Ordinance No. 1399 03-14-2022
Ordinance No. 1399
Amending the Fridley City Code Chapters Titled Adoption of Code, Rules of Construction,
Legislative Body, Commissions, Definitions, Severability, Ethics and Adoption by Reference
The City Council of the City of Fridley does ordain, after review, examination and staff
recommendation that the Fridley City Code be amended as follows:
Section 1
That Chapter 906 of the City Code entitled “Adoption of Code” be hereby amended as follows:
Fridley City Code
Chapter 906. 100 Adoption of Code
906.01.100.01 Adoption of Code
The substantive general ordinances of the City of Fridley, Minnesota are hereby codified.; Tthe
codification is in book form, entitled “Municipal Code of Fridley, MinnesotaFridley City Code” (Code),
and consists of chapters and sections, separately numbered in a decimal system with certain chapter
and section numbers reserved for future use and expansion of the Code, as well as an appendix and
index thereof. Any matters as may be contained in the appendix or index are included for purposes
of information and reference only and are of no substantive effect except where and unless the Code
itself specifically incorporates the same by reference.
906.02.100.02 Short Title
For brevity hereafter the Municipal Code of Fridley, MinnesotaFridley City Code is sometimes referred
to as “this Code” or “City Code”; and any use of the term “this Code” or “City Code” means the
Municipal Code of Fridley, MinnesotaFridley City Code unless the context clearly requires another
meaning.
906.03. Repeal of Certain Ordinances
This code in the original enactment includes all substantive ordinances of a general nature up to and
including Ordinance No. 795, passed on December 5, 1983. All substantive ordinances of a general
nature up to and including Ordinance No. 795 are repealed and replaced by the enactment of this
Code.
906.04.100.03 Subsequent Ordinances
Any ordinance passed after the effective date of this Code shall be passed as a recodified Chapter to
this Code (unless it is of limited or special application or is otherwise deemed not to be a part of this
Code). Such recodified Chapter, amendment, addition, or deletion shall be made a part of this Code
as hereinafter provided and directed by the City Council.
906.05.100.04 Consecutive Numbering to Continue
The present consecutive chronological numbering of all ordinances as are passed shall continue
without regard to their subsequent inclusion within this Code, but each ordinance which is an
amendment or addition to the Code shall specify the amendment or addition.
906.06.100.05 Annual Revisions
This Code is printed and loosely formed and is kept up-to-date by the regular insertion of recodified
pages containing all amendments, repeals or addition to the Code. For convenience, the volume
includes, in addition to the Municipal Code of Fridley, Minnesota, a table of contents, appendixes
and a complete subject matter index.
The Council, with the advice of the City Attorney, shall make arrangements periodically for the
editorial work and printing necessary to prepare revised and additional pages as necessary to keep
the volume up to date as nearly as reasonably possible at all times.
100.06 Errors
The City Manager may direct staff to correct grammatical, punctuation, or spelling errors found after
passage of an ordinance without altering the meaning of the ordinance enacted.
906.07.100.07 Preservation of Existing Rights
The repeal of any ordinance or portion thereof by addition to this Code or any subsequent
amendment, repeal or addition thereto does not affect or impair any act done, right vested or
accrued, or any proceeding, suit or prosecution had or commenced in any cause before such repeal
takes effect. Every act done, right vested or accrued, or proceeding, suit or prosecution had or
commenced, remains in full force and effect to all intents and purposes as if such repeal had not
taken place. No offense committed, and no liability, penalty or forfeiture, either civil or criminal,
incurred prior to repeal of any ordinance or any part thereof, by this Code or subsequent amendment,
repeal or addition thereto, is discharged or affected and the prosecution and suit of any such offense,
liability, penalty or forfeiture may be instituted and proceeded within all respects as if such prior
ordinance or part thereof had not been repealed.
906.08.100.08 Publication and Effective Date
Ordinances will be published in the Official Publication pursuant to State statute. A copy of this Code
has beenis on file and open for public inspection in the office of the City Clerk. for a period of at least
three weeks prior to its additions, commencing on the first day of December 12, 1983. Ordinances
are effective pursuant to the Fridley City Charter.
906.09.100.09 Code Permanently on File
A copy of the code shall be permanently on file and open for public inspection in the office of the
City Clerk in the City of Fridley. Notice shall be given in the official newspaper for at least two
successive weeks that copies are available in the City Clerk’s office for inspection or purchase.
906.10.100.10 Prima Facie Evidence
The Municipal Fridley City Code of Fridley, Minnesota, shall be prima facie evidence of the law of the
City.
Section 2
That Chapter 902 of the City Code entitled “Rules of Construction” be hereby amended as follows:
Fridley City Code
Chapter 902. 101 Rules of Construction
902.01.101.01 Generally
All words and phrases in this Code are used and shall be construed in their plain, ordinary and usual
sense and, except where the context clearly requires otherwise in accordance with this Chapter or
any definitions, general or special, are contained in this Code, technical words phrases having a
peculiar and appropriate meaning in law are to be understood according to their technical import.
Words and phrases used in the Fridley City Code (Code) shall be construed in their plain, ordinary
and usual sense, except that technical words and phrases having a peculiar and appropriate meaning
in law shall be understood according to their technical meaning.
902.02.101.02 MASCULINE, FEMININE OR NEUTER Gender
The use of either masculine, feminine or neuter gender includes the other gender(s). Unless the
context clearly requires otherwise, the use of either masculine, feminine or neuter gender in this Code
shall include the other genders.
902.03.101.03 Singular or Plural
The use of either singular or plural numbers includes the other number.
902.04101.04 Past, Present or Future
The use of either past, present or future tense includes the other tense.
902.05.101.05 Joint Authority
Words importing joint authority for three or more persons are construed as authority to a majority
of such persons.
902.06.101.06 Catchline Section Heading
The catchline heading of a section printed in bold face type is intended to indicate the contents of
the section for the convenience of the reader and is not to be construed as a part of the section.
902.07.101.07 Computation of Time
The time within which an act is to be done is computed by excluding the first day and including the
last day. When the last day is a Sunday or legal holiday, such that day is excluded and the last day is
the next following business day.
902.08.101.08 Deputies
Whenever this Code of Fridley requires an act to be done which may legally be done by an agent or
employee as well as by the principal, such requirement is satisfied by the performance of the act by
an authorized agent or employee.
902.09.101.09 Filing at City Offices
Whenever this Code of Fridley requires filing with, payment to, or notification of any certain City
official or department, the requirement is satisfied by filing, payment, or notification at the regular
office of such City official or department during business hours on any business day.
902.10.101.10 Repeal
The repeal of a provision which repeals a prior provision does not revive the prior provision unless
the intent to do so is clearly stated. The repeal of any provision is not construed to abate, annul, or
otherwise affect any proceeding had or commenced under or by virtue of the repealed provision and
the same is effectual as if the said provision had not been repealed, unless the contrary intent is
clearly stated.
902.11.101.11 Liberal Construction
All general provisions, terms, phrases, and expressions contained in this Code are to be liberally
construed in order that the true intent and meaning of each such provision may be fully carried out.
902.12. Substantive Change Not Intended
This Code of Fridley is intended as a codification of the existing law and is to be construed in
accordance with such intent, except where a change or revision is clearly otherwise indicated.
902.13.101.12 Minnesota Rules of Construction to Apply
Unless they are clearly in conflict with the provisions of this Code, or otherwise clearly inapplicable,
the rules of construction established for the State of Minnesota by statute or case law apply in the
construction of this Code.
Section 3
That Chapter 904 of the City Code entitled “Severability” be hereby amended as follows:
Fridley City Code
Chapter 904. 102 Severability
904.01. 102.01 Invalidity of Part
If any part, sentence, provision or clause of the City Code of Fridley shall be adjudged void or of no
effect, for any reason whatsoever, such decision shall not affect the validity of any of the remaining
portions of the City Code of Fridley.
Every chapter, section, subsection or provision of the Fridley City Code (Code) is hereby declared
severable from every other such chapter, section, subsection or provision. If any chapter, section,
subsection or provision of this Code is found to be invalid or unconstitutional by a court of competent
jurisdiction, it shall not affect or invalidate any other chapter, section, subsection or provision.
Section 4
That Chapter 903 of the City Code entitled “Definition Conflict” be hereby amended as follows:
Fridley City Code
Chapter 903. 103 Definitions Conflict
103.01 Purpose
The following definitions shall apply to the Fridley City Code (Code) and to all ordinances and
resolutions unless the context requires otherwise.
903. 01. 103.02 Definitions
1. Whenever a chapter of this Code contains therein a definition which is particularly applicable to
such chapter, then such definition shall prevail in case of conflict over any general definition as
contained in this Code, in this Chapter or in any other chapter of this Code. The definition of any
word or phrase as established for the State of Minnesota by statute or case law applies to this Code,
except where such meaning is clearly in conflict with the definitions or meanings particularly provided
in this Code.
2. Under the Municipal Code of Fridley, unless the particular context thereof shall clearly require a
different meaning, the terms noted herein shall man as follows:
City Charter or Charter: The Charter of the City of Fridley effective September 24, 1957, as
amended.
City, Municipal Corporation, or Municipality: The City of Fridley, Minnesota.
City Council or Council: The City Council of the City of Fridley.
City Manager: The person duly appointed by the Council and acting in such capacity.
Code, Code of Ordinances, or Fridley City Code: The Municipal Code of Fridley, Minnesota.
Conviction: Either a plea of guilty accepted and recorded by the court, or a verdict of guilty by a
jury, or a finding of guilty by the court.
Includes: “Includes” does not limit a term to a specific example.
May: “May” is permissive.
May not: states a prohibition.
Minnesota Statutes or M.S.: The edition of the Minnesota Statutes current at the time of said
reference.
Must: Mandatory.
Nuisance: Anything offensive, obnoxious, or unduly adverse to the health and welfare of the
inhabitants of the City, or any act or thing creating a hazard to, or having a detrimental effect on
the property of another person or to the community.
Oath: Affirmation in all cases where by law an affirmation may be substituted for an oath. In like
cases, “swear” includes “affirm” and “sworn” includes “affirmed.”
Officer, Official, or Public Official: An employee, member of the Council, member of an advisory
commission, or member of a City committee.
Ordinance: An ordinance duly adopted by the Council.
Owner: In the case of personal property, a person, other than a lien holder, having the property
in or title to personal property. In the case of real property, the term means the fee owner of land,
or the beneficial owner of land whose interest is primarily one of possession. The term includes,
but is not limited to, vendees under a contract for deed and mortgagors.
Person: Any individual, firm, corporation, partnership, association, organization or other group
acting as a unit, including any executor, administrator, trustee, receiver or other representative
appointed by law. Whenever the word "person" is used in any section prescribing a penalty or
fine, it includes the partners or any members of any partnership, firm or corporation and as to a
corporation, the officers, agents or members thereof who are responsible for the violation.
Property: Tangible or intangible, real, personal or mixed property.
Shall: Mandatory.
Sidewalk or Trail: The portion of the street between the curb line and the adjacent property line,
which is intended for the use of pedestrians. An improved thoroughfare located on a public right-
of-way or public easement limited to usage by pedestrians and nonmotorized vehicles.
State: The State of Minnesota.
Street: Any public way, highway, street, avenue, boulevard or other public thoroughfare. Each
such word includes the others and where the context permits, includes also sidewalk. The entire
width between boundary lines of any way or place when any part thereof is open to the use of
the public, as a matter of right, for the purposes of vehicular traffic.
Violate: Failure to comply with.
103.03 Conflicts
Whenever a chapter of this Code contains a definition which is particularly applicable to such chapter,
then such definition shall prevail in case of conflict over any general definition as contained in this
Code, in this Chapter or in any other chapter of this Code. The definition of any word or phrase as
established for the State of Minnesota by statute or case law applies to this Code, except where such
meaning is clearly in conflict with the definitions or meanings particularly provided in this Code.
103.04 Minnesota Definitions to Apply
The definitions contained in Minnesota Statutes, Chapter 645, as amended, are hereby adopted by
reference and are made a part of this Code. Unless clearly in conflict with the definitions or other
provisions of this Code, or otherwise clearly inapplicable, definitions established for the State of
Minnesota by Statute or case law shall apply to this Code.
Section 5
That Chapter 1 of the City Code entitled “Legislative Body” be hereby amended as follows:
Fridley City Code
Chapter 1.104 Legislative Body
1.01. 104.01 Salary
The Mayor and each Councilmember shall receive each year reasonable remuneration or salary, the
amount and payment of which shall be prescribed by ordinance duly adopted on or before
st
November 1 of the year preceding payment of the same.
1.02 104.02 Ward Boundaries
Pursuant to the City of Fridley Charter, Chapter 2.03, which requires the Council to redetermine Ward
boundaries after each decennial census of the United States, and at other times as the City Council
may determine, the Ward and Precinct boundaries of the City are redetermined and hereafter are
established as follows:
1. Ward 1
Ward No. 1, Precinct No. 1 is established as the area bounded as follows:
North: Starting at the northern City Limits boundary (approximately 255 feet north of the
intersection of Osborne Road and Trunk Highway (T.H.) #47 Avenue) go east on the northern City
Limits boundary to Baker Street. East: Using Baker Street and starting at the northern City
rdrd
Limitsboundary, go south on Baker Street to 73 Avenue, then go east on 73 Avenue to Highway
#65, then go south on Highway #65 to Rice Creek Terrace. South: Using Rice Creek Terrace and
starting T.H. #65, go west on Rice Creek Terrace to Madison Street, then go south on Madison
thththth
Street to 7 Street, then go south on 7 Street to 67 Avenue, then go west on 67 Avenue to
thth
4 Street, then go north on 4 Street to Rice Creek Terrace, then go northwest on Rice Creek
Terrace to T.H. #47. West: Using T.H. #47 and starting at Rice Creek Terrace, go north on T.H.#47
to the northern City Limits boundary (Osborne Road and T.H. #47).
Ward No. 1, Precinct No. 2 is established as the area bounded as follows:
North: Using T.H. #47 and starting at Rice Creek Terrace, go southeast on Rice Creek Terrace to
ththththth
4 Street, then go south on 4 Street to 67 Avenue, then go east on 67 Avenue to 7 Street,
th
then go northeast on 7 Street to Madison Street, then go north on Madison Street to Rice Creek
Terrace, then go east on Rice Creek Terrace to Highway #65. East: Using T.H. #65 and starting at
Rice Creek Terrace, go south on Highway #65 to Mississippi Street, then go west on Mississippi
Street to Van Buren Street, then go south on Van Buren Street to Carol Drive, then go southwest
on Carol Drive to West Moore Lake Drive. South: Using West Moore Lake Drive and starting at
stst
Carol Drive, go southwest on West Moore Lake Drive to 61 Avenue, then go west on 61 Avenue
thth
to 7 Street, then go north 7 Street to Mississippi Street, then go west on Mississippi Street to
T.H. #47. West: Using T.H. #47 and starting at Mississippi Street, go north on T.H. #47 to Rice
Creek Terrace.
Ward No. 1, Precinct No. 3 is established as the area bounded as follows:
North: Using Mississippi Street and starting at the Burlington Northern Railroad right-of-way, go
thth
east on Mississippi Street to 7 Street. East: Using 7 Street and starting at Mississippi Street, go
thththth
south on 7 Street to 57 Avenue. South: Using 57 Avenue and starting at 7 Street, go west
th
on 57th Avenue to T.H. #47. West: Using T.H. #47 and starting at 57 Avenue, go north on T.H.
th
#47 to 59th Avenue, then go west on 59 Avenue to Main Street, then go north on Main Street
stst
to 61 Avenue, then go west on 61 Avenue to the Burlington Northern Railroad right-of-way,
then go north on the Burlington Northern right-of-way to Mississippi Street.
Ward No. 1, Precinct No. 4 is established as the area bounded as follows:
stthst
North: Using 61 Avenue and starting at 7 Street, go east on 61 Avenue to West Moore Lake
st
Drive. East: Using West Moore Lake Drive and starting at 61 Avenue, go southeast on West
Moore Lake Drive to T. H. #65, then go south on T.H. #65 to T. H. #694, then go east on T.H. #694
to Matterhorn Drive, then go south on Matterhorn Drive to the southern City Limitsboundary.
South: Using the southern City Limits boundary and starting at Matterhorn Drive, go west on the
southern City Limits boundary to T.H. #47. West: Using T.H. #47 and starting at the southern City
thth
Limitsboundary, go north on T.H. #47 to 57 Avenue, then go east on 57th Avenue to 7 Street,
thst
then go north on 7 Street to 61 Avenue.
2. Ward 2
Ward No. 2, Precinct No. I is established as the area bounded as follows:
North: Using the northern City Limits boundary (Osborne Road) starting at Baker Street, go east
on the northern City Limits boundary to the eastern City Limitsboundary. East: Using the eastern
th
City Limitsboundary, go south on the eastern City Limits boundary to 69 Avenue. South: Using
thth
69 Avenue and starting at the eastern City Limitsboundary, go west on 69 Avenue to Central
Avenue, then go south on Central Avenue to Rice Creek, then go west on Rice Creek To T.H. #65.
rd
West: Using T.H. #65 and starting at Rice Creek, go north on T.H. #65 to 73 Avenue, then go
rd
west on 73 Avenue to Baker Street, then go north on Baker Street to the northern City
Limitsboundary.
Ward No. 2 Precinct No. 2 is established as the area bounded as follows:
North: Using Rice Creek and starting at T.H. #65, go east on Rice Creek to Central Avenue, then
thth
go north on Central Avenue to 69 Avenue, then go east on 69 Avenue to the eastern City
th
Limitsboundary. East: Using eastern City Limits boundary and starting at 69 Avenue, go south
thth
on the eastern City Limits boundary to 66 Avenue. South: Using 66 Avenue and starting the
th
eastern City Limitsboundary, go west on 66 Avenue to Arthur Street, then go south on Arthur
Street to Mississippi Street, then go west on Mississippi Street to Central Avenue, then go south
on Central Avenue to East Moore Lake Drive, then go southwest on East Moore Lake Drive/West
Moore Lake Drive to Able Street. West: Using Able Street and starting at West Moore Lake Drive,
go north on Able Street to Carol Drive, then go west on Carol Drive to Van Buren Street, then go
north on VanBuren Street to Mississippi Street, then go east on Mississippi Street to T.H. #65,
then go north on T.H. #65 to Rice Creek.
Ward No. 2, Precinct No. 3 is established as the area bounded as follows:
North: Using Able Street and starting at Carol Drive, go south on Able Street to West Moore Lake
Drive, then go east and northeast on West Moore Lake Drive/East Moore Lake Drive to Central
Avenue, then go north on Central Avenue to Mississippi Street, then go east on Mississippi Street
to Arthur Street, then go north on Arthur Street to 66th Avenue, then go east on 66th Avenue to
th
the eastern City Limitsboundary. East: Using the eastern City Limits boundary and starting at 66
Avenue, go south on the eastern City Limits boundary to Gardena Avenue. South: Using Gardena
Avenue and starting at the eastern City Limitsboundary, go west on Gardena Avenue to
Matterhorn Drive, then go south on Matterhorn Drive to the extension of Hathaway Lane, then
go west on Hathaway Lane and its extension to Regis Drive, then go south on Regis Drive to
Lynde Drive, then go west on Lynde Drive and its extension to T.H. #65: West: Using T.H. #65 and
starting at the extension Lynde Drive, go north on T.H. #65 to West Moore Lake Drive, then go
st
northwest on West Moore Lake Drive to 61 Avenue, then go northeast on West Moore Lake
Drive to Carol Drive, then go northeast on Carol Drive to Able Street.
Ward No. 2, Precinct No. 4 is established as the area bounded as follows:
North: Using the extension of Lynde Drive and starting at T.H. #65, go east on Lynde Drive and
its extension to Regis Drive, then go north on Regis Drive to Hathaway Lane, then go east on
Hathaway Lane and its extension to Matterhorn Drive, then go north on Matterhorn Drive to
Gardena Avenue, then go east on Gardena Avenue to the eastern City limitsboundary. East: Using
the eastern City Limits boundary and starting at Gardena Avenue go south on the eastern City
Limits boundary to the southern City Limitsboundary. South: Using the southern City Limits
boundary and starting at the eastern City Limitsboundary, go west on the southern City Limits
boundary to Matterhorn Drive. West: Using Matterhorn Drive and starting at the southern City
Limitsboundary, go north on Matterhorn Drive to T.H. #694 then go west on T.H. #694 to T.H.
#65, then go north on T.H. #65 to the extension of Lynde Drive.
3. Ward 3
Ward No. 3, Precinct No. 1 is established as the area bounded as follows:
North: Beginning at the Mississippi River and the northern City Limitsboundary, follow the
northern City Limits boundary east to the Burlington Northern right-of-way, then go north on
th
the Burlington Northern Railroad right-of-way (City Limitsboundary) to 85 Avenue (City
th
Limitsboundary), then go east on 85 Avenue (City Limitsboundary) to T.H. #47 (City
th
Limitsboundary). East: Using T.H. #47 (City Limitsboundary) and starting at 85 Avenue go south
on T.H. #47 (City Limitsboundary) to Osborne Road. South: Using Osborne Road and starting at
T.H. #47, go southwest on Osborne Road to Burlington Northern Railroad right-of-way, then go
thth
north on the Burlington Northern Railroad right-of-way to 79 Way, then go west on 79 Way
to the western City Limits boundary (Mississippi River). West: Using the western City Limits
th
boundary and starting at 79 Way, go north to the northern City Limitsboundary.
Ward No. 3, Precinct No. 2 is established as the area bounded as follows:
thth
North: Using the western City Limits boundary and starting at 79 Way, go east on 79 Way to
the Burlington Northern Railroad right-of-way, then go south on the Burlington Northern
Railroad right-of-way to Osborne Road, then go northeast on Osborne Road to T.H. #47. East:
Using T.H. #47 and starting at Osborne Road, go south on T.H. #47 to Mississippi Street. South:
Using Mississippi Street and starting at T.H. #47, go west on Mississippi Street to East River Road.
West: Using East River Road and starting at Mississippi Way, go north on East River Road to Rice
Creek, then go west on Rice Creek to the western City Limitsboundary, then go north on the
th
western City Limits boundary to 79 Way.
Ward No. 3, Precinct No. 3 is established as the area bounded as follows:
North: Using the western City Limits boundary and starting at Rice Creek, go east on Rice Creek
to East River Road, then go south on East River Road to Mississippi Way, then go east on
Mississippi Way to the Burlington Northern Railroad right-of-way. East: Using the Burlington
Northern Railroad right-of-way and starting at Mississippi Way, go south on the Burlington
stst
Northern Railroad right-of -way to the extension of 61 Avenue, then go east on 61 Avenue and
its extension to Main Street, then go south on Main Street to T.H. # 694. South: Using T.H. #694
and starting at Main Street, go west to the western City Limitsboundary. West: Starting at T.H.
#694 on the western City Limitsboundary, go north on the western City Limits boundary from T.
H. #694 to Rice Creek.
Ward No. 3, Precinct No. 4 is established as the area bounded as follows:
North: Using the western City Limits boundary and starting at T.H. #694, go east on T.H. #694 to
thth
Main Street, then go north on Main Street to 59 Avenue, then go east on 59 Avenue to T.H.
th
#47. East: Using T.H. #47 and starting at 59 Avenue, go south on T.H. #47 to the City Limits
boundary and continuing on to the southern City Limitsboundary. South: Using the southern City
Limits boundary go west to the western City Limitsboundary. West: Using the western City
Limitsboundary, starting at the southern City Limitsboundary, go north on the western City Limits
boundary to T.H. #694.
1.03. 104.03 Ward Map
Ward and Precinct boundaries are herein established and delineated in the City of Fridley Voting
Precinct Map, which is on file in the City Clerk’s Office. Whenever and wherever a conflict shall
appear between the boundaries as noted and provided on said map and the lines noted and
described in Section 1.02104.02, then the boundaries as noted in Section 1.02104.02 shall prevail.
Section 6
That Chapter 6 of the City Code entitled “Commissions” be hereby amended as follows:
Fridley City Code
Chapter 6.105 Commissions
105.01 Purpose
Pursuant to the Fridley City Charter Chapter 2, the Fridley City Council (Council) may create
commissions with advisory powers to investigate any subject of interest to the City of Fridley (City).
Advisory commissions provide for citizen input and are advisory to the Council. Advisory
commissions shall have no decision-making authority, except as expressly established by the Fridley
City Code or Minnesota Statutes (M.S.).
6.01 Commission Titles
There is hereby created the following commissions for the City of Fridley. These commissions shall
be known as:
1. Planning Commission
2. Parks and Recreation Commission
3. Environmental Quality and Energy Commission.
6.02 105.02 Commissions Generally
1. Membership
(a) Each commission, unless otherwise indicated, shall consist of seven Fridley residents
appointed by City Council.
(b) The Council will annually appoint, by Council resolution, a chairperson to each advisory
commission.
(a)(c) Each commission shall elect a chairperson and vice chairperson. At any meeting of the
commission if the chairperson is unable to attend, the vice chairperson shall act as
chairperson.
(a) The commission chairperson shall be elected by the commission membership and shall
also serve as a member of the Planning Commission.
(b)(d) The commission members shall be appointed by the City Council for three yearthree-
year terms, except the City Council shall make every effort to stagger the appointments
so that the terms of no more than three members shall expire in any one year. Attempt
shall be made to have all City wards represented on the commissions. Upon the expiration
of their terms of office, members shall continue to serve until their successor shall have
been appointed.
(b) The commissions shall each year, from their own members choose a chairperson and vice
chairperson. At any meeting of the commissions if the regular chairperson is unable to
attend, the vice-chairperson shall act as chairperson.
2. Vacancy
Commission members may resign or be removed from office by a majority vote of the City
Council. The commission member appointed to fill any vacancy shall serve for the remainder
of the vacated term.
3. Organization
(a) Following the appointment of membership, each of the commissions shall meet, organize
and with the exception of the chairperson, elect any officers, as it deems desirable.
(b) Adopt rules for its meetings and the transaction of its business, in order to fulfill the
responsibilities of the commission.
(c) The chairperson shall assure the fulfillment of the following responsibilities:
(1) Call and preside over meetings of the commission.
(2) Appear or appoint a representative to appear, if deemed necessary, before the City
Council or any City commission pertaining to matters within the scope of the
commission.
(3) Provide liaison with other governmental and citizens' groups pertaining to matters
within the scope of the commission for the purpose of timely and relevant information
for consideration by the commission.
4. Administrative Staff Liaison
The City Manager shall assign one member of the Administrative Staff staff to serve as secretary
Staff Liaison to each commission. The secretary Staff Liaison shall perform only such clerical duties
on behalf of a commission as may be assigned by the chairperson and with the consent of the
City Manager. Additional advisory staff shall be assigned to the commissions by the City Manager
within the restraints of the adopted general fund budget. Administrative Staff shall be limited to
commission level unless specifically approved by the City Council.A Staff Liaison shall not serve
as an appointed member of any City advisory commission.
5. Project Committees
The commissions may establish special project committees to further the objectives of the
commissions and provide for greater citizen participation. Such project committees shall be
appointed by a commission for special projects and shall cease to exist when their activities are
completed. The qualifications for membership, composition and duties of such project
committees shall be at the discretion of the commission. The project committee may be chaired
by a member of the commission, and at least one member of the commission shall act as a liaison
for each project committee.
6. Compensation
The members of the commissions shall serve without pay, but may be reimbursed for actual
expenses if funds therefore are provided in the adopted general fund budget.
7. Reports
The commissions shall make such reports as requested by the City Council. or Planning
Commission.
8. Meetings
Meetings shall be called by the chairpersons and shall be held as necessary to fulfill the
responsibilities of the commissions. All meetings of the commissions shall be open to the public.
Minutes shall be kept of all meetings. Findings and recommendations shall be transmitted by the
commission chairpersons to the Planning Commission and from the Planning Commission to the
City Council.
6.03 105.03 Planning Commission
1. TitleCommission Established
There is hereby created a Planning Commission for the City of Fridley, Minnesota pursuant to
M.S. Chapter 462.
The Council hereby establishes the Planning Commission to serve as the Board of Appeals and
Adjustments and exercise all authority and perform all functions of said Board pursuant to
Minnesota Statutes Section 462.351 to 462.364 and operate according to the Fridley City Code.
2. Purpose
(a) The Planning Commission is established to provide comprehensive planning and zoning
advice to the City Council with the aim of improving the City.
(a) The Planning Commission is established to provide comprehensive planning and zoning
advice to the Council, provide a process by which the public may appeal staff’s
interpretation of the Ccode, or request a variance to performance standards in the zoning
chapters of the Fridley Zoning Code.
(b) The Council hereby establishes the Planning Commission to serve as the Board of Appeals
and Adjustments and exercise all authority and perform all functions of said Board
pursuant to M.S. §§ 462.351 to 462.364 and operate according to this Code.
3. Scope
(a) The Planning Commission shall serve in an advisory capacity to the City Council. Problems
Matters shall be referred to the Planning Commission by the City Council, City
Administration Manager or chairperson of the member commissions, and may be
assigned to the member commissions for detailed study and recommendations as
required. All recommendations by the Planning Commission shall be made to the City
Council.
(b) The Planning Commission is charged with responsibility for continuous community
planning, growth and development of comprehensive goals and policies, including but
not limited to, land use, housing, transportation, environment, parks and recreation,
public services, human resources, and other related community activities.
(c) The Planning Commission shall advise the City Council in the development of programs
to give increased effectiveness and direction in implementing established City goals and
policies and recommend actions needed to carry out planning responsibility.
(a) The Planning Commission shall serve as the Board of Appeals and Adjustment and
shall exercise all the authority and perform all functions of said Board pursuant to
Minnesota Statutes §§ 462.351 to 462.364 and operate according to the Fridley City Code.
4. Appeals and Requests
(a) The Planning Commission shall hear and recommend to the City Council appeals or
requests in the following cases according to the procedures established in Chapters 128
and 205 of Fridley Citythis Code: and Chapter 205.06 of the Fridley Zoning Code:
(1) Appeals where it is alleged that there is an error in any order, requirement, decision,
or determination made by a City compliance official in the enforcement of the City
Code, Zoning Code, Sign Code, Residential Licensing Code, or State Building Code.
(2) Requests for variances from the literal provisions of the Zoning Code or Sign Code in
instances where strict enforcement would cause practical difficulties due to
circumstances unique to the individual property under consideration.
5. Membership of Planning Commission
The Planning Commission shall consist of the Planning Commission chairperson, the
chairperson of the Parks and Recreation Commission, the chairperson of the Environmental
Quality and Energy Commission, and four members at large.
The chairperson of the Planning Commission and four members at large shall be appointed
by the City Council to serve for three-year terms as voting members of the commission. The
City Council shall stagger the appointments so that no more than two of these appointments
shall expire in any one year. Nothing herein shall prohibit any of these four Planning
Commission members from serving on other commissions; however, none of these five shall
be elected as chairperson or vice-chairperson of any other the member commissions.
a. The Planning Commission members serve as chairperson of the member commissions
and are appointed according to provisions outlined in the ordinance establishing each
member commission.
b. The Planning Commission shall each year, from their members choose a vice
chairperson. At any meeting of the Planning Commission, if the regular chairperson is
unable to attend, the vice chairperson shall act as chairperson.
c. At any meeting of the Planning Commission, if any commission member is unable to
attend, the vice chairperson of his/her member commission(s) may serve in his/her stead.
6.04 105.04 Parks and Recreation Commission
1. Commission Established
There is established a Parks and Recreation Commission for the City.
12. Purpose
The Parks and Recreation Commission is established to promote the systematic and
comprehensive development of park facilities and recreational activities necessary for the
physical, mental and emotional health and well-being of the residents of the City of Fridley.
23. Scope
(b)(a) The Parks and Recreation Commission shall act as an advisory commission to the
Planning CommissionCouncil for continuous community planning and development of
comprehensive City goals and policies. Any change in related community planning and
comprehensive City goals and policies must be reviewed by the Planning Commission
who will then make recommendations to the City Council.
(c)(b) The Parks and Recreation Commission shall advise the City Council, after a policy
review by the Planning Commission, in the development of programs to give increased
effectiveness and direction in implementing established City goals and policies and
recommend actions as needed to provide park and recreational opportunities.
34. Program
The Commission shall each year, prior to June 1, recommend a capital improvement investment
program for park improvement and acquisition and for public recreation activities for the ensuing
year.
45. Funds
For the purpose of financing the parks and recreation programs authorized by this Chapter, the
accounting shall be the responsibility of the Treasurer of the City City Treasurer. The Commission
shall be authorized to establish charges or fees for the restricted use of any facility or to make
any phase of the recreation program wholly or partially self-sustaining. Any employees who
handle cash in the process of collection shall be bonded.
6.05. 105.05 Environmental Quality and Energy Commission
1. Commission Established
There is established an Environmental Quality and Energy Commission for the City.
12. Purpose
The Environmental Quality and Energy Commission is established to stimulate interest in and to
promote an awareness of environmental and energy concerns among citizens and businesses of
the City of Fridley;. It will to serve as a resource to the City in the conservation and management
of energy and the environment, including information on environmental problems, laws, policies,
and regulations of the county, metropolitan, state, and federal levels to the extent of their effect
on Fridley; and to advise the City Council, the City Manager, and other appropriate City
commissions on matters pertaining to conservation and management of energy and the
environment, including the review and recommendation of programs and policies within the City.
23. Scope
(a) The Environmental Quality and Energy Commission shall act as an advisory commission
to the Planning CommissionCouncil for continuous community planning and
development of the comprehensive City goals and policies. Any change in related
community planning and comprehensive City goals and policies must be reviewed by the
Planning Commission which will then make recommendations to the City Council.
(b) The Environmental Quality and Energy Commission shall advise the City Council, after a
policy review by the Planning Commission, in the development of programs to give
increased effectiveness and direction on implementing established City goals and policies,
and recommend actions as needed relevant to the conservation and management of
environmental and energy resources.
1. The membership of the Environmental Quality and Energy Commission shall consist of
seven residents appointed by the City Council.
Section 7
That Chapter 5 of the City Code entitled “Ethics” be hereby amended as follows:
Fridley City Code
Chapter 5.106 Ethics
5.01. 106.01 Policy and DefinitionsPurpose
1. General Declaration of Policy.
It is necessary that all persons acting in the public service not only maintain high standards of ethical
conduct in their transaction of public business but that such standards be clearly defined and known
to the public, as well as to the persons acting in public service. In recognition of this goal, there is
hereby established a Code of Ethics for public officials, elected and appointed, and for top level City
employees. The purpose of this Code Chapter is to establish ethical standards of conduct for such
officials and City employees by setting forth those acts or actions that are incompatible with the best
interests of the City of Fridley (City) and by directing disclosure by such persons of private, financial
or other interests in matters affecting the City.
2. 106.02 Definitions
Financial Interest: Ownership of more than 10% of any of the following: (1) The outstanding stock
in a corporation; (2) An interest in a partnership, proprietorship, or other business entity; or (3)
An interest in real property. Financial interest shall apply to real or personal properties owned
by the person making the disclosure and by said person's spouse.
Personal Interest: Whenever a person required to make a disclosure under this Code of Ethics
Chapter shall be associated with a business as an employee, officer, director, trustee, partner,
advisor or consultant.
Top Level City Employees: the City Manager, the City Attorney, Ddepartment heads Directors,
City Clerk, Chief Building Official, and any other City employees designated by the City Manager.
5.02. 106.03 Scope of Persons Covered
The provisions of this Chapter shall be applicable to all members of the Fridley City Council (Council),
and the following advisory bodies: Planning Commission, Community Development Commission,
Appeals Commission, Parks and Recreation Commission, Environmental Quality and Energy
Commission, Human Resources Commission, Cable Television Commission, Housing and
Redevelopment Authority and Energy Commission, and all employees of the City.
5.03. 106.04 Fair and Equal Treatment Standards of Conduct
1. Subject to the provisions of Section 5.03.2 no person covered by this Chapter shall participate
in the discussion of, or vote on, any issue in which he or she has any financial interest. Also subject
to Section 5.03.2, no top-level City employee shall recommend, advise, or in any manner influence
the vote of the City Council or an advisory body on any issue in which he or she has a financial
interest.Pursuant to Minnesota Statute (M.S.) § 471.87 an officer of the City who is authorized to
approve or administer any sale, lease, or contract shall not have a personal financial interest in
that sale, lease, or contract, except those authorized by M.S. § 471.88.
2. No person covered by this Chapter shall take any official action with respect to a matter in
which he or she has a financial or personal interest, provided that participation in the decision
making process on his or her behalf as a private citizen shall not be proscribed by this Chapter
and provided further that he or she may participate in matters leading up to or preliminary to
official action to the extent that he or she disclosed any such direct financial or personal interest
as he or she may have in the same and to the extent that he or she has no discretion to make a
final controlling judgment or vote on the same. Disclosure of any such financial or personal
interest shall be made to the Council, commission, board or committee of which the person is a
member or, in the case of a top-level City employee, to the City Manager, when the item appears
on the agenda. Such disclosure shall be recorded in the minutes and shall become a matter of
public record.
32. No person covered by this Code of Ethics Chapter shall, without proper legal authorization,
disclose confidential information concerning the property, government or affairs of the City, nor
shall he or she use such information to advance the financial or other private interest of any
person. A former official shall not disclose or use any not public, privileged or proprietary
information gained by any reason of their office or employment.
43. No person covered by this Code of Ethics shall directly or indirectly solicit any gift or accept
or receive any gift of substance, whether in the form of money, services, loan, travel,
entertainment, hospitality, promise or any other form, under circumstances in which it could be
reasonably inferred that the gift was intended to influence him or her or could reasonably be
expected to influence him or her in the performance of official duties or was intended as a reward
for any official action on his or her part. The provisions of this Subdivision shall not apply to
political gifts that conform to the limitations prescribed by Minnesota Statutes for said gifts. No
person covered by this Chapter shall directly or indirectly receive any compensation, gift, reward,
or gratuity in any matter related to the duties of such an official’s office, except as may be
provided by law.
5. Except as specifically authorized by Section 471.88 of the Minnesota Statutes, no person
covered by this Code of Ethics who is authorized to take part in any manner in making any sale,
lease or contract in his or her official capacity shall have a direct financial interest in that sale,
lease or contract or personally benefit financially therefrom.
5.04. 106.05 Public Disclosure by City Council
1. Each member of the City Council shall file, as a public record in the office of the City Clerk, a
signed statement disclosing the following:
(a) A list of the names of all business corporations, partnerships and other business
enterprises or governmental agencies doing business with the City of Fridley or located
within the City of Fridley:
(1) with which he or she has they have a financial interest, or
(2) with which he or she has they have a personal interest;
(b) A list of the non-homestead real property located within the City of Fridley in which he or
she currently has they have a financial interest;
(c) A list of the non-homestead real property located within the City of Fridley in which he or
she they had a financial interest within the preceding three years;
(d) A list of the names and nature of business, of all corporations, partnerships and other
business enterprises with which he or she hasthey have a financial interest and in which
he or shethey knows one or more other persons covered by this Code of Ethics Chapter
also have a financial interest in said enterprise. This list shall indicate the name or names
of such other person or person(s) having such interest in said enterprise.
2. Each person who files as a candidate to become a member of the City Council or is filed as a
candidate for City Council, at the time of filing as a candidate, shall file the disclosure statement
required by this Section.
32. Within 30 days after each anniversary date of an initial filing, each person required to make
such a filing under this Section shall file a new disclosure statement setting forth the information
required hereby as of the time of the new statement.
43. Material changes in financial interest or in positions held shall be disclosed by filing an
amended disclosure statement within 30 days after such interest is obtained or such changed
position occurs.
5.05. 106.06 Public Disclosure by Members of Advisory BodiesCommissions
1. Each member, and each applicant for membership of any advisory commission or committee
shall file, as a public record in the office of the City Clerk, a signed statement disclosing the
following:
(b)(a) A list of names of all business corporations, partnerships and other business
enterprises or governmental agencies doing business with the City of Fridley or located
within the City of Fridley:
(1) with which he or she hasthey have a financial interest, or
(2) with which he or she hasthey have a personal interest;
(c)(b) A list of the non-homestead real property located within the City of Fridley in which
he or she currently hasthey have a financial interest.
2. Each person who is appointed or reappointed to an advisory body which is included in this
Code of Ethics Chapter shall file the disclosure statement within thirty (30) days of such
appointment.
3. Material changes in financial interest or in positions held shall be disclosed by filing an
amended disclosure statement within thirty (30) days after such interest is obtained or such
changed position occurs.
5.06. 106.07 Public Disclosure by Top Level City Employees, Except the City Attorney
1. The City Manager, department heads and other employees designated by the Manager,
except the City Attorney, shall annually file as a public record in the office of the City Clerk, a
signed statement disclosing the following information:
(b)(a) A list of names of all business corporations, partnerships and other business
enterprises or governmental agencies doing business with the City of Fridley or located
within the City of Fridley:
(1) with which he or she has they have a financial interest, or
(2) with which he or she has they have a personal interest.
(c)(b) A list of the non-homestead real property located within the City of Fridley in which
he or she currently has they have a financial interest;
(d)(c) A list of the names and nature of business, of all corporations, partnerships and other
business enterprises with which he or she has they have a financial interest and in which
he or she they know one or more other persons covered by this Code of Ethics Chapter
also having a financial interest in said enterprise. This list shall indicate the name or names
of such other person or person(s) having such interest in said enterprise.
2. Each newly hired manager or department headtop level employee, except the City Attorney,
shall within 30 days of the hiring date and annually thereafter, file the disclosure statement
required by this Section.
3. Material changes in financial interest or in positions held shall be disclosed by filing an
amended disclosure statement within 30 days after such interest is obtained or such changed
position occurs.
5.07. 106.08 Public Disclosure by City Attorney
1. The City Attorney shall annually file, as a public record in the office of the City Clerk, a signed
statement disclosing the following information:
(a) A list of names of all business corporations, governmental agencies, companies, firms or
partnerships and other business enterprises doing business with the City of Fridleyor
located within the City of Fridleyin which he or she hasthey have any financial interest,
except that clients of the City Attorney's private law practice shall be excluded from the
list, provided that no other business relationship except that of attorney/client exists;. and
(b) A list of the non-homestead real property located within the City of Fridley in which he or
shethey currently has have a financial interest.
2. The City Attorney, or members of his or hertheir law firm, shall not appear before the City
Council, commission or committee for the purpose of representing any client, except the City of
Fridley or employees of the City of Fridley, when such latter representation is in connection with
their official duties as City employees.
3. Any person who is appointed or hired as City Attorney shall, within thirty (30) days of said
appointment, and annually thereafter, file the disclosure statement required by this Section.
4. Material changes in financial interest or in property holdings shall be disclosed by filing an
amended disclosure statement within thirty (30) days after such change occurs.
5.08.106.09 Exclusions
This Code of Ethics Chapter shall not be construed to require filing of information relating to any
person's connection with, or interest in, any professional society or any charitable, religious, social,
fraternal, recreational, public service, civic or political organization, or of any similar organization not
conducted as a business enterprise, nor shall disclosure be required hereby where prohibited by
professional or business association ethics promulgated by any State governmental agency.
5.09.106.10 Method of Filing
The City Manager shall inform each person required by the Code of Ethics this Chapter to file a
disclosure statement and the time and place for filing. The City Clerk shall prepare the necessary
forms for the disclosure statements. The City Manager shall make available to the City Council or
individual council members, copies of all disclosure statements filed within fourteen (14) days after
said filing. The City Manager shall notify the City Council whenever a person who is required by this
Chapter to file a disclosure fails to do so.
5.10.106.11 Violations
Any violation of the provisions of this Chapter is a misdemeanor and is subject to all penalties
provided for such violations under the provisions of Chapter 901 of the Fridley City Code. The City
shall reimburse reasonable defense costs providing the defendant is found “not guilty.” An official
must report any conduct by other local officials that they believe violates this Chapter.
Section 8
That Chapter 905 of the City Code entitled “Adoption by Reference” be hereby repealed in its entirety.
Fridley City Code
Chapter 905. Adoption by Reference
905.01. Requirement
Where codes, ordinances, rules or regulations have been adopted by reference in any section of this
Code, three (3) copies of such codes, ordinances, rules or regulations shall be filed by the City Clerk
in such Clerk's office for inspection and use by the public and each copy shall be marked with the
words "City of Fridley, Anoka County, Minnesota - Official Copy".
Passed and adopted by the City Council of the City of Fridley on this 14th day of March, 2022.
______________________________________
Scott J. Lund - Mayor
______________________________________
Melissa Moore - City Clerk
Public Hearing: February 28, 2022
First Reading: February 28, 2022
Second Reading: March 14, 2022
Publication: March 18, 2022