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01/10/2023 - City Council SpecialSPECIAL CITY COUNCIL MEETING TUESDAY JANUARY 10, 2023 5:30 P.M. EAGAN ROOM – EAGAN MUNICIPAL CENTER AGENDA I.ROLL CALL AND ADOPTION OF THE AGENDA II.VISITORS TO BE HEARD III.JOINT MEETING WITH LEGISLATIVE DELEGATION IV.CONCEPT PLAN REVIEW, SONESTA SUITES V.RENTAL LICENSING UPDATE VI.OTHER BUSINESS VII.ADJOURNMENT Agenda Information Memo January 10, 2023 Special City Council Meeting III. MEETING WITH EAGAN’S LEGISLATIVE DELEGATION Action to be Considered: No formal action is needed. Eagan’s legislative delegation has been invited to talk to the Council about legislative issues of importance during the upcoming session. Facts: ➢ The City of Eagan is represented in the Minnesota State Legislature by: State Senators Jim Carlson (District 52) and Erin Maye Quade (District 56); along with State Representatives Liz Reyer (District 52A), Ruth Richardson (District 52B), and John Huot (District 56B). ➢ It is the tradition of the City Council to meet with the legislative delegation early in the year. Invitations were sent to each member of the delegation inviting them to at tend the January 10 workshop. ➢ In keeping with the approach taken over the past several years, the City does not have specific legislative priorities. Rather, representatives of the League of Minnesota Cities (LMC), Municipal Legislative Commission (MLC), and Metro Cities will be at the Council workshop to provide a brief update on the two or three primary issues each organization will be addressing in the coming legislative session on cities’ behalf. Specifically, each organization has been asked to speak to issues pertinent to Eagan. ➢ The following representatives will be attending the workshop: • League of MN Cities: Anne Finn, Intergovernmental Relations Director • Municipal Legislative Commission: Tom Poul, Attorney, Poul Haas • Metro Cities: Patricia Naumann, Executive Director • State Senator Erin Maye-Quade • State Senator Jim Carlson • State Representative John Huot • State Representative Liz Reyer • State Representative Ruth Richardson (District 52B) Tentative Attachments: ➢ League of Minnesota Cities Legislative Priorities ➢ Municipal Legislative Commission (MLC) Legislative Priorities (2022) ➢ Metro Cities Legislative Priorities 2023 LEGISLATIVE PRIORITIES Cannabinoid Regulation The League calls for a strong and comprehensive regulatory framework for cannabinoid products, including maintaining local authority to license and regulate the products and considerations for public safety, taxation, and employment. Housing The League calls for solutions that support the diverse housing needs in cities across the state and solutions that address the full housing spectrum, support local innovation, provide state incentives instead of mandates, and advance community-specific housing solutions. Local Control/Preemption The League will oppose legislation that erodes local control in cities across Minnesota. LGA/Aid to Cities The League supports updating the LGA formula to reflect new fiscal and demographic data, an immediate increase in the appropriation and annual appropriation increases to address inflationary pressures. The League also supports permanent funding for the Small Cities Assistance Account aid. Police and Fire Disability Benefits The League will advance legislation for injury prevention and treatment and will seek state funding for certain disability benefits currently funded by employers. The League will oppose efforts to expand conditions presumed to be work-related for workers’ compensation purposes. Bonding/Capital Investment The League supports a substantial bonding bill that includes appropriations for municipal water and wastewater infrastructure, local roads and bridges, funding for the local road wetland replacement fund, and flood hazard mitigation. Sales Tax Exemption on Construction Materials The League supports legislation to streamline the process required for cities to secure the sales tax exemption on construction materials. Water and Wastewater Policy and Funding The League supports technical and financial resources needed for drinking water, stormwater, and wastewater infrastructure. LMC Resource Ted Bengtson IGR Administrative Coordinator (651) 281-1242 (800) 925-1122 tbengston@lmc.org The League of Minnesota Cities promotes excellence in local government through effective advocacy, expert analysis, and trusted guidance for all 854 Minnesota cities.©2023 League of Minnesota Cities. All Rights Reserved.LEAGUE OF MINNESOTA CITIES Infrastructure Investment and Jobs Act State Match The League urges swift passage of state funds to provide necessary non-federal matching resources to ensure the state and local governments have access to all of Minnesota’s $7.3 billion share of critical IIJA funding that will help advance a broad array of state and local infrastructure goals. MinnesotaCities MinnesotaCities #LMCleg lmc.org Transportation Funding The League calls for a dedicated and sustainable state funding source for non- Municipal State Aid city streets, legislation that would allow cities to create street improvement districts, and grant funding for cities burdened by cost participation requirements. lmc.org INTERGOVERNMENTAL RELATIONS STAFF Gary Carlson Director (651) 281-1255 gcarlson@lmc.org @garyncarlson The League’s Intergovernmental Relations (IGR) staff work on legislative issues that matter to cities. Feel free to contact our IGR staff members with any questions, concerns, or suggestions regarding legislative issues.©2022 League of Minnesota Cities. All Rights Reserved.LEAGUE OF MINNESOTA CITIES MinnesotaCities MinnesotaCities #LMCleg www.lmc.org WWW.LMC.ORG •Aid to cities •Economic development •Pensions & retirement •Public finances •Taxes •Tax increment financing (TIF) •Workers’ compensation Anne Finn Assistant Director (612) 269-9975 afinn@lmc.org @annemfinn •Emergency management •Employment & human resources •Public safety •State bonding •Transportation Craig Johnson Representative (651) 281-1259 cjohnson@lmc.org @cajohnson_1 •Energy •Environment •Land use & annexation •Local/tribal relations •State bonding •Sustainable development •Wastewater, drinking water, & stormwater Staff person and issue assignment TBD. Contact Ted Bengtson with issue inquiries. •Building code •Civil liability •Data practices & Open Meeting Law •Employment law •Land use & zoning Alex Hassel Representative (651) 281-1261 ahassel@lmc.org @AlexHassel • Elections • Employment & Human Resources •Cannabis regulation •Local government aid •Local sales taxes Ted Bengtson Administrative Coordinator (651) 281-1242 tbengtson@lmc.org @tbengtsonlmc •General •Member relations Daniel Lightfoot Representative (651) 281-1295 dlightfoot@lmc.org @dflightfoot • Broadband • Cable/franchising • Federal relations & advocacy • Housing •Telecommunications, information technology, & wireless infrastructure •Local government aid •Local sales taxes SEPT2022 We’re here to help! IGR staff and the legislative issues they cover are listed here. Not sure who to contact? Assistant Director Anne Finn (information right) is happy to help direct you to the right staffer for complex or miscellaneous issues. The MLC is an association of 19 suburban communities providing a voice at the capitol to promote transparency, accountability, and equity in public policy decisions. 2022 Legislative Priorities Municipal Legislative Commission Tax Policy and Local Issues •Simplify process for sale tax exemption on construction materials •Preserve the Integrity of the Fiscal Disparities Program •Support repeal of the Local Government Salary Cap mlcmn.org Housing and Home Ownership •Support for affordable home ownership •Collaboratively address statewide housing cost drivers •Preserve existing affordable homes •Preserve local autonomy and community characteristics Infrastructure and Transportation Investments •Increase investments in corridors of commerce •Increase investments in Transportation Economic Development (TED) •Fully fund required state match for federal infrastructure legislation •Support city authority to impose infrastructure fees MLC Policy Positions City Population Jobs Apple Valley 53,429 16,268 Bloomington 89,654 91,785 Burnsville 62,657 35,073 Chanhassen 26,266 15,323 Eagan 68,347 59,530 Eden Prairie 63,456 62,893 Edina 52,535 44,581 Inver Grove Heights 35,381 10,931 Lakeville 64,334 17,276 Maple Grove 66,903 35,898 Minnetonka 53,713 49,366 Plymouth 78,351 55,488 Savage 31,407 8,551 Shakopee 41,506 26,841 Shoreview 26,480 11,117 Woodbury 70,840 24,826 MLC City Statistics •Total Population: 987,513 • Total Jobs: 530,660 •MLC cities generate approximately 22.5% of sales tax in MN • Total Legislators in MLC Delegation: 46 MLC Government Relations Team Tom Poul • tpoul@messerlikramer.com • 651-260-0696 Katy Sen • ksen@messerlikramer.com • 612-280-2249 Shiloh Huddleson •slarson@messerlikramer.com • 651-556-9205 MLC Cities - Population and Jobs (2020 Data) Data from https://stats.metc.state.mn.us/profile/Default.aspx mlcmn.org • Supports individual property tax relief through the circuit breaker program • Opposes automatic inflationary increases in LGA • Supports policies that preserve local control over development decisions so existing taxpayers are not required to subsidize growth • Supports regional capital bonding equity •Supports law enforcement arbitration reform 2023 LEGISLATIVE PRIORITIES AIDS, REVENUES AND TAXES Metro Cities supports: • Simplifying construction materials sales tax exemption. • Local Government Aid (LGA) formula updates and appropriation increase. • Removing state salary cap on local public employees. • Increasing homestead market value exclusion to qualifying homeowners. DUTY DISABILITY Metro Cities supports: • Full funding for Public Safety Officer Benefit Account. • Reimbursing cities for paid time to public safety employees seeking treatment for a work-related mental injury and funding for early intervention and mental health treatment. ECONOMIC DEVELOPMENT Metro Cities supports funding for the Minnesota Investment Fund, Job Creation Fund, Redevelopment Grant Program, and programs that develop and support the region’s workforce. ENVIRONMENT Metro Cities supports resources to address PFAS/PFOS and ongoing funding to address emerald ash borer (EAB). HOUSING Metro Cities supports: • State resources to address local housing needs, including incenting home ownership, housing preservation, and programs that support racial equity in homeownership. • Statutory clarity on local infrastructure fees to serve new residential development. • Preserving local authority over land use decisions. • Findings of a 4d study and the need for addressing effects of a 4d expansion on existing taxpayers. INFRASTRUCTURE INVESTMENT & JOBS ACT (IIJA) MATCH Metro Cities supports the appropriation of state matching funds required as a part of the federal infrastructure law and state appropriations to local governments to help cities compete for IIJA funded grant programs. LOCAL AUTHORITY Metro Cities supports: • Local decision making, including over local land uses, city budgets and public rights of way. • Laws to increase efficiencies in election administration. METROPOLITAN INFLOW-INFILTRATION MITIGATION Metro Cities supports a capital appropriation to assist metropolitan cities with local inflow-infiltration mitigation. PUBLIC SAFETY Metro Cities supports state resources to address street racing, carjackings, and catalytic converter theft and enhance coordination among law enforcement agencies in addressing these crimes. Metro Cities recognizes the importance of effective diversion programs to modify behavior and reduce recidivism. RACE EQUITY Metro Cities supports state resources to assist with data collection and information sharing to help ensure informed decision making at all levels of government and help advance racially equitable outcomes. REGIONAL GOVERNANCE Metro Cities supports: • Appointment of Metropolitan Council members by the Governor with four-year staggered terms. • Increasing opportunities for local official input into the nominating process for Metropolitan Council members and enhancing transparency in the selection process. THC LAW AND REGULATION Metro Cities supports efforts to address a state regulatory framework for the new tetrahydrocannabinol (THC) law, that includes clear licensing, inspection, enforcement, public health, and reporting requirements and maintains local authority over local licenses, restrictions, fees, and zoning. TRANSPORTATION and TRANSIT Metro Cities supports: • Resources for the Local Road and Local Bridge, Corridors of Commerce, and Local Road Wetland Replacement, and investment in Municipal State Aid Street (MSAS) system. • Funding for the Small Cities Assistance Account and a Large Cities Account. • Allowing cities to create street improvement districts. • A comprehensive regional transit system supported by state and regional sources. • Policies that allow providers to adequately address local transit service needs. Agenda Information Memo January 10, 2023 Special City Council Meeting IV. Concept Plan Review, Comprehensive Guide Plan Amendment – Eagan I LLC (Asaf Fligelman) Direction for Considered: No action is required. Request is for discussion and feedback regarding a concept plan proposal to convert the Sonesta Suites hotel to long-term rental housing. Facts:  In December 2021 City Council approved an amendment to City Code providing procedures for an informal review of a concept plan prior to a formal request of a Comprehensive Guide Plan Amendment.  The subject property is located at 3040 Eagandale Place. The 4.36-acre property is occupied by the Sonesta Suites hotel.  The applicant is seeking Council input regarding its proposal to convert 120 residence style hotel rooms from short-term stay to long-term rental apartments.  The proposal would require a Comprehensive Guide Plan Amendment from RC, Retail Commercial to HD, High-Density Residential. The property would also require an Amendment to the Planned Development zoning to accept the change in use.  Hotels are restricted to stays of no longer than 29 days, whereas High Density Residential accommodates apartment uses allowing for long-term monthly rentals, generally of 30 days or longer.  The applicant does not anticipate any major site renovations. Proposed interior renovations would include new paint, flooring, and appliances. Anticipated exterior renovations include repaving/restriping parking lot, upgrades to landscaping, clubhouse, laundry and signage.  Multiple City Code deviations appear likely if the property is converted, including lack of covered parking (garage or underground), amount of parking stalls (1.5 stalls per unit), and availability of on-site storage (150 cubic feet per unit). Attachments: (3) IV-1 Location Maps IV-2 Planning Report IV-3 Concept Plan and Narrative C.S.A.H. NO. 31 (PILOT KNOB ROAD)MARICE DR BU RNSID E AVENUEQUARRYCT.POPPLER LANEE G A N A V E N U E PROMENADE AVECOUNTY ROAD NO.43 (LEXINGTON AVE.)KENNETH ST CTHIGHVIEW AVE VILASLANEMARICECTKEEFE ST EAG A N D A LEPLACEINTERSTATE HWY. NO. 35ETOWERVIEW ROAD TOWERVIEW ROAD EAGANDALEBLVDNORTHJ U R D Y C TOSTERDR R A I N I E R LANE NORWEST DENMARKAVEC E N T R A L P A R K W A Y WESTSERVICEROADVINCE TR CENTERCOURTLANESHERMAN COURTBEAMLANEJURDY ROA D NO R T H W O O D P K W YEAGANDALE BLVDNORTHWOODCIRC.S.A.H. NO. 31 (PILOT KNOB ROAD)C.S.A.H. NO.26 (LONE OAK ROAD)CO. ROAD NO. 43 LEXINGTON AVENUE SO.DENMARK AVEEAGA N D A LE CT AVALON AVENUE HIG H -S I TE DRIVE QUARRY S J U RDY CT C.S.A.H. NO. 31 (PILOT KNOB ROAD)EGANAVENUEBURNSIDEAVENUEBEATRICE ST FAI R L A WN P L A C E SHIELDSDR.INLANDROADJURDYROADMCKEE ST C.S.A.H. NO.26 (LONE OAK RD.) WESTSERVICE ROAD DENMARK AVESKY LIN E R OAD G E M I N I R D CLUBVIEW DR EA G A N IN D U STRIAL R O A D PilotKnob Park CountryHome Park CentralPark Park HighviewPark MoonshinePark Location Map 0 1,000500 Feet ´ §¨¦35E §¨¦494 Cliff Rd Diffley Rd Yanke e Do odle Rd Lone Oak Rd Map Area Extent Project Name: Sonesta SuitesRequest: Concept Plan ReviewFile Nos.: Subject Site Interstate 35-E NorthInterstate 35-E SouthCO. RD. 26 Lo ne Oak Road CO. RD. 31 Pilot Knob RoadS h i e l d s Dri v e Club view Drive Quarry Lane Poppler LaneR ain ier Lan e Center CourtDenmark AvenueEagandale BoulevardE a g a n d ale Pla c e Jurdy Court N Towerview Road Quarry CourtJurdy RoadEgan AvenueWest Service Road Eagandale PlaceDenmark AvenueJurdy Road 0 500250 Feet ´ This map is for reference use only. This is not a survey and is not indtended to be used as one. Aerial photo-Spring 2021 Project Name: 3040 Eagandale Pl-Sonesta SuitesRequest: Concept Plan ReviewFile Nos.: CO. RD. 26 Lo ne Oak Road Interstate 35-E SouthInterstate 35-E NorthEagandale PlaceEagandale Place0 10050 Feet ´ This map is for reference use only. This is not a survey and is not indtended to be used as one. Aerial photo-Spring 2021 Project Name: 3040 Eagandale Pl-Sonesta SuitesRequest: Concept Plan ReviewFile Nos.: PLANNING REPORT CITY OF EAGAN REPORT DATE: January 3, 2023 CASE: N/A PROPOSER: Churchwick Partners / WORK SESSION DATE: January 10, 2023 CWP Eagan I, LLC PROPERTY OWNER: CWP Eagan I, LLC APPLICATION DATE: December 21, 2022 REQUEST: Informal Review of Concept Plan – PREPARED BY: Mike Schultz Comprehensive Guide Amendment LOCATION: 3040 Eagandale Place COMPREHENSIVE PLAN: RC, Retail Commercial ZONING: PD, Planned Development SUMMARY OF REQUEST The property owner, Churchwick Partners/CWP Eagan I, LLC, is requesting informal discussion with City Council regarding a proposed concept plan comprehensive guide plan amendmentfor the Sonesta Suites hotel property located at 3040 Eagandale Place. The owner is seeking Council input regarding a proposal to reguide the current land use from RC, Retail Commercial to HD, High Density residential to accommodate a transition from short-term stay hotel to long- term rental units. The Planning Report provides a cursory review of the property and this request. A complete review will be provided upon submittal of a formal development application. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 5(I) states: Comprehensive Guide Plan Amendment concept plan. Prior to filing a land use application that would require an amendment to the City’s Comprehensive Guide Plan, any person may submit to the City a concept plan for a proposed comprehensive guide plan amendment, along with a written request that the concept plan be presented to the City Council for informal presentation and discussion of the feasibility of the proposed comprehensive guide plan amendment. The request shall be made by addressing a letter to the City Council; the request and concept plan will be presented at a subsequent City Council meeting as agenda availability permits. A concept plan review hereunder will be limited to one plan review per property in a Planning Report – 3040 Eagandale Place January 10, 2023 twelve-month period. Submission of the concept plan shall not constitute formal filing of a plan or application with the City. The City Council will not take formal action or provide an opinion as to its action upon a formal application for the amendment; the sole purpose of the City Council’s review of the submitted concept plan is to review and obtain information about the potential/conceptual comprehensive guide plan amendment. BACKGROUND/HISTORY The subject property is located at 3040 Eagandale Place. The property was rezoned from Neighborhood Business (NB), General Business (GB) and Multi-Residential (R-4) to Planned Development in May 1986 and is currently guided Retail Commercial. The Planned Development allowed for a “121 room residential type motel” along with 72,000 square feet of office and roadside business on the adjacent properties to the north. The Planned Development included 15 eight-plex buildings and one office/manager’s residence. EXISTING CONDITIONS The 4.36-acre property is occupied by the Sonesta Suites hotel. The property is encircled by City right-of-way for Eagandale Place. Three access drives provide access into the current hotel property. Access to Eagandale Place is served exclusively from Lone Oak Road. Eagandale Place also provides exclusive access to all adjacent properties, including Lemay Lake Apartments, adjacent commercial retail to the north, Lone Oak Grill, and the Farm Bureau Mutual Insurance Company building to the south. The hotel complex is comprised of 16 buildings, including 15 two-story, eight-plex buildings with 120 total units and an office/clubhouse that serves residents of the property. Each unit has a separate exterior access. The buildings have units at both ground and second levels. Ground level units appear to have access to small patio areas off each unit. Approximately 141 parking stalls are currently provided, primarily around the perimeter of the site. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: Existing Use Zoning Land Use Designation North Retail Commercial (strip mall & hotel) NB, Neighborhood Business Retail Commercial East I-35E N/A N/A South Office PD, Planned Development Office Service West Multi-family Residential (Apartments) R-4 High Density Planning Report – 3040 Eagandale Place January 10, 2023 EVALUATION OF REQUEST Proposal – The City Council heard a similar proposal to convert the Sonesta Suites to long-term apartment units one year ago in January 2022. The applicant, CWP Eagan I, LLC, requests a similar conversion from an extended stay hotel to long-term apartments, which requires a Comprehensive Guide Plan Amendment and an Amendment to the Planned Development to recognize the change of use. The applicant proposes to convert all 120 units to long-term apartment homes. The unit make- up would consist of 90 studio apartments with approximately 600 square feet and 30 two- bedroom units with approximately 750 square feet. By City Code, Hotels are restricted to short term nightly stays of less than 29 days, whereas long term rental units are allowed full monthly terms. Another difference between commercial hotels and long-term apartments is the owner’s ability to run background checks to vet prospective tenants. The applicant’s supplemental information attempts to illustrate this issue by highlighting service calls between the current hotel, adjacent hotels and that of the adjacent Lemay Lake Apartments. Site Plan – The site plan shows existing site conditions. Proposed site improvements include both interior and exterior upgrades, along with improvements to the clubhouse. The applicant’s information describes anticipated improvements to the each of the units. Staff analyzed convert the property from an extended stay hotel to long term apartments based on the existing site conditions. Parking – The City Code requires 1.5 parking stalls per dwelling unit with at least one stall in an attached garage or underground parking. Detached garages are not permitted. The property currently provides 144 surface parking stalls (137 stand stalls and 7 ADA stalls), a ratio of 1.2 stalls per unit, below the required minimum of 180 stalls. The applicant’s narrative notes they are willing to submit a proof of parking concept and have also “engaged with Desman Design Management, a national top-tier firm that specializes in parking consulting, design, planning and restoration”. The applicant indicates Desman could increase off-street parking by approximately 30 percent with reduced landscape setbacks (to create tandem parking stalls). Tandem parking has been accepted within structured parking where space is limited, but not within surface parking. Several additional parking stalls could also be provided with closure of the northeast driveway access to Eagandale Place. The City Code standard of 1.5 parking stalls assumes an average number of parking stalls needed across all dwelling units regardless of the number of bedrooms. New Planning Report – 3040 Eagandale Place January 10, 2023 construction apartments generally provide an assortment of one, two, and three- bedroom units, with a majority of units consisting of two-bedroom units. The proposed hotel conversion would have 90 studio units (75 percent of the total) and 30 traditional two-bedroom units (25 percent). The lower overall number of bedrooms could require less parking than new construction apartment buildings with a greater mix of unit sizes. The property currently has no enclosed parking. The applicant’s narrative mentions that future “solar carports” along the southern facing side of the property are possible, potentially being able to provide at least one semi-enclosed parking stall per unit. Open Space – City Code requires 200 square feet of recreation space for each dwelling unit containing one or two bedrooms, plus an additional 100 square feet for units with 3 bedrooms or more. The proposal is for 90 studio units and 30 two-bedroom apartments. Approximately 24,000 square feet of recreation space would be required. The property has an approximately 12,000 square foot central courtyard with existing recreation facilities. The facilities include a dual use sport court, pool/pool deck, BBQ/picnic area, fire pit and green space. In addition to the central courtyard, the property has pockets of open space along with walkways throughout the site. The largest contiguous green space consists of an approximately 8,000 square foot area on the north side of the site. The applicant indicates the main and upper level of the office building, approximately 5,000 square feet, could be converted for recreational opportunities for tenants. Depending on the amount of indoor recreation space the applicant can provide, it would appear the property is within the minimum amount of recreational space required by City Code. Storage Space – City Code requires 150 cubic feet of storage space for each dwelling unit, exclusive of the space provided within each dwelling unit. For 120 units, approximately 18,000 cubic feet would be required. The applicant has indicated to staff that the basement level of the office building could be converted to storage, but the applicant is unsure if the space could fully accommodate the Code requirement. Without a detailed design of the office building basement and consideration of building code compliance, staff is unable to determine if this Code requirement can be met. Multiple City Code deviations appear to be likely for the conversion from a hotel to long-term apartments including deviations to parking and covered parking, and possibly storage space. Adequate recreational space appears to be met, however, the applicant should provide further details at time of formal submittal. Planning Report – 3040 Eagandale Place January 10, 2023 Applicant’s Narrative – The applicant has provided a detailed narrative that outlines the proposed conversion, as well as citing specific documentation that supports the proposal. The applicant cites the City’s need for affordable housing and notes “with almost all of the possible greenfield development achieved in Eagan, utilizing the tools of redevelopment and adaptive reuse are more critical for achieving the stated goals outlined in the Comp Plan”. The applicant goes on to state that a critical tool is the use of Planned Development (PD) zoning that can provide “greater flexibility in environmental design and relation of the strict application of the zoning ordinance”. The applicant’s narrative along with other support documentation are provided with the packet. Comprehensive Plan and Compatibility with Surrounding Area – The subject property is immediately east of the Lemay Lake Apartments and south of the Lone Oak Plaza retail center that includes a day care center. Minnesota Valley Transit Authority (MVTA) provides bus service (Route 446) in the area with service stops along Lone Oak Road. The MVTA also operates MVTA Connect that offers on demand rider service 7 days a week with direct pick-up and drop-off within the Eagan service area. The site has proximity to additional retail located approximately one mile south at Central Park Commons and Eagan Promenade. Proximity to work and job opportunities include the Eagan Industrial Area immediately north of Lone Oak Road and the Eagandale Center Industrial area east and south of Lone Oak Road. Parks and Recreation/Sidewalks/Trails – Two parks are located within approximately one-half mile of the property. Moonshine Park is located on the opposite side of Lemay Lake. Country Home Park is located north of Lone Oak Road within the Country Home neighborhood. Both could be accessed by bike or foot from public trail systems along Lone Oak Road and Pilot Knob Road. Two additional parks, Pilot Knob Park and Highview Park, are both located approximately three-quarters of a mile from the site. As noted, trails are located on both sides of Lone Oak Road and Pilot Knob Road, which provides pedestrian access to adjacent parks, a school, and shopping. A City sidewalk is located on the opposite side of Eagandale Place that connects to the County trail system along Lone Oak Road. The applicant notes they would be willing to work with City Engineering to provide a pedestrian crossing to the public sidewalk on the north side of Eagandale Place. SUMMARY/CONCLUSION The proposer is seeking City Council discussion regarding the concept to convert all 120 units of the existing Sonesta Suites hotel from short-term to long-term stay units. The applicant would then make a formal submittal for a Comprehensive Guide Plan Amendment to reguide the subject property from Retail Commercial to High-Density Residential. Multi-family apartments that accommodate long-term stay rental units can only be accommodated within the High- Planning Report – 3040 Eagandale Place January 10, 2023 Density Residential land use category along with an accompanying rezoning (Amendment to a Planned Development) of the property. The standards adopted within City Code are applied to all development, however, new construction is generally more apt to meet these requirements than the adaptive reuse of existing properties. The conversion of the property to High-Density Residential as well as acceptance of an Amendment to the Planned Development to provide potential relief to development standards is a policy decision for public officials. ACTION TO BE CONSIDERED No formal action shall be taken. The purpose of this request is to provide an opportunity for an informal conversation between the applicant and City Council. Council may ask questions and voice personal concerns regarding the concept as presented but should abstain from voicing support or nonsupport of the request. CWP Eagan I, LLC’S NARRATIVE IN SUPPORT OF REZONING OF 3040 Eagandale PL, Eagan MN Please consider this narrative in support of CWP Eagan I LLC’s (“CWP”) Application for rezoning of an existing extended stay hotel, zoned PD, into high density garden-style residential apartments (“Multi-Family Dwellings”), zoned PD-R4, for the approximately 4.36- acre site known and numbered as 3040 Eagandale Place (the “Property”). The Parcel ID is 10- 22526-01-010 and 10-22526-01-011. Rezoning of the Property is supported by the 2040 Comprehensive Guide Plan (“Comp Plan”) which was adopted by the City on March 2, 2020. Specifically, the Comp Plan highlighted several key themes including emphasizing “the need for reinvestment and the challenges of redevelopment.” The Comp Plan acknowledged that “the collaboration between the public and private sectors will be key to continued growth over the coming decades.” CWP believes that this proposal will be an embodiment of that collaboration. With affordable housing needs in the City of Eagan ever growing, the City needs private sector players to help provide “housing that is multi-generational, multi-cultural and available to households at all stages of the life cycle”. Affordable housing stock has not kept up with that vision over the past 5 years with rents increasing at greater than 20% over that same period. CWP’s proposal will “ensure a community of strong, desirable and safe neighborhoods,” improve Eagan’s diversity of housing stock “to accommodate the housing needs of the persons of all incomes in all stages of life and physical ability” and to “provide opportunities for housing that is affordable to low- and moderate-income households throughout the community.” The rezoning of the Property will accomplish this while also achieving added housing stock “in close proximity to parks, schools, shopping and transit.” Moreover, with almost all of the possible greenfield development achieved in Eagan, utilizing the tools of redevelopment and adaptive reuse are more critical for achieving the stated goals outlined in the Comp Plan. A particularly critical tool at the disposal of the city is utilizing planned districts (PDs) to meet the redevelopment needs of the city. According to Section 18: PD Planned Development District. planned developments provide “greater flexibility in environmental design and relaxation of strictly application of the zoning ordinance” and more flexibility to “encourage a development pattern that is consistent with land use density, transportation facilities and community facilities objectives of the Comp Plan.” Overall, as outlined further below, the rezoning of this property will enhance the neighborhood's character and create a greater mix of housing options to ensure households at all income levels have safe and affordable places to live. Background and Historical Information on the Property The Property was platted and built in 1986 by the Marriott Corporation, envisioning a garden style design community feel for traveling salesmen. The original land use / zoning of the property was Multiple Family Residential (R-4) before it was rezoned to Roadside Business (RB) Planned Development District (PD). The Property is unique because unlike other hotels the original design called for 16 separate buildings that look like a garden style apartment complex. All the buildings are two story structures with fifteen buildings containing eight individual dwelling units and an additional main lobby building. The mix of the units are also quite unique relative to modern day hotels with the ninety (90) one-bedroom units measuring near 600 square feet and the thirty (30) two-bedroom units measuring nearly 750 square feet. The units are outfitted with a full kitchen including full stovetop oven, garbage disposal, a full-sized dishwasher, microwave, and full-sized refrigerator. The external amenities include green space, a gym, BBQ area, fire pit area, an outdoor swimming pool and a dual use sports court allowing for both tennis and basketball play. The buildings character, footprint and façade were designed to blend into the urban backdrop of Multi-Family Dwellings that sit to the west of the Property. In 2022, however, this type of design and property layout does not cater to the tastes or desires of lodging customers. The Property is suffering from functional and economical obsolescence through decreasing vacancy rates that are not solely related to the COVID-19 Pandemic. Both revenue and occupancy are down significantly for the 36-year-old facility. It is struggling not only due to the overly saturated number of hotel rooms available in Eagan, but also from the design of the facility which inhibits demand relative to its competition. Another key contributor to its economic decline has been the change in flag from a Tier 1 brand like Marriott to a lower tier brand: Sonesta. This down-flagging materially impacted the average rate charged and has reduced the quality of the product offering. Finally, in a tight labor market, the difficulty in finding enough labor is exacerbated by the need to work outdoors year-round in a very harsh climate and the guest mix associated at the Property. This inhibits the hotel’s ability to attract and retain labor, materially impacting operations. To put a finer point on this item, labor turnover at the property is approximately 400% on an annual basis. Another item impacting the operations stems from the overuse of emergency and safety services at the property. National, State, and local crime statistics associated with extended stay hotels suggest adaptive reuse of the Property to Multi-Family Dwellings would be in the best interest of the neighborhood and the City of Eagan. Extended stay hotels have become the housing choice of last resort because a room can be obtained without a background check— a process typically associated with an apartment. Statistics from the City of Eagan Police Departments show a higher frequency of crime per capita at the extended stay hotels when compared to other hotels and Multi-Family residences. This can be observed in the attached Exhibit A. Crimes related to weapons, drugs, assault, and theft occur with higher frequency. According to the City of Eagan website, there are 140 daily calls for Police Service in the City of Eagan. All lower tier extended stay hotels in Eagan as seen in Exhibit A are consuming services disproportionately to the apartment control group. This overuse of emergency service is both a time and cost drain to the city. While CWP does everything it can to limit bad actors from entering its premises (as can be seen by the recent fall off in 2022), the nature of the product being offered attracts the wrong crowd and requires an over reliance on Emergency Services. The proposal to rezone the Property would have a material impact in reducing the prevalence of these incidents as CWP would be able to implement more rigorous background checks on potential tenants creating further mitigation efforts. There are material direct and indirect cost savings to the City of Eagan with this rezoning plan that will create a positive net expected value to the City of Eagan. Authorizing adaptive reuse by rezoning the Property would be in line with the guiding principles of the Comp Plan. With the City of Eagan and CWP collaborating to improve the diversity of Eagan’s housing stock, we can create a strategic plan to support the growth and reinvestment of the core city and neighborhoods. This rezoning will create a safe and walkable Multi-Family Dwelling, enhance the neighborhood character and offer a greater mix of housing types to ensure households at all income levels have affordable, quality options. Currently, the Property is situated around both commercial and residential use. The mixed use and diversity of the properties and public spaces around the Property further supports the modification. Lemay Lake Apartments and Lexington Flats are within ¾ of a mile walking distance of the property. Additionally, Country Home Park, Highview Park Playground Eagan Central Park and Moonshine Park are all within 1 ¼ miles walking distance of the property. The Comp Plan stresses “safe and walkable” housing which is an essential component of strong and resilient neighborhoods. Stable neighborhoods are a core tenet in creating an environment to support growth and reinvestment. CWP’s plan to rezone the Property to Multi-Family Dwellings will not only reduce crime and increase safety, but by having tenants invested in the health of the neighborhood and community, it will also bring stability to the neighborhood. If the Property remains a hotel, it will be difficult to obtain financing to improve the facility due to its design and current layout hindering its profitability. The current zoning permits specific uses covered in Section 11.60 of the Code of Ordinances. The current configuration of the hotel is obsolete and will be difficult to secure adequate financing to extend its useful lifespan— estimated at 40 years. A Multi-Family Dwelling under a PD – R4 designation is far more likely to obtain financing. All other permitted uses, including a brand-new configured hotel, would require demolition of the existing structures and a complete rebuild. The cost of doing so, combined with the acquisition costs of the Property is prohibitive for any perspective purchaser or lender. Simply put, the land value is not high enough to yield a reasonable rate of return for the permitted uses when one considers the capital and cost required to refresh the Property. As such, the prior owners did not invest any material amounts of capital into the asset and then swapped out of the high-quality Marriott brand to the lower tier Sonesta flag. Additionally, there are material brand restrictions so as to prevent overbuilding. The only franchisor that would allow for a new build would be lower-tier brands like: OYO, Drury Inn, Red Roof Inn, Motel 6 or an independent hotel. On the other hand, granting a rezoning to the Property will extend the useful life of the asset and allow for incremental capital investment. The rezoning is in line with both the goals and vision of the Comp Plan. By allowing for this strategic rezoning, CWP will unlock the ability to refresh the property. At the time of rezoning, CWP will leave the current layout of the Property as is, including the existing landscaping, ensuring that the physical character of the property will be unchanged. As indicated above, many of the common amenities or improvements a typical rezoning would entail already exist on site. CWP believes that rezoning will allow for incremental capital to be invested at the property. Contingent on obtaining financing, CWP will then implement improvements to the Property over time. Said financing will enable CWP to refresh each of the units with new countertops, new appliances, luxury plank flooring, new vanities, cabinets, and lighting fixtures. The exterior of the building will include a small tot lot, roof repair, gutter repair, improved landscaping, new paint, fascia repair and new signage. Additionally, CWP plans to redesign the communal space by converting the existing lobby area to a family game room, create coworking space, add a reading area, and convert the existing commercial kitchen area to an area where tenants can have family gatherings. CWP’s analysis shows that the Property will be providing equal and comparable amenities to other workforce housing projects developed in Eagan. CWP believes that the current number of parking spaces is more than sufficient given the demographic that it’s targeting. According to Edmunds and Kelly Blue Book the average monthly payment for a car is between $530-$660 a month. Insurance for an automobile is between $175-$200 a month, add in gas at about $100 a month and maintenance repairs of another $100 per month for a total of $930-$1060 a month. With convenient public transportation, grocery, and other essential delivery services like Instacart, Walmart and Amazon delivery services, CWP knows that its tenants are unlikely to have more than one car. We therefore submit that the current number of parking spots on site (144 spots) which have served the extended stay asset well during its time in existence is a meaningful data point that it will also be sufficient for Multi-Family Dwellings. Notwithstanding, CWP is willing to submit a “proof of parking” concept to the City of Eagan for additional parking spaces if they are ultimately needed post conversion. CWP has engaged Desman Design Management, a national top-tier firm that specializes in parking consulting, design, planning and restoration. CWP has worked closely with Desman on similar projects in the past. Desman has proposed that CWP would be able to increase the parking spots at the site by approximately 30% if the setback is reduced from 20 feet to 12 feet. Additionally, CWP is proposing closing the Northeast access point onto Eagandale place to add additional parking spots. Regarding covered parking, Desman has indicated that carports are practical at the property including the inclusion of potential solar carports in the southern facing side of the property. If council will allow the carports to be on the outside rim of the property, CWP estimates the ability to have at least one covered spot per unit on the property. If council prefers the carports be on the inner rim of the property, we would be able to accommodate some but not all of our units. As further outlined below, it is in the best interest of City of Eagan to modify the Property at 3040 Eagandale Place to “PD – R4”. CWP will not be changing any of the existing density at the Property and based on the goal of enhancing the community and neighborhood character, adding affordable, safe, and walkable rental options for a growing population, reducing the utilization of the county safety services without impacting transportation systems, community facilities and local infrastructure, CWP is respectfully submitting this rezoning request. Growing and Enhancing the Community. The rezoning provides the City of Eagan with needed affordable apartment options for the planned household growth in the City of Eagan. According to the Comp Plan, Eagan is projecting 130 new households annually through 2040. Eagan (along with Minnesota) is projecting a significant increase in its over 65 population. This dual impact is going to require an incremental supply of housing that is safe and affordable. Maxfield Research and Consulting noted that Eagan would need 165-215 units through 2030 and an additional 390-430 units between 2030 and 2040. Specifically, as indicated in the Comp Plan, there has been a growing preference for Multi-Family Dwellings. As people age it’s more economic and practical to live in smaller units. It is only natural for the City of Eagan to lean on redevelopment of existing real estate to meet this demand. CWP’s proposed rezoning would encourage affordable housing stock that would support both new households coming to Eagan but also older citizens looking to downsize to a smaller efficient apartment. This rezoning would allow those older households to continue to be a part of the Eagan community and stay near family. With key areas like parks and public transport accessible by walking, this rezoning will help Eagan make a substantial dent in the housing unit shortfall. The current trend in demand for rental apartments nationally and in the City of Eagan as indicated in the Comp Plan shows no sign of abating. According to Federal Reserve data, since 2017, single family home prices are up 44% in Eagan. With housing prices high and mortgage rates skyrocketing (30-year fixed rate above 6.75%) housing affordability nationally, but particularly in Eagan, has become far more acute. Coupled with the stagnant wage real growth, the American dream of home ownership once again has slipped out of reach. Faced with the headwinds indicated above, Americans are rapidly shifting their demand preferences to Multi-Family Dwellings. This trend has been confirmed within the Comp Plan. Due to this heightened demand for rental properties, it benefits the City of Eagan to allow for more rental options. CWP’s requested rezoning will add a material amount of much needed affordable apartments to the housing to meet the projected demand in household growth and age demographic changes in the future. Reducing Utilization of Safety Services As indicated, crime per capita is more prevalent at extended stay hotels than Multi-Family apartments. CWP will implement background checks and credit checks on potential new residents creating a material safeguard to ensure safety and security at the Property. With the data to support the reduction of utilization of safety services at Multi-Family Dwellings relative to extended stay Hotels, CWP believes that rezoning will reduce the cost for City of Eagan taxpayers and allow for safety services to focus on more important and critical emergency responses. These direct and indirect benefits are an incalculable value to the community. Impact on Transportation Systems CWP notes that the current access point to the Property has been utilized for the past 30+ years. As a multi-family dwelling, CWP believes that Eagandale Place will be trafficked less with more consistent patterns overtime helping reduce strain on access. Additionally, the Minnesota Valley Transit Authority (MVTA) 446 bus stop is a two-minute walk from the Property, allowing for easy, low cost and green public transportation access to other points in the City of Eagan. Finally, SD 197 has a bus stop servicing the Property and the adjacent Lemay Lakes apartment complex. Impact on Utilities Given that CWP is only proposing a rezoning with no structural improvements at the asset, there will be no impact on the Utilities. CONCLUSION CWP EAGAN I LLC, has demonstrated that it is in the community’s interest to grant the Property a rezoning to Multi-Family use. CWP believes that the narrative provided supports the changed characteristics of the area justifying the requested. This rezoning is consistent with the goals set out by the Comp Plan. The mission of promoting safe, walkable, and affordable housing to create strong and resilient communities is met with this plan. As such, CWP EAGAN I LLC, respectfully requests the Property at 3040 Eagandale Place be granted a rezoning to “PD – R4” for Multi-Family Dwellings. Respectfully submitted, Chuchwick Partners LLC CWP EAGAN I LLC By: Asaf Fligelman 198 Ocean Avenue Woodmere NY 11598 917-273-7671 – telephone asaf@churchwickpartners.com CWP EAGAN I Conceptual Development Plan Extended Stay Hotel Conversion to Multi Family Garden Style Apartments 3040 Eagandale Place Eagan, MN 55121 Overview of Project Request •Rezoning of the asset on 3040 EagandalePlace from “PD” to Multi Family Residential “PD-R4” •Given the unique characteristics of these extended stay units a seamless transition from hotel rooms to garden style apartments is to be expected. •All units currently have separated one or two bedrooms with fully equipped kitchens. •All typical amenities in a garden style apartment complex are already on-site including pool, sports courts and BBQ grill area. •CWP will refresh the main lobby building to support additional open space for residents. Home By Perri –3050 Eagandale Drive Note : Artist Design Rendering. Not indicative of actual feasibility. Access It is worth noting that the property is self enclosed with three points of access out of the property onto Eagandale Place (see Green Dots in picture on the right). Exiting Eagandale Place there is controlled turning with traffic signals at the Intersection (see Blue Dots and picture to the left). As can be seen in the image, this is a well defined and well lit access point to the rest of Eagan. Access and Walkability –CWP is willing to coordinate with City Engineering to create a crosswalk at one of two locations highlighted in Blue to access the public sidewalk on Eagandale Place highlighted in yellow,which will further access to the trail along Long Oak Road. 152644.21R000-028.220_Sonesta_ES_Suites_Minneapolis_St._Paul_Airport_ALTA_ver3-Signed.pdf Converting Extended Stay to Garden Style Apartment Community Project Details •CWP intends to leave the asset as is in the base case. CWP’s intention is to improve the asset over time subject to securing financing. •Subject to securing financing, the Interior units will get updated countertops, luxury vinyl plank flooring, new vanities, cabinets as well as updated lighting. All units are currently equipped with all required plumbing , electrical and have full kitchens so no structural changes will be needed to modernize the units. •The Exterior of the property will get a cosmetic facelift with fresh paint and replacement of any damaged fascia. We will replace all the signage. The property already includes amenities such as a pool, basketball court and patio area. The lobby and eating area of the main building will be converted into a game room and library. The office area will be converted to a leasing center. No structural design changes are contemplated in these plans. Key benefits of this project Minimaly invasive –This rezoning does not require any structural changes to the footprint of the buildings,nor does it need any major rough plumbing or electrical to complete.No changes to environment,utilities and transportation systems. Community Safety –Garden Style property management requires background screening protocols.Credit checks,income history,employment verification,criminal background checks and previous landlord history are all verified as part of the vetting process to ensure the optimal community mix. Transitional housing to permanent housing –This rezoning will no longer attract temporary and transitional housing occupants.Long term leases will provide more stability to the neighborhood and safety to the community. Additional Apartment units –Given mortgage rates and rising housing prices additional apartment units would give City of Eagan citizens an affordable housing alternative to Single family homes. Below Fair Market Rate Rents –According to Costar with the Median RentinCity of Eagan of around $1,400,and the median price per square foot closeto$1.66 for comparable assets,CWP intends to price the units below thoseprices. Studio Unit 2 Bedroom Unit Guest Room Before Guest Room Before Resident Unit After NoteRenderings.May not conform to specifics of the room. Resident Unit After NoteRenderings.May not conform to specifics of the room. Resident Unit After Note Renderings. May not conform to specifics of the room. What is the problem CWP is trying to solve? Significant Supply Imbalance of Affordable Housing Units in the City of Eagan. Eagan Affordable Housing Deficit Notable Quotes From the “Updated Comprehensive Housing Needs Analysis For Dakota County” •While new market rate and affordable rental construction continue, the number of market rate units being developed far exceeds the number of affordable units. Increased construction and land costs for all types of housing have resulted in higher prices/rents, placing additional hardship on households already facing barriers to finding affordable housing. Also, the number of landlords willing to accept housing choice vouchers has decreased, further limiting the availability of housing for vulnerable households. •Despite the development of more than 3,900 multifamily units between 2014 and 2018, vacancy rates remain far below equilibrium (generally considered to be 5%) and rents have increased sharply, making many low- and moderate-income households’ cost- burdened or severely cost-burdened. •As of 2019, the supply for affordable housing remains insufficient, with more than 1,400 names on the workforce housing waitlist for CDA owned and managed properties. The limited amount of housing affordable to households at the lowest income levels (less than 50% of Area Median Family Income) is raising an already high barrier to assisting individuals and families in need to help them to stabilize their living situations, become more independent and thereby reduce the risk of these households becoming homeless. •Similarly, Millennials are now affecting the current rental market boom and the delay in purchasing single-family homes. Many Millennials are also opting for less, preferring smaller homes on smaller lots and locations that are within walking distance of goods, services, and public transit options. •Households typically prefer to live close to where they work. Sustained job growth in Dakota County has generated additional demand for housing. Demand is strongest for multifamily rental products in the Developed Communities and units are being added primarily through redevelopment of existing parcels. Notable Quotes From the “Updated Comprehensive Housing Needs Analysis For Dakota County” •The need for affordable housing is so strong that the CDA cannot continue to act as the primary developer of affordable housing in Dakota County. Though the CDA will continue to develop affordable housing units, it will focus on markets not previously targeted such as veterans and singles. The CDA will also partner with private and non‐profit developers to build much needed affordable units. •Given the increased costs of construction, we recommend an ad hoc approach to determining a developments size, with a focus on increasing the workforce housing stock whenever possible. •Development of affordable units, however, continues to lag demand and vacancies for affordable units are essentially at 0% with substantial waitlists. The newest CDA workforce housing project, Prestwick Place in Rosemount, was fully leased upon opening. •The demand calculations are more conservative for affordable and deep-subsidy housing. Waitlists are long and many households are unable to apply for deep-subsidy housing because the waitlist is closed for many properties. Producing this type of housing, however, is costly and challenging considering reductions in public and private resources to support its development. We understand that there is likely more demand for this housing than will be able to be satisfied. •This [Workforce Housing] demand, however, is highly mobile and with such low vacancy rates any new affordable housing would be well-received across the County. We recommend higher density projects near public transit. Between 2030 and 2040, demand is projected to be highest in Eagan (410 units), Inver Grove Heights (400 units) and Burnsville (390 units). Demand for workforce housing, like other types of shallow-subsidy and deep-subsidy housing, tends to attract renters across a broader geographic area with households relocating to housing that is affordable. What are Councils Concerns? Parking and Covered Parking Accessibility Amenities Storage Greenspace Ensuring Affordability Fiscal Responsibility What are CWP’s solutions? Proof of parking concept with carport additions. Work with City Engineering on sidewalk access points. Adding almost 5000 sqr ft of common space in main building. Storage units in basement along with negotiated rate with local self storage facilities. Refresh landscaping. LIHTC program. Revenue positive and cost reducing. Significant indirect cost benefits. Tax Impact Analysis Hotel Multi 9.00%6.00% 2022 2023 2024 2025 2026 2027 2028 2029 2030 Sonesta 2021 Assess 5,114,000 Sonesta 460,260 504,450 479,228 455,266 432,503 410,878 390,334 370,817 352,276 Sonesta 2022 Assess 5,605,000 Multi Family 504,450 519,584 535,171 551,226 567,763 584,796 602,340 620,410 Theoritcal Assessment Sonesta 5,114,000 5,605,000 5,324,750 5,058,513 4,805,587 4,565,308 4,337,042 4,120,190 3,914,181 Multi Family 5,605,000 8,659,725 8,919,517 9,187,102 9,462,715 9,746,597 10,038,995 10,340,165 Total Tax 173,876 190,570 181,042 171,989 163,390 155,220 147,459 140,086 133,082 112,100 173,195 178,390 183,742 189,254 194,932 200,780 206,803 Net Taxpayer Shortfall / Gain (78,470)$ (7,847)$ 6,401$ 20,352$ 34,034$ 47,473$ 60,693$ 73,721$ Net Present Value $117,020.14 Notes: A.Dakota County does annual assessments based on income approach. B.Speaking to Dakota County Assessors office a range of 300 bps of spread to multi family is approriate given B/C class buildings. C.Assumption is that Hotel net income deteriortates at a rate of 5% per year while apartment net income rises at a rate of 3% a year. D.Tax Assesor reassesses in 2024. E.Net Present Value utilized a 3% discount rate. Cap Rate FOR DISCUSSION PURPOSES ONLY. THIS IS A BACK OF THE ENVELOPE ANALYSIS DONE FOR PURPOSES OF THE MEETING. Implied Net Income 3.4 % for Commerical 2% for Apartments Exhibit A Extended Stay Hotel Group Address Number of Units Per Property 2020 2021 2022*Average Calls per day normalizing for units Percentage Of Total PD calls in 2020 Percentage Of Total PD calls in 2021 Percentage Of Total PD calls in 2022 Sonesta 3040 Eagandale Place 120 159 308 150 1.71 0.3%0.6%0.3% Extended Stay America - South 3384 Norwest Court 104 312 296 262 2.79 0.7%0.6%0.5% Extended Stay America - North 3015 Demark Avenue 128 272 206 205 1.78 0.6%0.4%0.4% Budget Inn and Suites 2745 Hwy 55 17 67 43 35 2.84 0.1%0.1%0.1% Mictotel Inn and Suites 3000 Denmark Ave 79 211 242 103 2.35 0.5%0.5%0.2% Norwood Inn and Suites 1950 Rahncliff Ct 120 780 455 344 4.39 1.7%0.9%0.7% Total Extended Stay 3.9%3.0%2.1% Apartment Control Group Lemay Lakes 3005-55 Eagandale 282 192 249 n/a 0.78 0.4%0.5%n/a Extended Stay Hotel Group Address Number of Units Per Property 2020 2021 2022*Average Calls per day normalizing for units Percentage Of Total PD calls in 2020 Percentage Of Total PD calls in 2021 Percentage Of Total PD calls in 2022 Sonesta 3040 Eagandale Place 120 30 21 16 0.19 0.6%0.7%0.3% Extended Stay America - South 3384 Norwest Court 104 40 59 52 0.48 0.8%2.0%1.0% Extended Stay America - North 3015 Demark Avenue 128 38 31 41 0.29 0.8%1.0%0.8% Budget Inn and Suites 2745 Hwy 55 17 n/a n/a n/a n/a n/a n/a n/a Mictotel Inn and Suites 3000 Denmark Ave 79 22 16 21 0.25 0.4%0.5%0.4% Norwood Inn and Suites 1950 Rahncliff Ct 120 43 26 35 0.29 0.9%0.9%0.7% Total Extended Stay 3.5%5.2%3.3% Apartment Control Group Lemay Lakes 3005-55 Eagandale 282 39 35 39 0.13 0.8%1.2%0.8% Eagan PD Calls for Service Total Count Eagan FD Calls for Service Total Count Key Metrics Key Metrics CWP has spoken to Dakota County CDA around participation in the LIHTC program. CWP believes that change in land use is the only gating item preventing a permanent affordable solution via the LIHTC program. Thank you for your consideration Agenda Information Memo January 10, 2023 Special City Council Workshop V. Rental Licensing Direction for Consideration: Provide direction to staff regarding the rental licensing program. Background  The City of Eagan currently has approximately 8,730 registered rental units which is 29 percent of the City’s housing stock.  Rental housing includes 6,617 rental apartments, 716 rental townhomes, and 1,426 single unit rentals. Single unit rentals are units which were constructed as ownership units but are currently rented.  At work session meetings in 2021 and 2022, the City Council discussed a potential rental licensing program and directed staff to proceed with developing a program.  Since the most recent work session discussion in June 2022, staff has: o Completed additional community outreach; o Worked with the City Attorney to draft a rental licensing ordinance and prepare amendments to the International Property Maintenance Code; o Researched fee structures in comparable cities and developed potential fee scenarios; and o Selected and begun implementation of a new permitting and licensing software. Communications and Engagement Plan  The City has implemented Phase I (Discovery and Socialization) and Phase II (Engagement) of the Communications and Engagement Plan.  Phase I included an article in Experience Eagan and information posted on social media and the City website.  Phase II included a survey which received 462 responses from 233 homeowners (50%), 155 landlords (34%), and 74 renters (16%). Survey results showed strong support for a rental licensing program. Staff efforts included in-person engagement to intentionally gain information from likely renters.  A facilitated conversation with rental licensing stakeholders was held in May 2022. Participants of the facilitated conversation were primarily landlords and homeowners. Participants had significant discussion regarding who pays the costs of a rental licensing program. Several attendees strongly supported a cost share between the industry (via licensing fees) and the community (via levy).  Since the June 2022 work session, staff has contacted HOA managers to inform them of the potential rental licensing program. This resulted in several renewed rental registrations for single unit rentals within townhome developments.  Information on the potential rental licensing program was included in nearly 200 packets that were distributed to neighborhood parties for National Night Out.  Staff has been sharing information on the City’s rental licensing process with representatives of HomeLine, a tenant advocacy organization, and the Minnesota Multihousing Association  Staff is proceeding with Phase III (Education and Impact) of the Communications and Engagement Plan. Phase III engagement will focus on the benefits of rental licensing and feedback from community engagement. Phase III will include articles in Experience Eagan and Eagan Business News as well as coverage through the City’s social media channels.  If the City Council directs staff to proceed with scheduling adoption of the rental licensing ordinance, staff will proceed with Phase IV (Implementation, Requirements, and Compliance) of the Communications and Engagement Plan. Phase IV will include direct outreach to owners of registered rentals as well as continued use of the City’s media tools. Phase IV is expected to have two stages: o Information to rental owners about the proposed ordinance and schedule for City Council action o Education to rental owners about the adopted ordinance, licensing requirements, and implementation schedule Rental Licensing Ordinance  The draft rental licensing ordinance defines the rental licensing process and requirements.  Following are exemptions from rental licensing requirements: o Units occupied by the owner’s qualifying relatives o Rentals for not less than 30 days and not more than 120 days when the owner resides in the unit the remainder of the year o Cooperative housing or housing licensed by the State of Minnesota o Units for which reasonable accommodation has been granted under the Fair Housing Amendments Act of 1988 o Rental of rooms within an owner-occupied unit o Contracts for Deed recorded with Dakota County o Units rented while the owner is deployed for active-duty military service  The licensee shall: o Provide contact information for an owner or manager that is available 24 hours/day and 365 days/year. o Maintain a current roster of tenants which must be made available to the City upon request. o Conspicuously post licenses either inside the unit or in a public place for common entry units. o Allow candidates for public office access to the building for the purpose of campaigning. o Provide tenants with at least 24 hours’ notice of an inspection.  The licensee shall provide certification that: o A written lease agreement will be used for all tenants o Tenants will be required to execute a Minnesota Crime Free Housing Lease Addendum; o The licensee will conduct an appropriate criminal background check on all tenant applicants o The licensee will comply with the Minnesota Kari Koskinen Manager Background Check Act; and o The licensee and its manager will attend regular rental housing training provided by the City.  Licenses shall have one-year durations. If a rental unit is sold, the license is not transferable to the new owner. The new owner must apply for a new rental license.  Background checks are required for new rental licensees. Background check requirements will be waived for the first-time license for the owners of units with current rental registrations. Convictions for background check crimes as defined in Minnesota Statutes are grounds for refusal to license.  New licensees will be charged a license fee and an application fee to cover the cost of the background check. Application fees will not be charged to renewals or to owners with current rental registrations.  A conversion fee will be paid when an owner-occupied dwelling is converted to a rental dwelling. The conversion fee will be waived if the proposed licensed rental dwelling has a current registration as of the effective date of the ordinance and the owner applies for a rental license in accordance with the implementation schedule.  The inspection schedule is not defined in the ordinance and will be determined by the Community Development Director. The City’s rental licensing staffing model assumes that units will be inspected once every three years, for a new license, or upon complaint.  If a violation or noncompliance is found during an inspection, a re-inspection will be scheduled. If a second re-inspection is necessary, a reinspection fee will be charged.  Uncorrected maintenance violations on two or more occasions within one year or four or more occasions with a 36-month period are violations of the license and grounds for license non-renewal, suspension, or revocation.  Delinquent property taxes, fees, assessments or service charges are grounds for license non-renewal, suspension, or revocation.  A licensee subject to non-renewal, suspension, or revocation has the right to a hearing before a hearing officer appointed by the City Council. o The hearing officer will issue written findings of facts regarding whether a violation has occurred. o The findings shall be forwarded to the City Council for final determination and formal action on the license. o The Council may order that rent payable during a suspension or revocation period be paid into an escrow account and used to pay the cost of abating violations at the property. Licensees may not rent any vacant units during the period of suspension or revocation. o The City Council’s decision may be appealed to the Minnesota Court of Appeals in accordance with Minnesota Statutes.  In addition to suspension or revocation of a license and similar to the process for liquor license violations, civil penalties may be imposed for rental license violations. International Property Maintenance Code  Most cities with rental licensing programs have adopted the International Property Maintenance Code (IPMC).  The IPMC is published by the International Code Council which also publishes the International Building Code (IBC). The State of Minnesota has amended and adopted the IBC as the State Building Code.  The IBC is focused on building construction. The IPMC is focused on building and property maintenance.  Adoption of the IPMC will allow the City to issue corrections for internal and external maintenance violations which are not addressed in the Building Code.  In addition to rental licensing enforcement, the IPMC could also be used for complaints of maintenance violations at retail centers, hotels, etc.  Prior to adoption, cities typically edit the IPMC to delete sections that are redundant to the existing City Code or are irrelevant for their jurisdictions. Staff have worked with the City Attorney to edit the IPMC. The City Council will be asked to adopt the IPMC, as amended, in its entirety. Ordinance Amendments  A new City Code section 6.55 (rental licensing) would be adopted. Sections 10.51, 10.53, and 10.54 would be amended.  The current Section 10.53 contains the City’s property maintenance regulations which would be deleted in its entirety and replaced with a reference to the IPMC.  The IPMC does not address outdoor firewood storage. Because firewood is currently addressed in the City’s property maintenance regulations which would be deleted, Section 10.54 would be amended to include firewood storage requirements.  A housekeeping amendment is suggested for Section 10.51 (outdoor junk storage) to clarify and address code enforcement issues relative to outdoor storage. Expenses, Revenue, and Fees  Rental licensing program expenses include 2.5 FTE for two inspectors and one-half clerical position. This staffing level is consistent with staffing levels in other cities with rental licensing programs, prorated to number of rental units. Expenses also include grade adjustments for existing staff who would accept additional responsibilities.  Additional rental licensing expenses include computers/equipment, credit card fees for online fee payments, annual software licensing, and staff training.  Capital costs for two additional vehicles are not included in expenses but may be eligible for ARPA funding.  Program start-up will take approximately two years. During program startup, fees will not fully cover costs due to initial expenses (i.e., equipment, certifications, mailed notices to rental registrants) and non-compliance with licensing. The annual startup operating gap is estimated to be $72,000 to $137,000 depending on the fee structure approved by the City Council. Program stabilization (licenses issued to 95% of existing registered rentals) is projected to occur in Year 3 (2025). Estimated operating expenses are $410,000 in year 3. Estimated year 3 expenses include benefit inflation and COLA, but do not include inflation of equipment and supplies. At the June 2022 work session, the City Council discussed to what degree licensing revenue should cover program expenditures. The Council directed staff to research comparable cities and show fee models using various levels of levy support for licensing costs. Staff will present its research and provide scenarios for fees with 0, 5, 15, and 25 percent levy support at the January 2023 City Council workshop. Tentative Implementation Timeline January 10 City Council review of ordinance amendments and public engagement February 21 City Council authorization to post Senior Property Maintenance Inspector position March 21 City Council consideration of rental licensing ordinance May LAMA business licensing software implementation and on-boarding of Senior Property Maintenance Inspector July 1 Rental licensing program implementation (phased roll-out based on unit type and location) Policy Questions 1)Does the City Council desire changes to the draft rental licensing ordinance? 2)Should staff proceed with placing the city code amendments to adopt the rental licensing ordinance and the IPMC on the March 21 regular City Council agenda? 3)Does the City Council have questions regarding the tentative implementation timeline? 4)Should the City begin communicating to rental property owners the proposed requirements of the draft rental licensing ordinance and the timeline for City Council approval and implementation? 5)Which fee scenario does the City Council prefer? Attachments (4): V-1 Presentation V-2 Draft new City Code Section 6.55 V-3 Draft amendment to City Code Section 10.51 V-4 Draft amendment to City Code Section 10.53 and 10.54 and amendments to IPMC Rental Licensing City Council Work Session January 10, 2023 Rental Licensing November 9, 2021 •Background information on Eagan rental housing •Research of comparable communities •Basic structure of rental licensing programs March 8, 2022 •Communications & Engagement Plan •Ordinance provisions June 14, 2022 •Feedback from community outreach •Revenue models Rental Licensing January 10, 2023 •Communications & Engagement update •Rental licensing ordinance •International Property Maintenance Code (IPMC) •Revenue and fees •Implementation timeline Communications & Engagement Plan Phase I –Discovery and Socialization •Experience Eagan article •Social media •City website Phase II –Engagement •Stakeholder survey •Facilitated conversation •Outreach to HOA’s •ArtSpark and Market Fest •National Night Out informational packets •HomeLine and MN Multihousing Communications & Engagement Plan Phase III –Education and Impact •Benefits of rental licensing •Feedback from community engagement •Experience Eagan, EBN, and social media Phase IV –Implementation, Requirements, and Compliance •Direct outreach to rental owners •Print and digital media tools •Two stages •Transparency prior to Council action •Education following adoption and prior to implementation Rental Licensing Ordinance Exemptions from rental licensing •Rental to qualifying relatives •Snowbirds •Cooperative housing •Housing licensed by the State of Minnesota •Accommodations granted under Fair Housing Act •Rental of rooms •Contracts for Deed •Active-duty military service Rental Licensing Ordinance The licensee shall: •Provide 24/7/365 contact information for owner or manager •Maintain current roster of tenants •Post licenses in units or common areas •Allow access to candidates for public office •Provide tenants 24 hours’ notice of inspections •Use written lease agreements •Use MN Crime Free Housing Lease Addendum •Conduct a criminal background check on prospective tenants •Comply with manager background check requirements •Attend regular rental housing training provided by City Rental Licensing Ordinance •Licenses must be renewed annually •Licenses are not transferable •Background checks and application fee for new licensees •Waived for owners of current registered rentals •Conversion fee for new rentals of owner-occupied dwellings •Waived for owners of current registered rentals •Delinquent property taxes, fees, or assessments are grounds for non- renewal, suspension, or revocation •Inspections •Every three years, new licenses, complaints •Reinspection fee for second re-inspection •Multiple uncorrected maintenance violations are grounds for non- renewal, suspension, or revocation Rental Licensing Ordinance Non-renewal, suspension, or revocation •Right to a hearing before a hearing officer appointed by Council •Hearing officer will issue findings of fact regarding violation •Council makes final determination and takes action •Rent payable during suspension or revocation may be paid into escrow and used to abate violations •No vacant units may be rented during suspension or revocation •Council decision may be appeal to MN Court of Appeals International Property Maintenance Code Most rental licensing cities amend and adopt the IPMC •Published by International Code Council •International Building Code (IBC) focused on building construction •IPMC focused on building and property maintenance •Adoption of IPMC allows City to issue corrections for internal and external maintenance violations which are not addressed in the Building Code •Edited to delete redundancies with existing City Code IPMC may be used to address maintenance complaints at hotels, retail centers, etc. Expenses Annual Expenses –approximately $410,000 in year 3 (2025) •2.5 FTE •Vehicles –fuel and maintenance •Annual software licensing •Supplies, equipment, training, credit card fees Annual startup operating gap of $72,000 to $137,000 depending on fee model Startup capital costs •Vehicles (2) and software •Excluded from revenue models •May be ARPA eligible 65% 88%92% 101% 0 20 40 60 80 100 120 Bloomington Burnsville Edina Brooklyn Park Maplewood Comparable Licensing Programs $410,000: Year three expenses (2025) Singles 126 Condo 99 MF 154+11 Singles 175 Apt 160+15 TH 100+15 Singles 180 MF 180+17 Singles 150 MF 200+25 Singles 150 MF 150+50 136% 75% 85% 95%100% 0 10 20 30 40 50 60 70 80 90 100 $98,000 levy-funded $56,000 levy-funded $21,000 levy-funded $0 levy-funded Eagan Licensing Fee Scenarios $410,000: Year three expenses (2025) Singles 125 MF 180+16 Singles 145 MF 190+18 Singles 160 MF 200+20 Singles 180 MF 200+20 Implementation Timeline February 21 City Council approval of job descriptions and authorization to post Senior Property Maintenance Inspector position March 21 City Council consideration of rental licensing ordinances May Business licensing software implementation and on-boarding of Senior Property Maintenance Inspector July 1 Program implementation with phased roll-out based on unit type and location Policy Questions 1.Does the City Council desire changes to the draft rental licensing ordinance? 2.Should staff proceed with place the City Code amendments to adopt the rental licensing ordinance and the IPMC on the March 21 regular City Council agenda? 3.Does the City Council have questions regarding the tentative implementation timeline? 4.Should the City proceed with Phase IV of the Communications & Engagement Plan? 5.Which fee scenario does the City Council prefer? 1 ORDINANCE NO. ___ 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED “OTHER BUSINESS REGULATION AND LICENSING” BY DELETING SECTION 6.55 REGARDING RENTAL PROPERTY REGISTRATION AND BY ADDING A NEW SECTION 6.55 REGARDING RESIDENTIAL RENTAL PROPERTY LICENSING & REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Chapter 6 of the Eagan City Code is hereby amended by deleting Section 6.55 in its entirety. Section 2. Chapter 6 of the Eagan City Code is hereby amended by adding a new Section 6.55 to read as follows: Section 6.55 LICENSING OF RENTAL DWELLINGS Subd. 1. Purpose. It is the purpose of this chapter to protect the public health, safety and welfare of the city by adopting a rental dwelling licensing, inspection, and maintenance program that corrects substandard conditions, maintains standards for existing and newly constructed rental dwellings, and ensures neighborhood stability in the city. The operation of rental properties is a business enterprise that includes certain responsibilities. Rental dwelling owners and managers are responsible to take such reasonable steps as are necessary to ensure that the residents who occupy such rental units, as well as neighboring properties, may pursue the quiet enjoyment of the normal activities of life in surroundings that are safe, secure, sanitary, free from noise, nuisances and annoyances, and free from unreasonable fears about safety of persons and property. Subd. 2. Definitions. For the purposes of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Community Development Director means the City of Eagan Community Development Director or his or her designee. Dwelling means as the term is defined in Chapter 11 of this Code. Let or rent means to permit possession or occupancy of a dwelling by a person, who is not the legal owner of record thereof, for residential purposes for payment of a fee or other compensation to the owner under a lease or contract, written or verbal. 2 Licensee means the person who holds a valid, current, unexpired license pursuant to this Section, which is neither revoked nor under suspension. Manager means any person who has been delegated by the property owner to have the charge, care or control of the rental dwelling and who has or would have the means, within the scope of the individual’s duties, to enter or have access to a tenant’s dwelling unit. Multiple rental dwelling means four (4) or more single household dwelling units that are contiguously attached by common walls and owned by the same person. Occupant means a person who occupies, resides, or is in actual possession of a dwelling or any portion of a dwelling. Operate means to charge a rental charge, fee or other form of monetary or non-monetary compensation for the use of a rental dwelling. Owner means a person who, either individually or jointly, holds legal title or interest in real property, as may be recorded in the Dakota County Property Records Office. Person means and includes a natural person, corporation, firm, association, company, partnership, organization, or any other legal entity. Qualifying relative means an owner's spouse, significant other/domestic partner, parent, stepparent, child, stepchild, grandparent, grandchild, brother, sister, uncle, aunt, nephew or niece. This relationship may be either by blood, marriage or adoption. Rental dwelling means a dwelling that is let or rented to another person(s) who is not the owner or qualifying relative of the owner of the dwelling. Rental dwelling inspection certificate means a certificate issued by the Community Development Director after the rental dwelling has passed a rental dwelling inspection in accordance with the provisions of this Section. Single rental dwelling means a single detached dwelling or up to three contiguously attached dwelling units all of which are owned by the same person. Tenant means a person who is an occupant of, but does not own, a dwelling for residential purposes, for payment of a fee or other compensation to the owner under a lease or contract, written or verbal. Subd. 3. License required. A. General rule. No person may operate a rental dwelling in the city without first obtaining and holding a valid license therefor from the City. 3 B. Scope of Application; Exemption from license requirements. This Section does not apply, and no license is required hereunder when: 1. The residential dwelling is occupied by the owner or the owner's qualifying relative(s). 2. The dwelling is rented for a period of not less than 30 days and not more than 120 consecutive days and the owner occupies the dwelling during the remainder of the calendar year. 3. The dwelling or building is a cooperative or is licensed or registered by the State of Minnesota for residential program housing as the term is defined in Chapter 11 of this Code, long- term care facility, or for lodging accommodations, including hotels, motels, or resorts. 4. A dwelling or other facility for which a reasonable accommodation has been granted by the city under the Federal Fair Housing Amendments Act of 1988. 5. The tenant lets or rents a bedroom within a dwelling, provided the owner occupies the dwelling for 12 months per year and the owner and tenant(s) reside within the dwelling as a single household unit, sharing all living space areas and amenities within the dwelling except for respective bedrooms. 6. The occupant is a contract for deed vendee and the contract conveyance is duly recorded with the Dakota County Recorder’s Office. 7. The dwelling is let or rented only during the period of time that the owner is absent and not occupying the dwelling due to owner’s deployment under his/her active-duty military service. This Paragraph B does not allow and shall not be construed as to allow short-term rentals for traveler lodging accommodation purposes which are commonly provided through house sharing platforms such as “Airbnb,” “VRBO,” and other vacation home rentals websites. C. Effective Date for Existing Rental Dwelling. The applicability of the provisions in this Section for any rental dwelling/property within the city that existed as of the effective date of this Ordinance shall be effective pursuant to the implementation schedule adopted by the Community Development Director. All owners of rental dwellings within the city are subject to the license application deadlines as determined by the adopted implementation schedule. Failure to comply with the license application deadline for the owner’s rental dwelling licensing shall be deemed a violation of this Section and subject to late fees and penalty fees as otherwise provided in this Section. Subd. 4. License Application requirements. A. Application. The owner of a rental dwelling shall submit a completed application upon the form(s) prescribed by the City. All questions asked or information required by the application forms shall be answered fully and completely by the applicant. Failure to answer all questions or provide all information and certified statements as required on the application form is grounds for denial of the license. Renewal applications shall be submitted by an owner on a renewal 4 application form provided by the city and by the prescribed deadline for renewal as noticed by the city. The owner shall notify the Community Development Director in writing within 30 days of any changes to the information provided on the licensee’s application. As part of the license application, the applicant shall provide the following information: 1. The name, address, telephone number, e-mail address, and date of birth of all owners of the real property on which is proposed to be used as a rental dwelling. 2. The name, address, telephone number, e-mail address, and date of birth of a designated manager if the owner resides outside of the Twin Cities metropolitan service area. 3. The street address of the proposed rental dwelling, the number of dwelling units and types of units (single family home, condominium, apartment, townhome, etc.) within the rental dwelling. If the rental dwelling falls within the definition of multiple rental dwelling unit for licensing and license fee purposes, then the number of buildings with the number of dwelling units therein shall be provided. 4. The license applicant shall provide contact information for the following people, who shall be available to city officials by telephone 24 hours/day and 365 days/year: a. At least one owner of the rental dwelling; and b. At least one manager, if different from the owner; or c. If the owner uses a property management company for management of the rental dwelling, then the person employed by the property management company responsible for managing the proposed licensed rental dwelling. 5. The social security number or tax identification number, as applicable, of each owner of the real property. 6. The applicant shall complete and duly sign all certification statements required on the application form. Any certification statement not signed or not signed in the affirmative by the applicant shall be grounds for denial of the license. These certification statements include, but are not limited to: a written lease agreement will be utilized for all tenants; tenants will be required to execute a Minnesota Crime Free Housing Lease Addendum; the licensee will conduct an appropriate criminal background check on all tenant applicants; the licensee will comply with the mandates of Minnesota’s Kari Koskinen Manager Background Check Act (Minn. Stat. §§299C.66-299C.71 and as may be amended), the licensee and its manager will attend regular rental housing training as required by the City. B. Application Background Investigation. All applications shall be subject to a background investigation as set forth herein. A background investigation is required for the property owner of the proposed license property, including each individual person having a 5% or more 5 financial interest in the property or the legal entity that owns the property. Notwithstanding, a rental dwelling license application submitted for a first-time license by the owner of a rental property who has the property properly registered with the City as of the effective date of this Ordinance will not be subject to a background investigation. C. License Fee and Other Fees & Penalties. 1. The application fee and rental dwelling license fee shall be remitted to the City, along with the application. The application fee is non-refundable. Notwithstanding, the application fee will not be required to be paid/submitted with a license application for a rental dwelling/property that was properly registered as a rental property with the city, under the name of the current fee owner, as of the effective date of this Ordinance and the license application is timely submitted to the city in accordance with the City’s implementation plan schedule for licenses under this Ordinance. An application fee is not required to be paid for license renewals. 2. A conversion fee shall be paid when an owner-occupied dwelling is converted to a rental dwelling that has not previously been a licensed rental property or was not properly registered as a rental dwelling at the time of the effective date of this Ordinance. The conversion fee shall be remitted to the City with the license application. The conversion fee is non-refundable. A rental property for which a rental dwelling license has been expired for more than one (1) year will be subject to a conversion fee upon application for a new rental license. No conversion fee shall be imposed upon or required to be paid by an applicant if the proposed licensed rental dwelling was properly registered as a rental property with the City as of the effective date of this Ordinance and the owner remits a complete rental dwelling license application for the rental dwelling in accordance with the City’s implementation plan schedule for licenses under this Ordinance. 3. An application is not complete until the foregoing fees are paid in full. 4. The application fee, conversion fee, and license fee(s), and all other fees and penalties as set forth in this Section shall be in an amount as duly adopted by City Council’s resolution. All fees and penalties hereunder may, from time to time, be amended by the council by resolution. The adopted fees and penalties will be set forth in the city's fee schedule. All fees and penalty fees shall be charged to and payable by the licensee. There shall be two license categories defined by the number of rental dwelling units adjoined by common walls in a single building under common ownership of the licensee: (1) single rental dwelling; and (2) multiple rental dwelling, as those terms are defined herein. Subd. 5. Rental dwelling inspection certificate. A licensed rental dwelling shall be subject to an inspection by the City. The rental dwelling inspection is for the purpose of determining whether the licensed rental dwelling complies with the Minnesota State Building Code, the Minnesota State Fire Code, the International Property Maintenance Code as adopted in this Code, all other applicable federal, state, and county laws and regulations, the maintenance standards set forth herein, and the City’s zoning regulations in this Code. 6 A license issued hereunder is subject to and conditioned on the licensed rental dwelling/property being in compliance with the foregoing laws and regulations. Thereafter, licensed rental dwellings will be inspected on a schedule as determined by the Community Development Director. The Community Development Director may adopt an inspection policy for rental dwellings taking into account the property's inspection history, history of compliance with federal, state and local law, and the history of inspections, property maintenance violations, and other code enforcement violations at the property. When a violation or noncompliance is found at the licensed premises during an inspection, the licensee is required to correct or abate the violation no later than the date provided in the City’s written notice of the violation or noncomplying condition. A re-inspection of the licensed premises will be completed after the compliance deadline provided in the notice. If the violation or noncompliance is not corrected or abated, a second compliance deadline will be issued. Upon the second re-inspection, a re-inspection fee will be imposed against and shall be paid by the licensee within 30 days of the date of a notice from the city. The reinspection fee shall be in an amount as duly adopted by Council Resolution and set forth in the City’s Fee Schedule. If the violation or noncompliance is found not to be corrected or abated at the second re-inspection, the licensee may be subject to further license action and penalty fees as provided elsewhere in this Section. Subd. 6. Written tenant application and lease agreement required. The licensee shall screen all potential tenants using a written tenant application. The licensee shall use a written lease agreement for all tenants. The licensee must have all tenants execute a Minnesota Crime Free Housing Lease Addendum. The written tenant application must include sufficient information so that the licensee can conduct an appropriate criminal background check on prospective tenants. The written tenant application and written lease agreement and the Minnesota Crime Free Housing Lease Addendum for each tenant must be kept and maintained by the licensee during the period that the tenant rents or occupies the rental dwelling. Upon request by the Community Development Director, the licensee shall show proof, satisfactory to the city, that the licensee is maintaining the documents required by this section. Failure to use, maintain, or provide these documents to the city upon request is a violation of this Section and of the license. Subd. 7. Changes in ownership. A license hereunder is not transferable. If there is a change in the ownership of the rental dwelling, then the license automatically terminates. The new owner must apply for a new license under this Section prior to the change in ownership. Subd. 8. Changes in the rental dwelling. If changes are made in the number or type of units within the licensed premises, the licensee shall file an application to amend the rental license. Depending on the nature of the changes, the city may require a new property inspection. 7 Subd. 9. Annual license. Licenses issued under this Section shall have a duration period of 12 months. The expiration date of the license is as may be imposed, set, established, and fixed by Community Development Director. A license renewal application must be submitted to the city no less than 60 days prior to the expiration date of the existing license. Subd. 10. Tenant background checks and roster. As a condition of the license, the licensee must, as a continuing obligation, conduct a criminal background check on all prospective tenants and maintain a current roster of tenants and other persons who have a lawful right to occupy the rental dwelling. The licensee must designate the name of the person or persons who will have possession of the roster and must promptly notify the Community Development Director of any change in the identity, address or telephone numbers of the designee. The roster must be available for inspection by city officials upon request. If a person under investigation by the city claims a lawful right to reside at a rental dwelling, the Community Development Director may request to inspect the lease for the unit in which the person claims to reside. Upon such request, the licensee shall provide the lease for inspection. Subd. 11. Notification requirements for public hearings. The licensee must, as a continuing obligation of the license, provide written notice to tenants or in the alternative, post the written notice in the lobby or common area of the rental dwelling for any public hearing notice received by the licensee that pertains to the rental dwelling, the property on which the rental dwelling is located, or any adjacent rights-of-way. Subd. 12. Display of license certificate. Rental licenses must be conspicuously posted as follows: (1) if the unit has a separate private entrance from the exterior of the building directly into the dwelling unit, then the license shall be posted inside the rental dwelling; (2) if the entrance into the unit is from an interior shared, common area/corridor, then the license shall be posted at or near the front entrance of the building, a public corridor or hallway, or lobby of the building for which the license is issued. Subd. 13. Compliance with Minn. Stats. § 211B.20. Licensee must comply with the requirements of Minn. Stats. § 211B.20 (or as may be amended hereafter) and allow political candidates who have filed for election to public office and seek access to tenants of the licensed rental dwelling solely for the purpose of campaigning. Subd. 14. Crime-free rental housing Phase I training required. The licensee or the manager of the rental dwelling must attend all rental housing training course(s) and seminars required by the Community Development Director as a condition of the license. The cost of attending the training requirements under this section shall be paid by the licensee. 8 Course attendance will be required on a schedule to be determined by the Community Development Director. Subd. 15. Responsibility for acts of manager. A licensee is responsible for the acts or omissions of its manager as it pertains to the rental dwelling. Subd. 16. Maintenance standards and Conditions of License. A license under this Section shall be subject to the standard and conditions set forth herein. A. A licensee shall maintain all licensed rental dwellings in compliance with all city regulations in this Code, and all applicable state and federal laws. A violation of any provision in this Section and any of the following City Code chapters constitutes a violation of the license and shall be abated under the provisions of the public nuisance chapter of this City Code: (1) Minnesota Building and Fire Codes (Chapters 4 and 10), (2) Zoning/Land Use Code (Chapter 11), (3) Animals Regulations (Chapter 10), (4) Fire Prevention and Protection Regulations (Chapter 10), (5) Public protection, Crimes and Offenses (Chapter 10), (6) International Property Maintenance Code (Chapter 10) B. Snow and ice removal. Rental dwellings containing four or more dwelling units must remove snowfalls of one inch or more, or successive snowfalls accumulating to a depth of one inch or more, from all walkways, sidewalks and steps within 12 hours of cessation of the snowfall. Rental dwellings containing four or more dwelling units must remove snowfalls of three inches or more, or successive snowfalls accumulating to a depth of three inches or more from parking aisles, parking areas, and drives within 48 hours of cessation of the snowfall. C. Inspections. The building official, fire chief, and police chief, and their respective designees, are authorized to make inspections reasonably necessary to enforce this Section. All authorized inspectors have the authority to enter any rental dwelling or unrented and unoccupied rental dwelling unit at all reasonable times. The City will notify the licensee to schedule the inspection; however it is the responsibility of the licensee to work with the City to ensure the inspection is scheduled and satisfactorily completed. The licensee is responsible for notifying all tenants of the inspection at least twenty-four (24) hours in advance and ensuring access in the tenants’ units for the inspection(s). The City will make reasonable efforts to notify the licensee. The licensee must provide access to the requesting City official at the date and time of the scheduled inspection. Failure to provide access for any reason may result in a reinspection fee, in addition to any other sanctions imposed for noncompliance. The City will not charge a reinspection fee if the owner/manager cooperates with gaining access to occupied units if refused by the tenant. D. Solid waste management. The licensee shall comply with all solid waste management regulations set forth in this Code and it shall be the responsibility of the licensee that all licensed rental 9 dwellings have solid waste disposal services, including recycling services, in accordance with the solid waste management regulations set forth in this Code. E. Other Conditions/Requirements. The licensee shall comply with the following: 1. The licensee shall pay all fees required to be remitted by the applicant/licensee under this section or any violation civil penalty fee that has been imposed against the licensee. 2. The licensee is required to manage and control the activity occurring in a rental dwelling unit under the license and shall be responsible for the city’s response to repeat nuisance service calls and fees, as regulated in Section 10.44 of this Code, at the licensed premises. It shall be deemed as or constitute a violation of the license if the city responds to a nuisance service call at the licensed premises on 6 or more occasions within a period of 365 days. 3. When any tenant(s) in the licensed premises have violated the provisions of the crime free lease addendum or who have otherwise created a nuisance in violation of the provisions of the written lease, the licensee shall take overt steps to abate the nuisance(s) created at the rental dwelling. 4. The licensee shall comply with all other provisions in this Section. Subd. 17. License denial, suspension, or revocation. A. Grounds for denial, suspension, or revocation. The Community Development Director may deny or not renew a license and the city council may suspend or revoke a license hereunder for any of the following reasons which shall constitute a violation of this Section and shall be deemed as conditions of the license: 1. The property or conditions thereon do not comply with the Minnesota State Building Code, the Minnesota State Fire Code, and the International Property Maintenance Code, all of which are adopted elsewhere in this City Code. 2. The property does not comply with the maintenance standards set forth herein above. 3. The licensee has failed to pay any fees required to be remitted by the applicant/licensee under this section or any violation civil penalty fee that has been imposed against the licensee. 4. The licensee has made fraudulent statements, misrepresentations, or false statements in the application or investigation or in regard to any information required by this section. 5. The licensee or manager of the proposed licensed premises has been convicted of a background check crime as that term is defined in Minn. Stats. § 299C.67, subd. 2, (as may be amended from time to time), or any crime related to rental of residential property, and failed to show, by competent evidence, rehabilitation and present fitness to perform the duties of the business. 10 6. The licensed premises has had maintenance standard violations on two or more occasions which the licensee had failed to bring into compliance after proper notice by the City within the term of the license duration or on four or more occasions within a 36-month period. 7. The licensee violated any condition of the license as set forth in this Paragraph or elsewhere in this Section. 8. The applicant, whether a natural person or a corporation, partnership, association, enterprise, business, or firm in which any person who has a financial interest therein has had a license for operation of a rental property revoked by the City or any other jurisdiction within five years of the license application hereunder, or to any person who at the time of the license revocation owned any interest, whether as a holder of more than five percent of the capital stock of a corporate licensee, as a partner or otherwise, in the premises or in the business conducted thereon. 9. Failure to schedule or allow inspections of the licensed premises for the purpose of ensuring compliance with rental licensing requirements and the maintenance standards set forth herein. 10. County property taxes or any fees, assessments or service charges lawfully imposed by the City in connection with the proposed rental property are delinquent. B. The city council may either revoke a license or suspend a license, or impose a civil penalty for each violation, or a combination thereof. If a license is determined to be suspended, then the Council shall a set period of time for the suspension and may impose conditions for reinstatement of the license as it deems necessary. C. Notice & Hearing for Suspension or Revocation of License. A licensee subject to suspension or revocation of its license shall first have a right to notice and a hearing before a hearing officer, as appointed by Council, in accordance with the notice and hearing provisions set forth herein. 1. Notice. The city will provide to the licensee written notice of intended action on the license. The notice shall provide the grounds for the proposed license action, the licensee’s right to a hearing before the hearing officer on the exclusive issue of the grounds for the proposed license action, and the procedures for licensee to file a request for hearing. The notice may be served upon the licensee personally, or sent by U.S. Mail to the address listed on the license application. 2. Hearing. A hearing will be conducted by a hearing officer appointed by the council. A hearing shall be pursuant to the Minnesota Administrative Procedure Act. The licensee right to a hearing is subject to the licensee timely filing a request for hearing with the city clerk. No hearing will be held unless the licensee files a request for hearing with the city clerk within ten (10) business days of the date of the notice of the license action or civil penalty. Upon receipt of a request for hearing, the city clerk shall schedule a hearing before a hearing officer at the earliest date that is available for the hearing officer, but in no case later than 60 days from the date of the licensee’s request for hearing. In the event that the licensee fails to timely request a hearing or fails to appear at a scheduled hearing, the licensee shall be deemed to have waived his/her right to a hearing and shall be subject to the license action or civil penalties imposed hereunder. 11 If the licensee timely requests a hearing, the hearing shall be held before the hearing officer within 60 days of the date the licensee files a request for hearing with the city clerk. Upon conclusion of the hearing, the hearing officer shall issue written findings of fact and conclusions as to whether (1) a violation has occurred; and (2) the penalty imposed is in accordance the provisions of this Section. The hearing officer’s Findings and Conclusions shall be forwarded to the city council for consideration and council will make the final determination and take formal action on the license. Any hearing before the city council for consideration of additional penalties as prescribed herein shall be in addition and subsequent to any hearing before the hearing officer. E. Final decision. Following the hearing, the council may revoke or suspend the license for all or any part of the licensed premises, may stay the revocation or suspension upon such terms and conditions as it deems reasonable and necessary to accomplish the purposes of this chapter, or grant or continue the license. If the council suspends or revokes the rental license, the council may also order that any rent payable during the suspension or revocation period be paid into an escrow account to be maintained by the city. The city may use the escrowed funds to pay for the cost of abating violations at the property. Funds that remain in the escrow account after paying for abatement items shall be returned to the licensee upon the licensee receiving a valid rental license or upon the sale of the rental to an unrelated purchaser and after the rental dwelling has been brought into full compliance with City Code. The decision by the city council following a hearing is final. Upon a decision to suspend a license, no new application from the current licensee for the same rental dwelling will be accepted for a period of time specified in the council's decision, not exceeding one year. A decision to revoke a license will result in no new application being accepted from the same licensee for a minimum of 24 months. Any appeal of the city council's decision under this section shall be pursuant to a petition for writ of certiorari to the Minnesota Court of Appeals in accordance with Minnesota Statutes governing administrative procedures and the Minnesota Rules of Civil Appellate Procedure. F. Appeal of decision to deny or not renew license. If the Community Development Director denies or does not renew a license, the licensee shall be notified in writing, specifying the reasons for denying or not renewing the license. If the licensee corrects the conditions leading to the denial or non-renewal within seven days, the Community Development Director shall issue the license. A licensee whose license has been denied or not renewed by the Community Development Director may appeal the decision by filing with the Community Development Director a written notice of appeal within fourteen (14) days of receiving notice of the Community Development Director's decision. The hearing will be conducted pursuant to the foregoing provisions in this Subdivision. G. Notification to tenants. Upon denial of renewal, suspension, revocation or other enforcement action of a license, the city will notify all tenants of the licensed premises of the action against the license. If the license is revoked or suspended the licensee may not let, rent or allow to be occupied any vacant dwelling units, or dwelling units that become vacant during the revocation or suspension period. 12 Subd.18. Posted Order to Vacate. Whenever any rental dwelling is found to be unsafe, as defined by the Minnesota State Building and Fire Codes, the City’s Chief Building Official and Fire Chief has the authority to issue an Order to Vacate the licensed premises. Upon the posting of an Order to Vacate on a licensed premises, the licensee has the duty to vacate the license premises and to notify and ensure all tenants are removed from the premises. Subd. 19. Rules, policies, and procedures. By resolution the city council may adopt rules, policies, and procedures for the implementation of this Section. A licensee is obligated, as a condition of its license hereunder, to comply with all rules, policies and procedures duly adopted by Council. Any violation of any adopted rule, policy, or procedure by a licensee is deemed as a violation of this Section and the license. Subd. 20. Fair Housing Act. Licensee shall adhere to the requirements of the federal Fair Housing Act, also known as Title VIII of the Civil Rights Act of 1963, and all amendments thereto. Subd. 21. License Violation and Civil Penalty. A. Violation. For this section, a violation shall be defined as any failure to comply with a state statute or regulation or any provision of the City Code relating to operation of rental property, property maintenance and land use. Any employee, official or law enforcement officer of the City who becomes aware of a violation, regardless of whether any action is taken to issue an oral or written warning, a citation or a complaint, may prepare a written report of the violation. The written report shall be provided to the Community Development Director who shall send a copy to the licensee. A violation by an officer, employee or agent of the licensee, including the manager, shall be deemed to be a violation by the licensee. B. Penalty. Upon a finding that the licensee committed a violation, a civil penalty shall be imposed upon the licensee who shall pay the civil penalty within 30 days of the date of a notice from the city. The civil penalty shall be in an amount as duly adopted by Council Resolution and set forth in the City’s Fee Schedule. The amount of the civil penalty may be in graduated amounts based on the number of violations within set certain period of time, as determined by Council Resolution. No civil penalty imposed hereunder shall take effect until the licensee has been given an opportunity for a hearing before a hearing officer duly appointed by the city administrator as provided in this section. The imposition of a civil penalty may be in addition to suspension or revocation of a license. C. Failure to pay. If the licensee fails to pay the civil penalty within 30 days of notice, the licensee's license shall be suspended until the civil penalty, plus any surcharge or interest for late payment, is paid in full. A licensee subject to suspension under this paragraph shall first have a right to a hearing before the hearing officer in accordance with the hearing provisions set forth herein, provided the exclusive issue for hearing is the suspension of license for nonpayment of the civil penalty. 13 Section 3. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 4. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. ___” a copy of which is attached hereto clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 5. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council __________________________ ____________________________ By: Elizabeth VanHoose By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: 14 The following is the official summary of Ordinance No. ___ as approved by the City Council of the City of Eagan on ___________: ORDINANCE NO. ___ 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED “OTHER BUSINESS REGULATION AND LICENSING” BY DELETING SECTION 6.55 REGARDING RENTAL PROPERTY REGISTRATION AND BY ADDING A NEW SECTION 6.55 REGARDING RESIDENTIAL RENTAL PROPERTY LICENSING & REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. Section 6.55, governing registration of residential rental property, is deleted in its entirety. A new Section 6.55 is added to require a license for residential rental property and to establish application and approval process, regulations related and condition of the license and grounds for denial, suspension or revocation of licenses. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota 55122. Effective date. This ordinance shall take effect upon its passage and publication. ORDINANCE NO. ___ 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED “PUBLIC PROTECTION, CRIMES AND OFFENSES” BY AMENDING SECTION 10.51 REGARDING OUTDOOR STORAGE OF JUNK VEHICLES AND OTHER HOUSEHOLD GOODS AND ITEMS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. The City Council of the City of Eagan does ordain: Section 1. Chapter 10 of the Eagan City Code is hereby amended by revising Section 10.51 to read as follows: Sec. 10.51. - Junk vehicles, furniture, household furnishings and appliances stored outdoors on public or private property. It is unlawful to park or store outdoors (1) any motor vehicle, as defined by Minn. Stats. chs. Chapters 168 and 169, that is unlicensed, unregistered, inoperable or displaying expired registration tabs, or parts or components thereof; or (2) any household good, furnishings, or appliances;, or parts or components thereof, that is not customarily used or stored outdoors and in an apparent state of discard or otherwise no longer used for the purposes for which it was manufactured, designed, etc.; or (3) machinery, equipment, or other material(s) that is in a state of disrepair, inoperability, or otherwise ruination on any property, public or private, unless housed within a lawfully erected building. Any violation of this section is declared to be a public nuisance. The abatement of the public nuisance shall be in accordance with this chapter. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 10.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council __________________________ ______________________________ By: Elizabeth VanHoose By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: ORDINANCE NO. ___ 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER TEN ENTITLED “PUBLIC PROTECTION, CRIMES AND OFFENSES” BY DELETING SECTION 10.53 REGARDING BUILDING AND STRUCTURE SAFETY AND APPEARANCE REGULATIONS AND BY ADDING A NEW SECTION 10.53 REGARDING ADOPTION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE, AS AMENDED HEREIN; AND BY ADDING A NEW SECTION 10.54 REGARDING STORAGE OF FIREWOOD; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 10.99. The City Council of the City of Eagan does ordain: Section 1. Chapter 10 of the Eagan City Code is hereby amended by deleting Section 10.53 in its entirety. Section 2. Chapter 10 of the Eagan City Code is hereby amended by adding a new Section 10.53 to read as follows: Sec. 10.53. International Property Maintenance Code adopted. The International Property Maintenance Code (IPMC) (2021), and any amendments thereto established and adopted from time to time by the International Code Council, is hereby adopted by reference as though set forth verbatim herein, except as amended which is indicated by added language underlined and deleted language redacted or replaced by added language as fully provided in Exhibit A attached hereto and made a part hereof. One copy of the adopted IPMC, as amended herein, shall be marked CITY OF EAGAN— OFFICIAL COPY and kept on file in the protective inspections department and open to inspection and use by the public. A violation of or failure to comply with any provision of the IPMC as adopted herein shall be unlawful and shall constitute a public nuisance subject to abatement as set forth elsewhere in this Chapter. Section 3. Chapter 10 of the Eagan City Code is hereby amended by adding a new Section 10.54 to read as follows: Sec. 10.54. Storage of Firewood. A. The term firewood shall mean split wood or unsplit wood logs cut into lengths not exceeding three feet for the purpose of burning for a fireplace or a recreational fire on the property. B. Firewood shall be kept or stored outdoors in accordance with the following requirements. 2 1. Firewood shall be stored or kept in neat and secure stacks (maximum of four stacks), each of which shall be no higher than five feet, with the combined firewood stacks not exceeding a volume equal to five feet high by ten feet wide by 20 feet long. The firewood stacks shall be elevated at least three and one-half inches above grade. 2. Unless screened by a solid fence or wall, stacks shall not be closer than five feet to the property line. 3. The firewood stacks shall not be infested with rats, rodents, vermin, or insects. 4. The firewood shall not be stored in the front yard or yard that is commonly considered the front yard of any lot. 5. Fallen, uncut trees may be stored for up to 30 days. 6. The firewood shall be located no closer than five feet to an inhabited building or structure. For purposes of this Section, an attached or detached garage shall not be considered an inhabited building or structure. C. A violation of this Section is unlawful and shall constitute a public nuisance. Section 4. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 10.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 5. Summary approved. The City Council hereby determines that the text of the summary marked "Official Summary of Ordinance No. ___” a copy of which is attached hereto clearly informs the public of the intent and effect of the ordinance. The City Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 6. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council __________________________ ______________________________ By: Elizabeth VanHoose By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: 3 The following is the official summary of Ordinance No. ___ 2nd Series passed by the City Council of Eagan on ___________, 2023: ORDINANCE NO. ___ 2ND SERIES Section 10.53, governing building and structure safety and maintenance regulations is deleted in its entirety. A new Section 10.53 is added to adopt the 2021 International Property Maintenance Code (IPMC) which shall be applicable to all residential and nonresidential structures and property within the City. The IPMC, as adopted herein, is amended to incorporate and delete specific provisions as is applicable to the City of Eagan and as determined to be a part of the city’s property maintenance regulations. A new Section 10.54 is added to retain the storage of firewood regulations which were set forth in Section 10.53 that is deleted by this Ordinance. A printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk at the Eagan Municipal Center, 3830 Pilot Knob Road, Eagan, Minnesota 55122. Effective date. This ordinance shall take effect upon its passage and publication. 4 EXHIBIT A 5 6 Chapter 1 Scope and Administration PART 1 — SCOPE AND APPLICATION SECTION 101. SCOPE AND GENERAL REQUIREMENTS 101.1 Title. These regulations shall be known as the International Property Maintenance Code of City of Eagan, hereinafter referred to as “this code.” 101.2 Scope. The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for a reasonable level of sanitary maintenance; the responsibility of owners, an owner’s authorized agent, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. 101.3 Purpose. The purpose of this code is to establish minimum requirements to provide a reasonable level of health, safety, property protection and general welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a reasonable minimum level of health, safety and general welfare as required herein. 101.4 Severability. If a section, subsection, sentence, clause, or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. SECTION 102. APPLICABILITY 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Where, in a specific case different sections of this code specify different requirements, the most restrictive shall govern. 102.2 Maintenance. Equipment, systems, devices, and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered , or repaired shall be maintained in good working order. An owner, owner’s authorized agent, operator or occupant shall not cause any service, facility, equipment, or utility that is required under this section to be removed from, shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner’s authorized agent shall be responsible for the maintenance of buildings, structures and premises. 7 102.3 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 Eagan City Code and the Minnesota State Building Code and Minnesota State Fire Code, as both are adopted in the Eagan City Code International Building Code, International Existing Building Code, International Energy Conservation Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, International Plumbing Code and NFPA 70. Nothing in this code shall be construed to cancel, modify or set aside any provision of the International Zoning Code. 102.4 Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure that is dangerous, unsafe, and insanitary. 102.5 Workmanship. Repairs, maintenance work, alterations or installations that are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer’s instructions. Structural analysis. Where structural analysis is used to determine if an unsafe structural condition exists, the analysis shall be permitted to use nominal strengths, nominal loads, load effects, required strengths and limit states in accordance with the requirements under which the structure constructed or in accordance with any subsequent requirement. 102.7 Historic buildings. The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings where such buildings or structures are judged by the code official to be safe and in the public interest of health, safety, and welfare. 102.8 Referenced codes and standards. The codes and standards referenced in this code shall be those that are set forth in the Eagan City Code and the Minnesota State Building Code and Minnesota State Fire Code, as adopted in the Eagan City Code listed in Chapter 8 and considered part of the requirements of this code to the prescribed extent of each such r eference and as further regulated in Sections 102.8.1 and 102.8.2. Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing shall apply. 102.8.1 Conflicts. Where conflicts occur between provisions of this code and the referenced standards, the provisions of this code shall apply. 102.8.2 Provisions in referenced codes and standards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard. 102.9 Requirements not covered by code. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure, or equipment, or for the public safety, health, and general welfare, not specifically covered by this code, shall be determined by the code official. 8 102.10 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code. 102.11 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state, or federal law. PART 2 — ADMINISTRATION AND ENFORCEMENT SECTION 103. CODE COMPLIANCE AGENCY ENFORCEMENT AUTHORITY 103.1 Creation of agency enforcement authority. The Eagan Building Inspections Department is hereby created delegated the authority to enforce this code and the chief building official in charge thereof shall be known as the code official for purposes of this code. The function of the agency enforcement authority shall be the implementation, administration, and enforcement of the provisions of this code. 103.2 Appointment. The code official shall be appointed by the chief appointing authority of the jurisdiction. 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the code official shall have the authority to appoint a deputy code official, other related technical officers, inspectors, and other employees. Such employees shall have powers as delegated by the code official. SECTION 104. FEES 104.1 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as established by the applicable governing authority duly adopted Council Resolution. 104.2 Refunds. The code official is authorized to establish a refund policy. SECTION 105. DUTIES AND POWERS OF THE CODE OFFICIAL 105.1 General. The code official is hereby authorized and directed to enforce the provisions of this code. The code official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code. 105.2 Inspections. The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report on unusual technical issues that arise, subject to the approval of the appointing authority. 9 105.3 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duti es imposed by this code, provided that if such structure or premises is occupied the code official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner, owner’s authorized agent or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry. 105.4 Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. 105.5 Notices and orders. The code official shall issue all necessary notices or orders to ensure compliance with this code. 105.6 Department records. The code official shall keep official records of all business and activities of the department specified in the provisions of this code. Such records shall be retained in the official records for the period required for retention of public records. 105.7 Liability. [Deleted ~ governed by Minnesota state law] 105.7.1 Legal defense. [Deleted~ governed by Minnesota state law] SECTION 106. APPROVAL 106.1 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifications for individual cases upon application of the owner or owner’s authorized agent, provided that the code official shall first find that special individual reason makes the strict letter of this code impractical, the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files. 106.2 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method of construction is not approved, the code official shall respond in writing, stating the reasons why the alternative was not approved. 10 106.3 Required testing. Whenever there is insufficient evidence of compliance with the provisions of this code or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests to be made as evidence of compliance without expense to the jurisdiction. 106.3.1 Test methods. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall be permitted to approve appropriate testing procedures performed by an approved agency. 106.3.2 Test reports. Reports of tests shall be retained by the code official for the period required for retention of public records. 106.4 Used material and equipment. Materials that are reused shall comply with the requirements of this code for new materials. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested where necessary, placed in good and proper working condition and approved by the code official. 106.5 Approved materials and equipment. Materials, equipment and devices approved by the code official shall be constructed and installed in accordance with such approval. 106.6 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. SECTION 107. MEANS OF APPEAL 107.1 General. An order, decision or determination made by the code official relative to the application and interpretation of this code may be appealed by the property owner. An appeal shall have a hearing before a hearing officer duly appointed by the Eagan City Administrator. In order to hear and decide appeals of orders, decisions or determinations made by the code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the applicable governing authority and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the code official. 107.2 Limitations of authority Appeal Application. A property owner who seeks to appeal an order, decision or determination made by the code official shall file an appeal application with the city clerk within ten business days of the date of the written order, decision or determination of the code official to which the appeal is taken. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equivalent or better form of construction is proposed. The board shall not have authority to waive requirements of this code or interpret the administration of this code. 107.3. Appeal Hearing. A hearing on the appeal shall be pursuant to the Minnesota Administrative Procedure Act. No hearing will be held unless the property owner files an 11 appeal application with the city clerk within ten business days of the date of the written order, decision or determination of the code official to which the appeal is taken. Upon receipt of an appeal application, the city clerk shall schedule a hearing before a hearing officer. In the event that the property owner fails to timely file an appeal or fails to appear at a scheduled appeals hearing, the property owner shall be deemed to have waived his/her right to the appeal and shall be subject to the order, determination or decision of the code official. If the property owner timely files an appeal, the appeal hearing shall be held before the hearing officer within 60 days of the date the filed appeal. Upon conclusion of the appeal hearing, the hearing officer shall issue written findings of fact and conclusions as to whether the code official’s order, decision or determination is upheld or overruled. The decision of the hearing officer is binding on the City and the property owner, and each shall take immediate action to comply with the decision of the hearing officer. The hearing officer shall not have authority to waive requirements of this code or interpret the administration of this code. 107.3 Qualifications. The board of appeals shall consist of members who are qualified by experience and training and are not employees of the jurisdiction. 107.4 Administration. The code official shall take immediate action in accordance with the decision of the board. SECTION 108. BOARD OF APPEALS [Deleted and replaced with the City’s hearing procedures as set forth in Section 107 above]. SECTION 109. VIOLATIONS [Deleted as violation and enforcement regulations are governed by the enabling Ordinance which adopted this code and elsewhere in the Eagan City Code]. SECTION 110. STOP WORK ORDER 110.1 Authority. Where the code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the code official is authorized to issue a stop work order. 110.2 Issuance. The stop work order shall be in writing and shall be given to the owner of the property, to the owner’s authorized agent, or to the person performing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The sto p work order shall state the reason for the order and the conditions under which the cited work is authorized to resume. 110.3 Emergencies. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. 110.4 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 subject to fines established by the authority having jurisdiction. 12 SECTION 111. UNSAFE STRUCTURES AND EQUIPMENT 111.1 Unsafe conditions. 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 condemned pursuant to the provisions of this code. 111.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. 111.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure that is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure. 111.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. 111.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law. 111.1.5 Dangerous structure or premises. For the purpose of this code, any structure or premises that has any or all of the conditions or defects described as follows shall be considered to be dangerous: 1. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing buildings. 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress. 3. Any portion of a building, structure or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged. 4. Any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in 13 place so as to be capable of resisting natural or artificial loads of one and one-half the original designed value. 5. The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way. 6. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy. 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their danger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. 8. Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety. 9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. 10. Any building or structure, because of a lack of sufficient or proper fire-resistance-rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health. 11. Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public. 111.2 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 a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner or owner’s authorized agent 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 charged against the real estate upon which the structure is located and shall be a lien upon such real estate and shall be collected by any other legal resource. 111.2.1 Authority to disconnect service utilities. The code official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 102.8 in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has 14 been made without approval. The code official shall notify the serving utility and, whenever possible, the owner or owner’s authorized agent and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection the owner, owner’s authorized agent or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter. 111.3 Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition. 111.4 Notice. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 111.4.1 and 111.4.2 to the owner or the owner’s authorized agent, for the violation as specified in this code. Notices for condemnation procedures shall comply with this section. 111.4.1 Form. Such notice 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 owner’s authorized agent of the right to appeal. 6. Include a statement of the right to file a lien in accordance with Section 109.3. 111.4.2 Method of service. Such notice shall be deemed to be properly served where a copy thereof is served in accordance with one of the following methods: 1. A copy is delivered personally. 2. A copy is sent by certified or registered U.S. mail addressed to the owner at the mailing address listed with the Dakota County Property Records Office last known address with the return receipt requested. 3. A copy is delivered in any other manner as prescribed by local law. If the certified or registered letter notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner’s agent or upon the person responsible for the structure shall constitute service of notice upon the owner. 111.5 Unauthorized tampering. Signs, tags or seals posted or affixed by the code official shall not be mutilated, destroyed or tampered with, or removed without authorization from the code official. 111.6 Transfer of ownership. [Deleted]. 15 111.7 Placarding. Upon failure of the owner, owner’s authorized agent or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word “Condemned” and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. Such notice shall be posted in a conspicuous place in or about the structure affected by such notice. If the notice pertains to equipment, it shall be placed on the condemned equipment. 111.7.1 Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code. 111.8 Prohibited occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or owner’s authorized agent who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code. 111.9 Restoration or abatement. The structure or equipment determined to be unsafe by the code official is permitted to be restored to a safe condition. The owner, owner’s authorized agent, operator or occupant of a structure, premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action. To the extent that repairs, alterations, or additions are made or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions, or change of occupancy shall comply with the requirements of the International Existing Building Code Minnesota State Building and Fire Codes. SECTION 112. EMERGENCY MEASURES 112.1 Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure that endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: “This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official.” It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. 112.2 Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; 16 and shall cause such other action to be taken as the code official deems necessary to meet such emergency. 112.3 Closing streets. When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized. 112.4 Emergency repairs. For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible. 112.5 Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises or owner’s authorized agent where the unsafe structure is or was located for the recovery of such costs. 112.6 Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code. SECTION 113. DEMOLITION [Deleted. Demolition or razing of hazardous buildings or conditions are governed by Minnesota state law and the Minnesota State Building Code] CHAPTER 2 DEFINITIONS SECTION 201. GENERAL 201.1 Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter. 201.2 Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular. 201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in Eagan City Code and the Minnesota State Building Code and Minnesota State Fire Code, as both are adopted in the Eagan City Code the International Building Code, International Existing Building Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Plumbing Code, International Residential Code, International Zoning Code or NFPA 70, such terms shall have the meanings ascribed to them as stated in those codes. Exception: When used within this code, the terms unsafe and dangerous shall have only the meanings ascribed to them in this code and shall not have the meanings ascribed to them by the International Existing Building Code. 17 201.4 Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. 201.5 Parts. Whenever the words “dwelling unit,” “dwelling,” “premises,” “building,” “rooming house,” “rooming unit,” “housekeeping unit” or “story” are stated in this code, they shall be construed as though they were followed by the words “or any part thereof.” SECTION 202. GENERAL DEFINITIONS ANCHORED. Secured in a manner that provides positive connection. APPROVED. Accepted in writing by the code official. BASEMENT. That portion of a building that is partly or completely below grade. Any area of a structure, including crawl spaces, having its floor or base sub -grade (below ground level) on all four sides, regardless of the depth of excavation below ground level. BATHROOM. A room containing plumbing fixtures including a bathtub or shower. BEDROOM. Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit. CODE OFFICIAL. The official who is charged with the administration and enforcement of this code, or any duly authorized representative. CONDEMN or CONDEMNATION. To be determined to be unfit for use or occupancy. [Revised]. COST OF DEMOLITION OR EMERGENCY REPAIRS. The costs shall include the actual costs of the demolition or repair of the structure less revenues obtained if salvage was conducted prior to demolition or repair. Costs shall include, but not be limited to, expenses incurred or necessitated related to demolition or emergency repairs, such as asbestos survey and abatement if necessary; costs of inspectors, testing agencies or experts retained relative to the demolition or emergency repairs; costs of testing; surveys for other materials that are controlled or regulated from being dumped in a landfill; title searches; mailing(s); postings; recording; and attorney fees expended for recovering of the cost of emergency repairs or to obtain or enforce an order of demolition made by a code official, the governing body or board of appeals. DETACHED. When a building or structural element is physically separate and disconnected from another building or structure and that connection is necessary to provide a positive connection. [Revised]. DETERIORATION. To weaken, disintegrate, corrode, rust or decay and lose effectiveness. DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lot or lots. 18 EMERGENCY ESCAPE AND RESCUE OPENING. An operable exterior window, door or other similar device that provides for a means of escape and access for rescue in the event of an emergency. EQUIPMENT SUPPORT. Those structural members or assemblies of members or manufactured elements, including braces, frames, lugs, snuggers, hangers or saddles, that transmit gravity load, lateral load and operating load between the equipment and the structure. EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or operators of such premises GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food. GUARD. A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level. HABITABLE SPACE. Space in a structure building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces. HISTORIC BUILDING. Any building or structure that is one or more of the following: 1. Listed or certified as eligible for listing, by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places, in the National Register of Historic Places. 2. Designated as historic under an applicable state or local law. 3. Certified as a contributing resource within a National Register or state or locally designated historic district. HOUSEKEEPING UNIT. A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating that does not contain, within such a unit, a toilet, lavatory and bathtub or shower. IMMINENT DANGER. A condition that could cause serious or life-threatening injury or death at any time. INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rodents, vermin or other pests. INOPERABLE MOTOR VEHICLE. A vehicle that cannot be driven upon the public streets for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power. [Regulated elsewhere in City Code] LABELED. Equipment, materials or products to which have been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, approved agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and whose labeling indicates either that the equipment, 19 material or product meets identified standards or has been tested and found suitable for a specified purpose. LET FOR OCCUPANCY or LET. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land. To permit possession or occupancy of a dwelling by a person, who is not the legal owner of record thereof, for residential purposes for payment of a fee or other compensation to the owner under a lease or contract, written or verbal. NEGLECT. The lack of proper maintenance for a building or structure or portions therein or around. OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied. OCCUPANT. Any individual living or sleeping in a building, or having possession of a space within a building. A person who occupies, resides, or is in actual possession of a dwelling or any portion of a dwelling. OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors. OPERATOR OR MANAGER. Any person who has charge, care or control of a structure or premises that is let or offered for occupancy. Any person who has been delegated by the property owner to have the charge, care or control of the rental dwelling and who has or would have the means, within the scope of the individual’s duties, to enter or have access to a tenant’s dwelling unit. OWNER. Any person, agent, operator, firm, or corporation having legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. An individual, association, syndicate, partnership, corporation, or any other legal entity holding a legal ownership or equitable interest in land, buildings, structures, dwelling unit(s) or other property as may be recorded in the Dakota County Property Records Office PERSON. An individual, corporation, partnership or any other group acting as a unit. PEST ELIMINATION. The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food or water; by other approved pest elimination methods. PREMISES. A lot of record or plot piece or parcel of land, easement or public way within a continuous boundary, whether publicly or privately owned, occupied or possessed, including any structures thereon. 20 PUBLIC WAY. Any street, alley or other parcel of land that: is open to the outside air; leads to a street; has been deeded, dedicated or otherwise permanently appropriated to the public for public use; and has a clear width and height of not less than 10 feet (3048 mm). The surface, air space above the surface and the area below the surface of any public street, highway, lane, path, alley, sidewalk, trail, avenue, boulevard, drive, court, concourse, bridge, tunnel, park, parkway, skyway, waterway, or similar property within the city owned by or under control of the city, or dedicated or otherwise conveyed to the city, for general public use. Commonly referred to as public right-of-way. ROOMING HOUSE. A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling. ROOMING UNIT. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. RUBBISH. Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials. SLEEPING UNIT. A room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units. STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do. STRUCTURE. That which is built or constructed. Anything constructed or erected, the use of which requires location on the ground or attachment to something having a location on the ground. Among other things, structures include but are not limited to buildings, gazebos, decks, retaining walls, walls, fences over six feet in height, and swimming pools, but excluding patios and similar a t-grade improvements. TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit. A person who is an occupant of, but does not own, a dwelling for residential purposes, for payment of a fee or other compensation to the owner under a lease or contract, written or verbal. TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower. ULTIMATE DEFORMATION. The deformation at which failure occurs and that shall be deemed to occur if the sustainable load reduces to 80 percent or less of the maximum strength. VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space. 21 WORKMANLIKE. Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work. YARD. An open space on the same lot with a structure. Open space on a lot which is unoccupied and unobstructed by a building or structure from the ground to the sky, except as expressly permitted by this chapter. A required yard shall extend along a lot line and at right angles to such a lot line to a depth or width specified in the setback regulations for the district in which such lot is located. CHAPTER 3 GENERAL REQUIREMENTS SECTION 301. GENERAL 301.1 Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property. 301.2 Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises that are not in a sanitary and safe condition and that do not comply with the requirements of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises they occupy and control. 301.3 Vacant structures and land. Vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. SECTION 302. EXTERIOR PROPERTY AREAS 302.1 Sanitation. Exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property that such occupant occupies or controls in a clean and sanitary condition. 302.2 Grading and drainage. Premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Exception: Approved retention areas and reservoirs. 302.3 Sidewalks and driveways. Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. 302.4 Weeds. [Deleted; regulated elsewhere in Eagan City Code]. 22 302.5 Rodent harborage. Structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation. 302.6 Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly on abutting or adjacent public or private property or that of another tenant. 302.7 Accessory structures. Accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. 302.8 Motor vehicles. [Deleted; regulated elsewhere in Eagan City Code]. 302.9 Defacement of property. A person shall not willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair. SECTION 303. SWIMMING POOLS, SPAS AND HOT TUBS [Deleted; regulated elsewhere in Eagan City Code and by Minnesota State Building Code]. SECTION 304. EXTERIOR STRUCTURE 304.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. 304.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code Minnesota State Building and Fire Codes as required for existing buildings: 1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength. 2. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects. 3. Structures or components thereof that have reached their limit state. 4. Siding and masonry joints including joints between the building envelope and the perimeter of windows, doors and skylights are not maintained, weather resistant or water tight. 5. Structural members that have evidence of deterioration or that are not capable of safely supporting all nominal loads and load effects. 23 6. Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects. 7. Exterior walls that are not anchored to supporting and supported elements or are not plumb and free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects. 8. Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load effects. 9. Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration or fatigue, are not properly anchored or are incapable of supporting all nominal loads and resisting all load effects. 10. Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects. 11. Overhang extensions or projections including, but not limited to, trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects. 12. Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guards and handrails, are not structurally sound, not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects. 13. Chimneys, cooling towers, smokestacks and similar appurtenances not structurally sound or not properly anchored, or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects. Exceptions: 1. Where substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be permitted where approved by the code official. 304.2 Protective treatment. Exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. Siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and watertight. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and surfaces with rust or corrosion shall be stabilized and coated 24 to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. 304.3 Premises identification. [Deleted; regulated elsewhere in Eagan City Code and by Minnesota State Fire Code]. 304.4 Structural members. Structural members shall be maintained free from deterioration and shall be capable of safely supporting the imposed dead and live loads. 304.5 Foundation walls. Foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. 304.6 Exterior walls. Exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. 304.8 Decorative features. Cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. 304.9 Overhang extensions. Overhang extensions including, but not limited to, canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. Where required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. 304.10 Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. 304.11 Chimneys and towers. Chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. Exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. 304.12 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 304.13 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. 304.13.1 Glazing. Glazing materials shall be maintained free from cracks and holes. 304.13.2 Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. 25 304.14 Insect screens. During the period from April 15th through October 15th, 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 minimum 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. Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. 304.15 Doors. Exterior doors, door assemblies, operator systems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. 304.16 Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water. 304.17 Guards for basement windows. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents. 304.18 Building security. Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within. 304.18.1 Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a minimum lock throw of 1 inch (25 mm). Such deadbolt locks shall be installed according to the manufacturer’s specifications and maintained in good working order. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock. 304.18.2 Windows. Operable windows located in whole or in part within 6 feet (1828 mm) above ground level or a walking surface below that provide access to a dwelling unit , rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device. 304.18.3 Basement hatchways. Basement hatchways that provide access to a dwelling unit , rooming unit or housekeeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry. 304.19 Gates. Exterior gates, gate assemblies, operator systems if provided, and hardware shall be maintained in good condition. Latches at all entrances shall tightly secure the gates. SECTION 305 INTERIOR STRUCTURE 305.1 General. The interior of a 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 that they occupy or control in a clean and sanitary condition. Every owner of a structure containing a 26 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. 305.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the Minnesota State Building and Fire Codes International Building Code or the International Existing Building Code as required for existing buildings: 1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength. 2. The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects. 3. Structures or components thereof that have reached their limit state. 4. Structural members are incapable of supporting nominal loads and load effects. 5. Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored or are anchored with connections not capable of supporting all nominal loads and resisting all load effects. 6. Foundation systems that are not firmly supported by footings are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects. Exceptions: 1. Where substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be permitted where approved by the code official. 305.2 Structural members. Structural members shall be maintained structurally sound, and be capable of supporting the imposed loads. 305.3 Interior surfaces. Interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected. 305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. 305.5 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 305.6 Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. 27 SECTION 306 COMPONENT SERVICEABILITY 306.1 General. The components of a structure and equipment therein sh all be maintained in good repair, structurally sound and in a sanitary condition. 306.1.1 Unsafe conditions. Where any of the following conditions cause the component or system to be beyond its limit state, the component or system shall be determined as unsafe and shall be repaired or replaced to comply with the Minnesota State Building and Fire Codes International Building Code or the International Existing Building Code as required for existing buildings: 1. Soils that have been subjected to any of the following conditions: 1.1. Collapse of footing or foundation system. 1.2. Damage to footing, foundation, concrete or other structural element due to soil expansion. 1.3. Adverse effects to the design strength of footing, foundation, concrete or other structural element due to a chemical reaction from the soil. 1.4. Inadequate soil as determined by a geotechnical investigation. 1.5. Where the allowable bearing capacity of the soil is in doubt. 1.6. Adverse effects to the footing, foundation, concrete or other structural element due to the ground water table. 2. Concrete that has been subjected to any of the following conditions: 2.1. Deterioration. 2.2. Ultimate deformation. 2.3. Fractures. 2.4. Fissures. 2.5. Spalling. 2.6. Exposed reinforcement. 2.7. Detached, dislodged or failing connections. 3. Aluminum that has been subjected to any of the following conditions: 3.1. Deterioration. 3.2. Corrosion. 3.3. Elastic deformation. 3.4. Ultimate deformation. 3.5. Stress or strain cracks. 28 3.6. Joint fatigue. 3.7. Detached, dislodged or failing connections. 4. Masonry that has been subjected to any of the following conditions: 4.1. Deterioration. 4.2. Ultimate deformation. 4.3. Fractures in masonry or mortar joints. 4.4. Fissures in masonry or mortar joints. 4.5. Spalling. 4.6. Exposed reinforcement. 4.7. Detached, dislodged or failing connections. 5. Steel that has been subjected to any of the following conditions: 5.1. Deterioration. 5.2. Elastic deformation. 5.3. Ultimate deformation. 5.4. Metal fatigue. 5.5. Detached, dislodged or failing connections. 6. Wood that has been subjected to any of the following conditions: 6.1. Ultimate deformation. 6.2. Deterioration. 6.3. Damage from insects, rodents and other vermin. 6.4. Fire damage beyond charring. 6.5. Significant splits and checks. 6.6. Horizontal shear cracks. 6.7. Vertical shear cracks. 6.8. Inadequate support. 6.9. Detached, dislodged or failing connections. 6.10. Excessive cutting and notching. Exceptions: 1. Where substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be permitted where approved by the code official. 29 SECTION 307. HANDRAILS AND GUARDRAILS 307.1 General. [Deleted; regulated by the Minnesota State Building Code]. SECTION 308. RUBBISH AND GARBAGE [Deleted; regulated elsewhere in Eagan City Code]. SECTION 309. PEST ELIMINATION 309.1 Infestation. Structures shall be kept free from insect and rodent infestation. Structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to prevent reinfestation. 309.2 Owner. The owner of any structure shall be responsible for pest elimination within the structure prior to renting or leasing the structure. 309.3 Single occupant. [Deleted as redundant of 309.2]. 309.4 Multiple occupancy. 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 pest elimination 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 and owner shall be responsible for pest elimination. 309.5 Occupant. [Deleted as 309.2 places responsibility upon property owner]. CHAPTER 4 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS SECTION 401. GENERAL 401.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure. 401.2 Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner- occupant, or permit another person to occupy, any premises that do not comply with the requirements of this chapter. 401.3 Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the International Minnesota State Building Code shall be permitted. 30 SECTION 402. LIGHT 402.1 Habitable spaces. Every habitable space shall have not less than one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than 3 feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room. Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be not less than 8 percent of the floor area of the interior room or space, or not less than 25 square feet (2.33 m2), whichever is greater. The exterior glazing area shall be based on the total floor area being served. 402.2 Common halls and stairways. Every common hall and stairway in residential occupancies, other than in one-and two-family dwellings, shall be lighted at all times with not less than a 60- watt standard incandescent light bulb for each 200 square feet (19 m2) of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than 30 feet (9144 mm). In other than residential occupancies, interior and exterior means of egress, stairways shall be illuminated at all times the building space served by the means of egress is occupied with not less than 1 footcandle (11 lux) at floors, landings and treads. 402.3 Other spaces. Other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures. SECTION 403. VENTILATION 403.1 Habitable spaces. Every habitable space shall have not less than one openable window, except as may otherwise be required by the Minnesota State Building Code. The total openable area of the window in every room shall be equal to not less than 45 percent of the minimum glazed area required in Section 402.1. Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be not less than 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 m2). The ventilation openings to the outdoors shall be based on a total floor area being ventilated. 403.2 Bathrooms and toilet rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by Section 403.1, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated. 31 403.3 Cooking facilities. Unless approved through the certificate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in the rooming unit or dormitory unit. Exceptions: 1. Where specifically approved in writing by the code official. 2. Devices such as coffee pots and microwave ovens shall not be considered cooking appliances. 403.4 Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space. 403.5 Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted outside the structure in accordance with the manufacturer’s instructions. Exception: Listed and labeled condensing (ductless) clothes dryers. SECTION 404. OCCUPANCY LIMITATIONS 404.1 Privacy. Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces. 404.2 Minimum room widths. A habitable room, other than a kitchen, shall be not less than 7 feet (2134 mm) in any plan dimension. Kitchens shall have a minimum clear passageway of 3 feet (914 mm) between counter fronts and appliances or counter fronts and walls. 404.3 Minimum ceiling heights. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a minimum clear ceiling height of 7 feet (2134 mm). Exceptions: 1. In one- and two-family dwellings, beams or girders spaced not less than 4 feet (1219 mm) on center and projecting not greater than 6 inches (152 mm) below the required ceiling height. 2. Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a minimum ceiling height of 6 feet 8 inches (2033 mm) with a minimum clear height of 6 feet 4 inches (1932 mm) under beams, girders, ducts and similar obstructions. 3. Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a minimum clear ceiling height of 7 feet (2134 mm) over not less than one-third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a minimum clear ceiling height of 5 feet (1524 mm) shall be included. 32 404.4 Bedroom and living room requirements. Every bedroom and living room shall comply with the requirements of Sections 404.4.1 through 404.4.5. 404.4.1 Room area. Every living room shall contain not less than 120 square feet (11.2 m2) and every bedroom shall contain not less than 70 square feet (6.5 m2) and every bedroom occupied by more than one person shall contain not less than 50 square feet (4.6 m2) of floor area for each occupant thereof. 404.4.2 Access from bedrooms. Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces and shall not serve as the only means of egress from other habitable spaces. Exception: Units that contain fewer than two bedrooms. 404.4.3 Water closet accessibility. Every bedroom shall have access to not less than one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to not less than one water closet and lavatory located in the same story as the bedroom or an adjacent story. 404.4.4 Prohibited occupancy. Kitchens and non-habitable spaces shall not be used for sleeping purposes. 404.4.5 Other requirements. Bedrooms shall comply with the applicable provisions of this code including, but not limited to, the light, ventilation, room area, ceiling height and room width requirements of this chapter; the plumbing facilities and water-heating facilities requirements of Chapter 5; the heating facilities and electrical receptacle requirements of Chapter 6; and the smoke detector and emergency escape requirements of Chapter 7. 404.5 Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 404.5. TABLE 404.5 MINIMUM AREA REQUIREMENTS SPACE MINIMUM AREA of SPACE IN SQUARE FEET 1-2 occupants 3-5 occupants 6 or more occupants Living rooma,b a,ba,ba, b 120 120 150 Dining rooma,b No Minimum area 80 100 Bedrooms Shall comply with Section 404.4.1 For SI: 1 square foot = 0.0929 m2. a. See Section 404.5.2 for combined living room/dining room spaces. b. See Section 404.5.1 for limitations on determining the minimum occupancy area for sleeping purposes. 404.5.1 Sleeping area. The minimum occupancy area required by Table 404.5 shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. Sleeping areas shall comply with Section 404.4. 33 404.5.2 Combined spaces. Combined living room and dining room spaces shall comply with the requirements of Table 404.5 if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room. 404.6 Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements: 1. A unit occupied by not more than one occupant shall have a minimum clear floor area of 120 square feet (11.2 m2). A unit occupied by not more than two occupants shall have a minimum clear floor area of 220 square feet (20.4 m2). A unit occupied by three occupants shall have a minimum clear floor area of 320 square feet (29.7 m2). These required areas shall be exclusive of the areas required by Items 2 and 3. 2. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a minimum clear working space of 30 inches(762 mm) in front. Light and ventilation conforming to this code shall be provided. 3. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower. 4. The maximum number of occupants shall be three. 404.7 Food preparation. Spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage. CHAPTER 5 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS SECTION 501. GENERAL 501.1 Scope. The provisions of this chapter shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided. 501.2 Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any structure or premises that does not comply with the requirements of this chapter. SECTION 502. REQUIRED FACILITIES 502.1 Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink that shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory. 34 502.2 Rooming houses. Not less than one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units. 502.3 Hotels. Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each 10 occupants. 502.4 Employees’ facilities. Not less than one water closet, one lavatory and one drinking facility shall be available to employees. 502.4.1 Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, b ottled water cooler or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms. 502.5 Public toilet facilities. Public toilet facilities shall be maintained in a safe, sanitary and working condition in accordance with the International Plumbing Code Minnesota State Building (Plumbing) Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises. SECTION 503. TOILET ROOMS 503.1 Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling. 503.2 Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway. 503.3 Location of employee toilet facilities. Toilet facilities shall have access from within the employees’ working area. The required toilet facilities shall be located not more than one story above or below the employees’ working area and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m). Employee facilities shall either be separate facilities or combined employee and public facilities. Exception: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the employees’ regular working area to the facilities. 503.4 Floor surface. In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition. SECTION 504. PLUMBING SYSTEMS AND FIXTURES 504.1 General. Plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the 35 function for which such plumbing fixtures are designed. Plumbing fixtures shall be maintained in a safe, sanitary and functional condition. 504.2 Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning. 504.3 Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, back siphonage, improper installation, deterioration or damage or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. SECTION 505. WATER SYSTEM 505.1 General. 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. Kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the Minnesota State Building (Plumbing) Code. International Plumbing Code. 505.2 Contamination. The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker. 505.3 Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices, and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks. 505.4 Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature not less than 110°F (43°C). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. 505.5 Nonpotable water reuse systems. Nonpotable water reuse systems and rainwater collection and conveyance systems shall be maintained in a safe and sanitary condition. Where such systems are not properly maintained, the systems shall be repaired to provide for safe and sanitary conditions, or the system shall be abandoned in accordance with Section 505.5.1. 505.5.1 Abandonment of systems. Where a nonpotable water reuse system or a rainwater collection and distribution system is not maintained or the owner ceases use of the system, the system shall be abandoned in accordance with Section 1301.10 of the International Plumbing Code. 36 SECTION 506. SANITARY DRAINAGE SYSTEM [Deleted; regulated elsewhere in Eagan City Code]. SECTION 507. STORM DRAINAGE [Deleted; regulated elsewhere in Eagan City Code]. CHAPTER 6 MECHANICAL AND ELECTRICAL REQUIREMENTS SECTION 601. GENERAL 601.1 Scope. The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided. 601.2 Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises that does not comply with the requirements of this chapter. SECTION 602. HEATING FACILITIES 602.1 Facilities required. Heating facilities shall be provided in structures as required by this section. 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code. Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be used, as a means to provide required heating. The installation of one or more portable space heaters shall not be used to achieve compliance with this section. Exception: In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained. 602.3 Heat supply. Every owner and operator 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 October 15th through April 15th to maintain a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms. Exceptions: 1. 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 for the locality shall be as indicated in Appendix D of the International Plumbing Code. 37 2. In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained. 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from October 15th through April 15th to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied. Exceptions: 1. Processing, storage, and operation areas that require cooling or special temperature conditions. 2. Areas in which persons are primarily engaged in vigorous physical activities. 602.5 Room temperature measurement. The required room temperatures shall be measured 3 feet (914 mm) above the floor near the center of the room and 2 feet (610 mm) inward from the center of each exterior wall. SECTION 603. MECHANICAL EQUIPMENT 603.1 Mechanical equipment and appliances. Mechanical equipment, appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition and shall be capable of performing the intended function. 603.2 Removal of combustion products. Fuel-burning equipment and appliances shall be connected to an approved chimney or vent. Exception: Fuel-burning equipment and appliances that are labeled for unvented operation. 603.3 Clearances. Required clearances to combustible materials shall be maintained. 603.4 Safety controls. Safety controls for fuel-burning equipment shall be maintained in effective operation. 603.5 Combustion air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment. 603.6 Energy conservation devices. Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved. SECTION 604. ELECTRICAL FACILITIES 604.1 Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section 605. 38 604.2 Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with NFPA 70. Dwelling units shall be served by a three-wire, 120/240 volt, single-phase electrical service having a minimum rating of 60 amperes. 604.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. 604.3.1 Abatement of electrical hazards associated with water exposure. The provisions of this section shall govern the repair and replacement of electrical systems and equipment that have been exposed to water. 604.3.1.1 Electrical equipment. Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, surge protectors, molded case circuit breakers, low-voltage fuses, luminaires, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provisions of the International Building Code Minnesota State Building Code. Exception: The following equipment shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer’s representative indicates that the equipment has not sustained damage that requires replacement: 1. Enclosed switches, rated not more than 600 volts or less. 2. Busway, rated not more than 600 volts. 3. Panelboards, rated not more than 600 volts. 4. Switchboards, rated not more than 600 volts. 5. Fire pump controllers, rated not more than 600 volts. 6. Manual and magnetic motor controllers. 7. Motor control centers. 8. Alternating current high-voltage circuit breakers. 9. Low-voltage power circuit breakers. 10. Protective relays, meters and current transformers. 11. Low- and medium-voltage switchgear. 12. Liquid-filled transformers. 13. Cast-resin transformers. 39 14. Wire or cable that is suitable for wet locations and whose ends have not been exposed to water. 15. Wire or cable, not containing fillers, that is suitable for wet locations and whose ends have not been exposed to water. 16. Luminaires that are listed as submersible. 17. Motors. 18. Electronic control, signaling and communication equipment. 604.3.2 Abatement of electrical hazards associated with fire exposure. The provisions of this section shall govern the repair and replacement of electrical systems and equipment that have been exposed to fire. 604.3.2.1 Electrical equipment. Electrical switches, receptacles, and fixtures, including furnace, water heat¬ing, security system and power distribution circuits, that have been exposed to fire, shall be replaced in accordance with the provisions of the International Building Code Minnesota State Building Code. Exception: Electrical switches, receptacles and fixtures that shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer’s representative indicates that the equipment has not sustained damage that requires replacement. SECTION 605. ELECTRICAL EQUIPMENT 605.1 Installation. Electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner. 605.2 Receptacles. Every habitable space in a dwelling shall contain not less than two separate and remote receptacle outlets. Every laundry area shall contain not less than one grounding -type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain not less than one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. All receptacle outlets shall have the appropriate faceplate cover for the location. 605.3 Luminaires. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain not less than one electric luminaire. Pool and spa luminaires over 15 V shall have ground fault circuit interrupter protection. 605.4 Wiring. Flexible cords shall not be used for permanent wiring, or for running through doors, windows, or cabinets, or concealed within walls, floors, or ceilings. 40 SECTION 606. ELEVATORS, ESCALATORS AND DUMBWAITERS 606.1 General. Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A17.1 Minnesota State Building Code . The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, be available for public inspection in the office of the building operator or be posted in a publicly conspicuous location approved by the code official. The inspection and tests shall be performed at not less than the periodic intervals listed in ASME A17.1, Appendix N Minnesota State Building Code, except where otherwise specified by the authority having jurisdiction. 606.2 Elevators. In buildings equipped with passenger elevators, not less than one elevator shall be maintained in operation at all times when the building is occupied. Exception: Buildings equipped with only one elevator shall be permitted to hav e the elevator temporarily out of service for testing or servicing. SECTION 607. DUCT SYSTEMS 607.1 General. Duct systems shall be maintained free of obstructions and shall be capable of performing the required function. CHAPTER 7 FIRE SAFETY REQUIREMENTS SECTION 701. GENERAL 701.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided. 701.2 Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises that do not comply with the requirements of this chapter. SECTION 702. MEANS OF EGRESS 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 International Fire Code Minnesota State Fire Code. 702.2 Aisles. The required width of aisles in accordance with the International Fire Code shall be unobstructed. 702.3 Locked doors. 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 41 hardware conforms to that permitted by the International Building Code Minnesota State Building Code. 702.4 Emergency escape and rescue openings. Required emergency escape and rescue openings shall be maintained in accordance with the code in effect at the time of construction, and both of the following: 1. Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. 2. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provided that the minimum net clear opening size complies with the code that was in effect at the time of construction and the unit is equipped with smoke alarms installed in accordance with Section 907.2.10 of the International Building Code. Such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening. SECTION 703. FIRE-RESISTANCE RATINGS 703.1 Fire-resistance-rated assemblies. The provisions of this chapter shall govern maintenance of the materials, systems and assemblies used for structural fire resistance and fire-resistance-rated construction separation of adjacent spaces to safeguard against the spread of fire and smoke within a building and the spread of fire to or from buildings. 703.2 Unsafe conditions. Where any components are not maintained and do not function as intended or do not have the fire resistance required by the code under which the building was constructed or altered, such components or portions thereof shall be deemed unsafe conditions in accordance with Section 114.1.1 of the International Fire Code Minnesota State Fire Code. Components or portions thereof determined to be unsafe shall be repaired or replaced to conform to that code under which the building was constructed or altered. Where the condition of components is such that any building, structure or portion thereof presents an imminent danger to the occupants of the building, structure or portion thereof, the fire code official shall act in accordance with Section 114.2 of the International Fire Code Minnesota State Building Code. 703.3 Maintenance. The required fire-resistance rating of fire-resistance-rated construction, including walls, firestops, shaft enclosures, partitions, smoke barriers, floors, fire-resistive coatings and sprayed fire-resistant materials applied to structural members and joint systems, shall be maintained. Such elements shall be visually inspected annually by the owner and repaired, restored or replaced where damaged, altered, breached or penetrated. Records of inspections and repairs shall be maintained. Where concealed, such elements shall not be required to be visually inspected by the owner unless the concealed space is accessible by the removal or movement of a panel, access door, ceiling tile or entry to the space. Openings made therein for the passage of pipes, electrical conduit, wires, ducts, air transfer and any other reason shall be protected with approved methods capable of resisting the passage of smoke and fire. Openings through fire- resistance-rated assemblies shall be protected by self- or automatic-closing doors of approved construction meeting the fire protection requirements for the assembly. 42 703.3.1 Fire blocking and draft stopping. Required fire blocking and draft stopping in combustible concealed spaces shall be maintained to provide continuity and integrity of the construction. 703.3.2 Smoke barriers and smoke partitions. Required smoke barriers and smoke partitions shall be maintained to prevent the passage of smoke. Openings protected with approved smoke barrier doors or smoke dampers shall be maintained in accordance with NFPA 105. 703.3.3 Fire walls, fire barriers, and fire partitions. Required fire walls, fire barriers and fire partitions shall be maintained to prevent the passage of fire. Openings protected with approved doors or fire dampers shall be maintained in accordance with NFPA 80. 703.4 Opening protectives. Opening protectives shall be maintained in an operative condition in accordance with NFPA 80. The application of field-applied labels associated with the maintenance of opening protectives shall follow the requirements of the approved third-party certification organization accredited for listing the opening protective. Fire doors and smoke barrier doors shall not be blocked or obstructed, or otherwise made inoperable. Fusible links shall be replaced whenever fused or damaged. Fire door assemblies shall not be modified. 703.4.1 Signs. [Deleted; regulated elsewhere in Eagan City Code]. 703.4.2 Hold-open devices and closers. Hold-open devices and automatic door closers shall be maintained. During the period that such a device is out of service for repairs, the door it operates shall remain in the closed position. 703.4.3 Door operation. Swinging fire doors shall close from the full-open position and latch automatically. The door closer shall exert enough force to close and latch the door from any partially open position. 703.5 Ceilings. [Deleted]. 703.6 Testing. Horizontal and vertical sliding and rolling fire doors shall be inspected and tested annually to confirm operation and full closure. Records of inspections and testing shall be maintained. 703.7 Vertical shafts. [Deleted] 703.8 Opening protective closers. [Deleted] SECTION 704.FIRE PROTECTION SYSTEMS 704.1 Inspection, testing and maintenance. Fire protection and life safety systems shall be maintained in accordance with the International Fire Code Minnesota State Fire Code in an operative condition at all times, and shall be replaced or repaired where defective. 704.1.1 through 704.3 [Deleted as regulated by Minnesota State Fire Code] 704.4 Removal of or tampering with equipment. It shall be unlawful for any person to remove, tamper with or otherwise disturb any fire protection or life safety system required by this code except for the purposes of extinguishing fire, training, recharging or making necessary repairs. 43 704.4.1 Removal of or tampering with appurtenances. Locks, gates, doors, barricades, chains, enclosures, signs, tags and seals that have been installed by or at the direction of the fire code official shall not be removed, unlocked, destroyed or tampered with in any manner. 704.4.2 through 704.5.2 [Deleted as regulated by Minnesota State Fire Code]. 704.6 Single- and multiple-station smoke alarms. Single- and multiple-station smoke alarms shall be installed in existing Group I-1 and R occupancies in accordance with Sections 704.6.1 through 704.6.3. 704.6.1 Where required. Existing Group I-1 and R occupancies shall be provided with single- station smoke alarms in accordance with Sections 704.6.1.1 through 704.6.1.4. Interconnection and power sources shall be in accordance with Sections 704.6.2 and 704.6.3. Exceptions: 1. Where the code that was in effect at the time of construction required smoke alarms and smoke alarms complying with those requirements are already provided. 2. Where smoke alarms have been installed in occupancies and dwellings that were not required to have them at the time of construction, additional smoke alarms shall not be required provided that the existing smoke alarms comply with requirements that were in effect at the time of installation. 3. Where smoke detectors connected to a fire alarm system have been installed as a substitute for smoke alarms. 704.6.1.1 Group R-1. Single- or multiple-station smoke alarms shall be installed in all of the following locations in Group R-1: 1. In sleeping areas. 2. In every room in the path of the means of egress from the sleeping area to the door leading from the sleeping dwelling unit. 3. In each story within the sleeping unit, including basements. For sleeping 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. 704.6.1.2 Groups R-2, R-3, R-4 and I-1. Single or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4 and I-1 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 but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening 44 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. 704.6.1.3 Installation near cooking appliances. [Deleted]. 704.6.1.4 Installation near bathrooms. [Deleted]. 704.6.2 Interconnection. Where more than one smoke alarm is required to be installed within an individual dwelling or sleeping unit, the smoke alarms shall be interconnected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit. Physical interconnection of smoke alarms shall not be required where listed wireless alarms are installed and all alarms sound upon activation of one alarm. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed. Exceptions: 1. Interconnection is not required in buildings that are not undergoing alterations, repairs or construction of any kind. 2. Smoke alarms in existing areas are not required to be interconnected where alte rations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure., unless there is an attic, crawl space or basement available that could provide access for interconnection without the removal of interior finishes. 704.6.3 Power source. Single-station smoke alarms shall receive their primary power from the building wiring provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms with integral strobes that are not equipped with battery backup shall be connected to an emergency electrical system. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for overcurrent protection. Exceptions: 1. Smoke alarms are permitted to be solely battery operated in existing buildings where construction is not taking place. 2. Smoke alarms are permitted to be solely battery operated in buildings that are not served from a commercial power source. 3. Smoke alarms are permitted to be solely battery operated in existing areas of buildings undergoing alterations or repairs that do not result in the removal of interior walls or ceiling finishes exposing the structure., unless there is an attic, crawl space or basement available that could provide access for building wiring without the removal of interior finishes. 704.6.4 Smoke detection system. [Deleted as regulated by Minnesota State Fire Code]. 704.7 Single- and multiple-station smoke alarms. Single- and multiple-station smoke alarms shall be tested and maintained in accordance with the manufacturer’s instructions. Smoke alarms that do not function shall be replaced. Smoke alarms installed in one- and two-family dwellings shall 45 be replaced not more than 10 years from the date of manufacture marked on the unit, or shall be replaced if the date of manufacture cannot be determined. SECTION 705. CARBON MONOXIDE ALARMS AND DETECTION 705.1 General. Carbon monoxide alarms shall be installed in dwellings in accordance with Section 1103.9 of the International Fire Code, except that alarms in dwellings covered by the International Residential Code shall be installed in accordance with Section R315 of that code Minnesota State Fire Code. 705.2 Carbon monoxide alarms and detectors. Carbon monoxide alarms and carbon monoxide detection systems shall be maintained in accordance with NFPA 720. Carbon monoxide alarms and carbon monoxide detectors that become inoperable or begin producing end-of-life signals shall be replaced. CHAPTER 8 REFERENCED STANDARDS [Deleted in its entirety]. 46 APPENDIX A BOARDING STANDARD [Deleted in its entirety]. APPENDIX B BOARD OF APPEALS [Deleted in its entirety]. End of IPMC Rest of Page Intentionally Left Blank