09-25-2023
Council Conference Meeting
September 25, 2023
5:30 PM
Moore Lake Park and Fridley City Hall
Agenda
Notice is hereby given that there will be a quorum of the Fridley City Council (Council) on September 25,
2023 at 5:30 p.m. at Moore Lake Park (5872 Central Avenue NE). The Council will receive an update on
k System Improvement Plan. The Council will leave the
park at 6:20 p.m. and continue the Conference Meeting at Fridley City Hall (7071 University Avenue NE)
at 6:40 p.m.
1.Moore Lake Park Project Tour
2.Recodification Update
Upon request, accommodation will be provided to allow individuals with disabilities to participate in any
City of Fridley services, programs, or activities. Hearing impaired persons who need an interpreter or other
persons who require auxiliary aids should contact the City at (763) 571-3450.
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AGENDA REPORT
Meeting Date: September 25 2023 Meeting Type: City Council Conference Meeting
Submitted By: James Kosluchar, Director of Public Works and Engineering
Mike Maher, Parks and Recreation Director
Jeff Jensen, Public Works Manager
Nic Schmidt, Engineering Project Manager
Title
Moore Lake Park Project Tour
Background
On September 25, 2023 at 5:00 PM, City staff and our project construction manager Krause Anderson
will host a tour of the Moore Lake Park Project. The tour will be led by Public Works staff and Parks and
Recreation staff, along with John Nordby and Paul Trudeau of Kraus Anderson. Council should wear
comfortable clothing for the weather (at this time highs forecast in the upper 60s) and conditions, we
believe the site will get a bit wet over the weekend. Construction footwear will not be required and the
City will provide hard hats and vests for the Council. We ask that the City Council park in the north
parking lot, but if full we ask the Councilmembers to park on the west side of Central Avenue near the
north parking lot. The tour will begin at the Kraus Anderson trailer. We will have plan sheets and
handouts available.
We appreciate your feedback and responding to any questions you have regarding the construction or
improvements.
Financial Impact
There is no financial impact related to the tour.
Recommendation
We request the City Council attend the tour.
Focus on Fridley Strategic Alignment
X Vibrant Neighborhoods & Places Community Identity & Relationship Building
Financial Stability & Commercial Prosperity X Public Safety & Environmental Stewardship
X Organizational Excellence
Attachments and Other Resources
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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AGENDA REPORT
Meeting Date:September 25, 2023 Meeting Type:City CouncilConferenceMeeting
Submitted By:Melissa Moore, City Clerk/Communications Manager
Title
Recodification Update
Background
Pursuant to Minnesota Statute § 415.02 and Fridley City Charter (Charter) § 1.02, the Fridley City Council
(Council) may codify and publish ordinances that carry the force and effect of law for the City of Fridley
(City), which may be arranged into a system generally referred to as the Fridley City Code (Code).
Recodification of the Code was authorized by the Council by Resolution No. 2021-67.
At this time staff are prepared to present the Council with drafts of threechapters planned for Title 5,
Lands and Buildings:
Landscape Maintenance
Tree Management
Private Property Snow and Ice Removal.
Tree Management and Private Property Snow and Ice Removal arepreceded with a Recodification Report
to explain the substantive changes of each chapter. Landscape Maintenance does not have a
Recodification Report as the draft does not propose substantial updates. All revisions have been
reviewed by staff and the City Attorney.
The next pre-scheduled recodification update for the Council is set for November 27, 2023.
Attachments and Other Resources
Landscape Maintenance
Tree Management and Recodification Report
Private Property Snow and Ice Removal and Recodification Report
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Fridley City Code
Chapter 105.TBD Landscape Maintenance
105.01TBD.01 Purpose
The purpose of this section of city code is to Chapter is to establish minimum standards for
landscape maintenance and to protect surface water quality by allowing natural areas where they
can benefit water quality throughout the City of Fridley (City).
105.02TBD.02 Definitions
1. Designated Natural Area: An area of native plants that has never been disturbed, or an area
intentionally planted with native or naturalized perennial vegetation greater than ten (10) inches
in height that has an edged border separating it from areas of turf grass.
2. Garden: A cultivated area dedicated to the growing of vegetables, fruit, flowers, perennials,
shrubs, and similar ornamental plants that were intentionally specifically planted in that location
and where common weeds are not the predominant vegetation.
3. Landscape: The area of a parcel of land that is not covered with an impervious surface.
4. Lot: A parcel of land adjacent to a street or road, including the right-of-way between the
property and the curb.
5. Noxious Weeds: Includes both Any prohibited noxious weeds and secondary noxious weeds as
defined by the State of Minnesota Department of Agriculture, excluding dandelions. (Note: this
does not include dandelions.)
6. Right-of-Way: The area on, below, or above a public roadway, highway, alley, street, bicycle
lane, public sidewalk, and or boulevard in which the City has an interest, including the dedicated
rights-of-way for travel purposes and utility easements of the City. A right-of-way does not include
the airwaves above a right-of-way with regard to cellular or other nonwire wireless
telecommunications or broadcast service.
7. Waterway: Any body of water that receives storm water runoff, including wetlands, lakes, ponds,
streams, rivers, and reservoirs. Shall Waterway does not include water flowing on streets, or water
pooling for less than 24 hours on private property after a rain event.
8. Wooded Area: An area of trees and other native plant materials. identified as follows: wherefor
every 100 square feet of area considered, contains at leastthere shall not be less than six (6) trees,
each of a six inch (6Ò) caliper measurement when, measured at a point of six inches (6Ò) above
grade from the base of each tree measured.
105.03TBD.03 Required Maintenance
Landscaped areas of all properties must be maintained by the owner to beand free of noxious
weeds. Ground cover, except for trees and shrubs, in landscaped areas may not exceed ten (10)
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inches in average height except for ground cover in gardens and designated natural areas.
Designated natural areas which do not need to be edged include: drainage ponds, ditches,
lakeshore areas, parks, 3 to 1three to one or greater slopes, stream banks, vacant lots, wetlands,
or wooded areas. Landscaped areas must be kept free of litter. Vegetation shall must not be
permitted to be overgrown or encroach onto adjacent properties. Failure to comply is a nuisance
as defined in the Public Nuisance Chapter of the Fridley City Code (Code).
105.04TBD.04 Intervention by the City
If the provisions of Section 105.03this Chapter are not complied with, the city manager or
his/herCity Manager or their designee shall will give written notice to the owner of the property
in violation. If the property owner fails to bring the violating property into compliance with Section
105.03 this Chapter within the time specified in the notice, or if the owner of the property cannot
be located, designated city City staff shall may perform the necessary work on the landscaping in
order to have the landscape broughtbring the landscaping into compliance. and The City will
invoice the property owner for the cost costs incurred by the City for the work performed and of
such service and abatement administrative costs associated with the abatement according to the
procedures established in Chapter 128the Abatement of Exterior Public Nuisances Chapter of the
City Code.
105.05TBD.05 Protection of Waterways
1. In addition to proper landscape maintenance, all property owners in the City of Fridley
must protect surface water quality through the following measures:
A.1. No person is permitted to deposit leaves, grass clippings, or other plant waste within
twenty-five (25) feet of a waterway or ten (10) feet of a bluff line, whichever is greater.
B.2. No person is permitted to deposit or store yard waste of any kind in a right-of-way or
roadway, except as permitted in Chapter 113 the Solid Waste Management Chapter of the
Code or in the process of maintaining the right-of-way.
C.3. Extreme care must be taken to prevent landscape fertilizers, pesticides, and herbicides
from falling on a paved surface. Any applied granular landscape fertilizer, pesticide, or
herbicide must be swept from any paved surfaces immediately upon completion of application
as specified in State Statuteslaw. Commercial lawn care product applicators must post public
notification signs when lawn care products are applied. No person shall may remove such
signs for 48 hours or, as required by State law.
105.06 Penalties
Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such
violations under the provisions of Chapter 901 of this Code. Each day the violation exists or
continues to exist shall be deemed a separate offense.
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RECODIFICATION REPORT
Introduction
To aid accessibility and clarity in understanding of proposed updates to large, and sometimes complicated
chapters of the Fridley City Code (Code), this Recodification Report (Report) will accompany select
ordinances as they are introduced to the City Council. The Report will illuminate substantive changes to the
Code (e.g., addition or removal of a section, fee changes, policy updates, etc.). It will not point out
grammatical, punctuation, renumbering, or stylistic changes.
TitlePlacement
Title 1 General ProvisionsTitle 6 Zoning
Title 2 Administration Title 7 Licensing
Title 3 Health, Safety and Welfare Title 8 Franchises, Utilities and Right-of-Way
Title 4 Public NuisanceTitle 9 Public Ways and Places
Title 5 Lands and BuildingsAppendices
Chapter Information
Chapter Title:Tree ManagementRecodification Liaisons:Rachel Workin,
Environmental Planner, Jeff Jensen, Operations
Manager Parks/Streets; Stacy Stromberg, Planning
Manager;Melissa Moore, City Clerk; Trent Homard,
Administrative Intern; Beth Kondrick, Deputy City
Clerk; Maxwell Lohse, Planning Intern
Current Chapter Number:104New Chapter Number:TBD
Substantive Changes
Section NumberCurrent CodeProposed Changes
TBD.02Staff recommendupdating definitionsto
clarify the scope of the chapter.
TBD.06Describes how the City will The added text was moved from Section
investigate possible nuisance trees.104.07 for consistency and clarity.
TBD.08Describes how the City will remove
trees declared a public nuisance, if managing public nuisances are laid out in
the property owner does not the Abatement of Exterior Public
within 30 days of notification.Nuisance Chapter of the Code.
104.09Requires the City to keep all The City complies with the Minnesota
appropriate records related to itsData Practices Act, as required by the
Tree Management Program.Fridley City Charter. All corresponding
records are retained and managed as
required by State law.
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Fridley City Code
Chapter 104.TBD Tree Management
104.01. Declaration of PolicyTBD.01 Purpose
The City Council of Fridley has determined that trees Trees provide a public benefit including
cleaner air, cleaner water, decreased soil erosion and increased property values in the City of
Fridley (City). It is further determined that nuisance trees growing upon on public and private
property impair the safety, good order, general welfare, and convenience of the public. It is
declared to be the intention of the Council to maintain a resilient urban forest and this Chapter is
enacted for that purpose.
TBD.02 Definitions
Boulevard Tree: A tree growing within an improved street or alley right-of-way or an easement
that has been acquired for an existing improved street or alley.
Removal: The cutting of a tree at the trunk to be level with the surrounding ground.
104.02.TBD.03 Forester Position Created
The powers and duties of the City Forester as set forth in this Chapter are hereby conferred upon
on the Director of Public Works and all designated representativesor their designee. It is the duty
of the Forester to coordinate under the direction and control of the City Manager or their designee
all activities of the City relating to the management of trees on City property, the control and
prevention of tree pests that would threaten the integrity of the CityÔs urban forest, and the
elimination of nuisance trees. The Forester shall will recommend to the City Manager or their
designee the details of the program for the maintenance of a resilient urban forest and perform
the duties incident to such a program adopted by the Fridley City Council (Council).
104.03.TBD.04 Program
It is the intention of the Council of Fridley to conduct a Management Program directed at the
maintenance of a resilient urban forest. The City shall will have the right to plant, prune, maintain,
remove and replace all trees, shrubs, and other plantings now or hereafter on properties
controlled by the City including in any street, park, boulevard, public right-of-way or easement as
may be necessary to ensure public safety or to preserve and enhance the CityÔs urban forest. The
City shall will also have the right to require the abatement of any trees on public or private
property deemed to be public nuisances as outlined in the this Chapter.
104.04.TBD.05 Nuisance Declared
The following are public nuisances whenever they may bewhen found within the City of Fridley:
1. Any diseased or infested tree or part thereof, including logs, branches, stumps, firewood, or
other wooden material which has been determined to present a condition which endangers
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the safety or health of the public or urban forest and has not been abated according to the
prescription of the City Forester.
2. Any hazardous tree which is determined to have structural defects in the roots, stem, or
branches that may cause the tree or part thereof of the tree to fail, where such failure may
cause personal injury or property damage to a Ñtarget.Ò A "target" includes, but is not limited
to, people, vehicles, buildings, and property, etc. Trees without targets are not considered
hazards even if they are likely to fail and can be considered beneficial in habitat protection.
104.05.TBD.06 Abatement
1. It is unlawful for any person to allow a public nuisance as defined in Section 104.04this
Chapter to remain on any premises owned within, or controlled by, the City of Fridley. Such
nuisances may be abated in the manner prescribed by this Chapter and according to the
procedures established in Chapter 128the Abatement of Exterior Public Nuisances Chapter of
the City Code.
2. In abating the nuisances defined in this Chapter, the Forester or their designee will prescribe
the nuisance tree or wood to be evaluated, monitored, sprayed, root barriered, removed,
burned or otherwise effectively treated so as to eliminate and prevent, as fully as possible, the
nuisance. Such abatement procedures will be carried out in accordance with current technical
and expert opinions and procedures.
104.06.TBD.07 Inventory, Inspection and Investigation
1. The Forester or an agent thereoftheir designee may inspect all premises and places within
the City as often as deemed appropriate to determine any condition described in Section
104.04 of this Chapter. The Forester shall will investigate all reported incidents of nuisance
trees.
2. The Forester or an agent thereoftheir designee may enter upon private premises at any
reasonable time for the purpose of carrying out any of the duties assigned under this Chapter.
3. The Forester or an agent thereoftheir designee shall will make a field diagnosis according
to generally accepted field diagnosis procedures.
104.07. Abatement of Nuisances
In abating the nuisances defined in Section 104.04, the Forester or an agent thereof shall prescribe
the nuisance tree or wood to be evaluated, monitored, sprayed, root barriered, removed, burned
or otherwise effectively treated so as to eliminate and prevent, as fully as possible, the nuisance.
Such abatement procedures shall be carried out in accordance with current technical and expert
opinions and procedures.
104.08.TBD.08 Procedures for Removal of Infected Trees or Woods
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When the Forester or their designee thereof finds that a public nuisance as defined in Section
104.04this Chapter exists in any tree or wood in any public or private place in the City, the Forester
shallwill:
1. On private property, notify the property owner in writing with a Nuisance Tree Abatement
Notice. The property owner shall must carry out any recommended abatement procedure(s)
within thirty (30) days from the date of receipt of the notification unless a written extension is
granted by the Forester.a specified amount of time from the date of receipt of the notification
unless a written extension is granted by the Forester.
(a) If the owner fails to follow the recommendation of the Nuisance Tree Abatement Notice
within the designated time period, the Forester shall will notify the property owner in
writing that the City will contract for the abatement of the public nuisance. The Forester
shall then proceed to contract for the abatement procedures as soon as possible and shall
report to the City Clerk all costs resulting from the abatement procedures carried out on
such private property. The City Clerk shall list all such charges related to the City
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abatement administrative costs against each separate lot or parcel by September 15 of
each year as special assessments to be collected commencing with the following yearÔs
taxes. All assessments and abatement-related costs shall be added to each assessment.
and will follow the abatement processes established in the Abatement of Exterior Public
Nuisances Chapter of the Code.
2. In the case of boulevard trees, defined as a tree growing within an improved street or alley
right-of-way or an easement that has been acquired for an existing improved street or alley,
notices will be mailed to the owner of the abutting property as previously described in Section
104.08.1. However, theThe City shall will abate any nuisance boulevard tree at no cost to the
property owner. If the property owner desires, the City will replace the tree with a tree on the
ownerÔs property in the vicinity of the removed tree.
3. All assessments levied for the repayment of tree disease abatement costs may be repaid
over a period designated by the City Council. Such assessments shall will be levied in
accordance with the assessment procedures established in City Code Chapter 128the
Abatement of Exterior Public Nuisances Chapter of the Code.
4. If the nuisance tree is located on public land, the Forester shall will transmit a similar
notification including prescription to the agency responsible for maintenance of said property.
Such nuisances on public property shall will be abated by the respective agentagency,
according to the prescriptions of the City Forester within thirty (30) days of notification unless
a written extension is granted by the Forester.
104.09. Program Records
The Forester shall keep accurate records of the Tree Management Program including the costs of
abatements ordered under this program. The Forester shall report to the City Council all work
done for which assessments are to be made stating and certifying the description of the land, lots,
and parcels involved and the amount chargeable to each.
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104.10.TBD.09 Interference Prohibited
It is unlawful for any person to prevent, delay or interfere with the Forester or agent thereoftheir
designee while they are engaged in the performance of duties imposed by this Chapter.
104.11.TBD.10 Tree Management License Required
It shall beis unlawful for any individual, partnership or corporation to conduct as a business the
cutting, trimming, pruning, removing, spraying or otherwise treating of trees, shrubs or vines in
the City without first having secured a license from athe City to conduct such business.
104.12.TBD.11 Tree Management License RequirementsApplication
1. Application
Application for a license under this Chapter shall be made at the office of the City Clerk of the
City.
2. Application Form
1. No person may operate a tree management service within the City without a valid license
from the City, which includes the following requirements: The application for a license shall
be made on a form approved by the City which includes
(a) Business name and address;
(b) Name Full legal name and address of applicant;
(c) Business phone number;
(d) Number and type of vehicles;
(e) Type of state licenses and/or certifications applicant or employees haveProof of registry
in the Minnesota Department of Agriculture Tree Care Registry; and
(f) Any other information deemed necessary by the City Clerk for the license.Location of
brush disposal site.
3.2. Liability Insurance
No license or renewal of a license shall will be granted, nor shall the sameor be effective, until
the applicant has filed with the City Clerk proof of a general liability insurance policy covering
all operations of such applicant under this Chapter for the sum of at least one million dollars
($1,000,000) $1 million per occurrence and two million dollars ($2,000,000) $2 million annual
aggregate and for at least one hundred thousand dollars ($100,000) against liability for
damage or destruction of property. The City shall must be named and the insurance provided
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shall must include the City as an additional party insured. Said policy shallThe policy must
provide that it may not be cancelled by the insurer except after ten (10) days written notice to
the City, and if such insurance is so cancelled and licensee shall will fail to replace the same
with another policy conforming to the provisions of this Chapter said license shall will be
automatically suspended until such insurance shall have been replaced.
4. Worker's Compensation Insurance
Each license applicant shall must file with the City Clerk a Certificate of Insurance evidencing
that the applicant carries the statutory amounts of Worker's CompensationworkerÔs
compensation insurance when such insurance is required by State Statute.
5. Chemical Treatment Requirements
Applicants who propose to use chemical substances in any activity related to treatment or
disease control of trees, shrubs or vines shall must file with the City Clerk proof that the
applicant or an employee of the applicant administering such treatment has been certified by
the Agronomy Division of the Minnesota Department of Agriculture as a "commercial
pesticide applicator.Ò Such certification shall must include knowledge of tree disease chemical
treatment.
6. Minnesota Tree Care Registry
All applicants must be registered with the Minnesota Department of Agriculture Tree Care
Registry.
6. Fees
The annual license fee is provided in the Fees Chapter of the Code. Chapter of the Code.
104.13. Fees
The annual license fee and expiration date shall be as provided in Chapter 11 of this Code.
104.14. Penalties
Any violation of this Chapter is a misdemeanor and is subject to penalties provided for such
violations under the provisions of Chapter 901 of this Code.
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RECODIFICATION REPORT
Introduction
To aid accessibility and clarity in understanding of proposed updates to large, and sometimes
complicated chapters of the Fridley City Code (Code), this Recodification Report (Report) will accompany
select ordinances as they are introduced to the City Council. The Report will illuminate substantive
changes to the Code (e.g., addition or removal of a section, fee changes, policy updates, etc.). It will not
point out grammatical, punctuation, renumbering, or stylistic changes.
TitlePlacement
Title 1 General ProvisionsTitle 6 Zoning
Title 2 Administration Title 7 Licensing
Title 3 Health, Safety and Welfare Title 8 Franchises, Utilities and Right-of-Way
Title 4 Public NuisanceTitle 9 Public Ways and Places
Title 5 Lands and BuildingsAppendices
Chapter Information
Chapter Title:Winter MaintenanceRecodification Liaisons:Rachel Workin,
Environmental Planner, Brandon Brodhag,
Assistant City Engineer; Jeff Jensen, Operations
Manager Parks/Streets; Stacy Stromberg, Planning
Manager;Melissa Moore, City Clerk
Current Chapter Number:514New Chapter Number:TBD
Substantive Changes
Section NumberCurrent CodeProposed Changes
TBD.02The section defines terms found Staff recommendupdating definitions
throughout the Chapterfor consistency with other chapters of
the City Code and based on the model
ordinance for bulk deicer storage
provided by the Minnesota Pollution
Control Agency (MPCA).
TBD.04This section was added for
compliance with the revised Municipal
Separate Storm Sewer System permit
issued to the City by the MPCA.
TBD.05This section was added to reduce
water quality contamination from
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RECODIFICATION REPORT
accumulated deicer remaining after
snow melt.
TBD.07Declares violations of the Chapter are For consistency, all fees in the Code
a public nuisance and lists the fees are moved to the Fees Chapter.
associated with any violations.
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Fridley City Code
Chapter 514 TBD SNOW AND ICE REMOVAL Winter Maintenance
514.01TBD.01 Purpose
1. The purpose of this section is to protect the public health and safety arising out of the
deposit, accumulation, and/or storage of winter snow, deicers, and/or ice on the public streets,
sidewalks, bikeway/walkway, and other public or private property and to provide penalties for
violations.
2. Nothing in this section shallChapter may be construed to prohibit the city City of Fridley
(City) from conducting snow or ice plowing or removal activities.
514.02TBD.02 Definitions
The following definitions apply in the interpretation and application of this Chapter.
The following definitions apply in this section of the Code. References hereafter to sections are,
unless otherwise specified, references to sections in this Chapter. Defined terms remain defined
terms whether or not capitalized.
Base Flood: The flood having a one-percent chance of being equaled or exceeded in any given
year. ÑBase floodÒ is synonymous with the term Ñregional floodÒ used in Minnesota Rules, part
6120.5000.
Bulk Deicer Storage Facilities: All temporary and permanent, indoor and outdoor, salt piles, salt
bag storage, sand piles and other storage of materials used for deicing and/or traction during
winter conditions that are more than two tons in solid form (or 250 gallons in liquid form).
Bulk Snow Storage: Fallen snow that is trucked, hauled, or moved to a defined location not
including incidental accumulations of snow occurring due to routine roadway snow plowing.
Deicer: Any substance used to melt snow and ice or used for its anti-icing effects.
Floodplain: The beds, channel and the areas adjoining a wetland, lake or watercourse, or other
source which have been or hereafter may be inundated by the base flood.
Private Property: Property owned by a person, firm, voluntary associations or corporations other
than a government body that is not generally open for use by the public.
Public Property: Property that may be used by the public subject to reasonable regulations by a
governmental body, including public rights-of-way for streets and highways.
Semi-public Property: Private property generally open for use by the public but not owned or
maintained by a governmental body. Such property includes without limitation church property,
school property, shopping centers and all other property generally used by patrons of a
commercial or private business establishment; including private streets and residential areas.
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Snow Season: The time between the first snowfall after July 1 in a given year until the last snowfall
before June 30 in the subsequent year.
514.03TBD.03 Snow Removal
1. The City shall will remove snow and ice from City streets, alleys, walks and trails on Public
Property public property that it maintains in accordance with its Snow and Ice Control Policy.
2.It shall beis unlawful unless specifically approved by the City for any property owner to
place or have placed snow or iced ice from their property, driveway, or parking area onto or
across the any public sidewalk, bikeway/walkway, street or highway which results in piles or
rows on the paved surface or upon the boulevard or property of another property owner
without prior permission whether done by him/herselfthemselves or their an agent for
him/herself. The Director of Public Works or their designee may give approval for temporary
placement of snow from service stations, private parking or similar areas private property
onto public property, provided the snow will be removed within 48 hours following its
placement on City property.
TBD.04 Bulk Deicer Storage Facility Requirements
1. General Requirements
(a) Indoor operations for the bulk storage of deicing materials must be provided wherever
possible in order to prevent such materials from dissolving or otherwise transported or
affected by rain, snow and melt water.
(b) All salt, sand and other deicing materials stored outdoors must be covered at all times.
(1) When not using a permanent roof, a waterproof impermeable cover must be placed
over all storage piles (to protect against precipitation and surface water runoff). The
cover must prevent runoff and leachate from being transported from the outdoor
storage pile location. The cover must be secured to prevent its removal by wind or
other storm events.
(2) Any leaks, tears or damage to roofs or covers should be immediately repaired in a
temporary or permanent fashion during winter to reduce the entrance of precipitation.
Permanent repairs must be completed prior to the next winter season.
2. Facility Siting
(a) The facility may not be located on or within floodplains, storm drains, manholes, catch
basins, wetlands or any other areas likely to absorb runoff.
(b) The facility must be located entirely on an impermeable surface.
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(c) The facility must be protected by grading or other appropriate measures to prevent the
intrusion of liquids including stormwater runoff.
3. Bulk Snow Storage. Bulk Snow Storage piles must be located downslope from salt and deicer
storage areas to prevent the snow melt from flowing through storage areas and carrying
material to the nearest drainage system or waterway.
4. Transfer of Materials. Practices must be implemented in order to reduce exposure (e.g.,
sweeping, diversions, and/or containment) when transferring salt or other deicing material
from the facility.
TBD.05 Parking Lot, Sidewalk, and Private Road Sweeping Requirements
Accumulated deicer and/or material used for traction during winter conditions remaining
following snow and/or ice melt must be removed to avoid discharge into the storm sewer system
or downstream waterbodies.
514.04TBD.06 Owner Responsibility
1. Every property owner is responsible for ensuring that during the winter snow and ice
season that residual snow or ice from the driveway and/or parking area is not placed onto the
sidewalk, bikeway/walkway, street or another property without the property ownerÔs
permission during the snow or ice removal activities.
2. Property owners must eliminate any hazardous snow or ice condition by clearing residual
snow and ice from walks or tails trails on adjacent Public Property that are plowed by the City
in accordance with its Snow and Ice Control Policy. Such clearing of snow and ice by property
owners will occur within forty-eight (48) hours of cessation of any snowfall and any subsequent
snow and ice removal activities performed by or on behalf of the City.
3. The property owner is responsible for any violation of this section Chapter whether the
violation is the result of his/hertheir action or that of an agent or tenant for of the property
owner.
514.05TBD.07 Penalties
1. Violation of this section shall beChapter is a public nuisance as defined by the Public
Nuisance Chapter 110 of the Code, and shall are be subject to all penalties and remedies
contained therein. In addition, violation of this section shall beChapter are subject to all
penalties and remedies pursuant to Minnesota Statutes Chapter 429.
2. Upon the first violation of this section each Snow Season, the property owner will be issued
a warning notice, subsequent violations may result in a civil penalty.
3. The Snow Removal Penalty is outlined in the Fees Chapter of the Code. Succeeding
violations of the provisions of this section shall be a misdemeanor, subject to penalties per
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occurrence set forth in Chapter 901. In the alternative, the City may, in its discretion, impose
a civil penalty as follows:
nd
2 Offense during any Snow Season: $ 50.00
rd
3 Offense during any Snow Season: $200.00
th
4 Offense or more during any Snow Season: $500.00
In addition, the City may charge to, and assess to the associated property, any damage to City
property or injury to City employees attributable to violations of this section.
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