any of these conditions exist.
(a) Discontinuance of trash service;
(b) Disconnection from water or sewer service; or
(c) Water usage of less than an average of 50 gallons over a three-month period.
(2) Vacant Properties are not required to register or pay the registration fee if any of the
following apply:
(a) the City or any governmental entity is the owner of the vacant property;
(b) the owner possesses a valid building permit for remodeling the building
located thereon or for construction of a new building on such property;
(c) there is a valid, unexpired business license issued by the City;
(d) there is a valid, unexpired residential rental license issued pursuant to Article
IV of Chapter 105;
(e) there is a valid development agreement or redevelopment agreement with the City; or
(f) the property is actively marked as “for sale” at a reasonable price by the owner or the owner’s designee, broker, or agent. It is the obligation of the vacant
Property owner to produce evidence of active marketing at a reasonable price to
claim this exemption. A property listed on the MLS (multiple listing service) or similar listing service is presumed to be actively marketed.
(3) The following vacant Properties are required to register, but the registration fee is waived;
(a) Residential properties with one or two dwelling units where the owner
intends to resume occupancy of at least one unit as a dwelling within 180 days; provided, however, that failure to actually resume use of the vacant Property as a dwelling within 180 days will result in imposition of the waived registration fee; or
(b) The City Administrator may grant a waiver of the registration fee one time
for an owner suffering hardship and for which the registration fee is a
burden.
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(Ord. No. 22-01, § 1, 7-13-2022)
Sec. 105-124 - Recordkeeping
The compliance official shall maintain a record of all vacant buildings that have
become known to the compliance official, including those registered and those not
registered.
(Ord. No. 22-01, § 1, 7-13-2022)
Sec. 105-125 - Fees
The City Council may, by fee schedule or ordinance, adopt a fee or fees for the registration required by this article. If adopted, the fee must be limited to the reasonable costs associated with registration, enforcement, and compliance of this article.
(Ord. No. 22-01, § 1, 7-13-2022)
Footnotes:
1 Editor's note – Ord. No. 12-04, § 1 adopted May 23, 2012, amended Art. III in its entirety to read as set out herein. Former Art. III, §§ 105-56 – 105-63, pertained to housing code and derived from the Code of 1993, §§ 10-1.01, 10-1.02, 10-2.01 – 10-2.04. 10-3.01, 10-4.01; Ord. No. 97-05, § 1, adopted July 9, 1997.
2 Editor's note – Ord. No. 13-06, § 1, adopted Dec. 11, 2013, amended Art. IV in its entirety to read as set out herein. Former Art. IV, §§ 105-86 – 105-99, pertained to similar subject matter and derived from Ord. No. 08-04, § 1, adopted Oct. 22, 2008.
3 Editor's note – Ord. No. 11-02, § 1, adopted July 13, 2011, set out provisions intended for use as Art. IV, §§ 105-70 – 105-74. Inasmuch as there were already provisions so
designated, these provisions have been redesignated as Art. V, §§ 105-110 – 105-114, at
the discretion of the editor.
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Sec. 105-96 - Crime free 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 citycouncil finds that landlords are best positioned to address this activity before itescalates to warrant law enforcement intervention. The city council also finds thatputting 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 isencouraged, but not required, to conduct a criminal background check of allprospective tenants eighteen (18) years and older. If an owner, agent, orproperty 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 followingrequirements prior to conducting any criminal background checks onprospective tenants or enforcing the crime-free/drug-free lease provisionsprovided 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 anothermunicipality in the State of Minnesota, which course must include trainingon compliance with the Fair Housing Act. The rental dwelling licensee isresponsible for the cost of training. Proof of completion must be providedto the city compliance official before a license may conduct criminal
background checks. Failure to provide proof of completion of a trainingwithin two (2) years before conducting criminal background checks mayresult in revocation, suspension, nonrenewal, or nonissuance of a license;
b.Use a written lease that contains the crime-free/drug-free lease provisionsin 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 licenseesfrom 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
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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 thirty six (36) 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
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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 36-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 24-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
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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 24-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 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.
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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.
(5)
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a.
b.
c.
(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 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;
(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;
(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;
(7) Updated application requirement. Failure to provide an updated application with current information within 30 days of application renewal request from the city;
(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;
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(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;
(10) Correction of deficiencies. Failure to correct dwelling deficiencies in the time specified in a compliance order;
(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;
(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.
(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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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. CEC
will proactively reschedule the meeting for January 26.
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 December 3, 2025
Agenda Item Policy C6
Attachment N/A
Submitted By Jack Linehan, City Administrator
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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
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S M T W T F S S M T W T F S
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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
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S M T W T F S S M T W T F S
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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
2026 CALENDAR
JULY
AUGUST
SEPTEMBER
OCTOBER
JANUARY
FEBRUARY
MARCH
APRIL
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