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02-12-2024 City Council Meeting February 12, 2024 7:00 PM Fridley City Hall, 7071 University Avenue N.E. Agenda Call to Order The Fridley City Council (Council) requests that all attendees silence cell phones during the meeting. A paper copy of the Agenda is at the back of the Council Chambers. A paper copy of the entire Agenda packet is at the podium. The Agenda and all related FridleyMN.gov/1564/Agenda- Center. Pledge of Allegiance Proclamations/Presentations Proposed Consent Agenda The following items are considered to be routine by the Council and will be approved by one motion. There will be no discussion of these items unless a Councilmember requests, at which time that item may be moved to the Regular Agenda. Meeting Minutes 1.Approve the Minutes from the City Council Meeting of January 22, 2024 2.Receive the Minutes from the City Council Conference Meeting of January 22, 2024 3.Receive the Minutes from the Housing and Redevelopment Authority Meeting of December 7, 2023 New Business 4.Ordinance No.1418, Amending theFridley City Code Chapter 209, Fees, to Update Building and Inspection Fees 5.Resolution No. 2024-16, Scheduling a Public Hearing on February 26, 2024 to Consider Ordinance No. 1419, Creating Title No. 5 (Lands and Buildings) of the Fridley City Code and the Chapters Contained Therein 6.Resolution No. 2024-17, Approving an Agreement Between the City of Fridley and the Minnesota Department of PublicSafety -Bureau of Criminal Apprehension (BCA) for Participation in the Violent Crime Reduction Unit (VCRU) rd 7.Resolution No. 2024-18, Approving Change Order No. 2 for 53Avenue Trail and Walk Improvements Project No. ST2023-21 2 City Council Meeting 2/12/2024 Agenda Page 2 8. Resolution No. 2024-21, Approving an Exemption to Terms of the Temporary Intoxicating Liquor Permit for the Fridley Fire Division for an Event to be Held on March 16, 2024 at the Springbrook Nature Center Claims 9. Resolution No. 2024-22, Approving Claims for the Period Ending February 7, 2024 Open Forum The Open Forum allows the public to address the Council on subjects that are not on the Regular Agenda. The Council may take action, reply, or give direction to staff. Please limit your comments to five minutes or less. Regular Agenda The following items are proposed for the Council's consideration. All items will have a presentation from City staff, are discussed, and considered for approval by separate motions. Public Hearing(s) 10. Public Hearing and Adoption of Resolution No. 2024-20, Approving an Alley and Easement Vacation Request, SAV #23- generally located on the southeast corner of Mississippi Street and Central Avenue N.E. (Ward 2) New Business 11. Resolution No. 2024-19, Authorizing Staff to Resubmit a Comprehensive Plan Amendment to the Metropolitan Council to Change the Future Land Use Designation from C Commercial to P Parks and Recreation for the Land Generally Located at 6101 University Avenue Informal Status Reports Adjournment 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) 572-3450. 3 '% CITY COUNCIL MEETING �x February 12, 2024 Fridley 7:00 PM Fridley Civic Campus, 7071 University Avenue N.E. SIGN IN SHEET If you wish to address the City Council, please sign in so that staff or a member of the City Council may contact you. Thank you. Name Email Phone Item No. Jufn!2/ AGENDA REPORT Meeting Date:February 12, 2024 Meeting Type:City Council Submitted By:Roberta Collins, Assistant to the City Manager Title Approve the Minutes from the City Council Meeting of January 22, 2024 Background Attached are the minutes from the City Council meeting of January22, 2024 Financial Impact None. Recommendation Staff recommend the approval of the minutes from the City Council meeting of January 22, 2024. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources Minutes from the City Council Meeting of January 22,2024 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 4 Jufn!2/ City Council Meeting January 22, 2024 7:00 PM Fridley City Hall, 7071 University Avenue NE Minutes Call to Order Mayor Lund called the City Council Meeting of January 22, 2024, to order at 7:00 p.m. Present Mayor Scott Lund Councilmember Dave Ostwald Councilmember Tom Tillberry Councilmember Ryan Evanson Councilmember Ann Bolkcom Others Present Walter Wysopal, City Manager Scott Hickok, Community Development Director Jim Kosluchar, Public Works Director Pledge Of Allegiance Proclamations/Presentations Approval of Proposed Consent Agenda Motion made by CouncilmemberBolkcomto adopt the proposed Consent Agenda.Seconded by CouncilmemberTillberry. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. Approval/Receipt of Minutes 1.Approve the Minutes from the City Council Meeting of January 8, 2024. 2.Receive the Minutes from the City Council Conference Meeting of January 8, 2024. New Business 3.Resolution No. 2024-08, Approving Amendment to Purchasing Agent Agreement with Bredemus Hardware Co., Inc. for Moore Lake Community Building and Site Improvements Project. 5 Jufn!2/ City Council Meeting 1/22/2024 Minutes Page 2 thth 4. Resolution No 2024-09, Approving Change Order No. 1 (Final) for 7 Street and 57 Avenue Trail Project No. ST2022-21. 5. Resolution No. 2024-11, Approving Gifts, Donations and Sponsorships Received Between December 12, 2023 and January 12, 2024. 6. Resolution No. 2024-14, Approving an Agreement Between the City of Fridley and Canvas Health to Create an Embedded Social Worker Program. 7. Resolution No. 2024-15, Appointing Election Judges for the 2024 Election Year. Licenses 8. Resolution No. 2024-13, Approving City Licenses. Claims 9. Resolution No. 2024-12 Approving Claims for the Period Ending January 17, 2024. Open Forum, Visitors: (Consideration of Items not on Agenda 15 minutes.) No one from the audience spoke. Adoption of Regular Agenda Motion made by Councilmember Tillberry to adopt the regular agenda. Seconded by Councilmember Evanson. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. Regular Agenda New Business 10. Ordinance No. 1418, Amending the Fridley City Code Chapter 209, Fees, to Update Building and Inspection Fees (First Reading) Scott Hickok, Community Development Director, presented an amendment to Chapter 209 which will update the electrical inspection fees for the City. He stated that the previous inspector retired in 2022 and a new inspector began to provide services. He reviewed the proposed increases proposed for different inspection services. Motion made by Councilmember Evanson to approve a first reading of Ordinance No. 1418, Amending the Fridley City Code Chapter 209, Fees, to Update Building and Inspection Fees. Seconded by Councilmember Bolkcom. 6 Jufn!2/ City Council Meeting 1/22/2024 Minutes Page 3 Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. 11. Resolution No. 2024-07, Awarding 2024 Well Rehabilitation Project Jim Kosluchar, Public Works Director, provided background information noting that bids publicly opened on January 16 with the low bid coming from Bergerson-Caswell, Inc. of Maple Plain in the amount of $243,130 percent over budget but noted that the increases were consistent across both bids received for mobilization and steel related components. He stated that staff recommends awarding the project and stated that staff will consider balancing the project budget, noting multiple ways that could be done. Councilmember Bolkcom referenced the option to delay work on Well 7 and the potential of eliminating that work. She asked if it is anticipated that costs could be higher, or why that well could be considered for elimination from the project. Mr. Kosluchar commented that the bid is over budget by eight percent, but there may be reductions in the scope of work needed once they review the other two wells. He stated that if Well 7 were not completed in this project, it would be placed in the next cycle in two years. He did not expect that there would be a larger expense in two years if that work were delayed, other than inflation. Councilmember Bolkcom asked if the inspection could still be completed even if that work could not be done on Well 7. Mr. Kosluchar commented that would include mobilization and pulling the pump which is about 20 to 30 percent of that cost. He confirmed that if there are no cost savings in the scope of work for the other two wells, they could discuss the potential of using ARPA funds to fully complete the project with Well 7. Councilmember Evanson asked the value that Wells 2, 4, and 7 provide to the community and why this maintenance is important. Mr. Kosluchar commented that these wells provide one quarter of the water used by the City for drinking water and other usage, noting that Wells 2 and 4 are relied on quite heavily. Motion made by Councilmember Bolkcom to adopt Resolution No. 2024-07, Awarding the 2024 Well Rehabilitation Project. Seconded by Councilmember Ostwald. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. 12. Resolution No. 2024-10, Authorizing a Grant Agreement with the Minnesota Pollution Control Agency for Locke Park Water Treatment Augmentation Design Mr. Kosluchar provided background information on PFAS, the MPCA grant program, and Well 10 which has been impacted by PFAS and therefore has been removed from service. He stated that in 2022, the City performed a feasibility study for treatment of PFAS at Well 10 with a granular 7 Jufn!2/ City Council Meeting 1/22/2024 Minutes Page 4 activated carbon system, which showed that with GAC the PFAS would be reduced beyond measurable limits. He stated that the City has been awarded $500,000 from the MPCA for this project. This grant would fund planning and design for upgrades, which are currently underfunded. He noted that the City also applied for grant funds through the State of Minnesota, which is currently pending until later in 2024. He recommended approval of the resolution as presented. Councilmember Tillberry asked why this well had this type of contamination when the other wells did not. Mr. Kosluchar commented that is unknown. He stated that the contamination is from firefighting foam and therefore could have been due to the previous firefighting training facility, but that is still not known for sure. Councilmember Evanson asked if there would be an assumption that PFAS could be found in other wells in the future as the source is unknown. Mr. Kosluchar commented that this contaminate was previously unregulated and testing began around 2008. He stated that testing capabilities continue to increase and PFAS has not been detected in other wells. He noted that Well 11 is the closest to this location but pulls from a different aquafer. Councilmember Evanson commented that residents can be confident that monitoring and testing continues to occur to ensure safe water, and if this treatment ultimately is provided, this well could come back online. Mayor Lund asked if there are other City wells that use the same aquafer as Well 10. Ms. Kosluchar replied that there are not. Motion made by Councilmember Ostwald to adopt Resolution No. 2024-10, Authorizing a Grant Agreement with the Minnesota Pollution Control Agency for Locke Park Water Treatment Augmentation Design. Seconded by Councilmember Evanson. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously. Informal Status Reports Councilmember Ostwald reported that WinterFest was held the past weekend with great attendance. He stated that early voting has begun for the Presidential primary election and regular voting will take place March 5. 8 Jufn!2/ City Council Meeting 1/22/2024 Minutes Page 5 Adjourn Motion made by Councilmember Ostwald to adjourn. Seconded by Councilmember Bolkcom. Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously and the meeting adjourned at 7:28 p.m. Respectfully Submitted, Melissa Moore Scott J. Lund City Clerk Mayor 9 Jufn!3/ AGENDA REPORT Meeting Date:February 12, 2024 Meeting Type:City Council Submitted By:Roberta S. Collins, Assistant to the City Manager Title Receive the Minutes from theCity Council Conference Meeting of January 22, 2024 Background Attached are the minutes from the City Council conference meeting of January 22, 2024. Financial Impact Recommendation Receive the minutes from theCity Council conference meeting ofJanuary 22, 2024. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources Minutes from the City Council Conference Meeting of January 22, 2024. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. : Jufn!3/ Council Conference Meeting January 22, 2024 5:30P.M. Fridley City Hall, 7071 University Avenue NE Minutes Roll Call Present:Mayor Scott Lund Councilmember Dave Ostwald Councilmember Ryan Evanson Councilmember Tom Tillberry Councilmember Ann Bolkcom Others Present:Walter Wysopal, City Manager Scott Hickok, Community Development Director Jim Kosluchar, Public Works Director Melissa Moore, City Clerk Sarah Sonsalla, City Attorney Items for Discussion 1.Recodification Update. Melissa Moore, City Clerk, presented a recodification update on Title 5 of the Fridley City Code. 2.Emergency Operations Plan Update. This item was moved to the agenda for the conference meeting on February 12, 2024. 3.Locke Park Intergovernmental Relations Discussion. Sarah Sonsalla, City Attorney, presented on this item. 21 Jufn!4/ AGENDA REPORT Meeting Date:February 12, 2024 Meeting Type:City Council Submitted By:Roberta Collins, Assistant to the City Manager Title Receive the Minutes from the Housing and Redevelopment Authority Meeting of December 7, 2023 Background Attached are the minutes from the Housing and Redevelopment Authority (HRA) meetingofDecember 7, 2023. Financial Impact None. Recommendation Staff recommend Council receive the minutesfrom the HRAmeetingof December 7, 2023. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources Minutes from the HRAMeeting ofDecember 7, 2023 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 22 Jufn!4/ Housing and Redevelopment Authority December 7,2023 7:00 PM Fridley City Hall, 7071 University Avenue NE Minutes Call to Order Chairperson Showaltercalled the Housing and Redevelopment Authority meeting to order at 7:00 p.m. Present Elizabeth Showalter Gordon Backlund Troy Brueggemeier Rachel Schwankl Kyle Mulrooney Others Present Paul Bolin, HRA Assistant Executive Director Joe Starks, Finance Director Vickie Johnson, Development Consultant Action Items 1. Approval of Expenditures. Motionby Commissioner Mulrooneyto approve the expenditures. Seconded by Commissioner Backlund. Upon a voice vote, all voting aye, Chair Showalterdeclared the motion carried unanimously. 2.ApprovalNovember 2,2023, Meeting Minutes. Motionby Commissioner Brueggemeierto approve the meeting minutesof November 2,2023as presented. Seconded by Commissioner Schwankl. Upon a voice vote, all voting aye, Chair Showalterdeclared the motion carried unanimously. 3. Designation of an Official Newspaper for 2024. Paul Bolin, Executive Director, stated that the HRA is annually required to designate an official newspaper. He stated that the Minneapolis Star Tribune continues to fill the needs of the HRA. Motionby Commissioner Backlundto adopt HRA Resolution No. 2023-15 Designating an Official Newspaper for the Year 2024. Seconded by Commissioner Mulrooney. Upon a voice vote, all voting aye, Chair Showalterdeclared the motion carried unanimously. 23 Jufn!4/ Housing and Redevelopment Authority Minutes Page 2 12/07/2023 4. Resolution No. 2023-16 Designating an Official Depository for the Year 2024. Mr. Bolin stated that annually the HRA must designate an official bank, noting that Wells Fargo has been the official bank for both the City and HRA for a number of years. Staff recommends approval of the resolution as presented. Motion by Commissioner Brueggemeier to adopt HRA Resolution No. 2023-16 Designating an Official Depository for the Year 2024. Seconded by Commissioner Schwankl. Upon a voice vote, all voting aye, Chair Showalter declared the motion carried unanimously. 5. Resolution No. 2023-17 Adopting Changes and Additions to Housing Programs and Guidelines. Mr. Bolin stated that the last legislative session provided additional funding for the City to use towards its housing programs. He stated that the HRA and City Council met in a work session in August to discuss potential changes and additions to the programs. He stated that staff then worked with finance staff to better plan. He provided an overview of the proposed changes and additions to the housing programs. He also provided details on the anticipated timing for applications to be received in order to better match with when funding would be allocated. Commissioner Brueggemeier recognized that the senior deferred loan program is one of the most popular programs and asked the process that is used to ensure the funds are allocated to the appropriate residents. Mr. Bolin commented that the income limit will be helpful. He stated that they did consider two rounds of funding but noted that there will only be one round of funding in 2024 as they will not be allocating funds until March or April this year. Commissioner Backlund noted a grammatical change. Chair Showalter referenced the downpayment assistance program and asked if that program would continue to be available under the current terms, or whether that would not be available until April. Mr. Bolin replied that would be delayed until April as well. He stated that the revolving loan fund would remain active as those funds are replenished, but the deferred loan programs will be delayed in order to avoid running a deficit. Chair Showalter referenced the home betterment loan, where it seems likely that only four projects per year would be funded, and asked how those projects would be selected. Mr. Bolin stated that this year it would be first come, first serve. Chair Showalter agreed that could make sense this year but perhaps a lottery system is used in future years. Mr. Bolin provided details on how the programs are advertised including social media, City newsletter, and public open house. Motion by Commissioner Backlund to adopt HRA Resolution No. 2023-17 Adopting Changes and Additions to Housing Programs and Guidelines with the noted change. Seconded by Commissioner Mulrooney. Upon a voice vote, all voting aye, Chair Showalter declared the motion carried unanimously. 24 Jufn!4/ Housing and Redevelopment Authority Minutes Page 3 12/07/2023 6. Proposed 2024 Budget Joe Starks, Finance Director, provided background information on the proposed 2024 budget that the HRA is asked to consider tonight. He stated that the HRA budget contains three major components which are the General Fund, Housing Program Fund, and TIF District Funds. He highlighted changes related to the proposed 2024 General Fund revenue budget, General Fund expenditure budget, Housing Program Fund revenue budget, Housing Program Fund expenditure budget, and also reviewed other budget assumptions. Staff recommends approval as presented. Commissioner Mulrooney asked the cash level in the General Fund. Mr. Starks replied that at the end of 2022, the cash balance was $9,800,000 noting that the actual fund balance was a bit higher. Commissioner Brueggemeier asked for more information on professional and contractual services. Mr. Starks replied that they are similar, noting that the loan servicing by CEE would fall under contractual while the use of consultants would fall under professional. Motion by Commissioner Brueggemeier to adopt the proposed 2024 HRA budget. Seconded by Commissioner Schwankl. Upon a voice vote, all voting aye, Chair Showalter declared the motion carried unanimously. 7. Amendment to the Housing Programs Administration Contract with CEE Mr. Bolin provided details on the CEE loan program administration, noting that the HRA has contracted with CEE for this service since 1996. He stated that the contracts have been set up in three-year terms and that period is now due. He reviewed the proposed changes to the existing contract and stated that staff recommends that the HRA approve the contract extension and changes through December 31, 2026. Commissioner Brueggemeier expressed appreciation for the relationship the HRA has with CEE, especially with the new programs anticipated. Motion by Commissioner Backlund to approve the amendment to the housing programs administration contract with CEE. Seconded by Commissioner Brueggemeier. Upon a voice vote, all voting aye, Chair Showalter declared the motion carried unanimously. Informational Items 8. Update on Housing Programs Mr. Bolin provided an update on the November activity within the housing programs as well as year to date information. 25 Jufn!4/ Housing and Redevelopment Authority Minutes Page 4 12/07/2023 Commissioner Schwankl commented that the Front Door and paint programs have been scattered throughout the community and provide more pride in homeownership. She noted that often those projects spur neighbors to similarly invest in their homes. Adjournment Motion by Commissioner Brueggemeier to adjourn the meeting. Seconded by Commissioner Schwankl. Upon a voice vote, all voting aye, Chairperson Showalter declared the motion carried and the meeting adjourned at 7:38 p.m. Respectfully submitted, _______________________________________ Melissa Moore City Clerk 26 Jufn!5/ AGENDA REPORT Meeting Date:February 12, 2024 Meeting Type:City Council Submitted By:Scott Hickok, Community Development Director Title Ordinance No.1418, Amending the Fridley City Code Chapter 209,Fees, to Update Buildingand Inspection Fees Background The City contracts for its Electrical Inspections with a State Certified Electrical Inspector. Some, not allof ,the fees will match what numerous other cities that are inspected by the State inspectorcharge. Most notable are the large panel inspections, typically for industrial that require threeinspections. Factors such as time and fuel prices make the adjustment necessary. The City Council approved this item for first reading at its January 22, meeting. Staff recommends approval of the second reading as submitted. Financial Impact Absorbed. Recommendation Staff recommend approval of the second reading and adoption of Ordinance No. 1418, Amending the Fridley City Code Chapter 209, Fees, to Update Building and Inspection Fees. Staff recommend approval of a summary of Ordinance No. 1418 to be published in the Official Publication. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building X Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources Ordinance No. 1418 Summary Ordinance No. 1418 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 27 Jufn!5/ Ordinance No. 1418 Amending the Fridley City Code Chapter 209, Fees, to Update Building and Inspection Fees 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: Fridley City Code Chapter 209 Fees 209.12.2 Building and Inspection Fees 2. Building and Inspection Fees (b) Electrical Permit Fees Code Subject Fee Residential, Commercial, Multi-Family 206 0 to 400 Amp Power Source $50 each 206 401 to 800 Amp Power Source $100 each 206 Over 800 Amp Power Source $150 each 206 0 to 200 Amp Circuit or Feeder $8 9 each 206 Over 200 Amp Circuit or Feeder $30 each Over 200 Volts 206 0 to 400 Amp Power Source $100 each 206 401 to 800 Amp Power Source $200 each 206 Over 800 Amp Power Source $300 each 206 0 to 200 Amp Circuit or Feeder $16 18 each 206 Over 200 Amp Circuit or Feeder $60 each 206 Panel Changes (reconnect existing circuit or feeder $100 each for panelboard replacement) 206 New 1 and 2 Family Homes up to 25 Circuits, 3 Trips $175 200 each 206 New Multi-Family Dwelling unit (with up to 20 circuits $100 per dwelling and feeders per unit) unit 206 New Multi-Family Dwelling Unit $8 9 per feeder or (additional circuits over 20 per unit) circuit 206 Existing Multi-Family Dwelling Unit (up to 10 feeders $100 per unit or circuits are installed or extended) 206 $8 9 per feeder or Existing Multi-Family Dwelling Unit (where less than 10 feeders or circuits are installed or circuit extended) 206 Additional circuits over 25 per unit $8 9 each 206 Circuits extended or modified $8 9 each 28 Jufn!5/ 206 Retrofitting of existing lighting fixtures $1 each 206 Manufactured Home Park Lot Supply + Circuits $50 55 per pedestal 206 Separate Bonding Inspection $40 206 Pools plus circuits $80110 206 Inspection of concrete encased grounding electrode $4055 206 Technology circuits and circuits less than 50 volts $1 per device 206 Traffic Signals, Street, Parking and Outdoor Lighting $5 each Standards 206 Transformers for light, heat and power (0 to 10 KVA) 20 each 206 Transformers for light, heat and power (more than 10 $40 50 each KVA) 206 Transformers for electronic power supplies and $5.50 each outline lighting 206 Additional Inspection trip(s), re-inspections $40 55 each Minnesota Solar PV System Electrical Inspection Fee Chart 206 0 Ï 5,000 watts (5 kw) $6090 206 5,001 Ï 10,000 watts (5 kw Ï 10 kw) $100150 206 10,001 Ï 20,000 watts (10 kw Ï 20 kw) $150225 206 20,001 Ï 30,000 watts (20 kw Ï 30 kw) $200300 206 30,001 Ï 40,000 watts (30 kw Ï 40 kw) $250375 206 40,001 and larger watts (40 kw) $250375 Each additional 10,000 watts $25 206 Plan review fee $80 per hour Passed and adopted by the City Council of the City of Fridley on this 12th day of February, 2024. ______________________________________ Scott J. Lund - Mayor ______________________________________ Melissa Moore - City Clerk First Reading: January 22, 2024 Second Reading: February 12, 2024 Publication: February 15, 2024 29 Jufn!5/ City of Fridley Summary Ordinance No. 1418 Amending the Fridley City Code Chapter 209, Fees, to Update Building and Inspection Fees The City of Fridley does ordain, after review, examination, and staff recommendation that the Fridley City Code (Code) be amended by adopting Ordinance No. 1418. A summary of the amendments to the Code made by Ordinance No. 1418 are as follows: The Ordinance amends Section 209.12.2, Electrical Permit Fees, of the Fridley City Code (Code). The Ordinance changes inspection fee for 0 to 200 amp circuit or feeder to $9 each, inspection fee for 0 to 200 amp circuit or feeder over 200 volts to $18 each, inspection fee for new 1 and 2 family homes up to 25 circuits to $200 each, inspection fee for new multi-family dwelling unit to $9 per feeder, inspection fees for existing multi-family dwelling units to $9 per feeder, inspection fees of additional circuits over 25 per unit to $9 each, inspection fees for circuits extended or modified to $9 each, inspection fees for manufactured home park lot to $55 per pedestal, inspection fee for pools plus circuits to $110, inspection fees for inspection of concrete encased grounding electrode to $55, inspection fees for transformers for more than 10 KVA to $50, inspection fees for re-inspections to $55, inspection fees for solar PV systems (0-5,000 watts $90, 5,001-10,000 watts $150, 10,001-20,000 watts $225, 20,001-30,000 watts $300, 30,001-40,000 watts $375, 40,001 and larger watts $375. Ordinance No. 1418 was passed and adopted by the City Council of the City of Fridley on February 12, 2024. The full text of the Ordinance is available on the City website or for inspection by any person during regular office hours at the Office of the City Clerk. 2: Jufn!6/ AGENDA REPORT Meeting Date:February 12, 2024 Meeting Type:City Council Meeting Submitted By:Melissa Moore, City Clerk/Communications Manager Title Resolution No. 2024-16, Scheduling a Public Hearing on February 26, 2024to Consider Ordinance No. 1419, Creating Title No. 5 (Lands and Buildings) of the Fridley City Code and the Chapters Contained Therein Background Pursuant to Minnesota Statute § 415.02and 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). Furthermore, Charter § 3.10 provides for the recodification of the Code at least every 10 years.At its August 23, 2021 meeting the FridleyCity Council adoptedResolution No. 2021-67formally authorizing recodification of the Code. When the Council approved recodification, it directed ample opportunity for public input and transparency. This is enabled by discretionary public hearings to receive comment on the proposed amendments to the Code. Resolution No. 2024-16schedules such a public hearing on February 26, 2024. Ordinance No. 1419(draft attached)proposes to revisethe following chapters ofthe Code: ChapterUpdateRepealNew Building CodeX Residential Swimming PoolsX Landscape MaintenanceX Tree ManagementX Private Property Snow and Ice RemovalX Erosion Control and Stormwater ManagementX SignsX Residential Rental Property Maintenance and Licensing CodeX Manufactured Home Park ClosingsX Mobile Home ParksX Conversion Condominium RegistrationX Fair Housing PracticesX Hazardous BuildingsX Hazardous WasteX Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 31 Jufn!6/ House Trailers X Mining X Stormwater Management and Erosion Control X Stormwater Illicit Discharge Detection and Elimination X Swimming Pools X Ordinance No. 1419 also proposes updates to the Fees Chapter of the Code as it relates to revising chapter numbers, naming conventions, etc. This ordinance does not propose any changes to the fees themselves. If approved this evening, staff will post the Public Hearing Notice (attached) publish it in the in the Official Publication on February 15, 2024. Financial Impact None at this time. Discussion Staff recommend the approval of Resolution No. 2024-16, Scheduling a Public Hearing on February 26, 2024 to Consider Ordinance No. 1419, Creating Title No. 5 (Lands and Buildings) of the Fridley City Code and the Chapters Contained Therein. Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Community Identity & Relationship Building Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources !Resolution No. 2024-16 !Ordinance No. 1419 (Draft) !Public Hearing Notice (Draft) Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 32 Jufn!6/ Resolution No. 2024-16 Scheduling a Public Hearing on February 26, 2024 to Consider Ordinance No. 1419, Creating Title No. 5 (Lands and Buildings) of the Fridley City Code and the Chapters Contained Therein Whereas, pursuant to Minnesota Statute § 415.02 the City of Fridley (City) is authorized to create ordinances which serve as prima facie evidence of the law of the City; and Whereas, pursuant to the Fridley City Charter (Charter) § 1.02, the City may pass ordinances for maintaining and promoting the peace, good government and welfare of the City; and Whereas, § 3.10 of the Charter requires the City to codify its ordinances every ten years; and Whereas, the Fridley City Council (Council) adopted Resolution No. 2021-67 on August 23, 2021, which authorized a full recodification of the Fridley City Code; and Whereas, to enable as much transparency and public input as possible, the Council directed that public hearings must occur prior to the first reading of any ordinance proposing to update the Code through the recodification effort; and Whereas, the Council finds it prudent to conduct a discretionary public hearing to take public comment on this proposed amendment to the Fridley City Code. Now, therefore be it resolved, that the City Council of the City of Fridley hereby schedules a public hearing for February 26, 2024 in the Council Chambers of the Fridley Civic Campus, 7071 University Avenue N.E., at 7:00 p.m. to consider an amendment to the Fridley City Code as found in Ordinance No. 1419. th Passed and adopted by the City Council of the City of Fridley this 12 day of February, 2024. ________________________________________ Scott J. Lund Mayor Attest: ________________________________________ Melissa Moore City Clerk 33 Jufn!6/ Ordinance No. 1419 Creating Title No. 5 (Lands and Buildings) of the Fridley City Code and the Chapters Contained Therein 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 the Fridley City Code Chapter 206, Building Code, be hereby amended as follows: Fridley City Code Chapter 206500. Building Code 500.01 Purpose This Chapter of the Fridley City Code (Code) establishes minimum building and construction requirements to safeguard the health, safety and welfare of properties and property owners within the City of Fridley (City). 500.02 Definitions Building Official: designation by the Council to a City employee who is granted administrative authority for Code administration. The CityÔs Building Official must be certified pursuant to Minnesota Statute (M.S.) § 326B.133 and hold experience in design, construction and supervision related to building construction requirements. State Building Code: standards applied statewide for the construction, reconstruction, alteration and repair of buildings and other structures. The State Building Code governs the construction, reconstruction, alteration, repair, and use of buildings and other structures. The State Building Code provides basic and uniform performance standards, establishes reasonable safeguards for health, safety, welfare, comfort, and security of residents and provides for the use of modern methods, devices, materials, and techniques. 206.01.500.03 Building CodeAdoption of State Law 1. Codes Adopted by Reference. The Pursuant to M.S. 326B, the City hereby adopts the Minnesota State Building Code, as adopted by the Commissioner of Labor and Industry pursuant to Minnesota Statutes chapter 326B, including all of the amendments, rules, and regulations established therein, adopted and published from time to time by the Minnesota Commissioner of Labor and Industry, through the Building Codes and Standards Unit, is hereby adopted by reference with the exception of the optional chapters, unless specifically adopted in this 34 Jufn!6/ Chapterordinance. The Minnesota State Building Code is hereby incorporated in this Chapterordinance as if fully set out herein. 2. Application, Administration and Enforcement. The application, administration, and enforcement of the code shall be in accordance with Minnesota State Building Code. The code shall be enforced within the extraterritorial limits permitted by Minnesota Statutes, 326B.121, Subd.2(d), when so established by this ordinance. 2. The code enforcement agency authority of the Cityis municipality is called the City of Fridley Building Code Enforcement Office.designated to the CityÔs Building Official. This code shall be enforced by the Minnesota Certified Building Official designated by this Municipality to administer the code in accordance with Minnesota Statutes 326B.133, Subdivision 1. 3. Permits and Fees. The issuance of building permits and the collection of fees shall be asis authorized in Minnesota Rules Chapter 1300. Permit fees shall will be assessed for work governed by this Chaptercode in accordance with the fee schedule adopted by the municipality in City Code Chapter 11. In addition, a surcharge fee shall will be collected on all permits issued for work governed by this Chapter code in accordance with Minnesota Statutes M.S. § 326B.148. 4. Violations and Penalties. A violation of the code Code is a misdemeanor pursuant to Minnesota Statutes M.S. § 326B.082, Subd.16. 5. Building Code Optional Chapters. The Minnesota State Building Code, Chapter 1300 allows the City to adopt by reference and enforce certain optional chapters of the most current edition of the Minnesota State Building Code. Chapter 1306, Special Fire Protection Systems is hereby adopted by the City and incorporated as part of the Code. The following optional provisions identified in the most current edition of the State Building Code are hereby adopted and incorporated as part of the building code for the City: 1. Chapter 1306, Special Fire Protection Systems 206.02.500.04 Conflicts In the event of any conflict between the provisions of this Code adopted by the provisions of this Chapter and applicable provisions of State law, rules or regulations, the latter shall more restrictive will prevail. 206.03.500.05 Building Permits and Fees 1. Building Permits must be obtained by every person engaging in the following businesses or work in accordance with the applicable provisions of the Code: 35 Jufn!6/ (a) General contractors in the business of nonresidential building construction and residential contractors with an exempt card from the State. (b) Masonry and brick work. (c) Roofing. (d) Plastering, stucco work, or sheetrock taping. (e) Heating, ventilation, and refrigeration. (f) Gas piping, gas services, or gas equipment installation. (g) Oil heating and piping work. (h) Excavations, including excavation for footings, basements, sewer, and water line installations. (i) Wrecking of buildings. (j) Sign erection, construction. and repair, including billboards and electrical signs. (k) Blacktopping and asphalt work. (l) Chimney sweeps. (m) Sanitary Sewer Service Cleaners. 1.2. The issuance of permitsBuilding Permits, and collection of fees shall is be as authorized in by Minnesota Statute 16B.62 subdivision 1.M.S. § 326B.121. 2.Violations and Penalties. A violation of the code is a misdemeanor. (Minnesota Statute 16B.69) and Minnesota Rules Chapter 1300. 3.The fee schedules shall be as follows: A.Plan Review Fees. (1) 3. When a plan or other data are submitted for review, the plan review fee shall beis 65% of the building permitBuilding Permit fee. (2) 4. Where plans are incorporated or changed so as to require additional plan review, an additional plan review fee shall may be charged. 36 Jufn!6/ (3) 5. Applications for which no permit Building Permit is issued within 180 days following the date of application shall will expire by limitation and any plans and other data submitted for review may thereafter be returned or destroyed. The Bbuilding Oofficial may extend the time for action upon request ofby the applicant once for a period not exceeding 180 days. upon request by the applicant. 6. Permit and Plan Review Refund Policy. The Building Official may authorize the refunding of any fee hereunder which was erroneously paid or collected. The Building Official may authorize refunding of not more than 80% of the permit Building Permit fee paid when no work has been done under a permit Building Permit issued in accordance with this codeCode. The Building Official may authorize refunding of not more than 80% of the plan review fee paid when an application for a permit Building Permit for which a plan review fee has been paid is withdrawn or cancelled before any plan reviewing is done. The Building Official shall may not authorize refunding of any fee paid except on written applications filed by the original permittee not later than 180 days after the date of the fee payment. (Ref 1190) 7. Any building contractor applying for a Building Permit to work in the City must comply with the provisions of the Code, submit evidence of holding public liability insurance of at least $500,000 per occurrence, certificates of workersÔ compensation insurance as required by State Law and if applicable, list a Minnesota State Tax Identification number. 8. A Building Permit granted to a general contractor under this Section will include the right to perform all of the work included in the general contract. Such license must include any or all of the persons performing the work which is classified and listed in this Code, providing that each person performing such work is in the regular employ and qualified under State law and the provisions of this Code to perform such work. In these cases, the general contractor will be responsible for all of the work so performed. Subcontractors on any work must be required to comply with the Sections of this Code pertaining to all requirements for their work. 9. The City has the power to suspend or revoke the Building Permit of any person under the regulations of this Chapter whose work is found to be improper or defective or so unsafe as to jeopardize life or property. 10. When a Building Permit issued under this Chapter is suspended, the period of suspension will be no less than 30 days and no more than one year. 11. When any person holding a Building Permit has violated the provisions of this Code a second time within one calendar year, the Building Official will revoke the Building Permit issued. Such person may not apply for a new license for a period of one calendar year following the revocation. 12. The owner of any single-family property may obtain a Building Permit and perform work on property which the owner occupies so long as the work is in accordance with the Code. 37 Jufn!6/ 13. All licensed rental properties in the City must obtain a Building Permit for any work on property which the rental license holder owns. 14. Assumption of Liability. This Section may not be construed to affect the responsibility or liability of any party owning, operating, controlling, or installing the above-described work for damages to persons or property caused by any defect therein. The City may not be held liable by reason of the permitted persons, firms or, corporations engaged in such work. B. Building Permit Fees. (Ref. 901) TOTAL VALUATION FEE $1.00 TO $500 $23.50 $501 TO $2000 $23.50 for the first $500 plus $3.05 for each additional $100 or fraction thereof, to and including $2,000 $2,001 to $25,000 $69.25 for the first $2000 plus $14 for each additional $100 or faction thereof, to and including $25,000 $25,001 to $50,000 $391.25 for the first $25,000 plus $10.10 for each additional $1,000 or fraction thereof, to and including $50,000 $50,001 to $100,000 $643.75 for the first $50,000 plus $7 for each additional $1,000 or fraction thereof, to and including $100,000 $100,001 to $500,000 $993.75 for the first $100,000 plus $5.60 for each additional $1,000 or fraction thereof, to and including $500,000 $500,001 to $1,000,000 $3,233.75 for the first $500,000 plus $4.75 for each additional $1,000 or fraction thereof, to and including $1,000,000 $1,000,001 and up $5,608.75 for the first $1,000,000 plus $3.15 for each additional $1,000 or fraction thereof. Other Inspections and Fees: Inspections outside of normal business hours $50 per hour (minimum charge Ï two hours) Re-inspection fees assessed under provisions of $50 per hour Section 108 Inspections for which no fee is specifically $50 per hour indicated (minimum charge Ï one half hour) Additional plan review required by changes, $50 per hour additionsadditions, or revisions to approved plans (minimum charge Ï one half hour) *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employee involved. For use of outside consultants for plan checking Actual Costs which include and inspections, or both administrative and overhead costs Residential Mobile Home Installation $100 38 Jufn!6/ Surcharge on Residential Building Permits. A surcharge of $5 shall be added to the permit fee charged for each residential building permit that requires a state licensed residential contract. C. Plumbing Permit Fees. Fixture FEE Minimum Fee per MN Statute 16B.60, Subd. 3 $15 or 5% of cost of improvement, whichever is greater Each fixture $10 Old opening, new fixture $10 Beer Dispenser $10 Blow Off Basin $10 Catch Basin $10 Rain Water Leader $10 Sump or Receiving Tank $10 Water Treating Appliance $35 Water Heater Electric $35 Water Heater Gas $35 Backflow Preventer $15 OTHER Commercial 1.25% of value of fixture or appliance Other Inspections and Fees: Inspections outside of normal business hours $50 per hour (minimum charge Ï two hours) Re-inspection fees assessed under provisions of $50 per hour Section 108 Inspections for which no fee is specifically $50 per hour indicated (minimum charge Ï one half hour) Additional plan review required by changes, $50 per hour additionsadditions, or revisions to approved plans (minimum charge Ï one half hour) *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved. For use of outside consultants for plan checking Actual Cost including administrative and inspections, or both and overhead costs D. Mechanical Permit Fees. FEE 39 Jufn!6/ (1) Residential minimum fee per MN Statute $15 or 5% of cost of improvement, 16B.60, Subd. 3 whichever is greater Furnace $35 Gas Range $10 Gas Piping $10 Air Conditioning $25 OTHER 1% of value of appliance (2) Commercial minimum fee $35 All work 1.25% of value of appliance Other Inspections and Fees: Inspections outside of normal business hours $50 per hour (minimum charge Ï two hours) Re-inspection fees assessed under provisions of $50 per hour Section 108 Inspections for which no fee is specifically $50 per hour indicated (minimum charge Ï one half hour) Additional plan review required by changes, $50 per hour additions, or revisions to approved plans (minimum charge Ï one half hour) *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved. For use of outside consultants for plan checking Actual Cost including administrative and inspections, or both and overhead costs E. Electrical Permit Fees. (1) Property Owner Electrical Inspection Fees New Home or Associated Structure New Dwelling Service/Power Supply 0-400 ampere $35 401-800 ampere $60 New Dwelling Feeders/Circuits Up to 30 Feeders/Circuits $100 More than 30 Feeders/Circuits or up to 200(in addition to the above) $6 each Detached Garage or Other Associated Structure New Service/Power Supply 0-400 ampere $35 New Feeders/Circuits $6 each 3: Jufn!6/ Total (the fee calculated above or $35 multiplied by the number of required inspection trips, whichever is greater) Existing Home/Structure Remodel or Addition New Service/Power Supply 0-400 ampere $35 401-800 ampere $60 Up to 15 Feeders/Circuits $6 Each New Feeders/Circuits 16-30 Feeders/Circuits $100 More than 30 Feeders/Circuits up to 200 $6 Reconnected Feeders/Circuits Each Feeders/Circuits $2 Each Existing Detached Garage or other Associate Structure New Service/Power Supply 0-400 ampere $35 New Feeders/Circuits $6 Each Reconnected Feeders/Circuits $2 Each Total (the fee calculated above or $35 multiplied by the number of required inspection trips, whichever is greater) (2) Contractor Electrical Inspection Fee for Single Family Dwelling/Associated Structure New Home or Associated Structure New Dwelling Service/Power Supply 0-400 ampere $35 401-800 ampere $60 New Dwelling Feeders/Circuits Up to 30 Feeders/Circuits $100 More than 30 up to 200 (in addition to the above) $6 each Detached Garage or Other Associated Structure New Service/Power Supply 0-400 ampere $35 New Feeders/Circuits $6 each Total (the fee calculated above or $35 multiplied by the number of required inspection trips, whichever is greater) Existing Home/Structure Remodel or Addition New Service/Power Supply 0-400 ampere $35 401-800 ampere $60 New Feeders/Circuits Up to 15 Feeders/Circuits $6 Each 16-30 Feeders/Circuits $100 More than 30 Feeders/Circuits up to 200 $6 Reconnected Feeders/Circuits Each Feeders/Circuits $2 Each 41 Jufn!6/ Existing Detached Garage or other Associate Structure New Service/Power Supply 0-400 ampere $35 New Feeders/Circuits $6 Each Reconnected Feeders/Circuits $2 Each Total (the fee calculated above or $35 multiplied by the number of required inspection trips, whichever is greater) (3) Contractor Electrical Inspection Fee for Multi-Family Dwelling/Commercial Structure Service/Power Supply 0-400 ampere $35 401-800 ampere $60 Above 800 ampere $100 Feeders/Circuits Up to 200 A $6 Each Above 200 A $15 Each Reconnected Feeders/Circuits $2 Each Manufactured Home Park Lot Supply $35 Each Recreational Vehicle Site Supply $6 Each (for circuits originating in the Equipment Equipment) Street, Parking Lot, Lighting Standard $5 Each Transformers Up to 10 kva $15 Each Over 10 kva $30 Each Electric Signs and Outline Lighting Transformer/power supply $5 Each Technology System Devices 75¢ Each Separate Bonding Inspections for $35 Each Swimming Pools and Equipotential Planes Center Pivot Irrigation Booms $35 Each Electrical Drive Unit $5 Each Luminaire Retrofit Modifications 25¢ Each Concrete-Encased Electrode Inspection $35 Each Investigative Fee $70 OR Total inspection fee, whichever is greater up to $1,000 Special Inspection fee $80 Per Hour Plus the number of miles at the current IRS mileage rate Over 600 Volts Add the combined service/power supply and feeder/circuit fee to result in double the regular fee (does not apply to electric sign and outline lighting) 42 Jufn!6/ New Multi-Family Dwellings - Up to 20, $70 Each Feeders/Circuits Above over 20 as allowed per unit, $6 Each Total The fee calculated above or $35 multiplied by the number of required inspection trips, whichever is greater) F. Moving of Dwelling or Building Fee. The permit fee for the moving of a dwelling or building shall be in accordance with the following schedule: For Principle Building into City $300 For Accessory Building into City $42 For moving any building out of City $20 For moving through or with in the City $20 G. Wrecking Permit Fee. (1) For any permit for the wrecking of any building or portion thereof, the fee charged for each such building included in such permit shall be based on the cubical contents thereof and shall be at the rate of one dollar and twenty-five cents ($1.25) for each one thousand (1000) cubic feet or fraction thereof. (2) For structures which would be impractical to cube, the wrecking permit fee shall be based on the total cost of wrecking such structure at the rate of six dollars ($6.00) for each five hundred dollars ($500.00) or fraction thereof. (3) In no case shall the fee charged for any wrecking permit be less than twenty dollars ($20.00). H. Water and Sewer Fees. Hydrant Rental Agreement Ï Service Charge $50 (for use of hydrant only Ï City does not supply hose Water Usage Ï Metered $1.30/1000 gallons used Minimum $20 Tanker $20 per fill Water Taps See Engineering Permanent Street Patch First 5 sq. yds. $300 Over 5 sq. yds. $30 per sq. yd. Temporary Street Patch (Nov 1 through May1) First 5 sq. yd. $400 Over 5 sq. yds. 43 Jufn!6/ $40 per sq. yd. plus cost of permanent street patch Water Meter Repair Ï Weekend & Holidays $125 Water Connections Permit $50 Sewer Connections Permit $50 Inspection Fee for Water/Sewer Line Repair $40 I. Land Alterations, Excavating, or Grading Fees including Conservation Plan Implementation Fees. 50 cubic yards or less $40 51 to 100 cubic yards $47.50 101 to 1,000 cubic yards $47.50 for the first 100 cubic yards plus $10.50 for each additional 100 cubic yards or fraction thereof. 1,001 to 10,000 cubic yards $167 for the first 1,000 cubic yards plus $9 for each additional 1,000 cubic yards or fraction thereof 10,001 to 100,000 cubic $273 for the first 10,000 cubic yards yards plus $40.50 for each additional 10,000 cubic yards or fraction thereof 100,001 cubic yards or more $662.50 for the first 100,000 cubic yards plus $22.50 for each additional 100,000 cubic yards or fraction thereof Land Alteration Plan-Checking Fees: 50 cubic yards or less No Fee 51 to 100 cubic yards $23.50 101 to 1,000 cubic yards $37 1,001 to 10,000 cubic yards $49.25 10,001 to 100,000 cubic $49.25 for the first 10,000 cubic yards yards plus $24.50 for each additional 10,000 cubic yards or fraction thereof 100,001 to 200,000 cubic $269.75 for the first 100,000 cubic yards yards plus $13.25 for each additional 10,000 cubic yards or fraction thereof 200,001 cubic yards or more $402.25 for the first 200,000 cubic yards plus $7.25 for each additional 10,000 cubic yards or fraction thereof J. Pollution Monitoring Registration Fee. (1) Each pollution monitoring location shall require a site map, description and length of monitoring time requested. (For matter of definition pollution monitoring location shall mean each individual tax parcel.) There shall be an initial application and plan check fee of Twenty-Five Dollars ($25). 44 Jufn!6/ (2) The applicant for a Pollution Control Registration shall provide the City with a hold harmless statement for any damages or claims made to the City regarding location, construction, or contaminates. (3) An initial registration fee of Fifty Dollars ($50) is due and payable to the City of Fridley at or before commencement of the installation. (4) An annual renewal registration fee of Fifty Dollars ($50) and annual monitoring activity reports for all individual locations must be made on or before September first of each year. If renewal is not filed on or before October first of each year the applicant must pay double the fee. (5) A final pollution monitoring activity report must be submitted to the City within (30) days of termination of monitoring activity. 206.04.500.06 Investigations Fees Should any person begin work of any kind such as hereinbefore set forth, or for which a permit from the Building Code DepartmentBuilding Official is required by this Chapter without having secured the necessary permit therefore from the Building Code Department either previous to or during the day where such work is commenced, or on the next succeeding business day when work is commenced on a Saturday, Sunday or a holiday, they shallsuch person must immediately apply for a permit to perform the work, and will when subsequently securing such permit, be required to pay an investigation fee equal to the permit Building Permit fee and shall will be subject to all the penal provisions of said Code.penalties allowed. 206.05.500.07 Reinspections Fee 1. A reinspection fee of fifty dollars ($50.00) per hour shall will be assessed for each inspection or reinspection when such portion of work for which the inspection is called for is not complete the inspector determines the work to be inspected is incomplete or when corrections called for given during a previous inspection are not made. 2. This Section is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this Code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection. 3. Reinspection fees may also be assessed when the permit Building Permit card is not properly posted on the work site, or the approved plans are not readily available for the inspection, or for failure to provide access on the date and time for which inspection is requested, or for deviating from plans requiring previously approved bythe approval of the Building Official. 45 Jufn!6/ 4. Where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. 206.06.500.08 Certificate of Occupancy 1. Except for single family residential structures, a Certificate of Occupancy stating that all provisions of this Chapter have been fully complied with, shall must be obtained from the City: (a) Before any structure for which a building permit is required is used or occupied. A temporary Certificate of Occupancy may be issued when the building is approved for occupancy but the outside development is partially uncompleted. (b) Or bBefore any nonconforming use is improved or enlarged. 2. Application for a Certificate of Occupancy shall must be made to the City when the structure or use is ready for occupancy. and The City will inspect the structure or use within ten (10) days days of the application. thereafter the City shall inspect such structure or use and Iif the structure or use is found to be in conformity with all provisions of this Chapter, the City shall will sign and issue a Certificate of Occupancy. 3. A Certificate of Compliance shall be issued to all existing legal nonconforming and conforming uses which do not have a Certificate of Occupancy after all public health, safety, convenience, and general welfare conditions of the City Code are in compliance. 43. No permit Building Permit or license required by the City of Fridley or other governmental agency shall may be issued by any department official or employee of the City of such governmental agency, unless the application for such permit Building Permit or license is accompanied by proof of the issuance of a Certificate of Occupancy or Certificate of Compliance. 54. Change in Occupancy: (a) The City will must be notified of any change in ownership or occupancy at the time this the change occurs for all industrial and commercial structures within the City. (b) A new Certificate of Occupancy or Compliance will be issued after notification. A thirty-five dollar ($35.00) fee will be assessed for this certificate. 65. Existing Structure or Use: (a) In the case of a structure or use established, altered, enlarged, or moved, upon the issuance and receipt of a Special Use Permit, a Certificate of Occupancy shall may be issued only if all the conditions thereof shall have been of the Building Permit is satisfied. 46 Jufn!6/ (b) Whenever an inspection of an existing structure or use is required for issuance of a new Certificate of Occupancy, a thirty-five dollar ($35.00) fee will be charged. If it is found that such structure or use does not conform to the applicable requirements, the structure or use shall may not be occupied until such time as the structure or use is again brought into compliance with such all requirements. 206.07. ContractorÔs License 1. It is deemed in the interest of the public and the residents of the City of Fridley that the work involved in building alteration and construction and the installation of various appliances and service facilities in and for said buildings be done only by individuals, firms and corporations that have demonstrated or submitted evidence of their competency to perform such work in accordance with the applicable codes of the City of Fridley. 2. The permits which the Building Inspector is authorized to issue under this Code shall be issued only to individuals, firms or corporations holding a license issued by the City for work to be performed under the permit, except as hereinafter noted. 3. Requirements. Application for license shall be made to the Building Code Department and such license shall be issued upon proof of the applicant's qualifications thereof, willingness to comply with the provisions of the City Code, filing of certificates evidencing the holding of public liability insurance in the limits of $50,000 per person, $100,000 per accident for bodily injury, and $25,000 for property damages and certificates of Worker's Compensation insurance as required by State law and if applicable, list a Minnesota State Tax Identification number. (Ref. 901, 1324) 4. Fee. The fee for each license required by the provision of this Section shall be thirty-five dollars ($35.00) per year. 5. Expiration. All licenses issued under the provisions of this Section shall expire on April 30th, following the date of issuance unless sooner revoked or forfeited. If a license granted hereunder is not renewed previous to its expiration then all rights granted by such license shall cease and any work performed after the expiration of the license shall be in violation of this Code. 6. Renewal. Persons renewing their license issued under this Section after the expiration date shall be charged the full annual license fee. No prorated license fee shall be allowed. 7. Specific Trades Licensed. Licenses shall be obtained by every person engaging in the following businesses or work in accordance with the applicable Chapters of the City of Fridley. A. General contractors in the business of nonresidential building construction and residential contractors with an exempt card from the State. 47 Jufn!6/ B. Masonry and brick work. C. Roofing. D. Plastering, stucco work, sheetrock taping. E. Heating, ventilation and refrigeration. F. Gas piping, gas services, gas equipment installation. G. Oil heating and piping work. H. Excavations, including excavation for footings, basements, sewer and water line installations. I. Wrecking of buildings. J. Sign erection, construction and repair, including billboards and electrical signs. K. Blacktopping and asphalt work. L. Chimney sweeps. M. Sanitary Sewer Service Cleaners. 8. Employees and Subcontractors. A license granted to a general contractor under this Section shall include the right to perform all of the work included in the general contract. Such license shall include any or all of the persons performing the work which is classified and listed in this Code providing that each person performing such work is in the regular employ and qualified under State law and the provisions of this Building Code to perform such work. In these cases, the general contractor shall be responsible for all of the work so performed. Subcontractors on any work shall be required to comply with the Sections of this Code pertaining to license, insurance, permit, etc., for their particular type of work. 9. Suspension and Revocation Generally. The City Council shall have the power to suspend or revoke the license of any person licensed under the regulations of this Section, whose work is found to be improper or defective or so unsafe as to jeopardize life or property providing the person holding such license is given twenty (20) days notice and granted the opportunity to be heard before such action is taken. If and when such notice is sent to the legal address of the licensee and they fail or refuse to appear at the said hearing, their license will be automatically suspended or revoked five (5) days after date of hearing. 10. Time of Suspension. When a license issued under this Section is suspended, the period of suspension shall be not less than thirty (30) days nor more than one (1) year, such period being determined by the City Council. 11. Revocation, Reinstatement. When any person holding a license as provided herein has been convicted for the second time by a court of law for violation of any of the provisions of this Code, the City Council shall revoke the license of the person so convicted. Such person may not make application for a new license for a period of one (1) year. 12. Permit to Homeowner. 48 Jufn!6/ The owner of any single family property may perform work on property which the owner occupies so long as the work when performed is in accordance with the Codes of the City and for such purpose a permit may be granted to such owner without a license obtained. All rental property permits shall be obtained by licensed contractors. 13. State Licensed Contractor's Excepted. Those persons who possess valid State licenses issued by the State of Minnesota shall not be required to obtain a license from the City; they shall, however be required to file proof of the existence of a valid State license together with proof of satisfactory Worker's Compensation and Public Liability insurance coverage. (Ref. 901) 14. Public Service Corporations Excepted. Public service corporations shall not be required to obtain licenses for work upon or in connection with their own property except as may be provided by other Chapters. 15. Manufacturers Excepted. Manufacturers shall not be required to obtain licenses for work incorporated within equipment as part of manufacturing except as may be provided by other Sections of this Code. 16. Assumption of Liability. This Section shall not be construed to affect the responsibility or liability of any party owning, operating, controlling or installing the above described work for damages to persons or property caused by any defect therein; nor shall the City of Fridley be held as assuming any such liability by reason of the licensing of persons, firms or corporations engaged in such work. 206.08.500.09 Utility Excavations (Sewer and Water) 1. Permit Required. BeforePrior to performing any work is performed which that includes cutting a curb or excavation or installing a liner for a utility pipe on or under any street or curbing, a contractor or individual workers must apply for and obtain a permit shall be applied for from the City and shall pay a permit fee as provided in Chapter 11. The Public Works Department shall must verify the location of the watermain and sanitary sewer connections before any excavation or grading isshall be permitted on the premisesbuilding site. The permit shall must specify the location, width, length, and depth of the necessary excavation. It shall must further state the specifications and condition of public facility restoration. Such specifications shall must require the public facilities to be restored to at least as good a condition as they were prior to commencement of work. Concrete curb and gutter or any similar street patching shall must be constructed by the contractor and inspected by the City, unless specified otherwise. 2. DepositPerformance Bond Required. (a) Where plans and specifications indicate that proposed work includes connection to sanitary sewer, a watermain, a curb cut, or any other disruption that may cause damage to the facilities of the City, the application for permit shall must be accompanied by a two hundred dollar 49 Jufn!6/ ($200.00) cash depositperformance bond for the value of work within the City Right-of-Way as a guarantee that all restoration work will be completed and City facilities left in an undamaged condition. (b The requirement of a cash deposit shall will not apply to any public utility corporation franchised to do business within the City. 3. Maximum Deposit. No person shall be required to have more than four hundred dollars ($400.00) on deposit with the City at any one time by reason of this Section; provided that such deposit shall be subjected to compliance with all the requirements of this Section as to all building permits issued to such person prior to the deposit being refunded. 34. Inspections. (a) The City must be notified to review the conditions of construction prior to Before any backfilling is done in an excavation otherwise approved under this division. the City shall be notified for a review of the conditions of construction. (b) During and after restoration the City Engineer or a designated agentPublic Works Director or their designee shall must inspect the work to assure compliance. 45. Return of DepositPerformance Bond. The Public Works Director shall will authorize a refundment of the depositbond when restoration has been completed to their satisfactionory compliance with this Section. 56. Forfeiture of DepositPerformance Bond. Any person who fails to complete any of the requirements outlined in this Section shall will forfeit to the City such a portion of the depositbond as is necessary to pay for completing the unfinished having such work done. 206.09.500.10 Building Site Requirements 1. General. In addition to the provisions of this Section, all building site requirements of in the City's Zoning Code, Chapter 205 and any additions must shall be followed in order for before a building permit tomay be issued. 2. Utilities and Street Required. No building permit shall will be issued for any new construction unless and until all utilities are installed in the public street adjacent to the parcel of land to be improved and the rough grading of the adjacent street has been completed to the extent that adequate street access to the parcel is available. 3. Manufactured Home Prohibitions. Except in a manufactured home or manufactured home park, the removal of wheels from any manufactured home or the remodeling of a manufactured home through the construction of a foundation or the enclosure of the space between the base of the 4: Jufn!6/ manufactured home and the ground, or through the construction of additions to provide extra floor space will not be considered as conforming with the City's Building Code in any respect and will therefore beis prohibited. 4. Equipment and Material Storage. No construction equipment and/or materials pertaining to construction shall may be stored on any property within the City without a valid building permit or prior approval from a property owner and/or the City. When construction is completed and a Certificate of Occupancy has been issued, any construction equipment or materials must be removed within thirty (30) days from the issuance date on the Certificate of Occupancy. 5. Construction Work Hours. It shall beis unlawful for any person or company acting as a contractor for payment, to engage in the construction of any building, structure, or utility, including but not limited to, the making of any excavation, clearing of surface land, and loading or unloading materials, equipment or supplies, anywhere in the City except between the hours of before 7:00 a.m. and after 9:00 p.m., Monday through Friday and beforebetween the hours of 9:00 a.m. and after 9:00 p.m. on Saturdays. However, such activity shall be lawful if an alternate hourÔs work permit therefore has been issued by the City upon application in accordance with requirements of the paragraph below. It shall beis unlawful to engage in such work or activity on Sunday or any legal holiday unless an alternate hourÔs work permit for such work has first been issued. Nothing in this Chapter shall may be construed to prevent any emergency work necessary to prevent injury to persons or property at any time. 6. Requests for alternate hours must be made, in writing, to the City Engineer or their designee. Requests must state the name of the applicant, their business address, the location of the proposed work, the time(s) of the proposed construction and the reason for seeking an alternate hour accommodation. No such request will be granted unless the applicant can demonstrate that the public welfare will be harmed unless work is performed after hours. 6. Alternate Hours Work Permit. Applications for an alternate hours work permit shall be made in writing to the Public Works Director and shall state the name of the applicant and the business address, the location of the proposed work and the reason for seeking a permit to do such work, as well as the estimated time of the proposed operations. No such permit shall be issued excepting where the public welfare will be harmed by failure to perform the work at the times indicated. 7. Safeguards. Warning barricades and lights shall must be maintained whenever necessary for the protection of pedestrians and traffic during construction.; and temporary Temporary roofs over sidewalks mustshall be constructed whenever there is potential for danger to pedestrians from falling articles or materials. to pedestrians. When an existing pedestrian access route is blocked by construction, alteration, maintenance, or other temporary conditions, a Temporary Pedestrian Accessible Route (TPAR) must be provided to assist pedestrians, bicyclists and non-motorized vehicles safe movement within and around the construction zone. 206.10. Drainage and Grading 51 Jufn!6/ 1. Investigation. After a building permit has been applied for and prior to the issuance of said the permit, the City shall thoroughly investigate the existing drainage features of the property to be used. 2. Obstruction of Natural Drainage Prohibited. No building permit shall be issued for the any construction of any building on which construction or necessary grading thereto shall obstruct any existing natural drainage waterway. 3. Undrainable Lands. No building permit shall be issued for the construction of any building upon ground that which cannot be properly drained. 4. Protection of Existing Drainage Installations. (a) Where an application is made for a building permit and subsequent investigation shows that the property to be occupied by said the building is adjacent to a portion of a public road or street containing a drainage culvert, catch basin, sewer, special ditch, or any other artificial drainage structures used for the purpose of draining the said property and/or any neighboring property, the applicant shall must specifically agree in writing to protect these existing drainage waterways and in such a way that they shall not ensure that they will not be disturbed be affected by the proposed building construction or grading work incidental thereto. (b) No one is permitted to use or alter land shall be altered and no use shall be permitted in a manner that results in water runoff tending to causing flooding, erosion or deposits of minerals on adjacent properties. Stormwater runoff from a developed site will must leave at no greater rate or lesser quality than the stormwater runoff from the site prior to its development in an undeveloped condition. Stormwater runoff after development shall not exceed the rate of runoff from the undeveloped land for a 24-hour storm with a 1-one year return frequency. Detention facilities shall be designed for a 24-hour storm with a 100-year return frequency. All runoff shall be properly channeled into a storm drain water course, ponding area, or other public facility designed for that purpose. A land alteration permit shall be obtained prior to any changes in grade affecting water runoff onto an adjacent property. 5. Order to Regrade. As part of the permitting process, the the City may order the applicant to regrade any property if existing grade does not conform to any provision of this Section, if the grade indicated in the preliminary plan has not been followed, or if the existing grade poses a drainage problem to neighboring properties. 206.11.Waters and Waterways 1. Definition. As used in this Section, the terms ÑwatersÒ and/or ÑwaterwaysÒ shall will include all public waterways waters as defined by Minnesota Statutes, Section 103G.005, subdivision 15105.38 and shall also include all bodies of water, natural or artificial, including ponds, streams, 52 Jufn!6/ lakes, swamps, and ditches which that are a part of or contribute to the collection, runoff, or storage waters within the City or directly or indirectly affect the collection, transportation, storage, or disposal of the storm and surface waters system in the City. 2. Permit Required. No person shall cause or permit any waters or waterways to be created, dammed, altered, filled, dredged, or eliminated, or cause the water level elevation thereof to be artificially altered without first securing a permit Building Permit or a Land Alteration Permit from the City, State, or watershed management organization as appropriate. 3. Application for Permit. Applications for permits required by the provisions of this Section shall be made in writing upon printed forms furnished by the City Clerk. 4. Scope of Proposed Work. Applications for permits required by this Section shall be accompanied with a complete and detailed description of the proposed work together with complete plans and topographical survey map clearly illustrating the proposed work and its effect upon existing waters and water handling facilities. 5. Fees. A fee of twenty-five dollars ($25.00) shall be paid to the City and upon the filing of an application for a permit required by the provisions of this Section to defray the costs of investigating and considering such application. 206.12. 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. 500.10 Fees Fees for this chapter are set in the Fees Chapter of the Code. 500.11 Appeals Any person contesting a citation or decision associated with violations of this Chapter may file an appeal pursuant to the Appeals and Administrative Citations Chapter of the Code. 53 Jufn!6/ Section 2 That the Fridley City Code Chapter 501, Residential Swimming Pools, be hereby amended as follows: Fridley City Code Chapter 501. Residential Swimming Pools 501.01 Purpose The Fridley City Council (Council) finds that reasonable regulations of swimming pools is necessary to provide for the public health, safety and general welfare in the City of Fridley (City). 501.02 Definitions Aquatic vessel, swimming pool, pool: A vessel, permanent or temporary, intended for swimming, bathing, or wading and that is designed and manufactured to be connected to a circulation system. Portable vessels 12 inches or less in designed water depth which are drained and filled daily are not considered aquatic vessels. Building Official: designation by the Council to a City employee who is granted administrative authority for administration of the Fridley City Code (Code). Circulation system: The mechanical components that are a part of a recirculation system on an aquatic vessel. Circulation equipment may be, but not limited to, categories of pumps, hair and lint strainers, filters, valves, gauges, meters, heaters, surface skimmers, inlet/outlet fittings, and chemical feeding devices. The components have separate functions, but when connected to each other by piping, perform as a coordinated system for the purpose of maintaining the aquatic vessels water in a clear and sanitary condition. Residential Pool: any pool connected with a single-family residence or owner-occupied duplex located on private property under the control of the homeowner, the use of which is limited to swimming or bathing by the resident members or their invited guests. A residential pool is not a pool used as part of a business. 501.03 Permits Required 1. It is unlawful for any person to construct an aquatic vessel within the City without first having secured a permit. An application for this permit must be accompanied by the following: (a) Proposed location of aquatic vessel illustrated on a certificate of survey with respect to the boundary lines of property. (b) The types of equipment to be used in connection with the aquatic vessel including, but not limited to, filter unit, pump, heaters or other related equipment. 54 Jufn!6/ (c) Aquatic vessels requiring the excavation or addition of soil will be required to show the existing and proposed changes to the site's grading and drainage plan and must include an erosion control plan. (d) A copy of the manufacturer's installation instructions for the aquatic vessel and all equipment associated with the aquatic vessel installation. 2. An aquatic vessel that is annually disassembled and assembled does not require a building permit but must comply with the requirements of the Code. 501.04 Compliance with Code It is unlawful for any person to maintain an aquatic vessel that does not comply with this Code. The Building Official may revoke any permit for failure to comply with this Code. Before a permit is revoked, the aquatic vessel owner must have notice in writing listing and describing the instances of failure to comply with this Code. 501.05 Residential Design and Construction Requirements 1. All aquatic vessels and related equipment must be installed per the manufacturer's printed installation instructions and in compliance with state law. 2. Unobstructed areas of not less than 36 inches wide must be provided to extend entirely around the aquatic vessel. The deck must be designed so as to prevent back drainage into the aquatic vessel. No deck is required for aboveground swimming pools. 3. Aquatic vessels may not be located within any required front yard. 4. Aquatic vessels may only be placed in rear yards 5. Aquatic vessels may not be located within a drainage and utility easement or below any overhead electrical line. 501.06 Drainage Water discharged from any aquatic vessel may not be discharged into the sanitary sewer system. Water cannot drain onto or across any adjoining property. Erosion control best management practices must be followed when draining into the stormwater system, pursuant to the Erosion Control and Stormwater Management Chapter of the Code. 501.07 Barriers 55 Jufn!6/ 1. All aquatic vessels must be completely surrounded by a fence or wall not less than four feet in height, which must be so constructed as not to have openings, holes or gaps larger than four inches in vertical or horizontal direction, including doors and gates. A dwelling or accessory building may be used as part of such enclosure. 2. All gates or doors opening through such enclosure must be equipped with a self- latching/self-closing device for keeping the gate or door securely closed at all times when not in actual use and be provided with hardware for locking devices, except that the door of any dwelling which forms a part of the enclosure need not be so equipped. Pool gates must be locked when the pool is not in use. 3. Fences must comply with the Fence Chapter of the Code. 4. Upon completing excavation of an aquatic vessel and in the absence of a permanent barrier or fence, a temporary fence (such as snow fence) may be installed with the approval of the building official. The maximum time allowed for a temporary fence is 30 days. 5. Aquatic vessels which are wholly enclosed within a building or structure are the only exceptions to the requirements set forth in this section. 501.08 Electrical and Mechanical Requirements All mechanical and electrical equipment must be installed meeting the requirements of the manufacturer's printed installation instructions. Separate permits are required for electrical and mechanical installation. 501.09 Water Regulations 1. The filling of any aquatic vessels from a fire hydrant is prohibited. There may be no cross- connections of the City water supply with any other source of water supply for the pool. The line from the City water supply to the pool must be protected against backflow of polluted water by means of either an air gap, vacuum breaker or other adequate device to prevent back siphonage. 2. No aquatic vessels containing sewage, waste or other contaminating or polluting ingredients rendering the water hazardous to health are permitted. 501.10 Chemical Storage The storage of chemicals must meet the requirements of the Minnesota State Fire Code. 501.11 Shielding Lights 56 Jufn!6/ Lights used to illuminate any aquatic vessel must be so arranged and shaded as to reflect light away from adjoining premises. 501.12 Unnecessary Noise It is unlawful for any person to make, continue or cause to be made or continue at any aquatic vessel any loud, unnecessary or unusual noise or any noise which annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others. In the operation of an aquatic vessel, the use or permitting the use or operation of any radio, machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing of the person or persons who are in the aquatic vessel premises is prohibited. 501.13 Fees The fees for this chapter are set in the Fees Chapter of the Code. Section 3 That the Fridley City Code Chapter 105, Landscape Maintenance, be hereby amended as follows: Fridley City Code Chapter 105.502 Landscape Maintenance 105.01502.01 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). 105.02502.02 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. 57 Jufn!6/ 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. 105.03502.03 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) 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). 105.0450204 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. 105.05502.05 Protection of Waterways 58 Jufn!6/ 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. Section 4 That the Fridley City Code Chapter 104, Tree Management, be hereby amended as follows: Fridley City Code Chapter 104.503. Tree Management 104.01. Declaration of Policy503.01 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. 503.02 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. 59 Jufn!6/ Removal: The cutting of a tree at the trunk to be level with the surrounding ground. 104.02.503.03 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). 104.03.503.04 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. 104.04.503.05 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 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. 104.05.503.06 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. 5: Jufn!6/ 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. 104.06.503.07 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. 104.08.503.08 Procedures for Removal of Infected Trees or Woods 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. 61 Jufn!6/ (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 abatement administrative th 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. 104.10.503.09 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. 104.11.503.10 Tree Management License Required 62 Jufn!6/ 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. 104.12.503.11 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 ClerkCity Manager or their designee, 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 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. 63 Jufn!6/ 4.3. Worker's Compensation Insurance Each license applicant shall must file with the City ClerkCity Manager or their designee 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. 5.4. 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. 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. Section 5 That the Fridley City Code Chapter 514, Snow and Ice Removal, be hereby amended as follows: Fridley City Code Chapter 514 504. SNOW AND ICE REMOVAL Winter Maintenance 514.01504.01 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. 64 Jufn!6/ 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. 514.02504.02 Definitions 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. 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. 514.03504.03 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. 65 Jufn!6/ 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. 504.04 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. (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. 66 Jufn!6/ 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. 504.05 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. 514.04504.06 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. 514.05504.07 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 be is subject to all penalties and remedies contained therein. In addition, violation violations 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 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 67 Jufn!6/ 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. Section 6 That the Fridley City Code Chapter 505, Erosion Control and Stormwater Management, be hereby amended as follows: Fridley City Code Chapter 505. Erosion Control and Stormwater Management 505.01 Purpose The purpose of this Chapter is to control or eliminate stormwater pollution along with soil erosion and sedimentation within the City of Fridley (City) as required by federal and state law. This Chapter establishes standards and specifications for conservation practices and planning activities, which minimize stormwater pollution, soil erosion and sedimentation. 505.02 General Provisions 1. Severability. If any section, clause, provision, or portion of this Chapter is judged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Chapter will not be affected. 2. Abrogation and Greater Restrictions. It is not intended by this Chapter to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Chapter imposes greater restrictions, the provisions of this Chapter will prevail. All other Chapters inconsistent with this Chapter are hereby repealed to the extent of the inconsistency only. 3. Minimum Standards. The standards set forth herein and promulgated pursuant to this Chapter are minimum standards. This Chapter does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants. 4. Responsibility. The City will administer, implement, and enforce the provisions of this Chapter. Any powers granted or duties imposed on the City may be delegated in writing by the City Manager to persons or entities acting in the beneficial interest of or in the employ of the City. 505.03 Scope All land alteration or drainage alteration must meet the requirements of this Chapter and the CityÔs Public Works General Specifications and Standards. 505.04 Definitions 68 Jufn!6/ Applicant: Any person, firm, sole proprietorship, partnership, corporation, company, state agency or political subdivision that applies for a permit from the City proposing or performing a land alteration or drainage alteration. Applicant also means agents, employees, contractors and others acting under the applicantÔs direction. Applicant also refers to the permit holder and their agents, employees and others acting under the permit holderÔs direction. Best Management Practices (BMPs): Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing and minimizing the degradation of surface water, including construction-phasing, minimizing the length of time soil areas are exposed, prohibitions and other management practices published by state or designated area-wide planning agencies. Drainage alteration: An increase in stormwater flows or a change in existing flow route at a property boundary by changing land contours, diverting or obstructing surface or channel flow, or creating a basin outlet. Erosion: Any process that wears away the surface of the land by the action of water, wind, ice or gravity. Erosion can be accelerated by the activities of people and nature. Erosion Control: Refers to methods employed to prevent erosion. Examples include soil stabilization practices, horizontal slope grading, temporary or permanent cover and construction phasing. Fully reconstructed: Areas where impervious surfaces have been removed down to the underlying soils. Activities such as structure renovation, mill and overlay projects, and other pavement rehabilitation projects that do not expose the underlying soils beneath the structure, pavement, or activity are not considered fully reconstructed. Maintenance activities such as catch basin repair/replacement, utility repair/replacement, pipe repair/replacement, lighting, and pedestrian ramp improvements are not considered fully reconstructed. General permit: A permit issued under Minnesota Rules 7001.0210 to a category of owners/operators whose operations, emissions, activities, discharges, or facilities are the same or substantially similar. Hazardous substances: Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Illicit connection: 1. Any drain or conveyance, whether on the surface or subsurface, that allows an illicit discharge to enter the storm drainage system including but not limited to sewage, processed wastewater, wash water and any connections to the storm drainage system from indoor drains and sinks, 69 Jufn!6/ regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or 2. Any drain or conveyance connected from a commercial or industrial land use to the storm drainage system that has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. Illicit discharge: Any direct or indirect non-stormwater discharge to the storm drainage system, except as exempted by this Chapter. Impervious Surface: A constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than existed prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads. Industrial activity: Activities subject to NPDES Industrial Stormwater Permits as defined in 40 CFR, Section 122.26 (b)(14) titled Storm water discharge associated with industrial activity. Land Disturbance Activity: Any land change that may result in soil erosion from water or wind and the movement of sediments into or upon waters or lands within the City, including construction, clearing and grubbing, grading, excavating, transporting, and filling of land. Also referred to as Ñland alteration.Ò Linear project: Construction of new or fully reconstructed roads, trails, sidewalks, or rail lines that are not part of a common plan of development or sale. For example, roads being constructed concurrently with a new residential development are not considered linear projects because they are part of a common plan of development or sale. Municipal separate storm sewer system (MS4): The system of conveyances, including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains owned and operated by the City and designed or used for collecting or conveying stormwater that is not used for collecting or conveying sewage. National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit: A permit issued by Minnesota Pollution Control Agency (MPCA) that authorizes the discharge of pollutants to Waters of the State, whether the permit is applicable on an individual, group, or general area-wide basis. Non-stormwater discharge: Any discharge to the storm drainage system that is not composed entirely of stormwater. Permit: Written permission granted by the City for construction, subdivision approval, or land disturbing activities. 6: Jufn!6/ Sediment: The product of an erosion process, including solid materials, both mineral and organic, that are in suspension, are being transported, or have been moved by water, wind, or ice, and have come to rest on the earth's surface either above or below water level. Sediment Control: The methods employed to prevent sediment from leaving the development site. Examples of sediment control practices are silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drains, pipe slope drains, storm drain inlet protection and temporary or permanent sedimentation basins. Stormwater (or storm water): Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation. Stormwater management plan: A document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, or receiving waters to the maximum extent practicable. Wastewater: Any water or other liquid, other than uncontaminated stormwater, discharged from a premises. Watercourse: A ditch, stream, creek, or other defined channel intended for the conveyance of water runoff, groundwater discharge, or similar hydraulic or hydrologic purpose. Waters of the State: All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereofÒ as currently defined in Minnesota Statutes §115.01, Subdivision 22. 505.05 Technical Guides The following are adopted by reference: 1. The Minnesota Wetland Conservation Act, Minnesota Statutes (M.S.) §§ 103G.221 - 103G.2372, and its implementing rules, Minnesota Rules 8420. 2. The CityÔs ÑPublic Works General Specifications and StandardsÒ (most current version to govern). 505.06 Administration 1. A permit is required for any land alteration within the City that results in: 71 Jufn!6/ (a) The creation of 5,000 square feet or more of land disturbance or new or fully reconstructed impervious surface. (b) The creation of 1,000 square feet or more of land disturbance or movement of 10 cubic yards or more of material within the water quality impact zone as described in the Critical Area Overlay District Chapter of the Code. (c) The movement of 10 cubic yards or more of material on steep slopes or within the bluff impact zone or shore impact zone as described in the Shoreland Overlay District Chapter of the Code. (d) The movement of 50 cubic yards or more of material not on steep slopes or within the bluff impact zone or shore impact zone as described in the Shoreland Overla District Chapter of the Code. (e) Temporary soil stockpiles of 50 cubic yards or more. (f) Impacts to wetlands. (g) Construction of retaining walls that in combination are four feet tall or higher. (h) Drainage alterations resulting in an increased rate of flow onto adjacent properties. 2. Calculations of areas of land disturbance or movement of material to determine if a permit is required will be based on cumulative project impacts. 3. No land alteration or drainage alteration within the thresholds established in 505.06.01 may occur until a permit is issued by the City. 4. Applications for permits required under this Chapter must submit the following information unless the City Engineer or their designee determines that the information is not needed to determine compliance with this Chapter: (a) The name and address of the applicant and the location of the activity. (b) A description of the project including the nature and purpose of the land alteration activity and the amount of grading, utilities, new and reconstructed impervious surface and building construction involved. (c) A map of the existing site conditions including existing topography, property information, steep and very steep slopes, existing drainage systems/patterns, type of soils, waterways, wetlands, vegetative cover, designation of the siteÔs areas that have the potential for serious erosion problems, and floodplain boundaries. 72 Jufn!6/ (d) A site construction plan that includes the location of the proposed land alteration activities and phasing of construction. (e) An erosion and sediment control plan meeting the requirements of the CityÔs Public Works General Specifications and Standards. (f) A permanent stormwater management plan meeting the requirements of the CityÔs Public Works General Specifications and Standards. (g) A wetland management plan meeting the requirements of the CityÔs Public Works General Specifications and Standards if proposing impacts to wetlands. (h) Copies of any necessary easements or other property interests concerning the flow of water if drainage is directed off-site. (i) Copies of any inspection schedules as required by the Minnesota Pollution Control AgencyÔs (MPCA) NPDES/SDS Construction Stormwater General and meeting the CityÔs Public Works General Specifications and Standards. (j) Copies of any necessary easements for maintenance and access meeting the CityÔs Public Works General Specifications and Standards. (k) A signed stormwater maintenance agreement meeting the requirements of Section 505.12. (l) Proof of any necessary permits from other agencies including watershed districts, Minnesota Department of Transportation, Anoka County, or other jurisdictional agencies. (m) For sites with proposed disturbance greater than one acre, any other items necessary to determine compliance with the MPCAÔs NPDES/SDS Construction Stormwater General Permit MNR100001. 505.07 Wetlands 1. Runoff must not be discharged directly into wetlands except as allowed within the CityÔs Public Works General Specifications and Standards. 2. Wetlands must not be drained, filled, excavated, or otherwise altered except in conformance with the provisions of M.S. §§ 103G.221-103G.2372, Minnesota Rules 8420 and Section 404 of the Federal Clean Water Act. 505.08 Drainage Alterations 73 Jufn!6/ 1. All newly constructed and reconstructed buildings must route roof drain leaders to pervious areas (not natural wetlands) where the runoff can infiltrate whenever practical. The discharge rate must be controlled so that no erosion occurs in the pervious areas. 2. Drainage may not be altered to be directed onto adjacent property in so far as practical except as allowed with a City permit. 505.09 Illicit Discharge 1. Prohibition of illicit discharges. No person may throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the MS4 any pollutants or waters containing any pollutants, other than stormwater. The commencement or continuance of any illicit discharge to the storm drainage system is prohibited except as described below: (a) Discharges from the following sources are exempt from discharge prohibitions established by this Chapter: flows from riparian habitats and wetlands, diverted stream flows, rising groundwater, springs, uncontaminated groundwater infiltration, uncontaminated pumped groundwater, uncontaminated water from foundation or footing drains, crawl space pumps, air conditioning condensate, irrigation water, lawn watering discharge, individual residential car washing, water hydrant flushing or other water treatment or distribution system, discharges from potable water sources, and street wash water. (b) Discharge of swimming pools, crawl spaces, sump pumps, footing drains, and other sources that may contain sediment or other forms of pollutants may not be discharged directly to a gutter or storm sewer. This discharge must flow over a vegetated area to allow filtering of pollutants, evaporation of chemicals, and infiltration of water consistent with the stormwater requirements of the City. (c) Discharges or flow from firefighting and other discharges specified in writing by the City as being necessary to protect public health and safety. (d) Discharges associated with dye testing. This activity requires a verbal notification to the City prior to the start of any testing. (e) Discharges associated with the necessary use of snow and ice control materials on paved surfaces. (f) Any non-stormwater discharge permitted under a NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of Minnesota Pollution Control Agency (MPCA), provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drainage system. 74 Jufn!6/ 2. Prohibition of illicit connections. (a) The construction, use, maintenance, or continued existence of illicit connections to the storm drainage system is prohibited. (b) This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (c) A person is considered to be in violation of this Chapter if the person connects a line conveying sewage to the MS4 or allows such a connection to continue. (d) Connections in violation of this Chapter must be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system upon approval of the City. (e) Any drain or conveyance that has not been documented in plans, maps or similar documents, and which may be connected to the storm sewer system, must be located by the owner or occupant of that property at the owner's or occupant's sole expense upon receipt of written notice of violation from the City requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be determined, that the drain or conveyance be identified as storm sewer, sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. The results of these investigations must be documented and provided to the City. 3. Notification of Spills Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the storm drain system, or waters, said person must take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials, said person must immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person must notify the City no later than the next business day. Notifications must be confirmed by written notice addressed and mailed to the City within three business days of the phone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment must also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records must be retained for at least three years. 4. Management Practices 75 Jufn!6/ (a) The City will adopt requirements identifying BMPs for any activity, operation, or premises which may cause or contribute to pollution or contamination of stormwater, the storm drainage system, or Waters of the State. The owner or operator of such activity, operation, or premises must provide, at their owner's or operator's sole expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drainage system or watercourses through the use of structural and nonstructural BMPs. (b) Any person responsible for a property or premises that is, or may be, the source of an illicit discharge, may be required to implement, at said person's sole expense, additional structural and non-structural BMPs to prevent the further discharge of pollutants to the MS4. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, must be deemed proof of compliance with the provisions of this Section. These BMPs will be part of a stormwater management plan (SWMP) as necessary for compliance with requirements of the NPDES permit. 505.10 Watercourse Protection Every person who owns property through which a watercourse passes, or such person's lessee, must keep and maintain that part of the watercourse within the property free of trash, debris, yard waste, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee must maintain existing privately owned structures at the owner's or lessee's sole expense within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. 505.11 Inspections 1. All erosion and sediment control measures and permanent stormwater BMPs must be inspected by the applicant to ensure integrity and effectiveness as outlined in the CityÔs Public Works General Specifications and Standards and any approved Maintenance Agreements. 2. The City and its authorized representatives must be allowed to: (a) Enter upon a site for the purpose of obtaining information, examination of records, conducting investigations, or performing inspections or surveys as often as may be necessary to determine compliance with the Chapter. (b) Where feasible, the City will give 24-hours advance notice. In cases of emergency or ongoing discharge, the City must be given immediate access. (c) Unreasonable delay in allowing the City access to the premises is a violation of this Chapter. 76 Jufn!6/ (d) The City may seek issuance of an administrative search warrant from any court of competent jurisdiction if it has been refused access to any part of the premises from which storm water is discharged, and 1) is able to demonstrate probable cause to believe that there may be a violation of this Chapter, or 2) that there is a need to inspect or sample as part of a routine inspection and such sampling program is designed to verify compliance with this Chapter or any order issued hereunder, or 3) to protect the overall public health, safety, and welfare of the City. (e) Bring equipment on the site as is necessary to conduct any surveys and investigations or require the property owner/discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment must be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality must be calibrated to ensure their accuracy. (f) Examine and copy any books, papers, records, or memoranda pertaining to activities or records required to be kept under the CityÔs Public Works General Specifications and Standards. (g) Inspect the erosion and sediment controls and permanent stormwater BMPs. (h) Remove any temporary or permanent obstruction to the safe and easy access of an inspection. (i) Correct deficiencies in stormwater and sediment and erosion control measures 3. The cost of providing access to inspectors and correcting deficiencies must be paid as outlined in Section 505.13 and Section 505.15. 505.12 Maintenance 1. Maintenance of erosion and sediment control devices must occur in conformance with the Public Works General Specifications and Standards and the approved Maintenance Agreement. 2. All stormwater BMPs must be designed to minimize the need for maintenance, to provide access for maintenance purposes and to be structurally sound. 3. A Maintenance Agreement must be developed for the ongoing inspection maintenance of all permanent structural stormwater BMPs that documents all responsibilities for operation and maintenance. The Maintenance Agreement will be executed and recorded against the parcel. The Maintenance Agreement must be in a form approved by the City and must, at a minimum: (a) Designate the Responsible Party who is responsible for ongoing inspection and maintenance of the permanent structural stormwater BMPs and the costs of any needed inspection and maintenance to be completed by the City as outlined in Section 505.15. 77 Jufn!6/ (b) Pass responsibilities for such maintenance to successors in title. (c) Include a maintenance plan that contains, but is not limited to the following: (1) Identification of all structural permanent stormwater BMPs. (2) A schedule for regular inspection, monitoring, and maintenance of each structural BMP. Monitoring must verify whether the practice is functioning as designed and may include, but is not limited to quality, temperature, and quantity of runoff. (3) Include a schedule and format for reporting compliance with the maintenance agreement to the City. (d) Allow the City and its representatives the right-of-entry for the purpose of inspecting all permanent stormwater BMPs. (e) Allow the City the right to repair and maintain the facility, if necessary maintenance is not performed after proper and reasonable notice to the Responsible Party, at the cost to the Responsible Party as outlined in Section 505.15. 4. The Responsible Party must make records of the installation and of all maintenance and repairs of the stormwater BMPs and must retain the records for at least three years. These records must be made available to the City during inspection of the stormwater BMPs and at other reasonable times upon request. 505.13 Financial Securities 1. The applicant must provide a financial security for the performance of the work in conjunction with a permit in the amount outlined in the Fees Chapter of the Code. 2. This security must be available prior to commencing the project. The form of the security must be: (a) By a cash security deposited to the City for 30% of the total financial security when less than five acres of soil will be simultaneously exposed. When over five acres of soil will be simultaneously exposed to erosion, the cash security increases to the first $5,000 or 10% of the total financial security, whichever is greater. (b) The remainder of the financial security must be placed either with the City, a responsible escrow agent, or trust company, at the option of the City. Such security must contain money, an irrevocable letter of credit, negotiable bonds of the kind approved for securing deposits of public money or other instruments of credit from one or more financial institutions, subject to regulation by the state and federal government wherein said financial institution pledges 78 Jufn!6/ that the funds are on deposit and guaranteed for payment. This security must declare the City free and harmless from all suits or claims for damages resulting from the negligent grading, removal, placement, or storage of rock, sand, gravel, soil, or other like material within the City. The type of security must be of a type acceptable to the City. 3. The City may request a greater financial security from an applicant if the City determines that the development site is especially prone to erosion or the resource to be protected is especially valuable. If more soil is simultaneously exposed to erosion than originally planned, the amount of security must increase in relation to this additional exposure. 4. If at any time during the work the deposited security amount falls below 50% of the required deposit, the Applicant must make another deposit in the amount necessary to restore the deposit to the required amount within five days. if a deposit is not made, the City may: (a) Withhold the scheduling of inspections or the issuance of a Certificate of Occupancy. (b) Revoke any permit issued by the City to the applicant for the site in question and any other of the ApplicantÔs sites within the CityÔs jurisdiction. (c) When more than one-third of the applicantÔs maximum exposed soil area achieves final stabilization, the City may reduce the total required amount of the financial security by one- third, if recommended in writing by the City Engineer. When more than two-thirds of the applicantÔs maximum exposed soil area achieves final stabilization, the City may reduce the total required amount of the financial security by two-thirds of the initial amount, if recommended in writing by the City Engineer. (d) Any unspent amount of the financial security deposited with the City for faithful performance of the permit and permit related remedial work must be released not more than one full year after the completion of the installation of all such measures and the establishment of final stabilization. 505.14 Enforcement. 1. In the following instances, the City may take enforcement actions against the applicant or property owner: (a) The applicant or property owner ceases land disturbing activities and abandons the work site prior to completion of the permit requirements. (b) The applicant or property owner fails to conform to this Chapter, the approved permit, CityÔs Public Works General Specifications and Standards, the approved erosion and sediment control plan, the permanent stormwater management plan, or related supplementary instructions. 79 Jufn!6/ (c) The Responsible Party does not follow the approved Maintenance Agreement 2. When an applicant, property owner, or Responsible Party fails to conform to any provision of this Chapter, the CityÔs Public Works General Specifications and Standards, an approved permit, or an approved Maintenance Agreement within the time stipulated by the City, the City may take the following actions: (a) Issue a stop work order, withhold the scheduling of inspections or the issuance of a Certificate of Occupancy. (b) Suspend or revoke any permit issued by the City to the applicant for the site in question or any other of the applicantÔs sites within the CityÔs jurisdiction. (c) Perform corrective work to address the violation either utilizing City staff or by a separate contract. 3. Additionally the City may undertake the following enforcement actions against the property owner for violations related to Section 505.09 Illicit Discharge: (a) Written warnings. When the City finds that a person has violated a prohibition or failed to meet a requirement of this Chapter and the violation or failure to meet a requirement has no ongoing adverse impact to the MS4 or Waters of the State, City staff may issue a written warning to the violator, provided that it is the personÔs first violation or failure to meet a requirement, to obtain voluntary compliance with this Chapter. (b) Notice of violation. Whenever the City finds that a person has violated a prohibition or failed to meet a requirement of this Chapter, the City may order compliance by written notice of violation to the person. Such notice may require without limitation: (1) The performance of monitoring, analysis, and reporting; (2) The elimination of illicit connections or discharges; (3) That violating discharges, practices, or operations must cease and desist; (4) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; (5) The implementation of source control or treatment BMPs. If abatement of a violation or restoration of affected property is required, the notice will set forth a deadline within which such remediation or restoration must be completed. Said notice must advise that, should the violator fail to remediate or restore within the established deadline, the work 7: Jufn!6/ will be done by a designated governmental agency or a contractor and the expense will be charged to the violator as outlined in Section 505.15; (c) Suspension due to illicit discharge. The City may suspend MS4 discharge access under the following circumstances: (1) Suspension due to illicit discharge in emergency situations. The City may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge that presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or Waters of the State. If the violator fails to comply with a suspension order issued in an emergency, the City may take such steps as it deems necessary to prevent or minimize damage to the MS4 or Waters of the State. (2) Suspension due to detection of illicit discharge. Any person discharging to the MS4 in violation of this chapter may have its MS4 access suspended if such suspension would abate or reduce an illicit discharge. The City will notify the violator of the proposed suspension of its MS4 access. The person may petition the City for reconsideration and hearing. A person commits an offense if the violator reinstates MS4 access to premises suspended pursuant to this Chapter, without the prior approval of the City. 4. The City will begin corrective work under the following schedule: (a) For failures of erosion and sediment control devices, illicit discharges, and illicit connections: (1) Except during an emergency action, 48 hours after notification by the City or 72 hours after the failure of erosion and sediment control measures, whichever is less, or the date listed within the notice of violation, the City at its discretion may begin corrective work. (2) Notification of the need to perform corrective work should be in writing, but if it is verbal, a written notification should follow as quickly as practical. If after making a good faith effort to notify the responsible party or parties the City has been unable to establish contact, the City may proceed with the corrective work. (b) For failures of permanent stormwater BMPs or failures to comply with an approved maintenance plan, the City will provide the applicant, property owner, or the Responsible Party notice in writing that it intends to correct a violation of the design standards or maintenance plan by performing all necessary work to place the stormwater BMP in proper working condition. The notified party will have 30 days to perform the required maintenance and repair of the BMP in an approved manner. After 30 days, the City may proceed with the corrective work. 81 Jufn!6/ (c) If circumstances exist such that noncompliance with this Chapter poses an immediate danger to the public health, safety, and welfare as determined by the City Engineer or their designee, the City may take emergency preventative action. During such a condition the City may take immediate action prior to notifying the applicant and notify the applicant as soon as possible after work commences. Any cost to the City may be recovered from the applicant or property owner. 5. Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance as outlined in the Public Nuisances Chapter of the Code. 6. Remedies not exclusive The remedies listed in this chapter are not exclusive of any other remedies, including but not limited to civil action to enjoin or otherwise compel the cessation of any violation of this Chapter, available under any applicable federal, state or local law, and it is within the discretion of the City to seek cumulative remedies. The City may recover all attorneysÔ fees, court costs and other expenses associated with enforcement of this Chapter, including sampling and monitoring expenses. 505.15 Abatement 1. All costs incurred by the City during inspection and enforcement actions including but not limited to site access, staff time, contractor fees, and attorneyÔs fees, must be reimbursed to the City. If payment is not made within 30 days after costs are incurred by the City, payment will be made from the applicantÔs financial securities. 2. If there is an insufficient financial amount in the financial securities to cover the costs incurred by the City or if no financial security was provided, then the City may assess the remaining amount against the property. As a condition of the permit for land disturbance activities, the owner will waive notice of any assessment hearing to be conducted by the City, concurs that the benefit to the property exceeds the amount of the proposed assessment, and waives all rights by virtue of M.S. § 429.081 to challenge the amount or validity of the assessment. 505.16 Fees The fees for this chapter are set in the Fees Chapter of the Code. 82 Jufn!6/ Section 7 That the Fridley City Code Chapter 214, Signs, be hereby amended as follows: Fridley City Code Chapter 214 506. Signs 214.01506.01 Purpose The purpose of this Chapter is to provide a comprehensive and constitutionally-sound sign ordinance providing for the regulations of signs in the City of Fridley (City). Regulation of signs is necessary to prevent traffic hazards and personal and/or property damage. The purpose of this Chapter is to: 1. Regulate the number, location, size, type, illumination, and other physical characteristics of signs within the City in order to promote the public health, safety, and welfare; 2. Maintain, enhance, and improve the aesthetic environment of the City by preventing visual clutter that is harmful to the appearance of the community; 3. Improve the visual appearance of the City while providing for effective means of communication, consistent with constitutional guarantees and the CityÔs goals of public safety and aesthetics; and 4. Provide for the fair and consistent enforcement of this Chapter. It is not the purpose or intent of this Chapter to regulate the message displayed on any sign, to regulate any building design or any display not defined as a sign, nor to regulate any sign which cannot be viewed from outside a building. 214.02506.02 Definitions Abandoned Sign: A sign which: 1. Is Continues to be displayed after expiration of a Sign Permit; 2. Remains after the demolition of a principal structure located on the real property where the Sign is located. Any Sign sign meeting this definition shall will be considered abandoned even if the Sign is legally nonconforming or authorized pursuant to a Special Use Permit or variance. Address Sign: A sSign consisting of numbers or numbers and a street name, identifying the address of a building and/or property. 83 Jufn!6/ Alteration: Any major change to a sSign sStructure, a sSign fFace, or a sSign aArea. Alteration does not include changes to the sSignÔs message if the message solely is changed without altering the sSign fFace, sSign sStructure, or the surface of the sSign. Area Gateway Sign: A permanent, free-standing sSign located near a principal entrance of a residential or commercial property or group of properties sharing a common identity (e.g., plat, neighborhood, development, etc.). Banner: A type of Temporary Sign comprised of any fabric, vinyl, or similar lightweight or non-rigid material, attached on all edges or corners to prevent movement of the material. Banner will include flags with a dimensional ratio exceeding 1.9 as established in this Chapter. Bench Sign: A sSign which is attached to the front and rear surfaces of a backrest of a bench. Billboard: A permanent, free-standing sSign with a standard siSign aArea of 14 feetoot by 48 feetoot. Changeable Message: A message on a sSign or portion thereof with characters, letters, pictures, panels, or illustrations that can be changed, rearranged, or replaced electronically or manually without altering the sSign fFace or the sSign sStructure. Commercial Speech: Speech advertising a business, profession, commodity, service, or entertainment. Directional Sign: A permanent freestanding sign located no closer than 10 feet to a property line or driveway and situated so as to be readily visible to vehicles and pedestrians accessing the a property. District: A zoning district as defined in Chapter 205 Zoning of the City Code. Electronic Changeable Message: Programmable electronic message board, and/or programmable illuminated sign. Flag: Any fabric or similar lightweight material attached at one edge or no more than two corners of the material, usually to a staff or pole, to allow movement of the material, and which has dimensions in a 1.9 ratio or other ratio as prescribed by Executive Order 10834, ÑThe Flag of the United States.Ò and which contains distinctive colors, patterns, symbols, or text. If any dimension of a flag is more than three times as long as any other dimension, it shall be regulated as a temporary sign for the purposes of this section. Flashing Sign: A directly or indirectly Illuminated sSign which exhibitsith changing light or color effects by any means, or that to provides the illusion of intermittent flashing light, zooming, twinkling, or sparkling by means of animation. Free-Standing Sign: A sSign which is located on the ground and not attached to any part of a building or structure. 84 Jufn!6/ Illuminated Sign: A Sign which contains an element designed to emanate artificial light internally or externally. Incidental Sign: A small sign with a purpose secondary and accessory to the uses on the property on which it is located. No sign with a message legible off the premises shall will be considered incidental. Institution: A public or private institution including but not limited to places of worship, schools, hospitalshospitals, and medical clinics. Institutional Sign: A sSign on the premise of an iInstitution. Interstate 694 Corridor: Any real property immediately adjacent to and within 275 feet of the centerline of Interstate 694 right-of-way. Interstate 694 Primary Sign: A permanent, free-standing sSign located within the Interstate 694 Corridor, intended to be visible from Interstate 694, and constructed and/or erected pursuant to § 214.15 Interstate 694 Corridor SignageMinnesota Statutes (M.S.). Interstate 694 Secondary Sign: A permanent, free-standing sSign located on real property within the Interstate 694 Ccorridor, intended to be visible from public right-of-way intersecting Interstate 694, and constructed and/or erected pursuant to § 214.15 Interstate 694 Corridor SignageM.S. Multiple Use Non-Residential Building: A building designed for multiple occupancy of non- residential tenants. Motion Sign: A sSign which revolves, rotates, has moving parts, or gives the illusion of motion. A mMotion sSign does not include wWalking sSigns, or cChangeable sSigns or fFlashing sSigns if the sole motion is changing lights or, illuminance, or the message. A Motion Sign also does not include a Flag as defined and regulated by this chapter. Mural: An image painted or applied to the exterior of a building wall or other permanent structure, and for which no more than five percent of the total area covered by the mural, or 100 square feet (whichever is less), consists of text. Nonconforming Sign: A sSign lawfully erected prior to the effective date of this Chapter and which fails to conform to the requirements of this Chapter. Non-cCommercial Speech: Speech not classified as cCommercial sSpeech which includes, but is not limited to, messages concerning political, religious, social, ideological, public service, and informational topics. Obsolete Sign Copy: Sign copy that no longer advertises or correctly identifies a use conducted on the property which the sign is located. 85 Jufn!6/ Permanent Sign: A sSign comprised of durable materials and which is designed to be displayed for an indefinite period of time and which is not easily removed or relocated. Projecting Sign: A Sign attached to a wall space that projects perpendicularly from a building or structure. Roof: The exterior surface and its supporting structure on the top of a building or structure. Roof Sign: A Sign erected, placed, and/or constructed on and/or above the Roof of a building, and which is supported by the Roof. Sign: Any letter, word, symbol, poster, picture, reading matter, advertisement, announcement, message, or visual communication, whether painted, posted, printed, affixed, or constructed, which is displayed for informational or communicative purposes, and including its sSign sStructure. The term sSign doesshall not include architectural features or art not intended to communicate information, nor Muralsmurals, nor Flags flagsas defined by this chapter. Sign Area: The area of a sSign, including the border and the surface thatwhich bears the message, but excluding the sSign sStructure containing no message. The area of a sign with more than one visible face isshall be calculated by the sum of the area of each sign face divided by two. For signs without a frame, the square footage shall beis calculated as the area within a plane figure or figures bounded by straight lines connecting at right angles connecting the outermost points of the sign, as illustrated in Exhibit 1 below. Exhibit 1: Sign Area 86 Jufn!6/ Sign Face: The surface of a sSign upon, against, and/or through which the message of the sSign is exhibited. Sign Permit: An official document or certificate granting permission to erect a sign. Sign Structure: A structure including the supports, uprights, bracing, and framework which supports or is capable of supporting a sSign. Special Use Permit: A Special Use Permit as defined in Chapter 205the Zoning chapters of the Fridley City Code (Code). Static Display Area Signage: A durable, non-moving sign or grouping of signs constructed of plywood, rigid plastic, or similar durable weatherproof materials. Temporary Sign: A sSign which is designed to be erected or displayed for a limited period of time, including but not limited to: banners, pennants, beacons, sandwich or curb sSigns, wWalking sSigns, yYard sSigns and, and balloons or other air or gas filled structures. Vision Safety Zone: The triangular area of a corner lot beginning at the intersection of the street surface edge or curb lines, measuring 40 feet along each curb line and a straight line between the two points, as illustrated in Exhibit 2 below. Exhibit 2: Vision Safety Zone 87 Jufn!6/ Wall Sign: A sSign which is attached to the wall of a building or structure. Walking Sign: A sSign held by or attached to a person or animal human being who stands or walks on the premises of at a business or event location. A person or animal dressed in costume, both for the purposes of advertising and/or otherwise seeking to drawing attention to an individual, business, commodity, service, activity, or product is considered a walking sign. Window Sign: A sSign attached to the inside of a window for the purpose of viewing from outside the building. A wWindow sSign does not include merchandise located in a window. 214.03506.03 General Provisions for Signs 1. No sSign shall may be erected, constructed, posted, and/or utilized in the City unless the sSign is safe and in compliance with this Chapter and all other provisions of the City Code. 2. No fFree-sStanding sSign mayshall be placed closer than 10 feet to any property line or driveway, except Ffree-sStanding tTemporary sSigns may be placed on sidewalks during the hours thatin front of businesses or location otherwise open to the public when the adjacent propertybusiness or location is open. to the public, if TtheÚ sign must be placed is located immediately in front of the entrance and the Sign doesmust not violate the Americans with Disabilities Act or otherwise prohibit or impede pedestrian or vehicular traffic. 3. Freestanding sSigns located within a Vision Safety Zone must have a minimum height of 10 feet from the bottom of the sSign to the finished ground grade, as illustrated in Exhibit 3 below: Exhibit 3: Freestanding Sign Height 88 Jufn!6/ 4. No sign shall may create a glare that will impacts adjacent properties, drivers, or pedestrianspedestrians. 5. Sign Maintenance (a) Sign structures and surfaces of all signs must be maintained in a safe and presentable condition at all times, including the replacement of defective parts, painting, repainting, cleaning, and other acts required to prevent the sign and sign structure from becoming unsafe or hazardous. (b) When any permanent sign erected pursuant to a sign permit is removed, the City must be notified, and the entire sign must be removed. 6. Nonconforming Signs. Nonconforming signs will be treated like other nonconforming uses and structures as for provided in the Zoning Title and Minnesota Statutes, or as otherwise specified Minnesota Statutes. Use of any nonconforming sign may not be continued after the sign is abandoned. 7. No sign may cause a public nuisance. If the City determines a sign is a public nuisance, the City may proceed in accordance with the Violations section of this Chapter and may bill the costs of enforcement to the property owner. The following are deemed to be public nuisances: (a) Electronic signs which are non-working, have burnt out bulbs, incoherent messages, or are malfunctioning. (b) Signs which have an incoherent message or missing characters. (c) Signs that due to defective parts or lack of maintenance are deemed unsafe or hazardous. (d) Signs that are dilapidated or damaged. (e) Abandoned signs. (f) Obsolete sign copy that has not been covered or removed within 30 days after written notification from the City. (g) Signs in violation of this Chapter, including but not limited to, those posted without a sign permit, signs in excess of number limitations, signs exceeding size limitations, signs in violation of setback and location requirements, signs impeding pedestrian or vehicular traffic, signs with changeable messages changing more quickly than allowed, electronic signs exceeding luminance levels, and signs that otherwise are a menace to the general health, safety, and welfare of the public. 214.04506.04 Signs Allowed in all Districts 89 Jufn!6/ 1. Address Signs: Each dwelling, business, or building must have a minimum of one aAddress sSign, that is a minimum size as prescribed in the Building Code of four inches high and one-half inch wide. The sSign must be illuminated or reflective and visible from the public right-of-way. Where building access is by means of a private road and the building address cannot be viewed from the public right of way, a monument, pole, or other sign or means shallmust be used to identify the structure. ANo S sign pPermit is not required for address signs. 2. Bench Signs: Bench sSigns may be displayed in all dDistricts but may only be placed on benches at transit stops and may not be any larger than or extend beyond any portion of the bench. A bench sign may only be placed on a bench not larger than 42 inches high or more than 30 inches wide or seven feet long overall. No sSign pPermit is required for bench signs. 3. Noncommercial Flags: Non-cCommercial flags may be displayed in all dDistricts in accordance with state and federal law. Any nNon-cCommercial flag may be displayed in lieu of the United States or State of Minnesota flag. No sSign pPermit is required for noncommercial flags. 4. Permanent Free-Standing Sign: Permanent fFree-sStanding sSigns may be displayed in all Districts, subject to all requirements of the District, including permit requirements. 5. Wall Signs: Wall sSigns may be displayed in all dDistricts but must comply with size and number requirements of the dDistrict, including permit requirements. 6. Noncommercial Signs: During a state general election year, there shall beis no permit required or restrictions on size or number of nNoncommercial sSigns beginning 46 days before the state primary election until 10 days following the state general election, pursuant to Minnesota Statute Section 211B.045s, as may be amended from time to time. Such siSigns are subject to all other restrictions for their sSign type and dDistrict, including all setback requirements. In the R-1, R-2, R-3, R-4, & S-1 dDistricts, nNoncommercial sSigns are also allowed as areshall also be allowed at all times as wWindow sSigns, subject to a maximum sSign Aarea of 40 percent of the window area where the sign is placed. 7. Temporary Signs: All other tTemporary sSigns may be displayed in all dDistricts, subject to all the requirements of the dDistrict, including permit requirements. 8. Window Signs: Window sSigns may be displayed in all dDistricts without a permit, but must comply with all size and number requirements of the dDistrict. 9. Signs may be erected within a public right-of-way in any dDistrict provided that such sSign is approved by the appropriate governmental agency with authority over the right of way. 8: Jufn!6/ 10. Incidental Signs: Incidental signs may be displayed without a permit in all dDistricts, subject to all requirements of the dDistrict. 11. Hospital Signs on Hospital Property: Notwithstanding any provisions to the contrary, due too the confusion and anxiety that may arise from emergencies, and the necessity of quickly and efficiently finding treatment, the City Council finds that hospital identification and emergency siSigns on hospital property may be larger than other pPermanent fFree-sStanding sSigns or wWall sSigns for the public to quickly identify a hospital. Consistent with this, a Hospital sSignns on a hospital property,, including both fFree-sStanding and wWall sSigns, may have a maximum sSign aArea of 100 square feet in all dDistricts. A sSign pPermit is required. 214.05506.05 Signs Prohibited in All Districts 1. Signs erected or displayed upon any public right-of-way, as defined in\] City Code § 205.02.72\\, or public property, as defined in the ÑDefinitionsÒ section of the Zoning CityOrdinance Code § 205.02.71, except official or temporary traffic control signs, signals, or devices, at any time the public right-of-way or public property is open for public use, unless otherwise permitted by this Chapter or other applicable law. Any sSign posted in violation of this Section is declared to be deemed abandoned property and. T the City may seize the sSign and immediately destroy it. A violation of this Section is a misdemeanor. The City may file a citation against the individual who placed the sign and may seek the costs of removal. 2. Signs depicting, representing, or constituting obscene material, pursuant to Minnesota Statutes, as may be amended from time to time or other applicable law. 3. Signs which by reason of size, location, movement, content, coloring, or manner of illumination may be confused with the lights of an emergency or road equipment vehicle, a traffic sign, signal, or device, or which hides from view any traffic sign, signal, or device. 4. Motion sSigns. 5. Flashing sSigns. 6. Signs obstructing a Vision Safety Zone. 7. Roof sSigns. 8. Abandoned sSigns. 9. Signs with oObsolete sSign cCopy. 214.06506.06 Permit Requirements 91 Jufn!6/ 1. The following sSigns shall may not be erected, altered, reconstructed, or moved in the City without first securing a sSign pPermit from the City. However, a A sign permit shall is not be required for the to changeing of the display surface or message on a previously approved and erected sign: (a) Permanent, fFree-sStanding sSigns, including but not limited to aArea gGateway sSigns, bBillboards, iInstitutional sSigns, and Iinterstate 694 CcCorridor sSigns. (b) Wall sSigns. (c) Temporary sSigns not located in an R-1, R-2, R-4, or S-1 District. (d) Static dDisplay aArea sSigns. 2. For sSigns requiring a sSign pPermit, the content of the message or speech displayed on the sSign shall will not be reviewed or considered in determining whether to approve or deny a sSign pPermit. Applications for a sSign pPermit shall must be made in writing on a form approved by the City and addressed to the City Manager or their designee. Applications mustshall contain the information necessary to approve the permit request. 3. The City shall or their designee may approve or deny a tTemporary sSign pPermit within five business days of receiving a complete application. The City shall approve or deny a pPermanent sSign pPermit within 60 days of receiving a complete application. If the City denies the sSign pPermit, the City shall must provide written reasons for the denial at the time the City denies the sSign pPermit. 4. A tTemporary sSign pPermit isshall be valid for the time period stated on the approved permit. AThe time period for a T temporary sSign pPermit willshall not exceed 30 days. There must be 30 days between repeated temporary sign permits for the same location. 5. Failure to comply with this Section is a misdemeanor. (a) If a tTemporary sSign is posted in violation of the permit requirements, the City may issue a citation to the sSign owner, remove the sSign, and/or invoice the property owner for the cost of the sSign pPermit and any penalties as provided in the Fees Chapter of the Code.by Chapter 11. (b) If a pPermanent s Sign is posted in violation of the permit requirements, the City may issue a citation to the property owner, and/or seek abatement in accordance with § 214.20the Violations section of this Chapter, including, but not limited to, removal of the sSign, payment of the sSign pPermit, and any penalties as provided by Chapter 11the Fees Chapter of the Code, and any enforcement costs. 92 Jufn!6/ 6. A sSign pPermit for a permanent sign shall will expire if the work has not been substantially initiated within 180 days and/or substantially completed within one year of the date of the permitÔs issuance. 7. Any sSign pPermit may be revoked by the City upon failure of the holder to comply with any provision of this Chapter, the City Code,code or with the terms of the permit at the time of its issuance. A permit holder may appeal a decision to revoke a permit pursuant to the process set forth in the Appeals section of this Chapter. The revocation will be stayed pending a decision on an appeal. 214.07506.07 Signs Allowed by District The following table represents the allowable signage and area requirements of a single sign (in square feet) by zoning district. ÑNoÒ indicates the sign type is not allowed in the district. A sSign pPermit is required unless otherwise specified in this Chapter: Sign Maximum Sign Size by Zoning District Number Sign Type (in square feet unless otherwise noted) of Signs Specifi Allowed c Standa rds R-1, R-2, R-3 CR-1 C-1, C-3 M-1, M-3, R-4, & C-2 M-2 M-4, S-1 S-3 Area 24 32 48 80 80 80 80 1 per 214.07. Gateway develop01 Sign ment Institutio32/80/^ 32/80 1 214.07. nal Sign /^ freestand02 ing sign per street frontage Direction4 4 4 4 4 4 4 No 214.07. al Signs numeric 03 limit Wall 3 ^ ^ ^ ^ ^ ^ 1 sign in 214.07. 04 Signs R-1, R-2, R-4, & S- 1 2 in M-1, M-2, M-3, M-4, & S- 3 & as 93 Jufn!6/ Institutio nal Signs 1 per wall in CR-1, C-1, C-2, & C-3 Window 40%* 40%* 40% 40% 40% 40% 40% 1 per 214.07. Signs window 05 (Percenta ge of Window Size) Permane32; as 32 48 80 80 80 80 1 per 214.07. nt Institutistreet 06 Freestanonal frontage ding Signs Signs only BillboardNo No No No 700 700 No No 214.07. s numeric 07 limit I-694 No No By By By By By 1 per 214.07. Corridor propepropepropepropepropefrontage 08 Signs rty rty rty rty rty size size size size size Tempora6 32 32 32 32 32 32 1 per 214.07. ry Signs property 09 in R-1, R- 2, R-4, & S-1 1 or -2 per street frontage in all other Districts Incidenta2 4 6 6 6 6 6 No 214.07. l Signs numeric 10 limit Static 32; as 48 48 48 48 48 48 1 per 214.07. Display Institutiproperty 11 Area onal Signage Signs Only 94 Jufn!6/ *Noncommercial signs only ^ Fifteen times the square root of the wall length where the sign is to be located 1. Area Gateway Signs are allowed under the following parameters: (a) Maximum of one aArea gGateway sSign per development. The development shall must include at least six parcels or two acres of land, whichever is less, and all properties that comprise the area shall must consent to the placement of the aArea gGateway sSign. (b) The land upon which the sign is located musthas been dedicated for such a use by easement, plat or other legal and recordable instrument unless such sign would otherwise be permitted herein. (c) A maintenance agreement shall must be recorded which, among other things, provides for the long-term responsibility, care, and maintenance of such the sign. (d) Maximum height of 25 feet above the finished ground grade. (e) (d) Maximum sign area of 24 square feet in R-1, R-2, R-4, & S-1 Districts, 32 square feet in the R-3 District, 48 square feet in the CR-1 District, and 80 square feet in the C-1, C-2, C-3, M-1, M-2, M-3, M-4, & S-3 Districts. 2. Institutional Signs. (a) In the R-1, R-2, & S-1 Residential Districts, a property which contains a legal nonresidential institutional use authorized by issuance of a Special Use Permit may display the following iInstitutional sSigns under the following parameters: (1) Institutions may have one Ppermanent freestanding sign per street frontage area.s shall be allowed as follows: One per street frontage. (2) Maximum sign area of 32 square feet, or 80 square feet, if located a minimum distance of 50 feet from any neighboring residential property. (3) Maximum height of 25 feet above the finished ground grade. (2) (b) Institutions may have wWall sSigns shall be allowed as follows: (1) ((a)) Maximum of two walls per iInstitution. (2) ((b)) Maximum sSign aArea of 15 times the square root of the wall length on which the sSign is to be placed. 95 Jufn!6/ (3)(c) Institutions may have sStatic dDisplay aArea signs are shall be allowed as follows: (1) ((a)) One per street frontage.. (2) ((b)) Maximum size of 32 square feet. (db) In all other districts, iInstitutional sSigns shall may be allowed by dDistrict rRegulations for applicable sign type (e.g., wWall sSigns, pPermanent fFreestanding sSigns, or sStatic dDisplay Aarea rea sSigns). (ec) Sign pPermits are required for iInstitutional sSigns. 3. Directional Signs. (a) Directional signs are allowed under the following parameters: (a) (1) 1. Maximum sSign aArea of four square - feet. (b) (2) Minimum 20 feet in any direction between dDirectional sSigns placed on the same property. (c) (3) Sign pPermits are not required for dDirectional sSigns. 3.4. Wall Signs. (a) Wall signs are allowed under the following parameters: (1) 1. For residential properties in the R-1, R-2, R-4, & S-1 dDistricts, the mMaximum wWall sSign sSize is three square feet. (b) (2) 2. For pPermitted nNonresidential uUses in the R-1, R-2, & S-1 Residential Districts, a property which contains a legal nonresidential institutional use authorized by issuance of a Special Use Permit, two walls may display signs with a mMaximum sSign aArea of fifteen 15 times the square root of the wall length on which the sSign is to be placed, as illustrated in Exhibit 4 below: 96 Jufn!6/ Exhibit 4: Wall Sign Area (c) 3(3.) Wall signs with a mMaximum sSign aArea of fifteen (15) times the square root of the wall length on which the sSign is to be placed may be placed on a maximum of two walls of properties in the M-1, M-2, M-3, M-4, and S-3 Districts, as illustrated in Exhibit 4 above. (d)(4) 4. Wall signs with a mMaximum sSign aArea of fifteen (15) times the square root of the wall length on which the sSign is to be placed may be placed in the CR-1, C- 1, C-2, and C-3 Districts, as illustrated in Exhibit 4 above. ((e) 5.) Sign Permits are required for wWall sSigns. 4.5. Window Signs. (a) (a)Window signs are allowed under the following parameters: (1)1. Maximum sSign aArea of 40 percent% of the window area. (b) (2)2. In the R-1, R-2, R-3, R-4, & S-1 Districts, nNoncommercial wWindow sSigns are allowed. (c) 3. (3) Sign pPermits are not required for wWindow sSigns. 5.6. Permanent Freestanding Signs. (a) (a) Permanent freestanding signs are allowed under the following parameters: 97 Jufn!6/ (1) Maximum of one sSign per street frontage, not including dDirectional sSigns, bBillboards, Interstate 694 primary signs and Interstate 694 secondary signs. (2) (b) Maximum height of 25 feet above the finished ground grade. (c)(3) Minimum distance of 50 feet from any R-1, R-2, R-4, & S-1 Rresidential District. (d) (4) Maximum size of 32 square feet as Institutional Signs in the R-1, R-2, R-4, & S-1 Districts; 32 square feet in the R-3 District; 48 square feet in the CR-1 District; and 80 square feet in the C-1, C-2, C-3, M-1, M-2, M-3, M-4, & S-3 Districts. (e)(5) May have an electronic changeable message provided that the: (a1) Message does not change more than once every eight seconds. (b2) Message shall never flashes or hasve motion that may distract vehicular traffic. (c3) Light level shall does not exceed three tenths of a 3-foot candles above ambient light as measured from 250 feet. (f)(6) Sign pPermits are required for pPermanent fFreestanding sSigns. 6.7. Billboards. (a) Billboards are Shall be permitted in the C-3, M-1, & M-2 Districts on real property adjoining the public rights-of-way of the Interstate Highway 694 Corridor and must follow the following parameters: . (b) (1) Maximum height of 35 feet above the finished ground grade. (c) (2) Minimum vertical distance between the bottom of the bBillboard and the ground isof 10ten feet. (d) (3) NShall not to exceed two sSign fFaces. (e) Billboards with two sSign fFaces mustshall have the sSign fFaces attached back-to-back at a horizontal angle not to exceed 45 degrees. (f) Distances and Setbacks. (1)(4) Minimum of 1,000 feet linear between bBillboards located on the same side of the public right-of-way. Distance shall must be measured along the centerline of the right- of-way. 98 Jufn!6/ (2) (5) Minimum of 2,500 linear feet between bBillboards located on the same side or the opposite side of the public right-of-way that have an electronic changeable message. Distance shall must be measured along the centerline of the right-of-way. (3)(6) Minimum of 30 feet from any property line abutting a public right-of-way. (4)(7) Minimum of ten (10) feet from any other property line. (5)(8) Minimum of 500 feet from any street, ramp, or merging traffic. (6)(9) Minimum of 500 feet from any residential or public zoning diDistrict. (g) (10) The sSign sStructure shall must be all metal or another durable material and be either painted or treated to prevent deterioration. (h) (11) Any lighting will must be shielded to prevent beams or rays of light from being directed at any portion of the traveled way of the public rights-of-way, shall may not be of such intensity or brilliance as to cause glare or to impair the vision of any motor vehicle operator, shall may not otherwise interfere with any driverÔs operation of a motor vehicle, and shall may not create a nuisance on adjoining property. (i)(12) Billboards shall may be in addition to, and not in lieu of, pPermanent fFree- sStanding sSign allowances. (j)(13). Sign pPermits are required for bBillboards. 7.8. Interstate 694 Corridor Signage. (a) Interstate 694 Corridor signage is allowed under the following parameters: (1) Maximum of one Interstate 694 primary sign per property zoned CR-1, C-1, C-2, C- 3, M-1, M-2, M-3 and S-2 and located within 275 feet of the centerline of Interstate 694. (b) (2) Where the property abuts a second public right-of-way, the property shall may also be allowed an Interstate 694 sSecondary sSign on the frontage adjacent to the second public right-of-way. (c) Height. (1) (3)For Interstate 694 pPrimary sSigns may be up to: 35 feet above the finished ground grade. 99 Jufn!6/ (2) For(4) Interstate 694 sSecondary sSign may be up tos: 25 feet above the finished ground grade. (d) Maximum Sign Area. (1) (5) For Interstate 694 pPrimary sSigns,: maximum sSign aArea is determined by the acreage class of the development. The following chart determines the maximum sSign aArea: Acreage Class Sign Size Permitted 35 acres + 500 square feet 10-35 acres 240 square feet 1-10 acres 120 square feet Less than one acre 80 square feet Allowed size by parcel is shown in Exhibit 5/Appendix A below: Exhibit 5: I-694 Signage 9: Jufn!6/ (2)(6) For Interstate 694 sSecondary sSigns may have a: maximum sSign aArea of 40 square feet. The maximum sSign aArea can be increased up to 80 square feet if the sSign aArea of the Interstate 694 pPrimary sSign is reduced by the equivalent number of square feet (e.g., if the Interstate 694 sSecondary sSign is 72 square feet, the maximum sSign aArea of the Interstate 694 pPrimary sSign is reduced by 32 square feet).. (e) Setback and Location. (7) (1) Interstate 694 Corridor sSignage is subject to all setback requirements for pPermanent fFree-sStanding sSigns within the District. (8) (2) Interstate 694 pPrimary sSigns must be located within the Interstate 694 Corridor. (3)(9) Interstate 694 sSecondary sSigns must be located on frontage adjacent to a public right-of-way intercepting Interstate 694. (f)(10) Interstate 694 primary sign and Interstate 694 secondary signs shall may be in addition to, and not in lieu of, permanent free-standing sign allowances. (g)(11) Interstate 694 pPrimary sSigns and Interstate 694 sSecondary sSigns are subject to all restrictions for pPermanent fFree-sStanding sSigns within the District not in conflict with this subsection. (h)(12) Sign pPermits are required for Interstate 694 Corridor sSigns. 8.9. Temporary Signs. (a) Free-Sstanding tTemporary sSigns may be placed on sidewalks during the hours that the property placing the tTemporary sSign is open to the public under the following parameters: (1) The sign must be is located immediately in front of the entrance of the property placing the temporary sign. (2) The sign Sign does notmust notcannot violate the Americans with Disabilities Act or otherwise prohibit or impede pedestrian or vehicular traffic. (3) AShall be limit ofed to one sign per property in the R-1, R-2, R-4, & S-1 Districts and one per street frontage in all other Districts, except properties with more than 100 linear feet of street frontage may have two temporary signs per street frontage exceeding 100 linear feet. (c) (4) Maximum size of six 6 square feet in the R-1, R-2, R-4, & S-1 Districts and 32 square feet in all other Districts.(d) :1 Jufn!6/ (5) Sign pPermits are not required for tTemporary sSigns in the R-1, R-2, R-4, & S-1 Districts. Sign pPermits are required for tTemporary sSigns in other Districts. 10. Incidental Signs. (a) Incidental signs are allowed under the following conditions: (1)(a) Signs mMust be oriented or so designed sothat the sign message is not legible off the premises where the sSign is displayed. (2)(b) The sSign must be accessory to the use(s) on the property on which it is located. (3)(c) Maximum size of two2 square feet in the R-1, R-2, R-4, & S-1 Districts, four4 square feet in the R-3 District, and six6 square feet in all other Districts. (4) (d) A sSign pPermit is not required for incidental signs. 11. Static Display Area Signage. (a) (a)Static display area signnage is allowed under the following parameters: (1) A manual cChangeable mMessage may comprise up to 50% of the sStatic dDisplay aArea sSignage. (2)(b) SignsM may not include an eElectronic cChangeable mMessage. (3)(c) Signs mMay not be internally illuminated. (4)(d) A mMaximum height of six feet for freestanding sStatic dDisplay aArea Ssignage. (5)(e) A mMaximum size of 32 square feet as Institutional Signs in the R-1, R-2, R-4, & S- 1 Districts and 48 square feet in all other Districts. (6)(f) One sStatic dDisplay aArea sSignage installation is allowed per street frontage. (7)(g) Legal nNonconforming rReal eEstate sSigns and cConstruction sSigns established prior to the effective date of this Chapterordinance shall will be included in a propertyÔs allowance for sStatic dDisplay aArea sSigns. (8)(h) Static dDisplay aArea sSignage shall will be allowed in addition to other freestanding or wall signs for a property. :2 Jufn!6/ 214.08 Sign ErectorsÔ License Requirements No person, firm, or corporation shall engage in the business of erecting, altering, constructing, moving, or removing pPermanent fFree-sStanding sSigns under this Chapter unless a licensed to do so has been approved by the City. The annual license fee and expiration date shall be as provided in Chapter 11 of the City Code. A license is not required for changes to an existing sSign in a way not constituting an aAlteration. 214.09 Existing Signs 1. Sign Maintenance. (a) The Sign Structures and surfaces of all s Signs shall be maintained in a safe and presentable condition at all times, including the replacement of defective parts, painting, repainting, cleaning, and other acts required to prevent the sSign and/or Sign Structure from becoming unsafe or hazardous. (b) When any pPermanent sSign erected pursuant to a sSign pPermit is removed, the City shall be notified, and the entire sSign shall be removed. 2. Nonconforming Signs. Nonconforming signs shall be treated like other nonconforming uses and structures as for provided in City Code § 205.04.3, or as otherwise specified Minnesota Statutes. as may be amended from time to time. However Nonconforming Signs may not be continued if the Sign is abandoned. 3. Public Nuisance. (a) The following are deemed to be public nuisances: (1) Electronic sSigns which are non-working, have burnt out bulbs, or incoherent messages, or are malfunctioning. (2) Signs which have an incoherent message or missing characters. (3) Signs that due to defective parts or lack of maintenance are deemed unsafe or hazardous. (4) Signs that are dilapidated or damaged. (5) Abandoned sSigns. (6) Obsolete sign copy that has not been covered or removed within 30 days after written notification from the City. :3 Jufn!6/ (7) Signs in violation of this Chapter, including but not limited to, those posted without a necessary sSign pPermit, sSigns in excess of number limitations, sSigns exceeding size limitations, sSigns in violation of setback and location requirements, sSigns impeding pedestrian or vehicular traffic, signs with Cchangeable Mmessages changing more quickly than allowed, eElectronic sSigns exceeding luminance levels, and sSigns that otherwise are a menace to the general health, safety, and welfare of the public. (b) If the City determines a sSign is a public nuisance, the City may proceed in accordance with Section § 214.12 of this Chapter and may bill the costs of enforcement to the property owner. 214.10506.08 Multiple Use Non-Residential Buildings 1. All owners of multiple use non-residential buildings containing three or more non-residential units, if they have not already done so, must submit a comprehensive sSign pPlan to the City Manager or their designee for approval. 2. All future sSigns erected within the multiple use non-residential building shall must conform to the conditions of the sSign pPlan. 3. Existing sSigns within the multiple use non-residential building which do not meet the requirements of this Chapter and/or sSign pPlan are, shall be defined as a Nnonconforming sSigns and shall will be subject to the restrictions set forth in the ÑNonconforming SignsÒ Section£ 214.09.02 of this Chapter. 214.11506.09 Enforcement The City Manager or their designee shall beis responsible for the enforcement of this Chapter. 214.12506.10 Violations 1. Any sSign that which is unsafe, appears unkempt or neglected, has been constructed or erected in violation of the City Code, is a hazard to the health, safety, and/or general welfare of the public, or is in violation of any other section of the City Code is hereby declared to be a nuisance and to be in violation of this Chapter. 2. Any person who has erected a sSign without securing the necessary first obtaining a sSign pPermit prior to erection, shallwill be, when subsequently securing such sSign pPermit, be required to pay an investigation fee equal to the sSign pPermit fee and is are shall be subject to all other penal provisions of this City Code. 3. Notice of violations, hearings, and abatement shall will be governed by the provisions in City Code Chapter 128 providing for the abatement of nuisances. Copies of the notice shall will be mailed to the property owner. Administrative assessments and penalties may be assessed as provided in Chapter 11Fee Chapter to the property owner. :4 Jufn!6/ 4. Nothing in this Section or in City Code Chapter 128the Abatement of Exterior Public Nuisances Chapter shall will be deemed to prevent the City from seeking other relief and penalties, including but not limited to, criminal penalties. 214.13 Penalty Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 and Chapter 11 of the City Code. Each day the violation continues in existence shall be deemed a separate violation. 214.14506.11 Appeals 1. To provide for a reasonable interpretation of the provisions of this Chapter, any owner, tenant, applicant, or any other person or business aggrieved by any order, requirement, decision, or determination made by the City or its representatives in the enforcement and interpretation of this Chapter may request a hearing before the Planning Commission. Appeals shall will be governed by the procedure in City Appeals section of the Zoning chapters of the Code § 205.07. 2. Any owner, tenant, applicant, or any other person or business aggrieved by a final decision of the Planning Commission, pursuant to the procedure in City Code § 205.07the Zoning Chapter may seek judicial review within 30 days after the final decision. 214.15506.12 Noncommercial Speech Substitution Signs containing nNoncommercial sSpeech are permitted anywhere that sSigns containing cCommercial sSpeech are permitted, subject to the same regulations applicable to such sSigns. 214.16506.13 Variances Variances to the strict application of this Chapter may be granted under the provisions established under City Code § 205.05.6. Zoning: Variancesthe Variance requirements of the Zoning chapters of the Code. 214.17506.14 Severability If any subsection, sentence, clause, or phrase of this section is for any reason held to be invalid by a court of competent jurisdiction, such decision shall will not affect the validity of the remaining portions of this section. The City Council hereby declares that it would have adopted this Chapter and section in each subsection, sentence, clauseclause, or phrase thereof, irrespective of the fact that any one or more subsections, sentences, clauses, or phrases be declared invalid. :5 Jufn!6/ Section 8 That the Fridley City Code Chapter 220, Residential Rental Property Maintenance and Licensing Code, be hereby amended as follows: Fridley City Code Chapter 220.507. Residential Rental Property Maintenance and Licensing Code 220.01. Title This Chapter shall be referred to as the "Residential Rental Property Maintenance and Licensing Code". 220.02. 507.01 PreamblePurpose The City of Fridley (City) believes that providing for public health, safety, and welfare to its citizens mandates the existence of a rental property licensing and maintenance program which corrects substandard conditions and maintains a standard for rental property. This Chapter establishes licensing, inspection and maintenance requirements for rental dwellings. 220.03. 507.02 Scope Except as provided herein, this Chapter applies to all buildings which are rented in whole or in part as a dwelling for to persons other than the property owner. It includes all accessory -structures such as garages and storage buildings, and appurtenances such as sidewalks and retaining walls, which are on the lot where the rental property is located. 220.04. Purpose This Chapter establishes licensing, inspection, and maintenance requirements for rental dwellings. 220.05. Discrimination and Private Contracts This Chapter shall be enforced in a non-discriminatory manner and exclusively for the purpose of promoting public health, safety and welfare. The City neither expressly nor by implication assumes any obligations or liabilities respecting such private rights or disputes, including those which involve or arise out of the nonconformity of any premises in the City to the provisions of this Ordinance. Nothing in this Ordinance precludes a Licensee from entering into a contract for the maintenance, repair, or management of a rental dwelling; in such cases, however, Licensee will still be held responsible to ensure the condition of the property conforms with this Chapter. 220.06. 507.03 Definitions :6 Jufn!6/ For the purpose of this Chapter, certain terms and words are defined. Words not specifically defined in this Chapter shall have their ordinary meanings within the context with which they are used. The referenced dictionary of the governing Minnesota State Building Code shall will be considered as providing ordinarily accepted meanings. Whenever the words "Dwellings", "Dwelling Unit", "Building", "Structure", or "Premises" are used in this Chapter, they shall will be construed as though they were followed by the words, "or any part thereof.Ò The following words, terms, and phrases and their derivatives shall be construed as defined in this section; words used in the singular include the plural and the singular; words used in the masculine gender include the feminine and vice versa. 1. Accessory Structure or Use: A subordinate building or use which is located on the same lot as principal building or use and is which is necessary or incidental to the conduct of the principal building or use. 2. Approved. Approved as to construction, installation, and maintenance in accordance with all applicable codes and state statutes. 3. Basement: That portion of a building between floor and ceiling which is partly below grade, but so located that the vertical distance from grade to floor below is more than the vertical distance from grade to ceiling. 4. Bedroom: A habitable room within a dwelling unit which is used, or intended to be used, primarily for the purpose of sleeping, but shall not to include any kitchen or dining area. 5 Building: Any structure having walls and a roof, built for the shelter or enclosure of persons, animals, or property of any kind. 6. Clean. The absence of rubbish, garbage, vermin, and other unsightly, offensive, or extraneous matter. 7. Compliance Official: The designated authority charged with the administration and enforcement of the Fridley City Code (Code)this code, or his/hertheir duly authorized representative. 8. Condominium: A building containing multiple dwellings in which portions are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of theose separate dwellings portions. A building containing multiple dwellings is not a condominium unless the undivided interests in the common elements are vested in the unit owners. 9. Dwelling: A building or one or more portions of a building occupied or intended to be occupied for residential purposes. :7 Jufn!6/ 10. Dwelling, Multiple: A building or one or more portions of a building occupied or intended to be occupied for residential purposes by two (2) or more individuals or families with separate living units independently of each other. 11. Dwelling, One-Family: A detached building designed exclusively for occupancy by one (1) individual or family. 12. Dwelling, Two-Family: A detached building designed exclusively for occupancy by two (2) individuals or families with two (2) separate living units independently of each other. 13. Dwelling Unit: A single unit meant to provideing complete independent living facilities for one (1) or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation. 14. Easily Cleanable: Readily accessible and of such material and finish, and so fabricated and placed that residue which may accumulate can be completely removed by normal cleaning methods. 15. Electrical System. Any and all methods of transmitting electricity to and within any dwelling or dwelling unit. 16. Exit. A continuous and unobstructed means of egress to a public way and shall include intervening doors, doorways, corridors, ramps, stairways, smoke-proof enclosures, horizontal exits, exit passageways, exit courts, and yards. 17. Extermination: The control and elimination of insects, rodents, or other pests by eliminating their harborage places,; by removing or making inaccessible materials that may serve as their food,; by poisoning, spraying, fumigating, or trapping, or by any other recognized or legal pest elimination methods approved. 18. Family 1. An individual or two or more persons legally related by blood, marriage, domestic partnership, or adoption, including foster children, in a linear relationship such as spouses, grandparents, parents, children, grandchildren and siblings. B. 2. A group of not more than five (5) persons not related by blood, or marriage, domestic partnership, foster care, guardianship, or adoption living together in a dwelling unit. 19. Floor Area, Gross: The sum of the gross horizontal area of the several floors of a structure or structures measured from the exterior faces and exterior walls or from the center line of common :8 Jufn!6/ walls separating dwelling units. Basements devoted to storage and/or off-street parking shall may not be included. 20. Functioning. In such physical condition as to safely perform the service or services for which an item is designed or intended. 21. Governing Building Code. The applicable edition of the Minnesota State Building Code. 22. Habitable Room: A room or, enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes,; excluding bathrooms, water closet compartments, laundries, furnace rooms, unfinished basements, pantries, utility rooms, foyers, communicating corridors, stairways, closets, storage spaces, and attics. 23. Heated Water. Heated water supplied to plumbing fixtures at a temperature of not less than 110 degrees Fahrenheit. 24. Heating, Ventilating and Air Conditioning Systems. Any and all units, equipment, material, and miscellaneous devices used in the process of heating, ventilating, and air conditioning of any dwelling or dwelling unit. 25. Infestation: The presence within or around a dwelling or dwelling unit of an unusually large number ofy insects, rodents, vermin, or other pests causing damage or distress to the occupants of the dwelling. 26. International Building Code (I.B.C.): Shall mean tThe code published by the International Code Council, Inc., and any materials referenced therein. 27. Kitchen. A habitable room within a dwelling unit intended to be used for the cooking of food or the preparation of meals. 28. Let, Operate or Rent: To permit possession or occupancy of a dwelling or dwelling unit, whether or not compensation is paid, by a person who is not the legal owner of the dwelling unitrecord thereof, pursuant to a written or unwritten lease. 29. Licensee: The owner of property licensed as a rental dwelling pursuant to this Chapter. :9 Jufn!6/ 30. Living Room. A habitable room within a dwelling unit which is intended to be used primarily for general living purposes. 31. Lodging House. Any building or portion thereof containing not more than five (5) guest rooms where rent is paid in money, goods, labor, or otherwise. 32. Maintenance. To keep in a good state of repair; to preserve from deterioration. 33. Non-combustible. Any material or a combination of materials which complies with the current version of the Minnesota State Building Code, including the most recent adopted version of the International Building Code and International Residential Code incorporated therein by reference. 34. Non-resident Owner. An owner of a rental dwelling who does not reside or live in the rental dwelling. 35. Nuisance. A nuisance shall be any act as defined in Chapter 110 of the City Code. 36. Occupancy: The purpose for which a structure, or part thereof, is used or intended to be used. 37. Occupant: Any person residing in a dwelling or dwelling unit. 38. Operator, Manager, Caretaker, or Agent: Any person who has charge, care or control of a structure, or part thereof, in which rental dwelling units are let. 39. Owner: Any person, firm, corporation, or agent who alone, jointly or severally with others having a legal or equitable interest in the property or recorded in the official state, county or city records has holding title to the property or otherwise having control of the property. 40. Person: An individual, corporation, firm, association, company, partnership, organization, or any other legal entity. 41. Plumbing System: All of the following supplied facilities and equipment in a dwelling: gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closets, :: Jufn!6/ sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, vents, and any other similar fixtures and the installation thereof, together with all connections of water, sewer, or gas lines. 42. Premises: A platted lot or portion thereof or an unplatted parcel of land and adjacent right-of-way either occupied or unoccupied by a building and/or accessory structure. 43. Property. All land and structures and systems therein, platted lots or parts thereof or an unplatted parcel of land. 44. Proper Connection to an Approved Sewer System. A functioning sewer connection free from defects, leaks or obstructions with sufficient capacity to drain all fixtures or appliances which feed into it. The sewer system must be capable of disposing of sewage in a safe, sanitary, and adequate manner. 45. Proper Connection to an Approved Water System. A functioning plumbing connection free from defects, leaks or obstructions providing a potable, controllable flow of water. 46. Public Areas. Those areas which are normally used by or open to the general public, regardless of access restriction by a locked exterior door. 47. Reasonable Care. The treatment of all facilities, fixtures, equipment, and structural elements such that depreciation of these objects and materials is due to their age and normal wear rather than due to neglect. 48. Refuse: Any solid or liquid waste products or those having the character of solids rather than liquids in that they will not flow readily without additional liquid and which are composed wholly or partly of such materials as garbage, swill, sweepings, cleanings, trash, rubbish, litter, industrial solid wastes or domestic solid wastes, organic wastes or residue of animals sold as meat, fruit or other vegetable or animal matter from kitchens, dining rooms, markets, or food establishments of any places dealing in or handling meat, fowl, grain or vegetables; offal, animal excrete or the carcass of animals; tree or shrub trimmings; grass clippings, brick, plaster or other waste matter resulting from the demolition, alteration or construction of buildings or structures; accumulated waste materials, cans, containers, tires, junk; or other such substance which may become a nuisance. 211 Jufn!6/ 49. Rental Dwelling or Rental Dwelling Unit: A dwelling or dwelling unit and accessory structure (if any) let for rent or lease. The term rental dwelling shall will include all dwelling units located within the rental dwelling. 50. Repair. To restore to a sound and acceptable state of operation, serviceability or appearance in the determination of the City. 51. Retaining Wall: A wall or structure constructed of stone, concrete, wood, or other materials used to retain soil, as a slope transition, or edge of a planting area. 52. Rodent Harborage: Any place where rodents live, nest, or seek shelter. 53. Rodent -Proof: A condition where a structure or any part thereof is protected from rodent infestation by eliminating ingress and egress openings such as cracks in walls and holes in screens. For the purpose of this Chapterordinance, the term "rodent-proof" shall may be construed as though it included "insect-proof" and "vermin-proof.Ò 54. Safe. The condition of being free from danger and hazards which may cause accidents or disease. 55. Story. That portion of a building included between the upper surface of any floor and the upper surface of the next floor above it; if there is no floor above it, the space between the floor and the ceiling above it. A basement is a story for the purposes of height regulations if one-half (1/2) or more of the basement height is above the level of the adjoining ground. 56. Structure: Anything constructed or erected which requires location on or under the ground or attached to something having location on or under the ground. 57. Unsafe: As applied to a structure, a condition or combination of conditions which are dangerous or hazardous to persons or property. 58. Unsanitary. Conditions which are dangerous or hazardous to the health of persons. 59. Use. The purpose for which land, a building, or structure is or is to be used or occupied, and shall include the performance of such activity as defined by the performance standards of this Chapter. 212 Jufn!6/ 60. Water Closet: A toilet, with a bowl and trap made in one piece, which is connected to the City water and sewer system or other approved water supply and sewer system. 61. Yard: All ground, lawn, court, walk, driveway, or other open space constituting part of the same premises and on the same lot with a main building. 220.07. 507.04 Responsibility of Owners The owner of a dwelling or dwelling unit shall beis responsible for the maintenance of theat structure and for meeting the provisions of this Chapter. Those These responsibilities may not be abrogated by a private agreement. 220.08. 507.05 Joint Responsibilities of Occupants and Owners 1. No owner, operator, or occupant of any dwelling unit shall should allow the accumulation or formation of dirt, filth, refuse, or rodent harborages on the premises which they occupy or controls in a manner that could create a health hazard to the dwelling occupants or the general public. 2. Nuisances: No owner, operator, or occupant of any dwelling unit shall may allow the formation or presence of any nuisances in or about on the premises he/shethey occupyies or controls. 3. Conduct on licensed premises: Every owner, operator, or occupant of any dwelling unit shall conform to the provisions of Section 220.14 of this Chapter. 220.09. 507.06 Removal of Equipment and Discontinuance of Basic Services No owner, operator, or occupant shall may cause any service, utility, facility, or equipment which is required under this Chapter, to be removed from or shut off from any occupied dwelling or dwelling unit except for such temporary interruptions as may be necessary while during actual repairs or alterations are in process or during temporary emergencies. 220.10. 507.07 Minimum Standards for Principal Structures 1. Minimum Exterior Standards (a) Foundations, exterior walls, and roofs: The foundation, exterior walls, and exterior roof shall must be water- tight, rodent proof, and shall be kept in sound condition and repair. Every window, exterior door, and hatchway shall must be substantially tight and shall must be kept in sound condition and repair. The foundation shall must adequately support the building at all points. Exterior walls shall must be maintained and kept free from dilapidation by cracks, tears, or breaks or from deteriorated plaster, stucco, brick, wood, or other material 213 Jufn!6/ that is extensive and gives evidence of long neglect. The protective surface on exterior walls of a building above ground level shall must be maintained in good repair so as to provide a sufficient covering and protection of the structural surface underneath against its deterioration. Without limiting the generality of this section, a protective surface of a building shall will be deemed to be out of repair if: The protective surface is paint which is blistered to an extent of more than twenty-five percent (25%) of the area of any plane or wall or other area including window trim, cornice members, porch railings, and other such areas; More than ten percent (10%) of the pointing of any chimney or twenty-five percent (25%) of the pointing of any brick or stone wall is loose or has fallen out. (3) More than twenty-five percent (25%) of the finish coat of a stucco wall is worn through or chipped away. Any exterior surface or plane required to be repaired under the provisions of this section shall must be repaired in its entirety. If a weather resistant surface such as brick, plaster, or metal is covered with paint that is more than twenty-five percent (25%) blistered, it shall must be repainted unless the defective paint covering is removed in its entirety. (b) Accessory Structure Maintenance. Accessory structures supplied by the owner, operator, or occupant on the premises of a dwelling shall must be structurally sound, and be maintained in good repair and appearance. Exterior walls, foundations, roofs, and exits of an accessory structures shall must be maintained in accordance with the standards set forth for principal structures. (c) Fence Maintenance. Fences shall must be maintained in good condition both in appearance and in structure. Wood material, other than decay resistant varieties, shall must be protected against decay by use of paint or other preservatives. If twenty-five percent (25%) or more of the painted surface of a fence is determined by the Compliance Official to be paint blistered, the surface shall must be properly scraped and repainted. (d) Retaining Walls. Retaining walls shall must be kept in good condition, repair, and appearance. A retaining wall shall will be deemed out of repair when it has substantially shifted or slumped out of its original design position. (e) Yard Cover. All exposed areas surrounding (or within) a principal or accessory use, including street boulevards which are not devoted to parking, drives, sidewalks, patios, or other such uses, shall must be landscaped with grass, shrubs, trees, or other ornamented landscape material and shall must be maintained to prevent erosion from wind and/or water runoff. Such landscaping shall must be maintained in good condition and free of noxious weeds. Grass and weeds may not exceed ten (10) inches in height at any time. 214 Jufn!6/ (f) Gutters and Downspouts. Existing gutters, leaders, and downspouts shall must be maintained in good working condition as to provide proper drainage of storm water. In no case shall may storm water be channeled into the sanitary sewer system. Neither shallIn no case may storm water, ice, or snow be directed into, or channeled across walkways or streets where it is likely to be a hazard to life or health. (g) Exterior Lighting. For multiple family dwellings, all exterior parking areas shall must be provided with an average, maintained, horizontal illumination of six-tenths (0.6) foot candles. Parking lot illumination shall may not be directed onto a public street or adjoining property. (h) Snow and Ice Removal. The owner of a dwelling containing two (2) or more dwelling units shall beis responsible for cleaning and maintaining all walks, drives, and parking areas, and keeping steps free of any ice or any snow accumulations of two or more inches within 24 hours of the storm's completion. (i) Driving and Parking Areas. The owner of a multiple family dwelling or dwellings shall is be responsible for providing and maintaining in good conditionall paved and delineated parking areas and driveways in good condition for occupants consistent with the City Code. (j) Facilities for Storage and Disposal of Refuse. Every owner of a residential property shall isbe responsible for providing and maintaining facilities for the storage and disposal of refuse and for arranging for the collection of refusethis material as required by the City Code. (k) Grading and Drainage. Every yard, court, or passageway on a rental propertythe premises on which a dwelling stands must be maintained in a way to prevent the excessive accumulation of standing water which constitutes a detriment to the health and safety of the occupants or the general public. 2. Minimum Plumbing Standards. All plumbing systems in every dwelling unit and in all shared or public areas shall must be properly installed and maintained in a sanitary, safe, and functioning condition, and shall must be properly connected to an approved sanitary system. (a) Every fixture, facility, or piece of equipment requiring a sewer connection shall must have a functioning connection, free from defects, leaks, or obstructions, and shallmust possess sufficient capacity to drain all other fixtures, facilities, or pieces of equipment which feed into it. The sewer system must be capable of conveying all sewage into the municipal sanitary sewer system. (b) Every fixture, facility, or piece of equipment requiring a water connection shall must have a functioning connection, free from defects, leaks, or obstructions. Each water connection shall must possess sufficient capacity to adequately supply all fixtures, facilities, or pieces of equipment to which connected with an uncontaminated, controllable flow of water. 215 Jufn!6/ 3. Minimum Electrical Standards. Every dwelling unit and all public and private areas shall must be supplied with electric service, functioning and safe circuit breakers or fuses, electric outlets, and electric fixtures which are properly installed and maintained in a safe working condition. The minimum capacity of such electric service and the minimum number of electric outlets and fixtures shall beare as follows: (a) Dwellings containing one or two dwelling units shall must have at least the equivalent of sixty (60) ampere, electric service per dwelling unit; (b) Dwelling units shall must have at least one fifteen (15) ampere branch electric circuit for each six hundred (600) square feet of dwelling unit floor area; (c) Every habitable room shall must have at least one floor or wall-type electric convenience outlet for each sixty (60) square feet or fraction thereof of total floor area, and in no case less than two such electric outlets. Temporary wiring, extension cords, or drop cords shall may not be used as permanent wiring. In cases where more than two outlets are required, one ceiling or wall-type light fixture may be substituted for one required outlet. Required outlets shallmust, insofar as possible, be spaced equal distances apart; (d) Every water closet compartment, bathroom, kitchen, laundry room, and furnace room shall must contain at least one supplied ceiling or wall-type electric light fixture and every bathroom and laundry room shall must contain at least one electric convenience outlet; (e) Every public hall and stairway in every multiple family dwelling shall must be adequately litghted by natural or electric light at all times, so as to provide illumination having an intensity of not less than one foot candle at floor level to all parts thereof. The lights in the public halls and stairways of dwellings containing not more than two dwelling units may be controlled by conveniently located switches instead of full-time lighting; (f) A convenient switch for turning on a light in each dwelling unit must shall be located near the principal point of entrance to such unit. A patio door entrance may be exempt if it is not a principal entrance;. (g) If provided, exterior electrical outlets must shall be weather proofed. No electrical drop cords, extension cords, or electrical wires shall may extend across a walkway or driveway, or otherwise create a hazard to pedestrians or vehicles. 4. Minimum Heating Standards (a) All dwellings must have primary heating facilities which are properly installed and maintained in a safe, efficient working condition and which can maintain a minimum indoor temperature of not less than 68 degrees F at a point three feet above the floor in all habitable rooms, bathrooms and water closet compartments in every dwelling unit location therein, 216 Jufn!6/ pursuant to Minnesota Statute (M.S.) § 216B.096, commonly referred to as the Minnesota Cold Weather Rule. (b) Gas or electric appliances designed specifically for cooking or water heating purposes, and portable heating equipment, shall are not be considered primary heating facilities for the purposes of this Section. C. No owner or occupant shall install, operate, or use a heater employing a flame that is not installed and maintained in accordance with the manufacturerÔs specifications and applicable City and State Codes. (d)(c) Whenever the occupant lacks direct control over the primary heating facility to his/hertheirier dwelling unit, it shall beis the responsibility of the owner to maintain minimum heating standards as set forth above. 5. Water Heating Standards: Every dwelling unit must shall have supplied water heating facilities which are installed in an approved manner, properly maintained, and which are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub, shower, and laundry facilities, or other similar units at a temperature of not less than one hundred ten degrees (110 degrees) Fahrenheit, forty-six degrees (46 degrees) Celsius, at any time needed. Water temperatures shall must comply with but not exceed the standards stipulated in the most recently adopted Minnesota Energy Code. 6. Minimum Natural Light and Ventilation Standards: Every habitable room must shall have window area of no less than eight percent (8%) of the floor area and at least one window facing directly outdoors which can be opened easily. At minimum, the total openable window area of every habitable room shall must be four percent (4%) of the floor area of the room, and in no case less than four (4) square feet. In lieu of natural ventilation, a mechanical ventilating system may be provided which is capable of providing two air changes per hour, with twenty percent (20%) of the air supply taken from the outside. Every bathroom and water closet compartment shall must have at least fifty percent (50%) of the openable window requirement otherwise appropriate for the floor area, except that no windows shall may be required if such rooms are equipped with an exhaust fan connected directly to the outside, capable of providing five (5) air changes per hour. For the purpose of determining light and ventilation requirements, any room may be considered as a portion of an adjoining room when one-half of the area of the common wall is open and unobstructed and provides an opening of not less than one-tenth of the floor area of the interior room or twenty-five (25) square feet, whichever is greater. Windows shall may not be required in kitchens of dwelling units when such kitchen has an opening of at least twenty (20) square feet into an adjoining habitable room and when such kitchen is provided with an approved mechanical ventilation system. In addition, the window area of the adjoining habitable room referred to above shall may be of sufficient size so as to provide for the light and ventilation requirements of the kitchen area as well as for said adjoining habitable room. 217 Jufn!6/ 7. Minimum Structural Standards (a) Floors, Interior Walls, and Ceilings. Every floor, interior wall, and ceiling must shall be adequately protected against the passage and harborage of vermin, rodents, and insects. Every floor must shall be free of loose, warped, protruding, or rotted flooring materials and all floor covering must shall be maintained in good condition. Every interior wall and ceiling must shall be free of holes and large cracks, loose plaster, and blistered paint and must shall be maintained in good condition. Lead based paints classified toxic to children must shall not be used on wall or molding surfaces. Every toilet room, bathroom, and kitchen floor surface must shall be easily cleanable and maintained in good condition. (b) Stairways, Porches, and Balconies. Every stairway, inside or outside of a dwelling, and every porch or balcony, must shall be kept in safe condition and sound repair. Every flight of stairs and every porch and balcony floor must shall be free of structural deterioration. Every stairwell and every flight of stairs which is more than three risers high must shall have at least one handrail approximately thirty to thirty-eight (30-38) inches high, measured vertically from the nose of the stair tread to the top of the handrail. All unenclosed floor and roof openings, open and glazed sides of landings and ramps, balconies or porches which are more than thirty (30) inches above grade or floor below, and roofs used for other than service of the building must shall be protected by a guardrail; guardrails must shall be not less than thirty-six (36) inches in height. Open guardrails and open stair railings on unenclosed stairways must shall have intermediate rails such that a sphere four (4) inches in diameter cannot pass through. Every handrail and balustrade shall must be firmly fastened and maintained in good condition. A flight of stairs which has settled out of its intended position, or pulled away from the supporting or adjacent structures enough to cause a hazard, must be repaired. No flight of stairs shall may have rotting, loose or deteriorating supports. Excepting spiral and winding stairways, the treads and risers of every flight of stairs shall must be uniform in width and height. Stairways must shall be capable of supporting loads that normal use may cause to be placed thereon. The minimum dimensions that will be accepted for existing stairways are as follows: rise not to exceed eight (8) inches in height, run of treads to be not less than nine (9) inches in depth. (c) Windows, Doors, and Screens. Every window, exterior door, and hatchway must shall be substantially tight and must shall be kept in sound condition and repair. Every window other than a fixed window or storm window, must shall be capable of being easily opened. Every window or other device with openings to outdoor space which is used or intended to be used for ventilation must shall be supplied with sixteen (16) mesh screens. All windows on basement and first floor levels must shall have proper locking devices to prevent opening from the outside. All doors and door and window frames must shall be free of blistered paint and shall must be maintained in good condition. All door and window hardware and locks must all be functional and be maintained in good condition. 218 Jufn!6/ (d) Safe Building Elements. Every roof, floor, every porch, and balcony, stairway, and every appurtenance thereto, must shall be safe to use and capable of supporting loads that normal use may cause to be placed thereon. (e) Access to Dwellings. Access to and egress from each dwelling must shall be provided by at least one doorway that is a minimum of thirty-six (36) inches wide and eighty (80) inches high and otherwise complies with the fire exit provisions of the City's Fire Code. (f) Minimum Ceiling Height. The ceiling height of any habitable room must shall be at least seven (7) feet; except that in any habitable room under a sloping ceiling, at least one-half of the floor area shall may have a ceiling height of at least seven (7) feet, and the floor area of that part of such a room where the ceiling height is less than five (5) feet shall may not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy. (g) Rooms Below Grade. A room located partly or wholly below grade may be used as a habitable room of a dwelling unit provided all of the requirements of this ChapterOrdinance are met. If a room below grade is used for sleeping purposes, an emergency escape or egress must be provided. Acceptable means of egress include: Escape or rescue window with a minimum net clear openable area of 5.7 square feet. The minimum net clear openable height dimension shall will be 24 inches. The minimum net clear openable width dimension must shall be 20 inches. The finished sill height shall may not exceed 44 inches above the floor. Exterior-type door or hatch meeting the same minimum requirements as specified in this Chapter220.10.07. (G). (I). (h) Door Locks and Security. All doors leading to public or shared areas from all dwelling units mustshall be provided furnished with a single cylinder deadbolt lock, which must be openable from the interior without the use of a key or tool. Deadbolt, night latch, or chain locks must be mounted at a height not to exceed 48Ò inches from the finished floor and a minimum of 34Ò inches from the finished floor. The deadbolt must be capable of being locked from the exterior of the unit. Manually operated flush bolts or surface bolts are not permitted. 8. Minimum Interior Standards (a) Kitchen Facilities. Every kitchen in every dwelling unit must shall include the following: (1) A kitchen sink in good working condition and properly connected to an approved water supply system. It must shall provide at all times an adequate amount of heated and unheated running water under pressure and be connected to an approved sewer system. 219 Jufn!6/ (2) Cabinets and/or shelves for the storage of eating, drinking, and cooking equipment and utensils, and of food that does not require refrigeration for safekeeping; and a counter or table for food preparation. Said cabinets and/or shelves and counter or table must shall be, adequate for the permissible occupancy of the dwelling unit and must shall be of sound construction furnished with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food. (3) A stove and a refrigerator which are properly installed with all necessary connections for safe, sanitary, and efficient operation. Provided that suchThe stove, refrigerator, or similar devices need not be installed when a dwelling unit is not occupied and or when the occupant is expectedhas agreed, in a written lease, to provide same the devices on occupancy, in which case sufficient space and adequate connections for the installation and operation of said stove, refrigerator, or similar devices must be provided. (b) Toilet Facilities. Within every dwelling unit, there mustshall be a nonhabitablenon habitable room with an entrance door which affords privacy to a person within said room. The room must be and which room is equipped with a flush water closet in good working condition. Said The flush water closet shall must be equipped with have easily cleanable surfaces, shall must be connected to an approved water system that at all times provides an adequate amount of running water under pressure to cause the water closet to be operated properly, and shall must be connected to an approved sewer system. (c) Lavatory Sink. Within every dwelling unit, there mustshall be a lavatory sink. Said The lavatory sink may be in the same room as the flush water closet, or if located in another room, the lavatory sink must shall be located in close proximity to the door leading directly into the room in which saidwhere water closet is located. The lavatory sink shall must be in good working condition, and shall be properly connected to an approved water system, and shall provide at all times an adequate amount of heated and unheated running water under adequate pressure, and shall must be connected to an approved sewer system. (d) Bathtub or Shower. Within every dwelling unit, there shall must be a non-habitable room which affords privacy to a person within said room and which is equipped with a bathtub or shower in good working condition. Said The bathtub or shower may be in the same room as the flush water closet, or in another room, and shall must be properly connected to an approved water supply system, and shall provide at all times an adequate amount of heated and unheated water under adequate pressure, and mustshall be connected to an approved sewer system. (e) Every bathroom and water closet compartment shall must have a least fifty percent (50%) of the openable window requirement otherwise appropriate for the floor area, except that no windows shall may be required if such rooms are equipped with an exhaust fan connected directly to the outside, capable of providing five (5) air changes per hour. 9. Minimum Standards for Pest Extermination 21: Jufn!6/ (a) All openings in the exterior walls, foundations, basements, ground or first floors, and roofs must shall be rodent-proofed in a manner approved by the Compliance Official. (b) All windows used or intended to be used for ventilation, all other openings, and all exterior doorways which might provide an entry for rodents and insects, must shall be supplied with adequate screens or such other devices as will effectively prevent the entrance of rodents and insects into the structure. (c) All sewers, pipes, drains, or conduits, and openings around such pipes and conduits shall must be constructed to prevent the ingress or egress of rodents and insects to or from a building. (d) Interior floors of basements, cellars, and other areas in contact with the soil shall must be rodent-proofed in a manner approved by the Compliance Official. (e) The owner or operator of a dwelling unit isshall be responsible for the extermination of rodents, insects, or other vermin on the premises. Anyone who controls is contracted to eliminate pests in a structure must have a pest control license. Anyone who uses a restricted use pesticide must have a pesticide license to apply pesticides, in accordance with the requirements of the Department of Agriculture. If proper heat treatments are being used to eradicate bed bugs and the heat treatment is performed by the owner of the property and they are not using pesticides and are not charging the renter for the treatment, no license is required by the Department of Agriculture. 10. Minimum Energy Standards. All dwellings which are renter occupied during all or a portion of the months of November through April must shall comply with the following weatherization requirements: (a) Install weatherstripping between exterior operable window sash and frames and between exterior doors and frames. Weatherstripping is not required on storm doors or storm windows. (b) Caulk, gasket, or otherwise seal accessible exterior joints between foundation and rim joist; around window and door frames; between wall and roof; between wall panels; at penetrations for utility services through walls, floors and roofs, and all other openings in the exterior envelope. (c) Install storm windows on all single glazed exterior window units enclosing conditioned space. (d) Install storm doors on all exterior door openings into conditioned spaces unless a single door, enclosed porch, vestibule, or other appurtenance provides a double door effect or provides an "R" value of two (2) or more. 221 Jufn!6/ (e) Install positive shut-offs for all fireplaces or fireplace stoves, unlessstoves unless an existing damper provides a positive shut-off. (f) Install insulation in accessible attics to achieve a minimum total "R" value of the insulation of R-19. If there is insufficient space for the installation of the recommended "R" value, then the available space must shall be insulated to capacity. (g) Install insulation in accessible walls and floors enclosing conditioned spaces to achieve a minimum total "R" value of the insulation of R-11 when there is no insulation in a substantial portion of the exterior walls or floors over an unconditioned space. Accessible walls shall may not include above grade foundation walls of basements. If there is insufficient space for the installation of the recommended "R " value, then the available space must shall be insulated to capacity. 11. Occupancy Standards. Notwithstanding any private agreements between the landlord and occupant providing for more restrictive occupancy standards, the maximum occupancy standards shall beare: (a) No more than one family shall may occupy a dwelling unit; and (b) The maximum number of occupants in any rental dwelling unit shall may not exceed the total of two times the number of bedrooms and the living room the following formula: number of bedrooms x 2 + 1= maximum occupancy. 220.11. 507.08 Hazards The following are considered immediate hazards to the health, safety, and general welfare of the occupants of a dwelling unit. 1. Heating systems that are unsafe due to burned out or rusted out heat exchangers (fire box); burned out, rusted out, or plugged flues; not being properlyimproper ventilationed; being connected with unsafe gas piping connection; or failureing to meet the minimum heating standards set forth in Section 220.10.04this Chapter. 2. Water heaters that are unsafe due to burned out or rusted out hbeat exchangers (fire box); burned out, rusted out or plugged flues; not being improperly ventilationed; being connected with unsafe gas piping connection; or lack of a properly installed and maintained temperature and pressure relief valve. 3. Electrical systems that are unsafe due to dangerous overloading; damaged or deteriorated equipment; improperly taped or spliced wiring; exposed uninsulated wires; distribution systems of extension cords or other temporary methods; or ungrounded systems or appliances. 222 Jufn!6/ 4. Plumbing systems that are unsanitary due to sewer backups; leaking waste system fixtures and traps; lack of water closet; lack of washing and bathing facilities; or cross connections of potable water supply and sewer lines. 5. Structural systems, walls, windows, chimneys, ceilings, roofs, foundations and floor systems that will nocannott safely carry imposed loads or provide safe living conditions. 6. Refuse, garbage, human waste, decaying vermin, or other dead animals, or other materials rendering it unsanitary for human occupancy. 7. Infestation of rodents, insects, vermin, and/or other pests. 8. Missing or non-functioning smoke detectors and carbon monoxide detectors. 9. Using a room or rooms with no proper egress for sleeping as a bedroom. 10. A dwelling unit that is not serviced with functioning utilities. 220.12. 507.09 Fire Safety 1. Fire Exits (a) All Pursuant to the Minnesota State Building Code, all dwellings shall must have required fire exits, maintained in fully operable condition, and readily accessible to occupant, as per the governing Building Code. (b) All exit stairways in multiple dwellings or condominiums which haveing more than two (2) occupied levels shall must be separated from each other by a substantial separation of at least a one-hour fire resistance rating as detailed in the most recent edition of the I.B.C., or other approved one hours assembly. (c) All multiple unit dwellings or condominiums having more than two (2) levels and where the lowest level is at an elevation less than grade and having the exit at grade level shall must provide a substantial barrier constructed and placed so as to prevent a person from proceeding down the stairs to a level lower than the level of exit. (d) All multiple unit dwellings or condominiums with 25 or more dwelling units must shall provide emergency lighting in the exit ways, corridors, and systems in accordance with Chapter 5-1021 of the N.F.P.A. Std. 101.standards of the National Fire Protection Association. 2. Automatic Alarms (a) All multiple dwellings and condominiums having an excess of four (4) dwelling units shall must provide a manually operated fire alarm system capable of alerting all the occupants of 223 Jufn!6/ the structure. Each such alarm system must shall be activated by a manual pull station located at each exit door and by an automatic device located in the utilities and/or room in which the primary heating system is located. Such devices must shall be a smoke detector, detecting products of combustion other than heat, and bearing the approval of the Underwriters Laboratories or Factory Mutuals Testing Service for such service, or the International Conference of Building Officials. (b) Every dwelling unit within a dwelling or condominium must shall be provided with a smoke detector, detecting products of combustion other than heat, and conforming to the requirements of the Underwriters, Laboratories or approved by the International Conference of Building Officials. When actuated, the detector must shall provide an alarm in the dwelling unit. 3. Fire Protection System. All fixed and portable fire protection systems and appliances must be accessible and maintained for immediate emergency use. 4. Prohibiting Inside Connection of External Appliances. It shall be unlawful for anNo owner of a rental dwelling to may allow electrical drop cords, extension cords or any electrical wire to run from any electrical outlet from inside the dwelling or dwelling unit for service to an electrical appliance outside of the dwelling or dwelling unit. 220.13. 507.10 Licensing 1. License Requirement (a) Except as otherwise provided herein, no person shall may operate, let, or cause to be let, a rental dwelling or rental dwelling unit without first having obtained a rental license from the City of Fridley. Upon receipt of a properly executed initial application for a rental license, the Compliance Official and/or his/hertheir designated agentdesignee shall cause an will inspection to be made of the premises the property to determine whether the structure is in compliance with this Chapter, other chapters of the Code other Fridley ordinances, and the laws and rules of the State of Minnesota. Each rental license willshall be issued annually and shall expires 12twelve months from the date of issuance. Renewal applications shall must be filed at least thirty (30) days prior to the license expiration date. Every rental dwelling, including all rental units, may be inspected after a renewal license application is filed to determine if the premises still conforms to all applicable ordinances and codes. (b) Any owner of a rental dwelling who does not reside within the eleven-county metro area comprising of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright counties must appoint a designated agent residing within the eleven-county area. The designated agent must be listed on the application and empowered by the property owner to perform maintenance, upkeep, and emergency repairs for the rental dwelling. The Compliance Official must be notified in writing within ten (10) business days of any change in designated agent. 224 Jufn!6/ 2. Conformance. No rental license shall may be issued or renewed unless the rental dwelling conforms to the provisions of this Chapter, the ordinances of the City Code, and the laws, rulesrules, and regulations of the State of Minnesota. 3. Fees (a) The annual license fee for a rental license, and for reinspection, is shall be as provided in Chapter 11the Fees Chapter of the City Code. (b) Any rental inspection which requiresrequiring three or more inspections or attempts for an inspection will be assessed an additional inspection fee. This fee will be charged starting on the third inspection and will include attempts to prior inspections and for each subsequent inspections or attempted inspections. The reinspection fee shall be as provided in Chapter 11 of the City Code for each reinspection needed after the initial inspection and the second inspection. No license shall may be issued or renewed until all outstanding fees and fines in Section 220.15, Subd. 3,pursuant to this Chapter have been paid, other than those which may be assessed against the property. If a rental dwelling has been licensed, the license may be denied at the time of renewal or may be revoked or suspended in the manner described in Section 220.13.07. (c) In order to restore a license for a rental dwelling or individual dwelling unit which has had its license denied at the time of renewal or revoked or suspended, the license application shall must be accompanied by the license fee as provided in Chapter 11 of the City code.the Fees Chapter of the Code. D. A fee as provided in Chapter 11 of the City Code shall be paid when filing the license Transfer Form as required in Section 220.13.06. E. (d) Failure to obtain a rental license prior to letting or operating a rental dwelling or allowing a rental license to expire will result in a twenty-five percent (25%) addition to the rental license fee. Continued noncompliance with the licensing requirements may results in a criminal citation. 4. Application Requirements and Process (a) Application Requirements. License application must shall be made by the owner of record of the property. Application forms may be acquired from and subsequently filed with the Compliance Official within the Community Development Rental Licensing/Inspections Division. The applicant shall must supply the following information as well as all other information requested on the rental license application: (1) Name, address, telephone number, and email address of the property owner if an individual, and, if an entity, the same information for at least one officer, manager or 225 Jufn!6/ director of the entityor managing agent. The City must be notified in writing within ten (10) days of any change of address or other requested information for the owner. (2) Name, address, telephone number, and email address of a designated agent or operator, if different from the owner. The City must be notified in writing within ten (10) days of any change of address or other requested information for the designated agent or operator. (3) Name, address, and telephone number of vendee if dwelling is being purchased through a contract for deed or mortgage (name of lender or financial institution holding mortgage). Proof of recording the contract for deed documentation and/or filing in Anoka County must be provided with the application. (4) Legal address of the property where the rental dwelling is located. (5) Number of units in each rental dwelling and the types of units that (one (1) bedroom, two (2) bedroom, etc.)exist within each of the rental dwellings. (6) The number of paved off street parking spaces available, if requested (e.g. enclosed parking spaces, exterior parking spaces, and handicap parking spaces)toavailable to tenants, if requested. (7) Description of procedure through whichfor tenant inquires inquiries and complaints, if requested are to be processed. (8) Each owner of a rental dwelling within the City, when the owner does not reside within the eleven-county metro area comprising of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington and Wright counties, must appoint a designated agent residing within the eleven-county area. The designated agent must be listed on the application and empowered by the property owner to perform maintenance and upkeep and empowered to institute emergency repairs for the rental dwelling. The Compliance Official shall be notified in writing within ten (10) business days of any change in designated agent. (b) Inspection Required. Licensed rental dwellings are at all times subject to the Compliance OfficialÔs right to inspect the rental dwelling and dwelling units to determine whether they are in compliance with the city codeCode and state law. The Inspection Department Compliance Official shall will set up a schedule of periodic inspections to ensure city- wideCity-wide compliance with this Chapter. The Compliance Official shall will provide reasonable notice to the owner or operator ofas to the date and time of the inspection. Every occupant of a dwelling unit shall must give the owner or operator or their thereof, or his/her agent or employee, access to any part of such the dwelling unit, or its premises, at reasonable times for the purposes of effecting inspection, maintenance, repairs, or alterations as are necessary to comply with the provisions of this Chapter. If any owner, operator, occupant, or 226 Jufn!6/ other person in charge of a dwelling or dwelling unit fails or refuses to permit free access and entry to the structure or premises under theirhis/her control for an inspection pursuant to this Chapter, the Compliance Official may seek a court order authorizing such an inspection. The submission of a rental license application or the possession of a rental license issued by the City shall will constitute agreement to such inspection by the owner identified on the rental license. 5. Posting of License. Licensees shall causemust conspicuously post a copy of the rental license for the rental dwelling to be conspicuously posted in a frame with transparent protective covering in the main entry way of the rental dwelling or other conspicuous location therein. 6. License Transferability. Rental licenses may be transferred upon completion of a license transfer application, payment of the license transfer fee, and written approval by the Compliance Official. 7. License Suspension, Revocation or Conversion to Provisional License. The City may revoke, suspend, convert to a provisional license, deny, or decline to renew any rental license applied for or issued under this Chapter as detailed here. (a) Suspension, Revocation, or Conversion to Provisional License. Every rental license issued under the provisions of this Chapter is subject to suspension, revocation, or conversion to a provisional license for the entire rental dwelling or for individual rental dwelling units by the City Council (Council) if the licensee fails to operate or maintain the licensed rental dwelling(s) and dwelling units in compliance with the provisions of this Chapter, all applicable ordinances of the City Code, and the laws and regulations of the State of Minnesota. (b) A rental license may also be suspended, denied, converted to a provisional license, not renewed or revoked for any of the following reasons: (1) The license was obtained by misrepresentation of material facts, fraud, deceit or bad faith. (2) The licensee or applicant has failed to comply with any condition set forth in any permits granted by the City related to the rental dwelling. (4) The activities of the licensee on the rental dwelling premise have created a serious danger to the public health, safety or welfare. (5) The rental dwelling contains conditions that might injure or endanger the safety, health or welfare of any member of the public. (6) Failure to continuously comply with any condition required of the applicant for the approval or maintenance of the rental license. 227 Jufn!6/ (7) Failure to include the Crime Free/Drug Free Lease Addendum in all leases as required by this Chapter. (8) A violation of any other term and condition of the rental license or of this Chapter. (c) Hearing. Upon violation of any of the terms and conditions of a rental license, the Council may hold a hearing to consider the suspension, revocation or conversion to a provisional license. At this hearing, the licensee will be provided with due process, including: (1) Interested parties may be represented by an attorney, present evidence, witnesses, and cross-examine all adverse witnesses, and (2) The City will make a complete record of all proceedings, including findings of fact and conclusions of law. A.(d) Notification. The Compliance Officer shall must send written notice to the licensee of the date and time of a hearing before the city councilCouncil regarding any license application or any potential revocation, suspension or conversion to a provisional license. Such nNotice mustshall be sent to the ownerÔs and/or agentÔs address on file with the City and shall be sent not less than twenty ten (20)10 days from the date of any license-relatedthe hearing. B. Hearing. Upon violation of any of the terms and conditions of a rental license, the city council may hold a license hearing for consideration of the suspension, revocation or conversion to a provisional license. At any such hearing, the licensee shall be provided with due process, including: (1) Allowing interested parties the right of legal representation, the right to present evidence, witnesses, and to cross-examine all adverse witnesses, and (2) Making a complete record of all proceedings, including findings of fact and conclusions of law. A. Suspension, Revocation, or Conversion to Provisional License. Every rental license issued under the provisions of this Chapter is subject to suspension, revocation, or conversion to a provisional license for the entire rental dwelling or for individual rental dwelling units, by the City Council, should the licensee fail to operate or maintain the licensed rental dwelling(s) and dwelling units therein in compliance with the provisions of this Chapter, all applicable ordinances of the City, and the laws and regulations of the State of Minnesota. B. A rental license may also be suspended, denied, converted to a provisional license, not renewed, or revoked for any of the following reasons: 228 Jufn!6/ (1) The license was procured by misrepresentation of material facts, by fraud, by deceit, or by bad faith. (2) The applicant or one acting in his/her behalf made oral or written misstatements or misrepresentations or material facts in or accompanying the application. (3) The licensee or applicant has failed to comply with any condition set forth in any other permits granted by the City of Fridley. (4) The activities of the licensee in the licensed activity create or have created a serious danger to the public health, safety, or welfare. (5) The rental dwelling, the building of which such dwelling is a part, or any portion thereof, contains conditions that might injure or endanger the safety, health or welfare of any member of the public. (6) Failure to continuously comply with any condition required of the applicant for the approval or maintenance of the rental license. (7) Failure to include the crime free/drug free lease addendum in all leases as required by this Chapter. (8) A violation of any other term and condition of the rental license or of this Chapter. (e) Effect of Suspension or Revocation. In the event that a rental license is suspended or revoked by the city councilCouncil for any violation under the provisions of Chapter 220this Chapter, it shall will be unlawful for the owner or theirhis/her duly authorized agent to thereafter permit any new occupancies inof vacant, or thereafter vacated rental units until, until such time as a valid operating license is restored to the affected units. Issuance of a new license after suspension or revocation shall will be is be made in the same manner as provided for obtaining an initial license. (f) Terms of Provisional License. At the time of approval of the provisional license, the city council Council shall may approve a mitigation plan to address and prevent future license violations. The mitigation plan may include adding security measures, improving the exterior of the property, reducing or changing the hours of operation, holding neighborhood meetings, or taking other measures thatother steps the city councilCouncil deems appropriate. 8. Posted to Prevent Occupancy. Whenever any dwelling or individual dwelling unit has been denied a license, has had its license suspended or revoked pursuant to Section 220.13this Chapter, or is unfit for human habitation, it shall will be posted marked with a placard by the Compliance Official to prevent further occupancy. No person, other than the Compliance Official or theirhis/her representativedesignee, shall may remove or tamper with any placard used for 229 Jufn!6/ posting. The Compliance Official will post on the placard the date that the vacancy shall will become effective. On or after the placard vacancy date, no person shall may reside in, occupy, or cause to be occupied any dwelling or dwelling unit which has been posted to prevent occupancy. 9. Failure to Obtain License. If it is determined that a rental dwelling or rental dwelling unit is being operated without a valid license, an immediate inspection shall will be conducted. It shall beis unlawful for an owner, designated agent, or operator, after notice sent by first class mail, to continue operation of a rental dwelling unit without submitting an application for a license under this Chapter, along with the necessary license fee. Once an application has beenis made, it isshall be unlawful for the owner, or his/her duly authorized their agent, to permit any new occupancies of vacant, or thereafter vacated rental units until such time as the license is issued. 10. Issuance of Rental License. If the rental dwelling is in compliance with this Chapter, all applicable ordinances of the City Code and the laws and regulations of the State of Minnesota, a license shall will be issued to the present owner or his/hertheir designated agent. If the City finds that the circumstances of the occupancy following the issuance of the license involve possible Code violations, substandard maintenance, or abnormal wear and tear, the City may reinspect the premises during the licensing period. 11. Additional License Conditions (a) Licensees must, as a continuing obligation of a license, maintain a current register of tenants and other person(s) who have lawful right to occupancy of rental properties. In its theirr application, the licensee must designate the person(s) who will have possession of the register and must promptly notify the City of any change of the identity, address or telephone number of such person(s). The register must be made available for inspection by the City at all times. (b) Licensees are responsible for the acts or omissions of their managers and operators. (c) The licensee or manager is required to complete one educational course of the Crime- Free/Drug Free-Rental Housing Program, or similar course, as approved by the City Manager or their designee. The certification must be complete within one (1) year of initial license issuance and repeated once every five (5) years. Program attendees will beare required to pay a participation fee in an amount determined to cover the cost of the program. (d) The licensee or manager must provide all tenants with a written lease which must include the City approved Crime Free/Drug Free Lease Addendumcrime free/drug free rental housing addendum. The lease and addendum must be made available for review by the City Manager or their designee upon request. (e) All licensees or managers must complete a criminal background check on all occupants of a dwelling and provide proof of completion of said background check at the request of the City Manager or their designee. 22: Jufn!6/ (f) Licensees shall must comply with state statutes State law regarding completion of background checks on all managers, caretakers, and agents. 12. Exemptions. No rental license is required for the following: (a) Hotels (b) Motels (c) Hospitals (d) State-licensed residential care facilities (e) Assisted living facilities (f) Nursing homes (g) Single-family homes or duplexes in which the owner resides within a portion of the single-family home or duplex, and if the building is a duplex, only that portion of the building in which the owner resides is exempt. The other portion of the duplex requires a rental license. 220.14. 507.11 Conduct on Licensed Premises 1. It isshall be the responsibility of the licensee to see that residents, guests or other persons affiliated with the resident occupying a premises conduct themselves in such a manner and avoid engaging in illegal conduct so as not to cause the premises to be disorderly. For purposes of this Ssection, a premises is disorderly when illegal conduct occurs on the premises. including any of the following types of illegal conduct in violation of the listed statutes: A. Minn. Stat. SS 609.75 through 609.76, which prohibit gambling. B. Minn. Stat. SS 609.321 through 609.324 which prohibit prostitution and acts relating thereto; C. Minn. Stat. SS 152.01 through 152.025, and S 152.027, subds.1 and 2, which prohibit the unlawful sale or possession of controlled substances; D. Minn. Stat. S 340A.401, which regulates the unlawful sale of alcoholic beverages; E. Minn. Stat. S 609.33, which prohibits owning, leasing, operating, managing, maintaining, or conducting a disorderly house, or inviting or attempting to invite others to visit or remain in a disorderly house; 231 Jufn!6/ F. Minn. Stat. SS 97B.021, 97B.045, 609.66 through 609.67 and 624.712 through 624.716 and Chapter 103 of the City Code, which prohibit the unlawful possession, transportation, sale or use of weapon; or G. Minn. Stat. S 609.72, which prohibits disorderly conduct. H. Fridley City Code 124.07, prohibiting public nuisance noises, and Chapter 110 of the City Code prohibiting public nuisances. I. Minn. Stat. SS 609.221, 609.222, 609.223, 609.2231, and 609.224 regarding assaults in the first, second, third, fourth, and fifth degree. J. Minn. Stat. SS 609.50 which prohibits interference with police officer; K. Minn. Stat. SS 609.713 which prohibits terroristic threats; L. Minn. Stat. SS 609.715 which prohibits presence of unlawful assembly; M. Minn. Stat. SS 609.71 which prohibits riot; N. Minn. Stat. SS 609.226 and 347.56, relating to dangerous dogs; O. Minn. Stat. SS 609.78 which prohibits interfering with Ñ911Ò phone calls; P. Minn. Stat. SS 609.229 which prohibits crime committed for benefit of a gang; Q. Minn. Stat. SS 609.26, Subd. 1(8) which prohibits causing or contributing to a child being a runaway; R. Minn. Stat. SS 609.903 which prohibits racketeering; S. Minn. Stat. SS 607.23 which prohibits indecent exposure; T. Minn. Stat. SS 609.595 which prohibits criminal damage to property; U. Minn. Stat. SS 152.027, Subd. 4, which prohibits unlawful sale or possession of small amounts of marijuana; V. Minn. Stat. SS 260B.425 which prohibits contributing to the delinquency of a child. 2. Incidents where the victim and suspect are ÑfamilyÒ or ÑhouseholdÒ members as defined in the Domestic Abuse Act, found in Minn. Stat. SS 518.01 and Where there is a report of ÑdDomestic aAbuseÒ as defined in the Domestic Abuse Act or where the tenant is the victim of an order for protection violation under Minn. Stat. SSM.S. § 518B.01, Subdsubd. 14, the incident will shall not 232 Jufn!6/ be considered ÑDisorderly UseÒ of the premises for purposes of requiring owners to proceed against a tenant who is the victim in such situations under the Crime Free/Drug Free Lease Addendum. 32. The Public Safety Director or their designee shall is be responsible for determining when there has been an incident of illegal conduct that constitutes disorderly use of the licensed premises. 43. Upon determination by the Public Safety Director or their designee that a licensed premises or an individual dwelling unit was used in a disorderly manner, as described in subsection 1this Chapter, or otherwise used in violation of the Crime Free/Drug Free Lease Addendumcrime free/drug free lease addendum, the Public Safety Director or their designee shall must notify the licensee of the violation and direct the licensee or their a legally constituted agent or operator to take steps to prevent further violations. Notice may be personally delivered toserved on the licensee or legally constituted, agent or operator, sent by certified mail to the licensee, and legally constituted agent, or operatorÔs last known address, or, if the licensee, agent, or operator does not acknowledge receipt of the noticeneither method of service effects notice, by posting the notice inon a conspicuous place on the rental unit and mailing a copy of the notice of the violation by first class mail. The notice shall will direct the licensee to take steps to prevent further violations. A copy of said the notice shall must alsowill be sent by first class mail to the occupant in violation of subsection 1. The owner shall must notify the tenant or tenants within ten (10) days of the notice of violation of the disorderly use constituting a violation of the Crime Free/Drug Free Lease Addendumcrime free/drug free lease addendum. , and tThe owner shall must further take steps to prevent further disorderly use violations. 54. Upon a second violation within twelve (12) months of any one previous instance of disorderly use of a rental dwelling or dwelling unit as described in subsection 1, notice of the disorderly use violation shall will be sent to the property ownerlicenseese, agent, or operator. The notice shall will require the licensee to submit a written report of the actions taken, and proposed or to be taken, to prevent further disorderly use violations. This written report shall must be submitted to the Public Safety Director or their designee within ten (10) business days of receipt of such the notice and mustshall detail all actions taken in response to all the notices regarding violations of subsection 1 within the preceding twelve (12) months. If no written report is received within the required timeframe for the response, the rental license for the property or the individual dwelling unit may be denied, revoked, suspended, not renewed, or converted to a provisional license. An action to deny, revoke, suspend, convert to a provisional license, or not renew a license under this Ssection shall will be initiated by the city councilCouncil at the request of the Public Safety Director in the manner described in Section 220.13.07. The owner shalllicensee, agent, or operator must notify the tenant or tenants within ten (10) days of the notice of violation of the disorderly use constituting a violation of the Crime Free/Drug Free Lease Addendumcrime free/drug free lease addendum, and owner shall must take steps to prevent further disorderly use violations. 65. If a third or subsequent violation in an of subsection 1 involving residents, guests, or other persons affiliated with the resident occupying an individual dwelling unit occurs within twelve (12 233 Jufn!6/ ) months after the first of two (2) previous instances for which notices (pursuant to this section) were sent to the licensee, the rental license may be denied, revoked, suspended, converted to a provisional license or not renewed. An action to deny, revoke, suspend, convert to a provisional license, or not renew a license under this section Chapter shall may be initiated by the city councilCouncil at the request of the Public Safety Director or their designee in the manner described in Section 220.13.07. 76. No adverse license action shall may be imposed if the violation of subsection 1 occurred during the pendency of eviction proceedings (unlawful detainer) or within thirty (30) days of notice given by the licensee to an occupant to vacate the premises, where the violation was related to conduct by that occupant, other occupants, or their occupant's guests. Eviction proceedings shall will not be a bar to adverse license action, however, unless they are diligently pursued by the licensee. Further, an action to deny, revoke, suspend, convert to a provisional license, or not renew a license based upon violations of this Ssection may be postponed or discontinued at any time if it appears that the licensee has taken appropriate measures which will to prevent further disorderly use of the premises. The owner shall must notify the tenant or tenants within ten (10) days of the notice of violation of the disorderly use constituting a violation of the Crime Free/Drug Free Lease Addendum, crime free/drug free lease addendum , and the owner shall take steps to prevent further disorderly use violations. 87. A determination that the licensed premises or dwelling unit has been used in violation of this subsection 1 shallChapter will be made upon a preponderance of evidence to support such athe determination. It shall is not be necessary that for criminal charges to be brought to support a determination of violation to subsection 1, nor willshall the fact ofa dismissal or acquittal of criminal charges operate as a bar to adverse license action under this sectionChapter. 220.15. 507.12 Compliance 1. The City Manager shall will designate the a Compliance Official to administer and to enforce the provisions of this Chapter. The Compliance Official is hereby authorized to cause inspections on a scheduled basis and/or when reason exists to believe that a violation of this Chapter has been or is being committed. 2. Whenever the city Compliance Official determines that any dwelling or dwelling unit fails to meet the provisions of Section 220.07 through 220.14 of this Chapter, the Ccity may issue a compliance order setting forth the violations of this Chapter and ordering the owner, agent, operator, or occupant to correct such violation. This compliance order shallmust: (a) Be in writing. (b) Describe the location and nature of the violation in this Chapter. (c) Specify a reasonable time in which violations must be corrected. 234 Jufn!6/ (d) Be provided to theserved on licensee. The compliance order must beService shall be sufficient if personally deliveredserved, posted in a conspicuous place on or about the premises, or if mailed by first class mail to the licenseeÔs last known address on file pursuant to Section 220.13.04. 3. The Compliance Official may investigate complaints relating related to the rental dwelling or dwelling unit. The Compliance Official shall must contact the owner or agent to verify that the owner or agent is aware of the complaint. If deemed necessary by the Compliance Official, an inspection of the unit may be conducted to determine if there are violations to this Chapter and other applicable ordinances of the city City and the State laws and regulations of the State of Minnesota. If the inspection reveals that an ordinance or codea Code violation exists, the Compliance Official shall must notify the owner or agent pursuant to subsection (2)of the violation. Unless the correction or repair is an emergency case as regulated in Section 220.16, the owner or agent must shall comply with the timeframes established in the Compliance Order; it is not expected that repairs or corrections are completed within twenty-four (24) hours. 220.16. 507.13 Emergency Cases When a violation of Section 220. 11 of this Chapter constitutes an imminent peril to life, health, safety, or property, the City may require immediate compliance and, if necessary, take appropriate action to correct the violation. The City may bill the costs of repair to the owner of the property and, in the case of nonpayment, may assess the cost of the repairs to the property. 220.17. 507.14 Collection of Recyclables Every owner of a multiple dwelling of 13 or more units or other units not serviced under the City contract for recycling services shall must arrange and contract for at least monthly collection of recyclables to include at least newsprint, glass (food and beverage), aluminum, steel, and tin cans, and corrugated cardboard. A copy of the owner'Ôs contract for recycling services shall must be submitted to the City in conjunction with the annual renewal of the rental license. 220.18. 507.15 Unfit for Human Habitation 1. Declaration. Any structure dwelling or dwelling unit which is damaged, decayed, dilapidated, unsanitary, unsafe, infested, or which lacks provision for illumination, ventilation, or sanitary facilities to the extent that the defects create a hazard to the health, safety, or general welfare of the occupants or to the public may be declared unfit for human habitation by City Manager or their designee, or the applicable state authority. Whenever any structure, dwelling, or dwelling unit has been declared unfit for human habitation, the City shall will order same the dwelling vacated within a reasonable time and shall must post a placard on same indicating that it is unfit for human habitation, and any operating license previously issued for such structure dwelling or dwelling unit shall will be revoked. 235 Jufn!6/ 2. Vacated Dwelling. It shall beis unlawful for a vacant structure dwelling or dwelling unit, which that has been declared unfit for human habitation , as provided above, to be used for human habitation until the defective conditions have been corrected and written approval has been issued by the City. It shall be unlawful for any person to deface or remove the declaration placard from any such structure dwelling or dwelling unit. 3. Secure Unfit and Vacated Dwellings. The owner of any structure dwelling or dwelling unit that, which has been declared unfit for human habitation, or which is otherwise vacant for a period of 60 days or more, shall must make same safe and secure the unit so that it is not hazardous to the health, safety, or general welfare of the public and does not constitute a public nuisance. Any vacant dwelling or dwelling unit with unguarded open at doors or windows is considered, if unguarded, shall be deemed to be a hazard to the health, safety, and general welfare of the public and a public nuisance within the meaning of this Chapter and Chapter 110the Public Nuisances Chapter of the Code. 4. Hazardous Building Declaration. In the event that a dwelling or dwelling unit has been declared unfit for human habitation and the owner licensee, agent, or operator has not remedied the defects within a prescribed reasonable time, then it may be declared a hazardous building and treated consistent with the provisions of Minnesota Statutes, SectionM.S. §§ 463.15-463.261. 220.19. 507.16 Execution of Compliance Codes Upon failure to comply withabide by a compliance order within the given time set and no appeal having been taken, the city councilCouncil may, by resolution, cause the cited deficiency to be remedied as set forth in the compliance order. The cost of such remedy shall will be placed against the subject property and may be levied and collected as a special assessment in the manner provided by Minnesota Statutes,M.S. Chapter 429. 220.20. 507.17 Appeal When it is alleged by any person to whom a compliance order is directed that such compliance order is based upon erroneous interpretation of this Chapter, such person may appeal the compliance order as provided under Chapter 6 of the City Code. The filing of an appeal shall stay all proceedings, unless such a stay would cause imminent peril to life, health, safety, or property. 1. Any person contesting a citation or decision associated with violations of this Chapter may file an appeal pursuant to the Appeals and Administrative Citations chapter of the Code. 2. Within 14 business days of a determination by the Hearing Examiner, any person contesting that decision may appeal to the Council by submitting a written appeal to the City Clerk. At its next regular meeting following the Hearing Examiner's decision, the Council will affirm, repeal, or modify that decision. 3. The filing of an appeal will stay all proceedings, unless such a stay would cause imminent peril to life, health, safety or property. 236 Jufn!6/ 220.21. 507.18 Transfer of Ownership Anyone securing an interest in the a dwelling or dwelling until which that has received a violation tag or compliance order shall isbe bound by the ordersame without further service of notice and shall beis liable to all penalties and procedures under this Chapter. 220.22. 507.19 No Warranty by City By enacting and undertaking to enforce this Chapterordinance, neither the city City nor its councilCouncil, agents, or employees warrant or guarantee the safety, fitness, or suitability of any dwelling in the City, and any representation to the contrary by any person is a misdemeanor. Owners or occupants should take whatever steps they deem appropriate to protect their interests, health, safety, and welfare. A warning in substantially the foregoing language shall will be printed on the face of the license. 220.23. Severability Every section, provision, or part of this Chapter is declared separable from every other section, provision, or part to the extent that if any section, provision, or part of this Chapter shall beis held invalid, such holding shall will not invalidate any other section, provision, or part thereof. 220.24. 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. It is a misdemeanor for any person to prevent, delay, or provide false information to the Compliance Official, or his/her representative, while they are engaged in the performance of duties set forth in this Chapter. Section 9 That the Fridley City Code Chapter 223, Manufactured Home Park Closings, be hereby amended as follows: Fridley City Code Chapter 223508. Manufactured Home Park Closings 223.01. 508.01 Purpose In view of the peculiar nature and problems presented by the closure or conversion of manufactured home parks, the City Council finds that the public health, safety, and general welfare will be promoted by requiring compensation to displaced residents of manufactured homesuch parks. The purpose 237 Jufn!6/ of this ordinance is to require park owners to pay displaced residents reasonable relocation costs and to require purchasers of manufactured home parks to pay any additional compensation, pursuant to the authority granted under Minnesota Statutes, Section (M.S.) § 327C.095. 223.02. 508.02 Definitions The following words and terms when used in this Chapter ordinance shall have the following meanings unless the context clearly indicates otherwise: Closure Statement: A statement prepared by the manufactured home park owner clearly stating that the park is closing, addressing the availability, location, and potential costs of adequate replacement housing within a 25 mile radius of the park that is closing and the probable relocation costs of the manufactured homes located in the park. clearly stating the park is closure ing, addressing the availability, location, and potential costs of adequate replacement housing within a twenty-five (25) mile radius of the park, that is closing and the probable relocation costs of the manufactured homes located in the park. Displaced Owner. A resident of an owner-occupied manufactured home who rents a lot in a manufactured home park, including the members of the resident's household, as of the date the park owner submits a closure statement to the City's Planning Commission. Displaced Resident: A resident of an owner-occupied manufactured home who rents a lot in a manufactured home park, including the members of the resident's household, as of the date the park owner submits a closure statement to the City's Planning Commission.A displaced owner. Lot: An area within a manufactured home park, designed and used for the accommodation accommodationplacement of a manufactured home. Manufactured Home: A structure which is, not affixed to or part of real estate, transportable in one orf more sections, which in itsthe traveling mode, is eight body (8) feet or more in width or forty (40 body ) feet or more in length, or, when erected on site,, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, ., and Manufactured homes must be equipped with includes the plumbing, heating, air conditioning, and an electrical systems contained in it contained in it. Park Closure: A closure, conversion of use, or termination of use, whether in whole or in part, of a manufactured home park. For purposes of this definition, use shall mean any use related to the manufactured home park and related services. Park Owner: The owner of a manufactured home park and any person acting on behalf of the owner in the operation or management of the park. The owner of a manufactured home park. 238 Jufn!6/ Person: Any individual, corporation, firm, partnership, incorporated and unincorporated association, or any other legal or commercial entity.corporation, firm, partnership, incorporated and unincorporated association or any other legal or commercial entity. Purchaser: The person buying the manufactured home park from the park owner. In the event that the park owner intends to retain ownership and convert the park to a different use, all references to the ÑpurchaserÒ refer to the park owner. Relocation Cost: The reasonable cost of relocating a manufactured home due to the conversion of all or a portion of a manufacture home park to another use, the closure of a manufactured home park, or cessation of use of land as a manufactured home park as further detailed in M.S. § 327C.095.The reasonable cost of relocating a manufactured home from a manufactured home park within the City of Fridley that is being closed or converted to another use to another manufactured home park within a 25twenty-five (25) mile radius of the park as follows under A. Preparation for Move.The reasonable costs incurred to prepare the eligible manufactured home for transportation to another site. This category includes crane services if needed, but not the cost of wheel axles, tires, frame welding or trailer hitches. B. Transportation to Another Site.Reasonable costs incurred to transport the eligible manufactured home and personal property within a twenty-five (25) mile radius. This category also includes the cost of insuring the manufactured home and contents while the home is in the process of being relocated, and the cost of obtaining moving permits provided that the park owner shall not be required to pay delinquent taxes on a manufactured home if necessary in order to obtain a moving permit. This category also includes the reasonable cost of disassembling, moving, and reassembling sheds and any attached appurtenances, such as porches, steps, decks, skirting, air conditioner units and awnings, which were acquired before the notice of closure or conversion of the park. C. Hook-up at New Location.The reasonable cost of connecting the eligible manufactured home to utilities at the relocation site, including crane services if needed. The park owner shall not be required to upgrade the electrical or plumbing systems of the manufactured home. D. Insurance.The cost of insurance for the replacement value of the property being moved. Relocation costs do not include the cost of any repairs or modifications to the manufactured home needed to bring the home into compliance with the state and federal manufactured home building standards for the year in which the home was constructed. Relocation costs also do not include the cost of any repairs or modifications to the home or appurtenances needed to bring the home or appurtenances into compliance with the rules and regulations of the manufactured home park to which the manufactured home is to be relocated, if those rules and regulations are no more stringent than the rules and regulations of the park in which the home is located and the resident was notified of non-compliance with the rules and regulations of the park in which it is located within sixty (60) days prior to delivery of the closure statement. 239 Jufn!6/ 223.03. 508.03 Park Closure StatementNotice If a manufactured home park is to be closed, converted in whole or part to another use or terminated as a use of the property, the park owner shall, at least nine (9) months prior to the closure, conversion to another use or termination of use, provide a copy of a closure statement to a resident of each manufactured home and to the City's Planning Commission. If all or a portion of a manufactured home park is to be converted to another use, or is being closed or will cease being used as a manufactured home park, the park owner must prepare a closure statement and provide a copy of the statement to the Commissioners of Health and the Minnesota Housing Finance Agency, the CityÔs Planning Commission and a resident of each manufactured home where the residential use is being converted at least 12 months before the conversion or closure. The closure statement must include the following language in a font no smaller than 14 point: ÑYOU MAY BE ENTITLED TO COMPENSATION FROM THE MINNESOTA MANUFACTURED HOME RELOCATION TRUST FUND ADMINISTERED BY THE MINNESOTA HOUSING FINANCING AGENCY.Ò 223.04. 508.04 Notice of Public Hearing The City's Planning Commission shall must submit the closure statement to the City Council and request that the City Council to schedule a public hearing on the closure. The City shall will mail a notice to at least ten (10) days prior to the public hearing to a residents of each manufactured home in the park at least ten (10) days prior to the public hearing, stating the time, place, and purpose of the public hearing. The park owner shall provide the City with a list of the names and addresses of at least one displaced resident of each manufactured home in the park at the time when the owner at the timewhen they submits the closure statement is submitted to the City's Planning Commission. 223.05. 508.05 Public Hearing A public hearing shall will be held before by the City Council within 90 days of after receipt of the closure statement tofor the purpose of reviewing the closure statement and evaluateing anywhat impact the park closing may have on the displaced residents and the park owner. At the time of, and in the notice for, the public hearing, displaced residents must be informed that they may be eligible for payments from the Minnesota manufactured home relocation trust fund under M.S. § 462A.35 as compensation for reasonable relocation costs. The City Council may also require that other parties, including the City, but excluding the park owner or its purchaser, involved in the park closing provide additional compensation to residents to mitigate the adverse financial impact of the park closing upon the residents. At the public hearing, the City Council will determine if any ordinance was in effect on May 26, 2007, that would provide compensation to displaced residents and provide this information to the third party neutral to determine the applicable amount of compensation. 508.06 Qualified Third Party Neutral Appointment 23: Jufn!6/ At the public hearing, the City Council must appoint a qualified neutral third party, to be agreed upon by both the manufactured home park owner and manufactured home owners, whose hourly cost must be reasonable and paid from the Minnesota manufactured home relocation trust fund. The neutral third party will act as a paymaster and arbitrator, with decision-making authority to resolve any questions or disputes regarding any contributions or disbursements to and from the Minnesota manufactured home relocation trust fund by either the manufactured home park owner or the manufactured home owners. If the parties cannot agree on a neutral third party, the City Council may determine who will act as the neutral third party. 223.06. DISPLACED RESIDENT OBLIGATIONS As a condition of receiving assistance under this Chapter, a displaced resident shall submit a contract or other verified cost estimate of relocation costs to the park owner for approval. If the park owner refuses to pay the contract or other verified cost estimate, the park owner must arrange for relocating the manufactured home and pay the actual relocation costs incurred. In the alternative, the displaced resident may submit a written statement to the park owner, identifying that the displaced resident either cannot or chooses not to relocate his or her manufactured home to another manufactured home park within a twenty-five (25) mile radius of the park to be closed and elects to receive either relocation assistance as defined in 223.07.02 or compensation as defined in 223.08. 223.07 ELECTION TO RELOCATE 1. After service of the closure statement by the park owner and upon submittal by the displaced resident of a contract or other verification of relocation expenses, the park owner shall pay to the displaced resident the reasonable costs as defined in 223.02.10 of relocating the manufactured home to another manufactured home park located within a twenty-five (25) mile radius of the park that is being closed, converted to another use, or ceasing operation. 2. If a displaced resident cannot or chooses not to relocate the manufactured home within a twenty- five (25) mile radius of the park which is being closed, and the displaced resident elects to retain title to the manufactured home, the displaced resident is entitled to relocation costs as defined in 223.02 based upon an average of the actual relocation costs paid to other displaced residents in the manufactured home park. For purposes of this section, in the event that it is not possible to calculate the average using this formula, the amount of compensation shall be based on the average of the estimated relocation costs submitted by other residents in the park. 3. A displaced resident compensated under this section shall retain title to the manufactured home and shall be responsible for its prompt removal from the manufactured home park. 4. The park owner shall make the payments under this section directly to the person performing the relocation services after performance thereof, or, upon submission of written evidence of payment of relocation costs by a displaced resident, shall reimburse the displaced resident for such costs. 241 Jufn!6/ 5. The displaced resident must submit a contract or other verified cost estimate for relocating the manufactured home to the park owner as a condition to the park owner's liability to pay relocation expenses. 223.08. ELECTION TO RECEIVE COMPENSATION If a displaced resident chooses not to relocate the manufactured home within a twenty five (25)-mile radius of the park that is being closed and tenders title of the manufactured home to the park owner, the displaced resident is entitled to compensation, to be paid by the purchaser of the park in order to mitigate the adverse financial impact of the park closing. In such instance, the compensation shall be an amount equal to: 1. The current fair market value of the manufactured home as determined by a real property appraiser licensed by the State of Minnesota, or 2. If no appraisal exists, the current assessed value for tax purposes of the manufactured home as established by Anoka County. Under 223.08.01, the appraisal may be provided by either the displaced resident, the park owner or the purchaser. Any disputes over valuation shall be resolved through judicial action in Anoka County District Court. The purchaser shall pay such compensation into an escrow account, established by the park owner, for distribution upon transfer of title to the manufactured home. Such compensation shall be paid to the displaced resident sixty (60) days prior to closing of the park, conversion to another use, or later at resident option and the park owner shall receive title and possession of the manufactured home upon payment of such compensation. 223.09. LIMITATION ON TOTAL AMOUNT OF RELOCATION ASSISTANCE AND COMPENSATION PAID TO DISPLACED RESIDENTS The total amount of relocation assistance and compensation paid to displaced residents of the manufactured home park, shall not exceed the greater of twenty percent (20%) of the County Assessor's estimated market value of the manufactured home park, as determined by the County Assessor for the year in which the park is scheduled to close, or twenty percent (20%) of the purchase price of the park. 223.10. APPLICABILITY Relocation assistance and related compensation described under 223.02, 223.07 and 223.08 of this ordinance shall not apply in the event that a displaced resident receives compensation under the Uniform Relocation Act et. al. (42 U.S.C. 4601-4655). 223.11. PENALTIES 242 Jufn!6/ 1. Violation of any provision of this ordinance is a misdemeanor. 2. Any provisions of this ordinance may be enforced by injunction or other appropriate civil remedy. 3. The City shall not issue a building permit in conjunction with reuse of manufactured home park property unless the park owner has paid reasonable location costs and the purchaser of the park has provided compensation in accordance with the requirements of the ordinance. Approval of any application for rezoning, platting, conditional use permit, planned unit development or variance in conjunction with a park closing or conversion shall be conditional on compliance with the requirements of this ordinance. Section 10 That the Fridley City Code Chapter 203, Mobile Home Parks, be hereby amended as follows: Fridley City Code Chapter 203.509. Mobile Manufactured Home Parks 203.01. 509.01 Special Permit Required No person shall hereinaftermay construct, establish, conduct, operate or maintain a mobile manufactured home park as defined in Minnesota Statutes (M.S.), §Section 327.14 Subdsubd. 3, within the City of Fridley (City), except afterwithout first obtaining a special permit therefor as hereafter provided for in this Chapter. 203.02. 509.02 Application for Permit 1. Generally. A special permit to construct, establish, conduct, maintain, and operate a mobile manufactured home park, to be licensed by the State Department of Health of the State of Minnesota, may be issued when approved by the Fridley City Council (Council) after a finding by the City Council that such mobile manufactured home park when constructed, established, maintained, conducted, and operated, complies and will comply in all respects with the standards, regulations, and requirements applicable thereto as established by the Department of Health of the State of Minnesota, and such further laws, standards and regulations applicable thereto to manufactured home parks enacted and required by the City of Fridley and not in conflict with said and State law. Any manufactured home park established in the City must be licensed by the Minnesota Department of Health. 2. Considerations. The Council in making its permitting determination may consider the effect of the manufactured home park upon on public health, safety and general welfare, and the effect on community planning, aesthetic considerations for the neighborhood and property values. 243 Jufn!6/ 3. Recommendations Required. The An application for such a manufactured home park permit shall must be made upon forms furnished provided by the City and, when presented to the Council, shall must show include the review and recommendations of the City Engineer/Director of Planning and the Building InspectorCity Manager or their designee. 4. Site Size. Each site in a mobile manufactured home park hereinafter designed shall must have a minimum of 3,500 square feet for each trailer or mobile manufactured home. 203.03. 509.03 License Permit Requirements 1. After the original permit is issued, and after the applicant is duly licensed applicantÔs manufactured home park license is approved with respect to such mobile home park by the State of Minnesota, acting by and through its Department of Health, no license thereforadditional permit or fee shall may be required by the City of Fridley and no further license fee shall be due to or collectible by the City of Fridley, except as may be provided by State law. 2. The operation of a mobile manufactured home park in the City of Fridley without a valid permit issued by the City, existing a valid license therefor issued by the Stateissued by the Department of Health, or the in violation of any law, regulation or standard applicable to any mobile home park by the State Department of Health, or as provided and made applicable to such mobile home park by the City of Fridley, and not in conflict with State law, is a violation of this Chapter. Each day of a violation continues is a separate offense. 203.04. 509.04 Suspension or Revocation Violation of any law, regulation or standard applicable to any such mobile manufactured home parkparks, as may be adopted by the State Department of Health, or as provided and adopted by the City of Fridley and as is not in conflict with Minnesota Statutes, Chapter 327, shall subject the operator of such park to having his or her is cause for the suspension or revocation of their certificate of continued operation suspended by the City while such violation exists permit by the Council. A suspension is prima facie evidence of violation of the law. Further, such Such violation will authorize the City of Fridley to move the Staterequest the Department of Health to suspend, revoke and therefore deny the existing State license then in existence and in effect with respect to such mobile home park. Before any such move is madethe City moves forward with suspension or revocation of the permit, to suspend the certificate of continued operation or to suspend, revoke, or deny the State license, the City shall must afford give the licensee an opportunity to be heard during a hearing held by the Council. The licensee must be given at least 10 days prior notice of the hearing stating the alleged violation(s) and the action being considered, giving ten (10) days prior notice by mail of such hearing and intent and stating the alleged violation and the action to be taken. 203.05. Construction of Statute This Chapter shall be construed and interpreted in all its parts in conformity with and not in conflict with Minnesota Statutes, Sections 327.14 - 327.47. 244 Jufn!6/ 203.06. 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. Section 11 That the Fridley City Code Chapter 217, Conversion Condominium Registration, be hereby amended as follows: Fridley City Code Chapter 217. Conversion Condominium Registration 217.01. PURPOSE The City Council of the City of Fridley deems that it is in the interest of the health, safety, and general welfare of the residents of the City that owner(s) of a multiple dwelling intending to convert to condominium units, register that intent with the City before such a conversion is initiated. 217.02. DEFINITIONS 1. Condominium. A multiple dwelling in which portions are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. A multiple dwelling is not a condominium unless the undivided interests in the common elements are vested in the unit owners. 2. Conversion Condominium. A multiple dwelling which has been converted from rental units to ownership units in accordance with the Uniform Condominium Act, Minnesota Statutes, Chapter 515A. 3. Conversion Notice. A written notice of intent to convert a multiple dwelling to a condominium which is given to the existing occupants of the multiple dwelling by the owner of the dwelling. 4. Declaration. A legal document required by State Law that constitutes the creation of a condominium by the recording of such document in the county in which the condominium is located. 245 Jufn!6/ 5. Disclosure Statement. A document required by State Law that fully discloses information such as declaration, by-laws, etc. which is intended to protect the rights of purchasers of condominium units. 6. 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. 7. Multiple Dwelling. A building or portion thereof designed for occupancy by families living independently of each other. 8. Owner. The person or body having an interest in a multiple dwelling as a fee owner or subordinate interest with the right to exercise control and management of the premises. 217.03. FILING OF REGISTRATION Registration shall be required of any owner of a multiple dwelling located within the City of Fridley who intends to convert such building to condominiums. At least 60 days prior to the conversion notice given to the tenants, the owner of a multiple dwelling shall file with the City a registration form, provided by the City, and pay the appropriate registration fee. 217.04. REGISTRATION FEE The registration fee shall be provided in Chapter 11 of this Code. This Section does not exempt any owners association from obtaining the annual condominium license as set forth in Chapter 220 of the Fridley City Code. 217.05. REGISTRATION FORM The registration form shall contain the following information: 1. Description of around areas by street address and legal description. 2. The number of dwelling units and size of the building. 3. The number of stories and height in feet/meters. 4. Total floor area of the building. 246 Jufn!6/ 5. Information on existing water, gas and electric metering and sewer charges. 6. Amount of any remaining special assessments. 7. Floor plans pursuant to Minnesota Statutes, Section 515A.2-110. 8. Site plan drawn to scale showing: Lot, buildings, off-street parking and landscaping. 9. Disclosure statement (including declaration and by-laws). 10. Letter of notification to tenants. 11. The name and address of the individual to which any notice or order regarding the premises may be served or given during the conversion. 12. Title (and name, if possible) of contact person of Association. 13. Number of low-and moderate-income households affected by the conversion. 217.06. CONDITION OF DENIAL The City may deny registration of conversion condominiums if there exists within the City a significant shortage of suitable rental dwellings available to low-and moderate-income individuals or families or to establish or maintain the City's eligibility for any federal or state program providing direct or indirect financial assistance for housing to the City. The adoption of said Chapter shall comply with the provisions as set forth by the Uniform Condominium Act, Minnesota Statutes, Section 515A.1-106. Section 12 That the Fridley City Code Chapter 222, Fair Housing Practices, be hereby amended as follows: Fridley City Code Chapter 222. Fair Housing Practices 222.01. STATEMENT OF POLICY: FAIR HOUSING 1. It is the policy of the City of Fridley to promote and comply fully with the provisions of the Federal Fair Housing Act, also known as Title VII of the Civil Rights Act of 1968, as well as the provisions of the Minnesota Human Rights Act as they relate to the sale, rental, or leasing of real estate within the boundaries of that City. 2. The City of Fridley has determined that it is in the best interests of its citizens to expressly provide in its own City Code those provisions of law which provide for protection of rights in obtaining, by 247 Jufn!6/ purchase or rental, adequate housing without fear of unlawful discrimination. The provisions for these rights in the City Code, and their enforcement and protection, is done with the intention of supplementing and amplifying, and not in any way reducing or restricting, the rights already provided under existing State and Federal law. 222.02. ADOPTION OF MINNESOTA FAIR HOUSING STANDARDS 1. Except as may otherwise be qualified or expressly modified by these provisions, Minnesota Statutes Section 363.03, subdivisions 2 and 2a, one copy of which is on file in the office of the City Clerk of the city of Fridley, Minnesota, is hereby adopted as the Fair Housing Standards Ordinances of the City of Fridley, Minnesota. Any act defined as discrimination or discriminatory, within the meaning of those provisions, that occurs in the City of Fridley will be a violation of this ordinance. 222.03. PENALTIES 1. Any discriminatory act occurring in the City of Fridley in violation of the provisions of this ordinance shall be a misdemeanor, punishable by fine of up to 90 days and $700 for each occurrence. 2. Nothing in these provisions shall in any way limit or restrict any person aggrieved by a discriminatory act governed by the provisions of this ordinance from seeking such additional remedies as may be available and provided under either applicable State or Federal law. 222.04. ENFORCEMENT 1. All criminal charges brought under these provisions shall be by a sworn, written complaint. 2. In all instances in which an allegation of a violation of this Title is brought to the attention of the City, the City may, in its discretion, investigate the matter utilizing its own staff and personnel, or defer the matter to the personnel of the State of Minnesota where an investigation is to occur under the relevant fair housing provisions of the Minnesota Human Rights Act. In any case in which State personnel are utilized for purposes of investigation of any alleged violation of the relevant provisions of the Minnesota Human Rights Act, those personnel shall have full authority to charge and prosecute violations of the CityÔs Fair Housing Code on behalf of the City of Fridley in addition to any other remedies and penalties a may be available to them under State law. Section 13 That the Fridley City Code Chapter 210, Hazardous Buildings, be hereby amended as follows: FRIDLEY CITY CODE CHAPTER 210. HAZARDOUS BUILDINGS 210.01. MINNESOTA STATUTES BY REFERENCE 248 Jufn!6/ Minnesota Statutes Sections 463.15 - 463.26 are hereby adopted by reference and shall be in full force and effect in the City of Fridley as if set out here in full. 210.02. ABATEMENT AND ASSESSMENT If after such service of notice, the owner fails to abate the nuisance or make the necessary repairs, alterations, or changes as directed by the City official, said official may abate the nuisance and assess costs according to the procedures established in Chapter 128 of the City Code. (Ref 1370) 210.03. 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. Section 14 That the Fridley City Code Chapter 218, Hazardous Waste Control, be hereby amended as follows: Fridley City Code Chapter 218. Hazardous Waste Control 218.01. Statement of Policy The City of Fridley deems it necessary to provide for the special and express regulation of hazardous waste storage and treatment facilities which exist as the principal use in order to protect the public health, safety and general welfare. 218.02. Definitions When used in this Chapter, the following terms have the following meanings: Accessory Use: A subordinate use which is located on the same lot as the principal use and is necessary or incidental for the conduct of the principal use. Disposal: The discharge, deposit, injection, dumping, spilling, leaking, or placing of any waste into or on any land or water so that the waste or any constituent thereof may enter the environment or be emitted into the air, or discharged into any waters, including ground waters. Environmental Assessment Worksheet or EAW: A brief document designed to set out the basic facts necessary to determine whether an EIS is required for a proposed project or to initiate the scoping process for an EIS. 249 Jufn!6/ Environmental Impact Statement: A detailed written statement as required by Minnesota Statutes, Section 116D.04. Hazardous Waste: Any refuse or discarded material or combinations of refuse or discarded materials in solid, semisolid, liquid, or gaseous form which cannot be handled by routine waste management techniques because they pose a substantial present or potential hazard to human health or other living organisms because of their chemical, biological, or physical properties. Categories of hazardous waste materials include, but are not limited to: explosives, flammables, oxidizers, poisons, irritants, and corrosives. Hazardous waste does not include sewage sludge and source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954,F as amended. Hazardous Waste Facility: Real or personal property that is used or is constructed to be used for the management of hazardous waste. Hazardous Waste Generation. The act or process of producing hazardous waste. Hazardous Waste Management. The systematic control of the collection, source separation, storage, transportation, processing, treatment, and disposal of hazardous waste. Hazardous Waste Processing Facility. A hazardous waste facility that is designed and operated to modify the chemical composition or chemical, physical or biological properties of a hazardous material by means such as incineration, reclamation, distillation, precipitation or other similar processes. Manifest. The form used for identifying the quantity, composition, and origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of treatment, storage or disposal. Principal Use: The purpose for which land or building or construction is or is to be used or occupied. Sludge: Any solid, semi-solid or liquid waste generated from a municipal, commercial, or industrial waste water treatment plant, water supply treatment plant, or air pollution control facility or any other such waste having similar characteristics and effects. Solid Waste: Garbage, refuse, sludge from a water supply treatment plant or air contaminant treatment facility, and other discarded waste materials from commercial, mining and agricultural operations, and from community activities, but does not include hazardous waste; animal waste used as fertilizer; earthen fill, boulders, rock; sewage sludge; solid or dissolved material in domestic sewage or other common pollutants in water resources, such as silt, dissolved or suspended solids in industrial waste water effluents or discharges which are point sources subject to permits under section 402 of the Federal Water Pollution Control Act, as amended, dissolved materials in irrigation 24: Jufn!6/ return flows; or source, special nuclear, or by-product material as defined by The Atomic Energy Act of 1954, as amended. Storage: The containment within a building of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste. Treatment: Any method, technique or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste or so as to render such waste non-hazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. Such term includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it non-hazardous. 218.03. Special Use Permit Requirement and Zoning 1. Hazardous waste storage and treatment facilities which are principal uses may be permitted only in Heavy Industrial (M-2) Zones after a special use permit has been obtained subject to all applicable provisions of this Chapter. 2. Hazardous waste storage and treatment facilities which are accessory uses to the principal use or operation may be permitted only after a special use permit has been obtained. 218.04. Special Permit Approval Criteria A Special Use Permit shall be approved only if consistent with all of the following objectives: 1. That the proposed hazardous waste facility is developed and operated in accordance with all applicable local, state, and federal laws, rules and regulations; 2. That the hazardous waste facility is developed and operated in such a manner so as to eliminate the possibility of ground water pollution in order to maintain the chemical, physical, and biological integrity of the nation's waters, in order to achieve and maintain a level of water quality which provides for the protection and propagation of fish, shell-fish, and wildlife and for recreation in and on the water; 3. That the proposed hazardous waste facility be developed and operated in such a manner so as to eliminate air pollution; 4. That sufficient safeguards against spills, fires, and explosions are established to protect the public health, safety and welfare to the greatest extent possible; 5. That the proposed site for hazardous waste facilities be developed in such a way so as to provide for opaque screening and landscaping to minimize the negative visual impacts from such a facility on any adjacent property; 251 Jufn!6/ 6. That the proposal is consistent with all applicable City of Fridley codes and regulations; 7. That the proposal be consistent with the City of Fridley Comprehensive Plan; and 8. If the Fire Department determines a need for specialized equipment, extinguishing agents or training, it shall be the responsibility of the facility owner or operator to prove same. 9. In addition to the above, any new principal use hazardous waste facility will not be located any closer than one thousand (1000) feet to any HUD flood plain, shoreland, wetland, body of water, or ground water recharge area or aquifer, in order to protect potential drinking water sources. 218.05. Special Use Permit Application Procedures 1. Prior to the submittal of a special use permit application, the developers or owners of the proposed facility shall meet with the City to review all applicable ordinances, regulations, and future plans for the area adjacent to the property being developed. 2. The application for the special use permit will be scheduled for a public hearing before the Planning Commission upon completion of the Environmental Quality Commission review. 3. The developers or owners of the proposed facility shall prepare preliminary drawings in accordance with the regulations of Section 218.07 and an environmental assessment worksheet and submit the same to the City, 60 days prior to the public hearing. 4. The Notice for Public Hearing shall be published in the official newspaper at least ten (10) days, but not more than twenty (20) days, prior to the public hearing, at which time the item will be heard. Notices will also be sent during this time period to property owners within fifteen hundred (1500) feet of the subject property. 5. The Planning Commission shall hold a public hearing on the proposed special use permit. During this public hearing, the requirements for preparing an Environmental Impact Statement will be investigated. Following the public hearing, the Planning Commission shall, within ninety (90) days, submit its recommendation to the City Council as to the appropriateness of the proposed development, and shall recommend if an Environmental Impact Statement is required and conditions of approval or disapproval, based upon the criteria set forth in Sections 218.03, 218.04 and 218.06 of this Chapter. 6. The application for the special use permit shall be scheduled for a City Council meeting. 7. The City Council, shall consider the application pursuant to Sections 218.04 and 218.06 and shall approve, disapprove, postpone. or modify the proposal. 252 Jufn!6/ 8. If it is determined that an Environmental Impact Statement is required, the applicant must prepare this report before the City Council will take final action on the special use permit application. 9. Should the City Council approve of the application for a special use permit and preliminary plans, the applicant shall file final plans with the City. The final plans shall be processed in the same manner as the special use permit and preliminary plans. A certified copy of the special use permit shall be recorded in the Office of the Anoka County Recorder or Registrar of Titles, pursuant to Minnesota Statutes, Section 462.3595, Subd. 4. 10. Should the City Council disapprove the application for a special use permit and preliminary plans, the owners or developers may prepare another preliminary plan and resubmit to the City. 218.06. General Findings As a prerequisite to the approval of the application for the special use permit, the City Council shall find that evidence presented established: 1. That safe and adequate access to the facility for general, service, and emergency purposes will be provided from non-residential major thoroughfares, and will not require the use of any residential collector or residential local streets; 2. That the operation of the facility will not produce fumes odors, noise, dust, smoke or gases which will adversely affect nearby properties; 3. That the issues raised in the EAW or EIS have been satisfactorily and adequately answered and addressed; 4. That the types of soil under and within one quarter mile of all portions of the proposed site to be used for storage, treatment, loading and handling of hazardous materials, as well as under all paved surface or roads leading to the facilities, shall not have a natural percolation rate in excess of 0.75 gallons per day per square foot; 5. That all surface water, ground water, sanitary sewer systems, and storm water systems will be protected so as to eliminate the probability of contamination by hazardous waste; and 6. That necessary fire fighting equipment and materials are available or will be provided by the owner/operator; 7. That the use of the proposed site for hazardous waste treatment will not endanger the public health or safety, or substantially reduce the value of adjoining or nearby property. 218.07. Preliminary Plans Required 253 Jufn!6/ 1. 1. Maps of the area within one half mile of the exterior property lines of the proposed site, and including the proposed site, which show: A. All dwelling units, other principal buildings and structures and streets; B. All significant topographical features; C. All surface water systems; D. All sanitary sewer systems; E. All storm water management systems; and F. All wells. 2. An engineering certification for the proposed site and the area within one half mile of the proposed site concerning the following factors: A. Depth to seasonally high water table; B. Soil drainage, composition, thickness in permeability; C. Flooding, ground water recharge areas, aquifers, and flood plains; D. Depth to bedrock; and E. Prevailing wind conditions. 3. Appropriate permits from the Minnesota Pollution Control Agency, Anoka County Health Board, Department of Natural Resources, - State Environmental Quality Board, State Waste Management Board, and the local watershed management organization for the proposed site are required. In addition, the operator must provide certificates that the proposed principal use facility is in compliance with the appropriate local, state and federal laws, rules and regulations governing air quality standards, water quality standards, and waste water standards. 4. A narrative explaining the estimated composition, quantities, and concentrations of any hazardous waste identified or listed by this Chapter, or combinations of any such hazardous waste and any other solid waste, proposed to be stored, treated, transported, and the time, frequency, or rate of which such waste is proposed to be stored, treated, or transported. 5. preliminary site plan - The preliminary site plan shall be drawn at a minimum scale of one (1) inch equals fifty (50) feet. The submission may be composed of one (1) or more sheets and drawings and shall include: 254 Jufn!6/ A. Location of all proposed buildings and their proposed uses; B. Location of driveway and parking areas; C. Front, rear and side yard setbacks; D. Square footage and dimensions of all proposed buildings; and E. Location of all easements, width and purpose. 6. The landscape plan shall be drawn at a minimum scale of one (1), inch equals fifty (50) feet and shall contain the following information: A. Areas for berming, sodding and screening; B. Location of proposed plantings, identifying materials as shade tree flowering tree, coniferous tree, or shrubs; C. Location of any existing vegetation; and D. Identification and location of any trees to be removed. 7. A grading and drainage plan shall be drawn at a minimum scale of one (1) inch equals one hundred (100) feet and shall contain the following information: A. Existing and proposed grades with a minimum of two (2) foot contour intervals to a known sea level datum; B. Spot elevations on all proposed hard surface areas; C. Estimated runoff of the area based upon one, ten and one hundred year storms; D. Location of proposed ponding areas indicating the size and depth of the pond, and amount of acre feet of water to be stored; and E. Finish floor elevations of all buildings. 8. Floor plans and elevations: All floor plans and elevations shall be drawn to a legible scale and include the following information: A. Floor plans indicating square footage and dimension of all proposed roams and areas within the structure, identifying the proposed uses for each room; and 255 Jufn!6/ B. Elevations of the proposed buildings, identifying exterior treatment such as materials to be used and the color C. Interior diking and retention areas identifying the volume to be contained and method of removal. 218.08. Final Plans Required 1. A final site plan shall be prepared at a scale of one (1) inch equals fifty (50) feet and shall contain the following information: A. Location of proposed buildings; B. Location of proposed driveways and parking areas; C. Front, rear, and side yard setbacks; and D. Square footage of all proposed buildings. 2. Final landscape plan shall be drawn at a scale of one (1) inch equals fifty (50) feet and shall contain the following: A. Plant types (botanical and common names), number, location, size, and method of installation; B. Areas to be sodded; C. Location of existing vegetation; D. Identification and location of trees to be removed. 3. Final grading and drainage plan shall be drawn at a scale of one (1) inch equals one hundred (100) feet and shall contain the following information: A. Existing and proposed grades with a minimum of two (2) foot contour intervals to a known sea level datum; B. Sufficient spot elevations on all proposed hard surface areas; C. Estimated runoff of the area based upon a one, ten and one hundred year storms; D. Location of proposed ponding areas indicating the size and depth of the pond, and amount of acre feet of water to be stored; 256 Jufn!6/ E. Finish floor elevations of all buildings; and F. Identify soils by type and location, including identification of the water table. and suitability of soil for the proposed development. 4. Final floor plans, construction drawings and elevations shall be drawn to a legible scale and shall include the following information: A. Plans indicating square footage, dimension, and uses of all proposed areas within the building; and B. Elevations of the proposed building, identifying exterior treatment, such as materials to be used and the color. C. Interior diking and retention areas identifying the volume to be contained and method of removal. 218.09. Changes in Plans 1. If the applicant proposes major changes in the final site plan that are inconsistent with the preliminary site plan, these changes can only be made by resubmission of a new preliminary site plan and new special use permit application to the City and rescheduling of this item before the Environmental Quality Commission, a new public hearing before the Planning Commission, and reviewal again by the City Council. The following constitute major changes: A. Increase in the size of the proposed structure or development; B. Change in architectural design or style; C. Increase in the height of the building; D. A major modification to the landscape plan; E. A significant reduction in proposed open space and buffering; F. A change in the development schedule; G. Change in road location or standards; and H. Other changes as determined to be major by the City Council. 257 Jufn!6/ 2. Minor Changes. The City Council may, in its discretion, permit minor deviations from the preliminary site plan, which do not change the concept or intent of the proposed development as previously approved. 218.10. Time Limitations If final plan approval is not granted within a six (6) month period from the time of the approval of the special use permit application and preliminary plans, the proposal shall be declared null and void and the applicant will have to re-file a preliminary plan and special use permit application with the City. 218.11. Standards 1. For principal use facilities, the property must be zoned M-2, Heavy Industrial District. 2. Minimum setbacks from, property line, major roads, and other buildings, shall be two hundred (200) feet. Minimum setbacks from any residential structure shall be four hundred (400) feet. 3. Minimum lot size shall be 10 acres; maximum lot coverage shall be 25%; maximum area for parking shall be 25%; maximum building height shall be 40 feet; building materials shall be concrete or brick; and no metal buildings shall be allowed. 4. Minimum landscape area shall be 50%. 5. The entire site shall be opaquely screened so that the building or parking or storage areas cannot be seen from a public street. 6. Minimum tree sizes: shade trees shall be 3 1/2 inch caliber small trees shall be 3 inch caliber; flowering trees shall be 3 inch caliber; shrubs shall be 3 feet in height; and coniferous trees shall be 12 to 15 feet in height. 7. No migration of water overland shall be permitted beyond the property lines. All ponding of water shall be contained on the site and provisions made to contain all water runoff so as not to discharge into the municipal sanitary sewer system or any storm water system or ditch. 8. Concrete curb and gutter shall be required along all parking areas. All parking areas shall be concrete surfaces. 9. No outdoor storage shall be permitted. 218.12. Record Keeping The operators of the hazardous waste facility shall maintain records of all hazardous waste identified or listed which is treated, transported, or stored, and the manner in which such waste are to be 258 Jufn!6/ treated, stored, or transported. The operators of the facility shall submit a quarterly report to the City Council, identifying the treatment, storage, or transport of all such waste received by the facility. 218.13. Inspection 1. For the purpose of enforcing the provisions of this Chapter, any person who generates, stores, treats, transports or otherwise handles or has handled hazardous waste, shall furnish information relating to such waste upon request of the following persons: City Building Inspector; Public Works Director; Police Chief; City Manager; or the Fire Chief. Such persons at all reasonable times shall have access to and the right to copy all records relating to such waste. 2. Any duly authorized City personnel shall be allowed at any reasonable time to enter any establishment or other place where hazardous wastes are or have been stored, treated, or transported from. 3. Any duly authorized City personnel shall be allowed to inspect and obtain samples from any person of any such waste and samples of any containers or labeling for such containers. 4. Any duly authorized City personnel can at any time, without prior consent, inspect the site for the possibility of any leakage, spills, or violations of any local, state, or federal law, rules or regulations. 5. Any records, reports, or information obtained by the City shall be made available to the public. 6. The existence of any violation of local, state or federal laws, rules or regulations shall require the closing of said facility until it has been determined by public hearing the reasons for said violations and the identification and implementation of additional safeguards to prevent future violations. 218.14. Requirements of Compliance Orders Any order issued pursuant to this Chapter may include a suspension or revocation of the special use permit issued under this Chapter and shall state with reasonable specificity the nature of the violation and specify a time for compliance. Any violation of this Chapter shall be considered a misdemeanor. 218.15. Monitoring Analysis and Testing 1. If City determines that the presence of any unauthorized hazardous wastes are being stored, treated, transported or disposed of, the City my demand that the facility be closed within four (4) hours upon written notice. 2. If the City determines that the release of any materials from a hazardous waste facility or site may present a substantial hazard to human health or the environment, the City may issue an order requiring the owner or operator of the facility to conduct such monitoring, testing, analysis and reporting with respect to such facility or site as the City deems reasonable to ascertain the nature and extent of such hazard, including spills, leaks, explosions, and fire. 259 Jufn!6/ 3. If the City determines that the owner or operator, is unable to conduct monitoring, testing, and analysis, or reporting satisfactory to the City, and if the City deems any such action carried out by the owner or operator to be unsatisfactory, or if the City cannot initially determine that there is an owner or operator who is able to conduct such monitoring, testing or reporting, the City may: A. Conduct monitoring, testing, or analysis, which it deems reasonable to ascertain the nature and extent of the hazard associated with the site concerned; or B. Authorize the state or a local authority or testing facility to carry out any such action; and C. Require the owner or operator to pay for the cost of monitoring, testing, or analysis done by outside agencies plus associated fees of 10% for City expenses. 218.16. Notice of Spills, Leaks, Explosions, Fires or Accidents In the event of any spill, leak, explosion, fire or accident, the owner or operator of the facility is required, within a one (1) hour time period, to notify the following individuals: Fire Chief, Police Chief. Anoka County Health Department and Minnesota Pollution Control Agency. Failure to report such incidents within the one (1) hour period shall constitute a misdemeanor. Section 15 That the Fridley City Code Chapter 202, House Trailers, be hereby amended as follows: Fridley City Code Chapter 202. House Trailers 202.01. PERMIT REQUIRED No person, firm, or corporation shall park, store or occupy a house trailer in the city of Fridley except in a duly licensed mobile home park or except by special permit as hereinafter provided. (Ref. 83) 202.02. SPECIAL PERMIT 1. A special permit for a limited period of time may be issued for the parking or occupancy of a trailer when approved by the Council. The Council in making its determination may consider the effect upon public health, safety, community planning, aesthetic considerations for the neighborhood, and property values. 2. The application, when presented to the Council, shall show the recommendation of the City Engineer/Director of Planning and/or Building Inspector. 25: Jufn!6/ 202.03. FEES The annual permit fee and expiration date for trailer parking or occupancy shall be as provided in Chapter 11 of this Code. 202.04. APPLICATION The application for a permit shall be made in writing to the City Clerk and supply the following information: 1. Name and permanent address of applicant. 2. Name of the owner of the trailer. 3. Description of the trailer, including make and size. 4. Name and address of the owner of the land where the trailer is proposed to be located. 5. Period of time the trailer is to be stored or occupied. 6. Use of the trailer. 7. Written approval of the owners of adjoining improved property. 8. Location of the trailer on the proposed property, including a plat plan of the property. 9. If the trailer is to be occupied, the following information should also be included: (a) the relationship, if any, between the trailer owner and the land owner; (b) the names and ages of all occupants; (c) the facilities for sewage disposal, water and electricity; (d) the place of employment of the applicant; and (e) whether the applicant is constructing a home in the area. Section 16 That the Fridley City Code Chapter 212, Mining, be hereby amended as follows: Fridley City Code Chapter 212. Mining 212.01. FINDING AND PURPOSE 1. The City of Fridley recognizes that surface mining exists and that this mining can be an aid to the preparation of development sites. The City further finds that it is not practicable to mine minerals required by society without disturbing the surface of the earth and producing waste materials. The danger exists that non-compatible land uses could unnecessarily deny the 261 Jufn!6/ benefit of these materials to society in the future. It is further found that the character of mining may create undesirable land and water conditions which can be detrimental to the health, safety, welfare and property rights of the citizens of the City of Fridley. However, if properly regulated and if reclamation of surface mined lands is required, mining can take place within the City in such a manner that undesirable side effects of the operation may be restricted to an acceptable level. 2. The purposes of this Chapter are as follows: A. To provide for the economical availability of sand, gravel, rock, soil and other materials. B. To establish uniform and reasonable limitations, safeguards and controls in the City, for the future mining of said materials. C. To control the effect of the mining operation upon adjacent property and other areas of the City. D. To provide for the restoration of the mining operation and mining area during, and after termination of, the removal operation. E. To control and minimize pollution caused by erosion or sedimentation, all in furtherance of the health, safety and general welfare of the citizens of Fridley, Minnesota. 212.02. RELATIONSHIP TO ZONING ORDINANCE This Chapter shall apply to areas within the City of Fridley in which the removal of minerals, including sand and gravel, is a permitted or special use. The standards and requirements set by this Chapter shall govern the issuance, renewal and termination of the mining permit. 212.03. DEFINITIONS 1. Dust. Air-borne, inorganic particulate matter other than smoke. 2. Minerals. Nonmetalic material found in the earth including, but not limited to, sand, gravel, rock and soil, which may be covered by overburden. 3. Mining, The removal, or extraction and processing, of minerals. 262 Jufn!6/ 4. Mining Permit. The permit required by this Chapter. 5. Overburden. Those materials which lie between the surface of the earth and the mineral deposit to be mined. 6. Rehabilitation. To renew land to a self-sustaining, long-term use which is compatible with contiguous. land uses in accordance with the standards set forth in this Chapter. 7. Topsoil. That portion of the overburden which lies closest to the earth's surface and supports the growth of vegetation. 212.04. MINING PERMIT 1. Except as hereinafter provided in this Chapter, it shall be unlawful for any operator to engage in mining without having first obtained a written permit from the City of Fridley authorizing the same. 2. Operators conducting operations governed by this Chapter and for which this Chapter requires a permit, shall be notified within 15 days of the adoption of this Chapter that they are required to make application for a permit. Upon notification, operators shall have 60 days in which to complete permit applications. Failure to apply for a permit within 60 days shall be a violation of this Chapter. 212.05. EXCEPTIONS The permit requirements established by this Chapter shall not apply to: 1. Emergency work necessary to preserve human life or property. Emergency work performed under this Section shall be reported to the City of Fridley at the earliest practical opportunity. An operator commencing emergency work shall within ten (10) days following the commencement of that activity, apply for the issuance of a mining permit and on the issuance thereof my be required to perform such work as determined to be reasonably necessary to correct any environmental impairment occasioned by such work. 2. Mining done in conjunction with a building permit or other permit required by the City. 212.06. APPLICATION FOR PERMIT 1. An application for a mining permit shall contain: 263 Jufn!6/ A. The name and address of the operator and owner of the land. B. The correct legal description of the property where the extraction is proposed to occur. C. Specifications of the following using appropriate maps, photographs, and surveys: (1) The physical relationship of the proposed mining area to the community and existing community development. (2) Site topography and natural features including location of water courses and water bodies within the planned mining area. (3) The quality and quantity of minerals to be excavated. (4) The depth of water tables throughout the planned mining area, (5) The average thickness of overburden in the area. D. The purpose of the operation. E. The estimated time required to complete the operation. F. The plan of operation, including processing (any operation other than direct mining and removal), nature of the processing and equipment, location of the plant, source of water, disposal of water, and reuse of water. G. The travel routes to and from the site. H. The plans for drainage, wind and water erosion control, sedimentation and dust control. 2. Referral to Planning Commission. A. The Planning Commission shall hold a public hearing on the application within sixty (60) days and shall provide published notice of said hearing at least ten (10) days before the hearing together with mailed notice to all property owners within 200 feet of the property affected. Failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with the mailed notice requirement has been made. B. The applicant or a representative therefor shall appear before the Planning Commission in order to answer questions concerning the mining permit application. The Planning Commission shall report its findings to the Council indicating its recommendation as to 264 Jufn!6/ approval or denial and specifying what, if any, conditions are necessary regarding the mining permit. 3. Council Action. Upon receiving the recommendations of the Planning Commission, the City Council shall take action within sixty (60) days and may affirm or deny the application by a simple majority vote. 4. Issuance. A. The issuance of any Mining Permit is dependent on the fact that the activities permitted will not be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof or to the public welfare, and will not impair the use, enjoyment, or value of any property. B. The issuance of any Mining Permit may also be subject to conditions in order to protect the public health, safety, convenience and welfare, or to avoid traffic congestion, or hazard, or other dangers, or to promote conformity of a proposed use with the character of the adjoining property and uses, and the district as a whole, or to protect such character, 212.07. STANDARDS 1. Operation shall be conducted within the confines of the property. 2. Operation shall not be conducted within: A. Five (5) feet of the right-of-way of an existing public utility. B. Fifty (50) feet of the boundary of any zone where such operations are not permitted. C. Thirty (30) feet of the boundary of an adjoining property not in mining use. 3. Fencing. During operations, access to any area where collections of water are one and one-half (1-1/2) feet in depth or more or where excavation slopes are steeper than one (1) foot vertical to one and one-half (1 1/2) feet horizontal and any other areas where obvious danger to the public exists shall be controlled by a four (4) foot tall fence. Such fencing shall have support posts spaced every ten. (10) feet. 4. Appearance and Screening. A. Machinery shall be kept operational. 265 Jufn!6/ B. Abandoned machinery and rubbish shall be removed from the site regularly. C. All structures that have not been used for a period of one (1) year shall be removed from the site. D. All equipment and temporary structures shall be removed and dismantled not later than six (6) months after termination of, the mining operation or expiration of this permit. E. Where practical, stockpiles of overburden and materials shall be used to screen the mining site. F. Where practical, the perimeter of the mining site shall be planted or otherwise screened. G. Existing trees and ground cover shall be preserved to the maximum extent feasible, and maintained and supplemented by selective cutting, transplanting and replanting of trees, shrubs, and other ground cover along all setback areas. 5. Operating Standards. A. Noise. The maximum noise level at the perimeter of the site shall be within the limits set by the Minnesota Pollution Control Agency and the Environmental Protection Agency of the United States. B. Hours All mining operations shall be conducted between 7 a.m. and 7 p.m. Monday through Saturday only. C. Explosives. The use and handling of explosives shall be coordinated with the police department. Blasting shall occur only at hours specified in the permit and at no other time. D. Dust. Operators shall utilize all practical mans to reduce the amount of dust caused by the operation. In no case shall the amount of dust or other particulate matter exceed the standards established by the Minnesota Pollution Control Agency. E. Water Pollution. 266 Jufn!6/ Operators shall comply with all applicable Minnesota Pollution Control Agency regulations and Federal and Environmental Protection Agency regulations for the protection of water quality. No waste products or process residue, including untreated wash water, shall be deposited in any lake, stream or natural drainage system, except that those lakes or ponds wholly contained within the extraction site may be so utilized. F. Topsoil Preservation. All topsoil shall be retained at the site until complete rehabilitation of the site has taken place according to the rehabilitation plan. 6. Rehabilitation Standards: A. Time. Rehabilitation shall be a continuing operation occurring as quickly as possible after the mining operation has moved sufficiently into another part of the extraction site. B. Slopes. All banks and slopes shall be left in accordance with the rehabilitation plan submitted with the permit application. No rehabilitated slope shall be steeper than four (4) feet horizontal to one (1) foot vertical, except that steeper slopes may be permitted in accordance with the rehabilitation plan when said slopes are planned for slope related usages, for example, ski hills and sliding hills. C. Cover and Planting. Slopes, graded, and backfilled areas shall be surfaced with at least three (3) inches of topsoil and planted with ground cover sufficient to hold the soil. Such ground shall be tended as necessary until it is self-sustained. D. Slopes to Water Bodies. No slope descending to a water body shall exceed one (1) foot vertical to four (4) feet horizontal. E. Water bodies. All water areas resulting from excavation shall be rehabilitated as follows: (1) All standing bodies, except those approved for storm water retention, will be filled with acceptable fill material by the end of each construction season. 267 Jufn!6/ (2) Any water body to be used for storm water retention must be approved by the Engineering Department. F. Final Elevation. No part of the rehabilitated area which is planned for utilization for uses other than open space or agriculture shall be at an elevation lower than the minimum required for gravity connection to sanitary and storm sewer. 212.08. FEES & BOND 1. The annual permit fee and expiration date shall be as provided by Chapter 11 of this Code. 2. The applicant shall post a surety bond acceptable to the City or a certified check in an equivalent amount for the sum of $1,000 per acre or fraction thereof for the land to be subjected to the mining operation running to Fridley to secure satisfactory performance of the requirements set forth in this Chapter. 212.09. VALIDITY The validity of any word, section, clause, paragraph, sentence, part or provision of this Chapter shall not effect the validity of any other part of this Chapter which can be given affect without such invalid part or parts. Section 17 That the Fridley City Code Chapter 208, Stormwater Management and Erosion Control, be hereby amended as follows: FRIDLEY CITY CODE CHAPTER 208. STORMWATER MANAGEMENT AND EROSION CONTROL 208.01 PURPOSE AND INTENT The purpose of this ordinance is to control or eliminate storm water pollution along with soil erosion and sedimentation within the City of Fridley. It establishes standards and specifications for conservation practices and planning activities, which minimize storm water pollution, soil erosion and sedimentation. 208.02 SCOPE Except where a variance is granted, any person, firm, sole proprietorship, partnership, corporation, state agency, or political subdivision proposing a land disturbance activity within the City of Fridley 268 Jufn!6/ shall apply to the city for the approval of the storm water pollution control plan. No land shall be disturbed until the plan is approved by the city and conforms to the standards set forth herein. 208.03 DEFINITIONS These definitions apply to this ordinance. Unless specifically defined below, the words or phrases used in this ordinance shall have the same meaning as they have in common usage. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The words ÑshallÒ and ÑmustÒ are always mandatory and not merely directive. 1. Applicant: Any person or group that applies for a building permit, subdivision approval, or a permit to allow land disturbing activities. Applicant also means that person's agents, employees, and others acting under this person's or groupÔs direction. The term ÑapplicantÒ also refers to the permit holder or holders and the permit holderÔs agents, employees, and others acting under this person's or groupÔs direction. 2. Best Management Practices (BMPs): Erosion and sediment control and water quality management practices that are the most effective and practicable means of controlling, preventing, and minimizing the degradation of surface water, including construction-phasing, minimizing the length of time soil areas are exposed, prohibitions, and other management practices published by state or designated area-wide planning agencies. 3. Common Plan of Development or Sale: A contiguous area where multiple separate and distinct land disturbing activities may be taking place at different times, or on different schedules, but under one proposed plan. This item is broadly defined to include design, permit application, advertisement or physical demarcation indicating that land disturbing activities may occur. 4. Developer: Any person, group, firm, corporation, sole proprietorship, partnership, state agency, or political subdivision thereof engaged in a land disturbance activity. 5. Development: Any land disturbance activity that changes the siteÔs runoff characteristics in conjunction with residential, commercial, industrial or institutional construction or alteration. 6. Discharge: The release, conveyance, channeling, runoff, or drainage, of storm water, including snowmelt, from a construction site. 7. Energy Dissipation: This refers to methods employed at pipe outlets to prevent erosion. Examples include, but are not limited to; aprons, riprap, splash pads, and gabions that are designed to prevent erosion. 8. Erosion: Any process that wears away the surface of the land by the action of water, wind, ice, or gravity. Erosion can be accelerated by the activities of people and nature. 269 Jufn!6/ 9. Erosion Control: Refers to methods employed to prevent erosion. Examples include soil stabilization practices, horizontal slope grading, temporary or permanent cover, and construction phasing. 10. Erosion and Sediment Practice Specifications or Practice: The management procedures, techniques, and methods to control soil erosion and sedimentation as officially adopted by the state, county, city or local watershed group, whichever is most stringent. 11. Exposed Soil Areas: All areas of the construction site where the vegetation (trees, shrubs, brush, grasses, etc.) or impervious surface has been removed, thus rendering the soil more prone to erosion. This includes topsoil stockpile areas, borrow areas and disposal areas within the construction site. It does not include temporary stockpiles or surcharge areas of clean sand, gravel, concrete or bituminous. Once soil is exposed, it is considered Ñexposed soil,Ò until it meets the definition of Ñfinal stabilization.Ò 12. Filter Strips: A vegetated section of land designed to treat runoff as overland sheet flow. They may be designed in any natural vegetated form from a grassy meadow to a small forest. Their dense vegetated cover facilitates pollutant removal and infiltration. 13. Final Stabilization: Means that all soil disturbing activities at the site have been completed, and that a uniform (evenly distributed, e.g., without large bare areas) perennial vegetative cover with a density of seventy-five (75) percent of the cover for unpaved areas and areas not covered by permanent structures has been established, or equivalent permanent stabilization measures have been employed. Simply sowing grass seed is not considered final stabilization. 14. Hydric Soils: Soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part. 15. Hydrophytic Vegetation: Macrophytic (large enough to be observed by the naked eye) plant life growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. 16. Impervious Surface: A constructed hard surface that either prevents or retards the entry of water into the soil, and causes water to run off the surface in greater quantities and at an increased rate of flow than existed prior to development. Examples include rooftops, sidewalks, patios, driveways, parking lots, storage areas, and concrete, asphalt, or gravel roads. 17. Land Disturbance Activity: Any land change that may result in soil erosion from water or wind and the movement of sediments into or upon waters or lands within the City of Fridley, including construction, clearing & grubbing, grading, excavating, transporting and filling of land. Within the context of this rule, land disturbance activity does not mean: A. Minor land disturbance activities such as home gardens and an individualÔs home landscaping, repairs, and maintenance work. 26: Jufn!6/ B. Additions or modifications to existing single family structures that which result in creating under five thousand (5,000) square feet of exposed soil or impervious surface. C. Construction, installation, and maintenance of fences, signs, posts, poles, and electric, telephone, cable television, utility lines or individual service connections to these utilities, which result in creating under five thousand (5,000) square feet of exposed soil or impervious surface. D. Tilling, planting, or harvesting of agricultural, horticultural, or forest crops. E. Emergency work to protect life, limb, or property and emergency repairs, unless the land disturbing activity would have otherwise required an approved erosion and sediment control plan, except for the emergency. If such a plan would have been required, then the disturbed land area shall be shaped and stabilized in accordance with the City of FridleyÔs requirements as soon as possible. F. Street and utility reconstruction projects that result in a net increase in impervious area of less than 5%. 18. Native Vegetation: The presettlement (Already existing in Minnesota at the time of statehood in 1858) group of plant species native to the local region, that were not introduced as a result of European settlement or subsequent human introduction. 19. Ordinary High Water Mark: Minnesota Statute 103G.005, subdivision 14 defines. ÑOrdinary high water levelÒ as the boundary of waterbasins, watercourses, public waters, and public waters wetlands, and: A. the ordinary high water level is an elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial; B. for watercourses, the ordinary high water level is the elevation of the top of the bank of the channel; and C. for reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. The term Ñordinary high water markÒ is further defined in Minnesota Rule 6120.2500, subpart 11. Ordinary high water marks are determined by the Minnesota Department of Natural ResourcesÔ area hydrologist. 271 Jufn!6/ 20. Paved Surface: A constructed hard, smooth surface made of asphalt, concrete or other pavement material. Examples include, but are not limited to, roads, sidewalks, driveways and parking lots. 21. Permanent Cover: Means Ñfinal stabilization.Ò Examples include grass, gravel, asphalt, and concrete. See also the definition of Ñfinal stabilization.Ò 22. Permit: With in the context of this code a ÑpermitÒ is a written warrant or license granted for construction, subdivision approval, or to allow land disturbing activities 23. Phased Project or Development: Clearing a parcel of land in distinct phases, with at least fifty percent (50%) of the projectÔs preceding phase meeting the definition of Ñfinal stabilizationÒ and the remainder proceeding toward completion, before beginning the next phase of clearing. 24. Runoff Coefficient: The fraction of total precipitation that is not infiltrated into or otherwise retained by the soil, concrete, asphalt or other surface upon which it falls, that will appear at the conveyance as runoff. This coefficient is usually estimated for an event or on an average annual basis. 25. Sediment: The product of an erosion process; solid material both mineral and organic, that is in suspension, is being transported, or has been moved by water, wind, or ice, and has come to rest on the earth's surface either above or below water level. 26. Sedimentation: The process or action of depositing sediment. 27. Sediment Control: The methods employed to prevent sediment from leaving the development site. Examples of sediment control practices are silt fences, sediment traps, earth dikes, drainage swales, check dams, subsurface drains, pipe slope drains, storm drain inlet protection, and temporary or permanent sedimentation basins. 28. Significant Redevelopment: Alterations of a property that changes the ÑfootprintÒ of a site or building in such a way that results in the disturbance of over one (1) acre of land. This term is not intended to include activities, which would not be expected to cause adverse storm water quality impacts and offer no new opportunity for storm water controls, such as exterior remodeling. 29. Soil: The unconsolidated mineral and organic material on the immediate surface of the earth. For the purposes of this document, temporary stockpiles of clean sand, gravel, aggregate, concrete or bituminous materials are not considered ÑsoilÒ stockpiles. 30. Stabilized: The exposed ground surface after it has been covered by sod, erosion control blanket, riprap, pavement or other material that prevents erosion. Simply sowing grass seed is not considered stabilization. 272 Jufn!6/ 31. Steep Slope: Any slope steeper than fifteen (15) percent (Fifteen (15) feet of rise for every one hundred (100) feet horizontal run). 32. Storm Water: Under Minnesota Rule 7077.0105, subpart 41b storm water, Ñmeans precipitation runoff, storm water runoff, snow melt runoff, and any other surface runoff and drainage.Ò (According to the Code of Federal Regulations (CFR) under 40 CFR 122.26 \[b\]\[13\], ÑStorm water means storm water runoff, snow melt runoff and surface and drainage.Ò). Storm water does not include construction site dewatering. 33. Storm Water Pollution Control Plan: A joint storm water and erosion and sediment control plan that is a document containing the requirements of Section 208.05, that when implemented will decrease soil erosion on a parcel of land and off-site nonpoint pollution. It involves both temporary and permanent controls. 34. Stormwater Pond or Basin: A permanent man-made structure used for the temporary storage of runoff. Detention Pond is considered a permanent man-made structure containing a temporary pool of water. A Retention Pond or a Wet Retention Facility is considered a permanent man-made structure containing a permanent pool of water. 35. Structure: Anything manufactured, constructed or erected which is normally attached to or positioned on land, including portable structures, earthen structures, roads, parking lots, and paved storage areas. 36. Subdivision: Any tract of land divided into building lots for private, public, commercial, industrial, etc. development. Minnesota Rule 6120.2500, subpart 17 defines subdivision as,Ò land that is divided for the purpose of sale, rent, or lease, including planned unit development.Ò 37. Temporary Protection: Short-term methods employed to prevent erosion. Examples of such protection are straw, mulch, erosion control blankets, wood chips, and erosion netting. 38. Vegetated or Grassy Swale: A vegetated earthen channel that conveys storm water, while treating the storm water by biofiltration. Such swales remove pollutants by both filtration and infiltration. 39. Very Steep Slope: Any slope steeper than one foot of rise for each three feet of horizontal run (Thirty-three (33) percent slope 40. Waters of the State: As defined in Minnesota Statutes section 115.01, subdivision 22 the term Ñ. . . ÑÔwaters of the stateÔ means all streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereof.Ò 273 Jufn!6/ 41. Wetlands: As defined in Minnesota Rules 7050.0130, subpart F, Ñ. . . ÓwetlandsÔ are those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Constructed wetlands designed for wastewater treatment are not waters of the state. Wetlands must have the following attributes: A. A predominance of hydric soils; B. Inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in a saturated soil condition; and C.Under normal circumstances support a prevalence of such vegetation.Ò 208.04 TECHNICAL GUIDES The following handbooks are adopted by reference: 1. ÑProtecting Water Quality in Urban AreasÒ, Minnesota Pollution Control Agency 2. ÑStorm-Water and Wetlands: Planning and Evaluation Guidelines for Addressing Potential Impacts of Urban Storm-Water and Snow-Melt Runoff on WetlandsÒ, Minnesota Pollution Control Agency 3. ÑMinnesota Urban Small Sites BMP ManualÒ, Metropolitan Council 4. ÑStorm Water Management for Construction Activities: Developing Pollution Prevention Plans and Best Management PracticesÒ, United States Environmental Protection Agency 5. ÑErosion Control Design ManualÒ, Minnesota Department of Transportation 6. ÑField Office Technical Guide of the United States Department of AgricultureÒ, Soil Conservation Service 7. ÑSoil Survey of Anoka CountyÒ, developed by the United States Department of Agriculture, Soil Conservation Service 8. Minnesota Construction Site Erosion and Sediment Control Planning Handbook 208.05 STORMWATER POLLUTION CONTROL PLAN Every applicant for a building permit, subdivision approval, or a permit to allow land disturbing activities must submit a storm water pollution control plan to the city engineer. No building permit, 274 Jufn!6/ subdivision approval, or permit to allow land disturbing activities shall be issued until the city approves this plan. 1. Storm Water Runoff Rates. Release rates from storm water treatment basins shall not increase over the predevelopment twenty-four (24) hour two (2) year, ten (10) year and one hundred (100) year peak storm discharge rates, based on the last ten (10) years of how that land was used. Accelerated channel erosion must not occur as a result of the proposed activity. For discharges to wetlands volume control is more important than discharge rate control. 2. The Storm Water Pollution Control Plan and the Grading Plan. The storm water pollution control planÔs measures, the limit of disturbed surface shall be marked on the approved grading plan, and identified with flags, stakes, signs etc. on the development site before work begins. 3. Inspections of the Storm Water Pollution Control PlanÔs Measures. At a minimum, such inspections shall be done weekly by the developer or the developerÔs designated representative, and within twenty-four (24) hours after every storm or snow melt event large enough to result in runoff from the site (approximately 0.25 inches or more in twenty-four (24) hours). At a minimum, these inspections shall be done during active construction. 4. Minimum Requirements of the Storm Water Pollution Control Plan. The plan shall contain or consider: A. The name and address of the applicant and the location of the activity. B. Project description: the nature and purpose of the land disturbing activity and the amount of grading, utilities, and building construction involved. C. Phasing of construction: time frames and schedules for the projectÔs various aspects. D. A map of the existing site conditions: existing topography, property information, steep and very steep slopes, existing drainage systems/patterns, type of soils, waterways, wetlands, vegetative cover, and one hundred (100) year flood plain boundaries. E. A site construction plan that includes the location of the proposed land disturbing activities, stockpile locations, erosion and sediment control plan, construction schedule, and the plan for the maintenance and inspections of the storm water pollution control measures. F. Adjacent areas: neighboring streams, lakes, residential areas, roads, etc., which might be affected by the land disturbing activity. G. Designate the siteÔs areas that have the potential for serious erosion problems. H. Erosion and sediment control measures: the methods that will be used to control erosion and sedimentation on the site, both during and after the construction process. 275 Jufn!6/ I.Permanent stabilization: how the site will be stabilized after construction is completed, including specifications, time frames or schedules. J.Calculations: any that were made for the design of such items as sediment basins, wet detention basins, diversions, waterways, infiltration zones and other applicable practices. 5. General Storm Water Pollution Control Plan Criteria. The plan shall address the following: A. Stabilizing all exposed soils and soil stockpiles and the related time frame or schedule. B. Establishing permanent vegetation and the related time frame or schedule. C. Preventing sediment damage to adjacent properties and other designated areas such as streams, wetlands, lakes and unique vegetation (Oak groves, rare and endangered species habitats, etc.) D. Scheduling for erosion and sediment control practices. E. Where permanent and temporary sedimentation basins will be located. F. Engineering the construction and stabilization of steep and very steep slopes. G. Measures for controlling the quality and quantity of storm water leaving a site. H. Stabilizing all waterways and outlets. I. Protecting storm sewers from the entrance of sediment. J.What precautions will be taken to contain sediment, when working in or crossing water bodies. K. Restabilizing utility construction areas as soon as possible. L. Protecting paved roads from sediment and mud brought in from access routes. M. The eventual disposing of temporary erosion and sediment control measures. N. How The temporary and permanent erosion and sediment controls will be maintained. O. The disposal of collected sediment and floating debris. 6. Minimum Storm Water Pollution Control Measures and Related Inspections. These minimum control measures are required where bare soil is exposed. Due to the diversity of individual construction sites, each site will be individually evaluated. Where additional control measures are 276 Jufn!6/ needed, they will be specified at the discretion of the city engineer. The city will determine what action is necessary. A. All grading plans and building site surveys must be reviewed by the city for the effectiveness of erosion control measures in the context of site topography and drainage. B. Sediment control measures must be properly installed by the builder before construction activity begins. Such structures may be adjusted during dry weather to accommodate short term activities, such as those allowing the passage of very large vehicles. As soon as this activity is finished or before the next runoff event, the erosion and sediment control structures must be returned to the configuration specified by the city. A sediment control inspection must then be scheduled, and passed before a footing inspection will be done. C. Diversion of channeled runoff around disturbed areas, if practical, or the protection of the channel. D. Easements. If a storm water management plan involves directing some or all of the siteÔs runoff, the applicant or his designated representative shall obtain from adjacent property owners any necessary easements or other property interests concerning the flowing of such water. E. The scheduling of the siteÔs activities to lessen their impact on erosion and sediment creation, so as to minimize the amount of exposed soil. F. Control runoff as follows (Either 1 and 2 or 1 and 3): (1) Unless precluded by moderate or heavy snow cover (Mulching can still occur if a light snow cover is present.), stabilize all exposed inactive disturbed soil areas within two hundred (200) feet of any water of the state, or within two hundred (200) feet of any conveyance (curb, gutter, storm sewer inlet, drainage ditch, etc.) with sod, seed or weed- free mulch. This must be done, if the applicant will not work the area for seven (7) days on slopes greater than three (3) feet horizontal to one (1) foot vertical (3:1), fourteen (14) days on slopes ranging from 3:1 to 10:1 and twenty-one (21) days for slopes flatter than 10:1. (2) For disturbed areas greater than five (5) acres construct temporary or permanent sedimentation basins. Sedimentation basins must have a minimum surface area equal of at least 1% of the area draining to basin, and be constructed in accordance with accepted design specifications including access for operations and maintenance. Basin discharge rates must also be controlled to prevent erosion in the discharge channel. (3) For disturbed areas less than five (5) acres sedimentation basins are encouraged, but not required, unless required by the city engineer. The applicant shall install erosion and sediment controls at locations directed by the city. Minimum requirements include silt 277 Jufn!6/ fences, rock check dams, or other equivalent control measures along slopes. Silt fences are required along channel edges to reduce the amount of sediment reaching the channel. Silt fences, rock check dams, etc. must be regularly inspected and maintained. The applicant is also required to obtain a National Pollutant Discharge Elimination System/State Disposal System (NPDES/SDS) construction storm water permit from the Minnesota Pollution Control Agency for any project that disturbs one (1) acre or more of land. This one acre value also applies to a common plan of development or sale. G. Sediment basins related to impervious surface area. Where a project's ultimate development replaces surface vegetation with one (1) or more acres of cumulative impervious surface, and all runoff has not been accounted for in a local unit of government's existing storm water management plan or practice, the runoff must be discharged to a wet sedimentation basin prior to entering waters of the state. (1) At a minimum the work shall conform with the current version of the Minnesota Pollution Control AgencyÔs publication, ÑProtecting Water Quality in Urban Areas,Ò and the current requirements found in the same agencyÔs NPDES/SDS permits for storm water associated with construction activities. H. Generally, sufficient silt fence shall be required to hold all sheet flow runoff generated at an individual site, until it can either infiltrate or seep through silt fenceÔs pores. I. Temporary stockpiling of fifty (50) or more cubic yards of excess soil on any lot or other vacant area shall not be allowed without issuance of a grading permit for the earth moving activity in question. J. For soil stockpiles greater than ten (10) cubic yards the toe of the pile must be more than twenty-five (25) feet from a road, drainage channel or storm water inlet. If such stockpiles will be left for more than seven (7) days, they must be stabilized with mulch, vegetation, tarps or other means. If left for less than seven (7) days, erosion from stockpiles must be controlled with silt fences or rock check dams. (1) If for any reason a soil or non-soil stockpile of any size is located closer than twenty-five (25)feet from a road, drainage channel or storm water inlet, and will be left for more than seven (7) days, it must be covered with tarps or controlled in some other manner. (2) All non-soil (clean sand, gravel, concrete or bituminous) must at a minimum have a silt fencing or other effective sediment control measures installed. K. All sand, gravel or other mining operations taking place on the development site shall apply for a Minnesota Pollution Control Agency National Pollutant Discharge Elimination System General Storm Water permit for industrial activities and all required Minnesota Department of Natural Resources permits. 278 Jufn!6/ L. Temporary rock construction entrances, or equally effective means of preventing vehicles from tracking sediment from the site, may be required wherever vehicles enter and exit a site. (1) Vehicle tracking of sediment from the site must be minimized by BMPs such as stone pads, concrete or steel wash racks, or equivalent systems. Street sweeping must be used if such BMPs are not adequate. M. Parking is prohibited on all bare lots and all temporary construction entrances, except where street parking is not available. Gravel entrances are to be used for deliveries only as per the development contract. N. Streets must be cleaned and swept whenever tracking of sediments occurs. Sediment shall not be allowed to remain on the streets if the site is to be left idle for weekends or holidays. A regular sweeping schedule should be established. O. Water (impacted by the construction activity) removed from the site by pumping must be treated by temporary sedimentation basins, geotextile filters, grit chambers, sand filters, up- flow chambers, hydro-cyclones, swirl concentrators or other appropriate controls. Such water shall not be discharged in a manner that causes erosion or flooding of the site, receiving channels, adjacent property or a wetland. P. All storm drain inlets must be protected during construction until control measures are in place with either silt fence or an equivalent barrier that meets accepted design criteria, standards and specifications as contained in the latest version of the Minnesota Pollution Control AgencyÔs publication, ÒProtecting Water Quality in Urban Areas.Ò Q. Roof drain leaders. All newly constructed and reconstructed buildings shall route roof drain leaders to pervious areas (not natural wetlands) where the runoff can infiltrate whenever practical. The discharge rate shall be controlled so that no erosion occurs in the pervious areas. R. Removal from the projectÔs site of more than one (1) acre of topsoil shall not be done, unless written permission is given by the city engineer. Excessive removal of topsoil from the projectÔs site can cause significant current and future soil erosion problems. S. Inspection and maintenance. All storm water pollution control management facilities must be designed to minimize the need of maintenance, to provide easy vehicle (typically eight (8) feet or wider) and personnel access for maintenance purposes and be structurally sound. These facilities must have Storm Water Maintenance Agreement that ensures continued effective removal of the pollutants carried in storm water runoff. The owner shall inspect all storm water management facilities during construction, twice during the first year of operation and at least once every year thereafter. The city will keep all inspection records on file for a period of six (6) years. 279 Jufn!6/ (1) Inspection and maintenance easements. It shall be the responsibility of the applicant to obtain any necessary easements or other property interests to allow access to the storm water management facilities for inspection and maintenance purpose. T. Follow-up inspections must be performed by the owner on a regular basis to ensure that erosion and sediment control measures are properly installed and maintained. In all cases the inspectors will attempt to work with the applicant and/or builder to maintain proper erosion and sediment control at all sites. (1) In cases where cooperation is withheld, construction stop orders may be issued by the city, until all erosion and sediment control measures meet specifications. A second erosion and sediment control/grading inspection must then be scheduled and passed before the final inspection will be done. U. All infiltration areas must be inspected to ensure that sediment from ongoing construction activities is not reaching infiltration areas, and that these areas are also being protected from soil compaction from the movement of construction equipment. 7. Permanent Storm Water Pollution Controls. A. The applicant shall install and construct all permanent storm water management facilities necessary to manage increased runoff, so that the discharge rates from storm water treatment basins, such that the predevelopment twenty-four (24) hour two (2) year, ten (10) year, and one hundred (100) year peak storm discharge rates are not increased. These predevelopment rates shall be based on the last ten (10) years of how that land was used. Accelerated channel erosion must not occur as a result of the proposed land disturbing or development activity. (1) All calculations and information used in determining these peak storm discharge rates shall be submitted along with the storm water pollution control plan. B.The applicant shall consider reducing the need for permanent storm water management facilities by incorporating the use of natural topography and land cover such as natural swales and depressions as they exist before development to the degree that they can accommodate the additional flow of treated (e.g., settled) water without compromising the integrity or quality of the wetland or pond. C.The following permanent storm water management practices must be investigated in developing the storm water management part of the storm water pollution control plan in the following descending order of preference: 27: Jufn!6/ (1) Protect and preserve as much natural or vegetated area on the site as possible, minimizing impervious surfaces. Direct runoff to vegetated areas rather than to adjoining streets, storm sewers and ditches. (2) Flow attenuation of treated storm water by the use of open vegetated swales and natural depressions. (3) Storm water ponding facilities (including percolation facilities); and (4) A combination of successive practices may be used to achieve the applicable minimum control requirements specified in subsection (C) above. The applicant shall provide justification for the method selected. D. Redevelopment of existing parcels must provide treatment of stormwater from impervious surfaces even if the amount of impervious remains the same or is reduced. Treatment may be accomplished through the use of ponding areas, infiltration areas, or structural stormwater treatment devices. The applicant shall submit documentation showing the chosen method will remove in excess of 80% of suspended solids and other pollutants from a 1.5 inch 24 hour storm event E .The applicant shall be required to sign and file a Stormwater Maintenance Agreement that ensures continued effective removal of the pollutants carried in storm water runoff. The Agreement also ensures continued maintenance, cleaning and upkeep of the facility. 8. Minimum Design Standards for Storm Water Wet Detention Facilities. At a minimum these facilities must conform to the most current technology as reflected in the current version of the Minnesota Pollution Control AgencyÔs publication, ÑProtecting Water Quality in Urban AreasÒ and the current requirements found in the same agencyÔs NPDES permits for storm water associated with construction activities. 9. Minimum Protection for Natural Wetlands. A. Runoff must not be discharged directly into wetlands without appropriate quality (e.i., treated) and quantity runoff control, depending on the individual wetlandÔs vegetation sensitivity. See the current version of the Minnesota Pollution Control AgencyÔs publication, ÑStorm- Water and Wetlands: Planning and Evaluation Guidelines for Addressing Potential Impacts of Urban Storm-Water and Snow-Melt Runoff on WetlandsÒ for guidance. B. Wetlands must not be drained or filled, wholly or partially, unless replaced by either restoring or creating wetland areas of at least equal public value. Compensation, including the replacement ratio and quality of replacement should be consistent with the requirements 281 Jufn!6/ outlined in the Board of Water and Soil Resources rules that implement the Minnesota Wetland Conservation Act of 1991 including any and all amendments to it. C. Work in and around wetlands must be guided by the following principles in descending order of priority: (1) Avoid both the direct and indirect impact of the activity that may destroy or diminish the wetland. (2) Minimize the impact by limiting the degree or magnitude of the wetland related activity. (3) Rectify the impact by repairing, rehabilitating, or restoring the affected wetland environment with one of at least equal public value. (4) Reduce or eliminate the adverse impact over time by preservation and maintenance operations during the life of the activity. 10. Models/Methodologies/Computations. Hydrologic models and design methodologies used for the determining runoff characteristics and analyzing storm water management structures must be approved by the city engineer. Plans, specifications and computations for storm water management facilities submitted for review must be sealed and signed by a registered professional engineer. All computations must appear in the plans submitted for review, unless otherwise approved by the city engineer. 208.06 REVIEW The city engineer shall review the storm water pollution control plan. 1. Permit Required. If the city determines that the storm water pollution control plan meets the requirements of this ordinance, the city shall issue a permit valid for a specified period of time, that authorizes the land disturbance activity contingent on the implementation and completion of the storm water pollution control plan. 2. Permit Denial. If the city determines that the storm water pollution control plan does not meet the requirements of this ordinance, the city shall not issue a permit for the land disturbance activity. A. All land use and building permits for the site in question must be suspended until the applicant has an approved storm water pollution control plan. 3. Permit Suspension and Revocation If the storm water pollution control plan is not being implemented the city can suspend or revoke the permit authorizing the land disturbance activity. 208.07 MODIFICATION OF PLAN 282 Jufn!6/ An approved storm water pollution control plan may be modified on submission of a written application for modification to the city, and after written approval by the city engineer. In reviewing such an application, the city engineer may require additional reports and data. 1. Records Retention. The city shall retain the written records of such modifications for at least three ( 3 ) years. 208.08 FINANCIAL SECURITIES The applicant shall provide a financial security for the performance of the work, in conjunction with a building permit or land alteration permit, described and delineated on the approved grading plan involving the storm water pollution control plan and any storm water and pollution control plan related remedial work in, at a rate of three thousand dollars ($3,000) per acre for the maximum acreage of soil that will be simultaneously exposed to erosion during the projectÔs construction. (See the definitions of Ñexposed soil areaÒ and Ñfinal stabilizationÒ for clarification.) This security must be available prior to commencing the project. The form of the security must be: A. By cash security deposited to the city for thirty percent (30%) of the total financial security when less than five (5) acres of soil will be simultaneously exposed. When over five (5) acres of soil will be simultaneously exposed to erosion, then the cash security increases to the first five thousand dollars ($5,000) or ten percent (10%) of the total financial security, whichever is greater. B. The remainder of the financial security shall be placed either with the city, a responsible escrow agent, or trust company, at the option of the city, money, an irrevocable letter of credit, negotiable bonds of the kind approved for securing deposits of public money or other instruments of credit from one or more financial institutions, subject to regulation by the state and federal government wherein said financial institution pledges that the funds are on deposit and guaranteed for payment. This security shall save the city free and harmless from all suits or claims for damages resulting from the negligent grading, removal, placement or storage of rock, sand, gravel, soil or other like material within the city. The type of security must be of a type acceptable to the city. C. The city may request a greater financial security, if the city considers that the development site is especially prone to erosion, or the resource to be protected is especially valuable. D. If more soil is simultaneously exposed to erosion than originally planned, the amount of the security shall increase in relation to this additional exposure. 1. MAINTAINING THE FINANCIAL SECURITY If at anytime during the course of the work this amount falls below 50% of the required deposit, the applicant shall make another deposit in the amount necessary to restore the deposit to the required amount within five (5) days. Otherwise the city may: 283 Jufn!6/ A. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy. B. Revoke any permit issued by the city to the applicant for the site in question and any other of the applicantÔs sites within the cityÔs jurisdiction. 2. PROPORTIONAL REDUCTION OF THE FINANCIAL SECURITY When more than one-third of the applicantÔs maximum exposed soil area achieves final stabilization, the city can reduce the total required amount of the financial security by one-third, if recommended in writing by the city engineer. When more than two-thirds of the applicantÔs maximum exposed soil area achieves final stabilization, the city can reduce the total required amount of the financial security by two-thirds of the initial amount, if recommended in writing by the city engineer. 3. ACTION AGAINST THE FINANCIAL SECURITY The city may act against the financial security, if any of the conditions listed below exist. The city shall use funds from this security to finance any corrective or remedial work undertaken by the city or a contractor under contract to the city and to reimburse the city for all direct cost incurred in the process of remedial work including, but not limited to, staff time and attorney's fees. A.The applicant ceases land disturbing activities and/or filling and abandons the work site prior to completion of the city approved grading plan. B. The applicant fails to conform to any city approved grading plan and/or the storm water pollution control plan as approved by the city, or related supplementary instructions. C. The techniques utilized under the storm water pollution control plan fail within one (1) year of installation. D. The applicant fails to reimburse the city for corrective action taken under 208.09. E. Emergency action under either 208.08.4 (below) or any part of 208.09. 4. EMERGENCY ACTION If circumstances exist such that noncompliance with this ordinance poses an immediate danger to the public health, safety and welfare, as determined by the city engineer, the city may take emergency preventative action. The city shall also take every reasonable action possible to contact and direct the applicant to take any necessary action. Any cost to the city may be recovered from the applicantÔs financial security. 5. RETURNING THE FINANCIAL SECURITY 284 Jufn!6/ Any unspent amount of the financial security deposited with the city for faithful performance of the storm water pollution control plan and any storm water and pollution control plan related remedial work must be released not more than one (1) full year after the completion of the installation of all such measures and the establishment of final stabilization. 208.09 NOTIFICATION OF FAILURE OF THE STORM WATER POLLUTION CONTROL PLAN The city shall notify the applicant, when the city is going to act on the financial securities part of this ordinance. 1. NOTIFICATION BY THE CITY The initial contact will be to the party or parties listed on the application and/or the storm water pollution control plan as contacts. Except during an emergency action under 208.08.4, forty-eight (48) hours after notification by the city or seventy-two (72) hours after the failure of erosion control measures, whichever is less, the city at its discretion, may begin corrective work. Such notification should be in writing, but if it is verbal, a written notification should follow as quickly as practical. If after making a good faith effort to notify the responsible party or parties, the city has been unable to establish contact, the city may proceed with the corrective work. A. There are conditions when time is of the essence in controlling erosion. During such a condition the city may take immediate action, and then notify the applicant as soon as possible. 2. EROSION OFF-SITE If erosion breaches the perimeter of the site, the applicant shall immediately develop a cleanup and restoration plan, obtain the right-of-entry from the adjoining property owner, and implement the cleanup and restoration plan within forty-eight (48) hours of obtaining the adjoining property owner's permission. In no case, unless written approval is received from the city, shall more than seven (7) calendar days go by without corrective action being taken. If in the discretion of the city, the applicant does not repair the damage caused by the erosion, the city may do the remedial work required and charge the cost to the applicant. 3. EROSION INTO STREETS, WETLANDS OR WATER BODIES If eroded soils (including tracked soils from construction activities) enter or appear likely to enter streets, wetlands, or other water bodies, prevention strategies, cleanup and repair must be immediate. The applicant shall provide all traffic control and flagging required to protect the traveling public during the cleanup operations. 4. FAILURE TO DO CORRECTIVE WORK 285 Jufn!6/ When an applicant fails to conform to any provision of 208.08 or 208.09 within the time stipulated, the city may take the following actions: A. Withhold the scheduling of inspections and/or the issuance of a Certificate of Occupancy. B. Suspend or revoke any permit issued by the city to the applicant for the site in question or any other of the applicantÔs sites within the cityÔs jurisdiction. C. Direct the correction of the deficiency by city forces or by a separate contract. The issuance of a permit for land disturbance activity constitutes a right-of-entry for the city or its contractor to enter upon the construction site for the purpose of correcting erosion control deficiencies. D. All costs incurred by the city in correcting storm water pollution control deficiencies must be reimbursed by the applicant. If payment is not made within thirty (30) days after costs are incurred by the city, payment will be made from the applicantÔs financial securities as described in 208.08. E. If there is an insufficient financial amount in the applicantÔs financial securities as described in 208.08, to cover the costs incurred by the city, then the city may assess the remaining amount against the property. As a condition of the permit for land disturbance activities, the owner shall waive notice of any assessment hearing to be conducted by the city, concur that the benefit to the property exceeds the amount of the proposed assessment, and waive all rights by virtue of Minnesota Statute 429.081 to challenge the amount or validity of the assessment. 208.10 VARIANCE In any case where, upon application of the responsible person or persons, the city finds that by reason of exceptional circumstances, strict conformity with this ordinance would be unreasonable, impractical, or not feasible under the circumstances; the city in its discretion may grant a variance therefrom upon such conditions as it may prescribe for prevention, control, or abatement of pollution in harmony with the general purposes of this ordinance. The public shall be a given the opportunity for comment. 1. Variance Request. The variance request must be in writing in a form acceptable to the city. 2. Variance Public Notice. The variance request shall be public noticed in the normal manner used for city council meeting items, to allow the public an opportunity for comment. 3. Variance Determination. After the public has been given the right to comment, the variance shall either be approved or disapproved by a vote of the city council. 286 Jufn!6/ 4. Variance Response. The variance response must be in writing, and include the justification for either granting or denying the requested variance. A favorable response shall also include any special conditions imposed by the city. 5. Time Limit. If the variance is not acted upon within one (1) year of being granted, the variance shall become void. 6. Revocation. If any of the varianceÔs conditions are violated, the city may revoke the variance. 208.11 ENFORCEMENT The city shall be responsible enforcing this ordinance. 1. Penalties. Any person, firm, or corporation failing to comply with or violating any of these regulations, shall be deemed guilty of a misdemeanor and be subject to a fine or imprisonment or both as defined in Chapter 901. All land use and building permits shall be suspended until the applicant has corrected the violation. Each day that a separate violation exists shall constitute a separate offense. 208.012 RIGHT OF ENTRY AND INSPECTION 1. Powers. The applicant shall promptly allow the city and their authorized representatives, upon presentation of credentials to: A. Enter upon the permitted site for the purpose of obtaining information, examination of records, conducting investigations, inspections or surveys. B. Bring such equipment upon the permitted site as is necessary to conduct such surveys and investigations. C. Examine and copy any books, papers, records, or memoranda pertaining to activities or records required to be kept under the terms and conditions of this permitted site. D. Inspect the storm water pollution control measures. E. Sample and monitor any items or activities pertaining to storm water pollution control measures. F. Any temporary or permanent obstruction to the safe and easy access of such an inspection shall be promptly removed upon the inspectorÔs request. The cost of providing such access shall be born by the applicant. 208.13 ABROGATION AND GREATER RESTRICTIONS 287 Jufn!6/ It is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. 208.14 SEVERABILITY The provisions of this ordinance are severable, and if any provisions of this ordinance, or application of any provision of this ordinance to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this ordinance must not be affected thereby. Section 18 That the Fridley City Code Chapter 224, Stormwater Illicit Discharge Detection and Elimination, be hereby amended as follows: Fridley City Code Chapter 224. Stormwater Illicit Discharge Detection and Elimination 224.01. Purpose of Chapter The purpose of this chapter is to provide for the health, safety, and general welfare of the citizens of the City of Fridley through the regulation of non-stormwater discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This chapter establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the MS4 permit issued to the City of Fridley by the Minnesota Pollution Control Agency (MPCA) under the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this chapter are: 1. To regulate the contribution of pollutants to the MS4 by stormwater discharges by any user. 2. To prohibit illicit connections and discharges to the MS4. 3. To establish legal authority to carry out all inspection, surveillance, monitoring, and enforcement procedures necessary to ensure compliance with this chapter. 224.02. Definitions The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Best Management Practices or BMPs means practices approved by the City of Fridley to prevent or reduce the pollution of the Waters of the State, including schedules of activities, prohibitions of 288 Jufn!6/ practices, and other management practices, and also includes treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge, or waste disposal or drainage from raw material storage. City Manager means the City Manager as defined in the City of Fridley Charter, or the City ManagerÔs designee. Hazardous materials means any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Illicit discharge means any direct or indirect non-stormwater discharge to the storm drainage system, except as exempted in Section 224.08 of this chapter. Illicit connection is defined as either of the following: 1. Any drain or conveyance, whether on the surface or subsurface that allows an illicit discharge to enter the storm drainage system including but not limited to sewage, process wastewater, wash water and any connections to the storm drainage system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or 2. Any drain or conveyance connected from a commercial or industrial land use to the storm drainage system that has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. Industrial activity means activities subject to NPDES Industrial Stormwater Permits as defined in 40 CFR, Section 122.26 (b)(14) titled Storm water discharge associated with industrial activity. Municipal separate storm sewer system (MS4) means the system of conveyances (including sidewalks, roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man- made channels, or storm drains) owned and operated by the City of Fridley and designed or used for collecting or conveying stormwater, and that is not used for collecting or conveying sewage. National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit means a permit issued by Minnesota Pollution Control Agency (MPCA) that authorizes the discharge of pollutants to Waters of the State, whether the permit is applicable on an individual, group, or general area-wide basis. Non-stormwater discharge means any discharge to the storm drainage system that is not composed entirely of stormwater. 289 Jufn!6/ Person means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent. Pollutant means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. Premises means any building, structure, facility, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. Storm drainage system means publicly-owned facilities by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures. Stormwater (also storm water) means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. Stormwater management plan means a document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable. Wastewater means any water or other liquid, other than uncontaminated stormwater, discharged from a premises. Watercourse means a ditch, stream, creek, or other defined channel intended for the conveyance of water runoff, groundwater discharge or similar hydraulic or hydrologic purpose. Waters of the State means, Ñall streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portion thereofÒ as currently defined in Minnesota Statutes Section 115.01, Subdivision 22, and as may be further amended from time to time. 224.03 Applicability This chapter shall apply to all water entering the storm drainage system generated on any developed and undeveloped lands unless explicitly exempted by the City of Fridley. 28: Jufn!6/ 224.04 Responsibility for Administration The City of Fridley shall administer, implement, and enforce the provisions of this chapter. Any powers granted or duties imposed upon the City of Fridley may be delegated in writing by the City Manager to persons or entities acting in the beneficial interest of or in the employ of the City. 224.05 Compatibility with other regulations This chapter is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this chapter are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this chapter imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. 224.06 Severability The provisions of this chapter are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this chapter or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this chapter. 224.07 Ultimate Responsibility The standards set forth herein and promulgated pursuant to this chapter are minimum standards; therefore this chapter does not intend or imply that compliance by any person will ensure that there will be no contamination, pollution, or unauthorized discharge of pollutants. 224.08 Discharge Prohibitions Prohibition of illicit discharges. No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the MS4 any pollutants or waters containing any pollutants, other than stormwater. The commencement, conduct or continuance of any illicit discharge to the storm drainage system is prohibited except as described as follows: Discharges from the following sources are exempt from discharge prohibitions established by this chapter: flows from riparian habitats and wetlands, diverted stream flows, rising groundwater, springs, uncontaminated groundwater infiltration, uncontaminated pumped groundwater, uncontaminated water from foundation or footing drains, crawl space pumps, air conditioning condensate, irrigation water, lawn watering discharge, individual residential car washing, water hydrant flushing or other water treatment or distribution system, discharges from potable water sources, and street wash water. 291 Jufn!6/ Discharge of swimming pools, crawl spaces, sump pumps, footing drains, and other sources that may be determined to contain sediment or other forms of pollutants may not be discharged directly to a gutter or storm sewer. This discharge must flow over a vegetated area to allow filtering of pollutants, evaporation of chemicals, and infiltration of water consistent with the stormwater requirements of the City of Fridley. Discharges or flow from firefighting and other discharges specified in writing by the City of Fridley as being necessary to protect public health and safety. Discharges associated with dye testing; however this activity requires a verbal notification to the City of Fridley prior to the start of any testing. Discharges associated with the necessary use of snow and ice control materials on paved surfaces. Any non-stormwater discharge permitted under and NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of Minnesota Pollution Control Agency (MPCA), provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drainage system. 2. Prohibition of illicit connections. The construction, use, maintenance or continued existence of illicit connections to the storm drainage system is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. A person is considered to be in violation of this chapter if the person connects a line conveying sewage to the MS4, or allows such a connection to continue. Connections in violation of this chapter must be disconnected and redirected, if necessary, to an approved onsite wastewater management system or the sanitary sewer system upon approval of the City of Fridley. Any drain or conveyance that has not been documented in plans, maps or equivalent, and which may be connected to the storm sewer system, shall be located by the owner or occupant of that property at the owner's or occupant's sole expense upon receipt of written notice of violation from the City of Fridley requiring that such locating be completed. Such notice will specify a reasonable time period within which the location of the drain or conveyance is to be determined, that the drain or conveyance be identified as storm sewer, 292 Jufn!6/ sanitary sewer or other, and that the outfall location or point of connection to the storm sewer system, sanitary sewer system or other discharge point be identified. Results of these investigations are to be documented and provided to the City of Fridley. 224.09 Watercourse Protection Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, yard waste, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures at the owner's or lessee's sole expense within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. 224.10 Right of Entry Provided the City of Fridley gives 24-hours advance notice, the City of Fridley shall be permitted to enter and inspect premises subject to regulation under this chapter as often as may be necessary when entrance is deemed by the City to be necessary to determine compliance with this chapter. However, in cases of emergency or ongoing discharge, the City of Fridley shall be given immediate access. 1. Unreasonable delay in allowing the City of Fridley access to a premises is a violation of this ordinance. 2. The City of Fridley may seek issuance of an administrative search warrant from any court of competent jurisdiction if it has been refused access to any part of the premises from which storm water is discharged, and 1) is able to demonstrate probably cause to believe that there may be a violation of this chapter, or 2) that there is a need to inspect and/or sample as part of a routine inspection and such sampling program is designed to verify compliance with this ordinance or any order issued hereunder, or 3) to protect the overall public health, safety, and welfare of the community. 224.11 Requirement to prevent, control, and reduce stormwater pollutants by the use of best management practices The City of Fridley will adopt requirements identifying BMPs for any activity, operation, or premises which may cause or contribute to pollution or contamination of stormwater, the storm drainage system, or Waters of the State. The owner or operator of such activity, operation, or premises shall provide, at their owner's or operator's sole expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the municipal storm drainage system or watercourses through the use of these structural and nonstructural BMPs. Further, any person responsible for a property or premises that is, or may be, the source of an illicit discharge, may be required to implement, at said person's sole expense, additional structural and 293 Jufn!6/ non-structural BMPs to prevent the further discharge of pollutants to the MS4. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed proof of compliance with the provisions of this section. These BMPs shall be part of a stormwater management plan (SWMP) as necessary for compliance with requirements of the NPDES permit. 224.12 Violations and Penalties Any person violating any provision of this chapter is guilty of a misdemeanor and may be prosecuted for violations of this chapter. In addition to criminal prosecution for violations of this chapter, the City of Fridley may, in its discretion, invoke any of the following remedies for violations of this chapter: 1. Emergency cease and desist orders. When the City of Fridley finds that any person has violated, or continues to violate, any provision of this chapter, or any order issued hereunder, or that the person's past violations are likely to recur, and that the person's violation(s) has (have) caused or contributed to an actual or threatened discharge to the MS4 or Waters of the State which reasonably appears to present an imminent or substantial endangerment to the health or welfare of persons or to the environment, the City of Fridley may issue an order to the violator directing it immediately to cease and desist all such violations. 2. Stop work orders. When the City of Fridley finds that construction activity has resulted in violations of any provision of this chapter or any order issued hereunder, or that the personÔs past violations are likely to recur, the City of Fridley may issue a stop work to the violator, directing the violator to stop work immediately and directing that no further work be performed until compliance with this chapter is demonstrated. 3. Written warnings. When the City of Fridley finds that a person has violated a prohibition or failed to meet a requirement of this chapter and the violation or failure to meet a requirement has no ongoing adverse impact to the MS4 or Waters of the State, it may issue a written warning to the violator, provided that it is the personÔs first violation or failure to meet a requirement, to obtain voluntary compliance with this chapter. 4. Notice of violation. Whenever the City of Fridley finds that a person has violated a prohibition or failed to meet a requirement of this chapter, it may order compliance by written notice of violation to the person. Such notice may require without limitation: (a) The performance of monitoring, analysis, and reporting; (b) The elimination of illicit connections or discharges; (c) That violating discharges, practices, or operations shall cease and desist; (d) The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; 294 Jufn!6/ (e) The implementation of source control or treatment BMPs. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator; (f) The notice shall state that the determination of violation may be appealed by the use of the process described in this chapter. (g) Any person receiving a notice of violation may appeal the determination of the City of Fridley. The notice of appeal must be received by the City Clerk within seven (7) calendar days from the date of the notice of violation. Hearing on the appeal before the City Manager shall take place within seven (7) calendar days from the date of receipt of the notice of appeal. The decision of the City Manager or shall be final. (h) If the violation has not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal within fifteen (15) days of the decision of the City Manager upholding the decision of the City of Fridley, then representatives of the City of Fridley may enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above. 5. Suspension due illicit discharge. The City of Fridley may suspend MS4 discharge access under the following circumstances: (a) Suspension due to illicit discharge in emergency situations. The City of Fridley may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge that presents or may present imminent and substantial danger to the environment, or to the health or welfare of persons, or to the MS4 or Waters of the State. If the violator fails to comply with a suspension order issued in an emergency, the City of Fridley may take such steps as it deems necessary to prevent or minimize damage to the MS4 or Waters of the State. (b) Suspension due to detection of illicit discharge. Any person discharging to the MS4 in violation of this chapter may have its MS4 access suspended if such suspension would abate or reduce an illicit discharge. The City of Fridley will notify the violator of the proposed suspension of its MS4 access. The person may petition the City of Fridley for reconsideration and hearing. A person commits an offense if the violator reinstates MS4 access to premises suspended pursuant to this chapter, without the prior approval of the City of Fridley. 295 Jufn!6/ 6. Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance. 224.13 Cost of Abatement Within thirty (30) days after abatement of a violation of this chapter, the owner of the property will be notified of the cost of abatement, including administrative costs. If the amount due is not paid within thirty (30) days, or other term approved by the City Manager, the City of Fridley may levy the charges as a special assessment against the property pursuant to Chapter 429 of Minnesota Statutes, including Minnesota Statutes § 429.101. The assessments shall constitute a lien on the property for the amount of the assessment. Any person violating any of the provisions of this chapter shall become liable to the City by reason of such violation. 224.14. Remedies Not Exclusive The remedies listed in this chapter are not exclusive of any other remedies, including but not limited to civil action to enjoin or otherwise compel the cessation of any violation of this chapter, available under any applicable federal, state or local law, and it is within the discretion of the City of Fridley to seek cumulative remedies. The City of Fridley may recover all attorneysÔ fees, court costs and other expenses associated with enforcement of this chapter, including sampling and monitoring expenses. Section 19 That the Fridley City Code Chapter 115, Swimming Pools, be hereby amended as follows: Fridley City Code Chapter 115. Swimming Pools 115.01 Definitions The following definitions shall apply in the interpretation and application of this Chapter and the following words and terms whenever they occur in this Chapter are defined as follows: 1. Health Department, Health Officer or State Board of Health. The City, when used in this Chapter and in the requirements adopted by reference. 2. Inflatable Swimming Pool Enclosure. Any temporary structure whose primary means of support is air pressure. 3. Person. 296 Jufn!6/ Any individual, natural person, firm, association, organization, partnership, business institution, agency, or any Federal, State or local government agency or instrumentality or other entity recognized by law, as the subject of rights and duties, and shall include, but not be limited to, employees, licensees, tenants, caretakers, lessees, managers and operators of swimming pools. 4. Private Residential Pool. Any swimming pool located on private property under the control of the homeowner, permanent or portable, the use of which is limited to swimming or bathing by the resident family or their invited guests and having a depth of more than two feet (24 inches) at any point and a surface area exceeding 250 square feet and a volume over 3,250 gallons. 5. Public Swimming Pool. Any swimming pool, other than a private residential pool, intended to be used collectively by numbers of persons for swimming and bathing and operated by any persons whether they be owner, lessee, operator, licensee, or concessionaire, regardless of whether or not a fee is charged for such use. 6. Special Purpose Pool. Any swimming pool used as a treatment pool, therapeutic pool, or a special pool for water therapy. 7. Swimming Pool. Any structure, basin, chamber, or tank containing an artificial body of water for swimming, diving, relaxation or recreational bathing. 8. Wading Pool. Any swimming pool used or designed to be used exclusively for wading or bathing and having a maximum depth of two feet (24 inches). 115.02 GENERAL REQUIREMENTS 1. Plan and Building Permits. No person shall construct, enlarge, repair, move, convert, or alter any swimming pool without first submitting and obtaining approval and appropriate permits from the City. No building permits shall be issued unless prior approval from the City has been granted in writing 2. Plumbing, Electrical, and Mechanical. 297 Jufn!6/ All plumbing, electrical and mechanical installations and equipment shall meet the requirements of the Fridley City Code. 3. Special Use Permit Required. Inflatable swimming pool enclosures shall require a special use permit prior to their installation as outlined in Chapter 205 of the City Code. 4. Location. All swimming pools must be located a minimum of ten (10) feet horizontal distance from any overhead electrical wires. 5. Fencing. Fencing, or other effective means including, but not limited to, walls or buildings, acceptable to the City, shall be provided to positively control access to public and private residential swimming pools. Fencing shall meet the following criteria: A. The fencing shall prevent the entrance of children and be without hand or foot holds that would enable a person to climb over it. B. The fencing shall be at least six (6) feet high and entrances shall be equipped with self-closing and self-latching gates capable of being locked. C. Self-closing or self-latching devices shall be placed at the top of the gate or otherwise inaccessible to small children. D. The opening between the bottom of the fence and the ground or other surface shall be not more than four (4) inches. 6. Equipment Standards. All new equipment purchased or installed on any swimming pool shall comply with the following applicable standards of the National Sanitation Foundation: A. Standard No. 9 - Diatomite Type Filters for Swimming Pool Equipment, October, 1966. B. Standard No. 10 - Sand Type Filters for Swimming Pool Equipment, October, 1966. C. Standard No. 11 - Recessed Automatic Surface Skimmers, October, 1965. D. Standard No. 17 - Centrifugal Pumps for Swimming Pools, January, 1966. 298 Jufn!6/ E. Standard No. 19 - Adjustable Output Rate Chemical Feeding Equipment for Swimming Pools, October, 1966. F. Standard No. 22 - Swimming Pool Water Treatment Chemicals and/or Processes, May, 1968. G. Standard No. 27 Multiport Valves for Swimming Pools, May, 1969. H. Standard No. 28 Cartridge Type Filters for Swimming Pools, February, 1971. I. Standard No. 38 Test Kits for Swimming Pools, November, 1970. Equipment not covered by the above National Sanitation Foundation Standards shall not be installed or used before it has been approved by the City. 7. Inspection. The City shall be permitted access to all swimming pools for purposes of inspection of the pool and equipment at reasonable times and as often as deemed necessary to ensure compliance with this Chapter. Access to private pools shall be with the homeowner's permission or due process of law. 8. Interference. No person shall interfere with or hinder the City in the performance of its duties under the provisions of this Chapter or the laws of the State of Minnesota. 115.03 REQUIREMENTS FOR PUBLIC POOLS 1. License Required. No person shall own, operate, maintain, lease or be responsible for any public swimming pool located within the City unless a license therefore has been obtained from the City pursuant to this Chapter. 2. Application. The application for a swimming pool license shall be on forms furnished by the City and shall include such information as the City shall require, Such application for the issuance of such license, maintenance, termination and administration shall be in accordance with and subject to all conditions of this Code relative to general requirements for licensing as well as for the requirements of this Chapter. The City may deny the application for a license which fails to fully comply with these requirements. 3. Fees arid Exemptions 299 Jufn!6/ The annual license fee and expiration date shall be provided in Chapter 11 of this Code. Persons owning, operating or maintaining schools, governmental subdivisions, churches, convents, rectories, parsonages or religious community centers shall be required to obtain a license bur without payment of a license fee. 4. Revocation. The City Council may revoke any license issued pursuant to this Chapter as provided in Chapter 11 of this Code or for any violation of any provision of this Chapter. 5. State Health Department Regulations Adopted. Regulations of the Minnesota Health Department (MHD) 115 of the Minnesota State Board of Health, relating to "public swimming pools" including, all subsequent amendments thereto, are hereby adopted by reference and made, a part of the Fridley City Code, subject to the following addition and deletions: A. MHD 115 (q) shall be amended by the addition of "Section 6, A life line with sufficient floats shall be provided at the break in grade between the shallow and deep portions of the swimming pool". B. The following portions of the Minnesota Regulations, MHD 115, 1971, relating to public swimming pools are deleted from this Chapter and shall have no effect in the City of Fridley. (1) All of Section (b), Page 3. (2) All of Section (d), (3), Page 4. (3) All of Section (i), (2), (gg), Page 6. (4) All of Section (v), Page 17. 115.04 REQUIREMENTS FOR PRIVATE POOLS 1. American Public Health Assn. Suggested Regulations Adopted. The suggested Regulations for the Design and Construction of Private Residential Swimming Pools, 1970, prepared by the American Public Health Association are hereby adopted by reference and shall be in full force and effect in the City of Fridley as if set out here in full, subject to the following deletions: A. All of Section 1. 2. 1, Page 6. 29: Jufn!6/ B. All of Section 6.2, Page 9. C. All of Section 7.1, Page 9. D. All of Section 14.1, Page 18. E. All of Section 17.1, Page 19. F. All of Section 19.2, Page 20. 2. Decking Requirements. A deck at least 3 feet wide, measured from the pool water's edge, shall be provided which extends completely around all private residential pools. Above ground private residential pools may be provided with decking of a minimum size of 4 feet by 4 feet at pool entry points and provided that such decking has the approval of the City. The deck shall be sloped away from the pool to drain at a grade of 1/4 to 3/8 inch per lineal foot and shall have a non-slip surface. (Ref. Ord. 631) 3. Additional Inlet and Outlet Requirements. All private residential pools with a depth greater than seven (7) feet at any point shall be provided with an outlet at the deepest point to permit the pool to be completely and easily emptied. Openings shall be covered by a proper grating which is securely fastened and which can not be readily removed by bathers. Outlet openings of the floor of the pool shall be at least four times the area of discharge pipe or shall provide sufficient area so the maximum velocity of the water passing through the grate openings shall not exceed one and one-half feet per second. The maximum width of grate openings shall be one-half inch. An antivortex type of drain may be used in lieu of gratings. Any pool newly constructed after May 1, 1976 which has a depth of less than seven (7) feet and which does not have an outlet to permit the pool to be easily and completely emptied shall be provided with a means of draining the pool such as pumping, drain opening or other means acceptable to the City. 115.05. 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. 2:1 Jufn!6/ Section 21 That the Fridley City Code Chapter 209, Fees, be hereby amended as follows: Fridley City Code Chapter 209 Fees 209.01 Purpose The fees for licenses, permits and municipal services offered by the City of Fridley (City) are established in this Chapter. References in other chapters or sections of the Fridley City Code (Code) to any fee means the fees specified in this Chapter. 209.02 Conflicts If fees are specified in other parts of the Code for a particular license, fee, or service, but not in this Chapter, then the fees specified elsewhere in the Code shall beare effective for the stated license, permit, or service. If there are amounts specified in this Chapter for a particular license, permit, or service, as well as other chapters of the Code, then the amounts appearing in this Chapter supersede the others. 209.03 Definitions Administrative Citation: A notice, issued by a Public Official, that a person or property is in violation of or has violated the Code. Business: A trade or profession that engages in the bartering, selling, purchasing or exchanging of goods, services, or materials with or without compensation. Penalty: A monetary fine imposed by the City upon a violation of the Code. Fee: The charge by the City for or in connection with any license, permit, service(s), or function rendered. The fee shall will be based on costs incurred by the City to provide a license, permit, or service. Fees are charged for the reviewing, investigating, and administering an application for an amendment to an official control or an application for a permit or other approval required under an official control, or any other costs established and authorized pursuant to Minnesota Statute (M.S.) Chapter 462. Any other fee the City, as authorized by state law to impose, shall will be set forth in a rate/fee schedule duly adopted by the Fridley City Council (Council). Renewal: Where a license or permit holder makes application to extend for a further period a license or permit and pays the required fee to the City. 209.04 License or Permit Application 2:2 Jufn!6/ Unless otherwise provided in this Code, application for any license or permit required by this Code shall must be made with the City Manager or their designee. The applicant shall must provide such information as required by the City or any licensing or permit provision of this Code. In the event of the sale of the licensed business or death of the licensee, unless otherwise specified in the Code, the business shall will be allowed to continue to operate as long as the new application is submitted to the City Manager or their designee within 30 days. In the event an application is not received within 30 days, the business license shall expireexpires. 209.05 Processing Time The minimum length of time required for the processing of any application shall will be determined by the City Manager or their designee who shall must inform any applicant of the appropriate time requirements. 209.06 Term The license begins May 1 of any year through April 30 of the following year, inclusive, unless otherwise provided in this Code. 209.07 License Approval and Issuance Unless otherwise provided in this Code, the approval and issuance of the license shall may not require City Council (Council) consideration and shall will be issued administratively by the City Manager or their designee if the applicant has met all of the conditions and requirements of the license. A list of issued licenses shall must be provided to the Council for its information. 209.08 Renewal No license or permit is automatically renewed by the City. Applications for renewal shall must be submitted to the City Manager or their designee prior to the expiration date for Council approval. 209.09 Proration and Refunds No license or permit fee shall will be prorated or refunded except as expressly provided by Section 209.12 of this Chapter or any other licensing or permit provision of this Code. 209.10 Revocation Any violation of the terms of this Chapter or any other licensing or permit provision of this Code shall be is grounds for suspension and/or revocation of the license or permit by the Council. Licenses and permits shall may be revoked only for cause and upon adequate notice and the opportunity to be heard. 209.11 Display 2:3 Jufn!6/ Any person to whom a license or permit is issued pursuant to this Code shall beis required to display such license or permit or to make said license or permit available for review upon request. This provision shall beis subordinate to any other provision of this Code which expressly requires that said license or permit shall must be displayed or posted. 209.12 Fees 1. Administrative Fees Code Subject Fee 203 Administrative Hearing $200 608 Lodging Tax 3% of rent charged 304 Seizure fee for motor vehicles Each vehicle $200 assessed Each vehicle when vehicle owner $400 assessed or lien holder refuses to repossess their own vehicle 304 Storage fee for seized motor vehicles $10 per day for each day or part of a day the seized motor vehicle is held at a storage facility or impound lot. The total storage fees assessed on any one motor vehicle shall may not exceed $500 or 50% of the value of the motor vehicle as determined by competent authority, whichever is less. Text Amendment to the City Code $1,500 Application 2. Building and Inspection Fees (a) Building Permit Fees Code Subject Fee 206500, Valuation $1 to $500 $23.50 501 206500, Valuation $501 to $2,000 $23.50 for the first $500 plus $3.05 for 501 each additional $100 or fraction thereof, to and including $2,000 2:4 Jufn!6/ 206500, Valuation $2,001 to $25,000 $69.25 for the first $2,000 plus $14 for 501 each additional $100 or faction thereof, to and including $25,000 206500, Valuation $25,001 to $50,000 $391.25 for the first $25,000 plus $10.10 for each additional $1,000 or fraction 501 thereof, to and including $50,000 206500, Valuation $50,001 to $100,000 $643.75 for the first $50,000 plus $7 for 501 each additional $1,000 or fraction thereof, to and including $100,000 206500, Valuation $100,001 to $500,000 $993.75 for the first $100,000 plus $5.60 for each additional $1,000 or fraction 501 thereof, to and including $500,000 206500, Valuation $500,001 to $3,233.75 for the first $500,000 plus 501 $1,000,000 $4.75 for each additional $1,000 or fraction thereof, to and including $1,000,000 206500, Valuation $1,000,001 and up $5,608.75 for the first $1,000,000 plus 501 $3.15 for each additional $1,000 or fraction thereof 206500, Inspections outside of normal $50 per hour 501 business hours (minimum charge Ï two hours) 206500, Re-inspection fees assessed $50 per hour 501 under provisions of Section 108 206500, Inspections for which no fee is $50 per hour 501 specifically indicated (minimum charge one-half hour) 206500, Additional plan review required $50 per hour 501 by changes, additions or revisions to approved plans (minimum charge one-half hour) or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include includes supervision, overhead, equipment, hourly wages and fringe benefits of the employee involved. 206500, For use of outside consultants Actual costs which include 501 for plan checking and administrative and overhead costs inspections, or both 206500, Residential Mobile $100 501 Manufactured Home Installation 2:5 Jufn!6/ 206500, Surcharge on Residential A surcharge of $5 shall will be added to 501 Building Permits the permit fee charged for each residential building permit that requires a State licensed residential contract 500 Certificate of Occupancy $35 115 Swimming Pools, Public Per outdoor pool $250 Per indoor pool $350 + 25% of base per added pool enclosed area (b) Electrical Permit Fees Code Subject Fee Residential, Commercial, Multi-Family 206500 0 to 400 Amp Power Source $50 each 206500 401 to 800 Amp Power Source $100 each 206500 Over 800 Amp Power Source $150 each 206500 0 to 200 Amp Circuit or Feeder $9 each 206500 Over 200 Amp Circuit or Feeder $30 each Over 200 Volts 206500 0 to 400 Amp Power Source $100 each 206500 401 to 800 Amp Power Source $200 each 206500 Over 800 Amp Power Source $300 each 206500 0 to 200 Amp Circuit or Feeder $18 each 206500 Over 200 Amp Circuit or Feeder $60 each 206500 Panel Changes (reconnect existing circuit or feeder $100 each for panelboard replacement) 206500 New 1 and 2 Family Homes up to 25 Circuits, 3 Trips $200 each 206500 New Multi-Family Dwelling unit (with up to 20 circuits $100 per dwelling and feeders per unit) unit 206500 New Multi-Family Dwelling Unit $9 per feeder or (additional circuits over 20 per unit) circuit 206500 Existing Multi-Family Dwelling Unit (up to 10 feeders $100 per unit or circuits are installed or extended) 206500 Existing Multi-Family Dwelling Unit $9 per feeder or (where less than 10 feeders or circuits are installed or circuit extended) 206500 Additional circuits over 25 per unit $9 each 206500 Circuits extended or modified $9 each 206500 Retrofitting of existing lighting fixtures $1 each 206500 Manufactured Home Park Lot Supply + Circuits $55 per pedestal 206500 Separate Bonding Inspection $40 206500 Pools plus circuits $110 2:6 Jufn!6/ 206500 Inspection of concrete encased grounding electrode $55 206500 Technology circuits and circuits less than 50 volts $1 per device 206500 Traffic Signals, Street, Parking and Outdoor Lighting $5 each Standards 206500 Transformers for light, heat and power (0 to 10 KVA) 20 each 206500 Transformers for light, heat and power (more than 10 $50 each KVA) 206500 Transformers for electronic power supplies and $5.50 each outline lighting 206500 Additional Inspection trip(s), re-inspections $55 each Minnesota Solar PV System Electrical Inspection Fee Chart 206500 0 Ï 5,000 watts (5 kw) $90 206500 5,001 Ï 10,000 watts (5 kw Ï 10 kw) $150 206500 10,001 Ï 20,000 watts (10 kw Ï 20 kw) $225 206500 20,001 Ï 30,000 watts (20 kw Ï 30 kw) $300 206500 30,001 Ï 40,000 watts (30 kw Ï 40 kw) $375 206500 40,001 and larger watts (40 kw) $375 Each additional 10,000 watts $25 206500 Plan review fee $80 per hour (c) Mechanical Permit Fees Code Subject Fee 206500 Residential minimum fee $15 or 5% of cost of improvement, whichever is greater 206500 Furnace $35 206500 Gas Range $10 206500 Gas Piping $10 206500 Air Conditioning $25 206500 Other 1% of value of appliance 206500 Commercial minimum fee $35 206500 All work 1.25% of value of appliance 206500 Inspections outside of normal $50 per hour business hours (minimum charge two hours) 206500 Re-inspection fees assessed $50 per hour under provisions of Chapter 108 of the Code 206500 Inspections for which no fee is $50 per hour specifically indicated (minimum charge one-half hour) 206500 Additional plan review required $50 per hour by changes, additions or 2:7 Jufn!6/ revisions to approved plans (minimum charge one-half hour). Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall includeincludes supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved. 206500 For use of outside consultants for Actual cost including administrative plan checking and inspections, or and overhead costs both (d) Moving of Dwelling or Building Fees Code Subject Fee 206500 For Principal Building into City $300 206500 For Accessory Building into City $42 206500 For moving any building out of $20 City 206500 For moving through or within the $20 City (e) Plumbing Permit Fees Code Subject Fee 206500 Minimum Fee $15 or 5% of cost of improvement, whichever is greater 206500 Each fixture $10 206500 Old opening, new fixture $10 206500 Beer Dispenser $10 206500 Blow Off Basin $10 206500 Catch Basin $10 206500 Rainwater Leader $10 206500 Sump or Receiving Tank $10 206500 Water Treating Appliance $35 206500 Water Heater Electric $35 206500 Water Heater Gas $35 206500 Backflow Preventer $15 206500 Other Commercial 1.25% of value of fixture or appliance 2:8 Jufn!6/ 206500 Inspections outside of normal $50 per hour business hours (minimum charge two hours) 206500 Re-inspection fee $50 per hour $50 per hour 206500 Inspections for which no fee is specifically indicated (minimum charge one-half hour) $50 per hour 206500 Additional plan review required by changes, additions or revisions to approved plans (minimum charge one-half hour) or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall includeincludes supervision, overhead, equipment, hourly wages, and fringe benefits of the employees involved. 206500 Use of outside consultants for Actual cost including administrative plan checking and inspections, or and overhead costs both (f) Pollution Monitoring Registration Fees Code Fee 206500 Each pollution monitoring location shall must require a site map, description and length of monitoring time requested. Pollution monitoring location shall will mean each individual tax parcel. There shall must be an initial application and plan check fee of $25. 206500 The applicant for a Pollution Control Registration shall must provide the City with a hold harmless statement for any damages or claims made to the City regarding location, construction, or contaminates. 206500 An initial registration fee of $50 is due and payable to the City of Fridley at or before commencement of the installation. 206500 An annual renewal registration fee of $50 and annual monitoring activity reports for all individual locations must be made on or before September 1 of each year. If renewal is not filed on or before October 1 of each year the applicant must pay double the fee. 206500 A final pollution monitoring activity report must be submitted to the City within 30 days of termination of monitoring activity. (g) Wrecking Permit Fees 2:9 Jufn!6/ Code Fee 206500 For any permit for the wrecking of any building or portion thereof, the fee charged for each such building included in such permit shall must be based on the cubical contents thereof and shall will be at the rate of $1.25 for each 1,000 cubic feet or fraction thereof. 206500 For structures which would be impractical to cube, the wrecking permit fee shall beis based on the total cost of wrecking such structure at the rate of $6 for each $500 or fraction thereof. 206500 In no case shall may the fee charged for any wrecking permit be less than $20. 3. Engineering Fees (a) Rights-of-Way Fees Code Subject Fee 407 Rights-of-Way Registration $50 User Fee (residential, $50 commercial or industrial) Excavation Permit $350 Obstruction Permit $50 Small Wireless Facility $150 Permit Permit Extension Fee $20 Delay Penalty $125 week Mapping Fee $50 if data is not in City format and City GIS compatible Degradation Fee Restoration cost per square foot for the area to be restored (b) Land Alterations, Excavating, or Grading Fees Including Conservation Plan Implementation Fees Code Subject Fee 206500 50 cubic yards or less $40 206500 51 to 100 cubic yards $47.50 206500 101 to 1,000 cubic yards $47.50 for the first 100 cubic yards plus $10.50 for each additional 100 cubic yards or fraction thereof 206500 1,001 to 10,000 cubic yards $167 for the first 1,000 cubic yards plus $9 for each additional 1,000 cubic yards or fraction thereof 2:: Jufn!6/ 206500 10,001 to 100,000 cubic yards $273 for the first 10,000 cubic yards plus $40.50 for each additional 10,000 cubic yards or fraction thereof 206500 100,001 cubic yards or more $662.50 for the first 100,000 cubic yards plus $22.50 for each additional 100,000 cubic yards or fraction thereof (c) Land Alteration Plan Checking Fees Code Subject Fee 206500 50 cubic yards or less No fee 206500 51 to 100 cubic yards $23.50 206500 101 to 1,000 cubic yards $37 206500 1,001 to 10,000 cubic yards $49.25 206500 10,001 to 100,000 cubic yards $49.25 for the first 10,000 cubic yards plus $24.50 for each additional 10,000 cubic yards or fraction thereof 206500 100,001 to 200,000 cubic yards $269.75 for the first 100,000 cubic yards plus $13.25 for each additional 10,000 cubic yards or fraction thereof 206500 200,001 cubic yards or more $402.25 for the first 200,000 cubic yards plus $7.25 for each additional 10,000 cubic yards or fraction thereof (d) Water and Sewer Fees Code Subject Fee 205.30 Automatic Meter Reading Device $25 per stationary device Permit $50 206500 Hydrant Rental Agreement Service Charge (for use of hydrant only City does not supply hose) 206500 Water Usage $1.30/1,000 gallons used Metered Minimum $20 206500 Tanker $20 per fill 206500 Water Taps See Engineering 206500 Permanent Street Patch First 5 square yards $300 Over 5 square yards $30 per square yard 206500 Temporary Street Patch (November 1 through May 1) First 5 square yards $400 Over 5 square yards 311 Jufn!6/ $40 per square yard plus cost of permanent street patch 206500 Water Meter Repair Ï Weekend $125 and Holidays 206500 Water Connections Permit $50 206500 Sewer Connections Permit $50 206500 Inspection Fee for Water/Sewer $40 Line Repair 4. Fire Division Fees (a) Fire Division Fees Found in Code Code Subject Fee 301 False Alarms $150 for the third false alarm in 365 days. $25 will be added for each subsequent false alarm (e.g., fourth false alarm will be $175, fifth false alarm will be $200, etc.). 316 Fire Division Plan Review Fee 65% of the Fire Permit Fee 316 Fire Division User Surcharges Engine Crew of Four $400 per hour Ladder Truck Crew of Four $500 per hour Grass Truck Crew of Four $150 per hour Rescue Truck Crew of Two $100 per hour One Fire Crew Current Hourly Wage One Fire Officer Current Hourly Wage 316 Fire and Life Safety Inspection of Commercial and Rental Dwellings Initial inspection $0 Compliance check $0 Every subsequent compliance reinspection for Single occupancy $100 Two or more occupancy $300 (b) Fire Division Fees Directed by the Minnesota State Fire Code (MSFC) MSFC Section Type of Activity Stipulations Fee 105.7.1 Automatic Fire Extinguishing See Below Systems 312 Jufn!6/ 1. Kitchen Hood Extinguishing Inspection and testing Systems 2. Fire Sprinkler Systems Inspection and testing 3. Other Special Extinguishing Inspection and testing Systems 105.7.4 Compressed Gasses and Systems Final inspection $ 235 Install, repair damage to, required per abandon, remove, place MSFC temporarily out of service, close or substantially modify systems 105.7.7 Fire Alarm, Detection and Final inspection and See Below Related Alarm or Detection testing required Equipment Install or modify new and existing systems 105.7.8 Fire Pumps and Related Final inspection and See Below Equipment testing required Install or modify fire pumps, related fuel tanks, jockey pumps, controllers and generators 105.7.9 Flammable and Combustible Liquids 1. Install or modify a pipeline Final inspection $150 2. Install, construct or alter tank requirements as $150 vehicles, equipment, tanks, defined by 2020 MSFC plants, terminals, wells, fuel requirements. dispensing stations, refineries, distilleries and similar activities where flammable or combustible liquids are UGST or AGST storage produced, processed, tank removal must be transported, stored, dispensed witnessed by Fire or used Marshal. 3. Install, alter, remove, abandon, $200 place temporarily out of service or otherwise dispose of a flammable or combustible liquid tank 105.7.13 Hazardous Materials Final inspection $ 200 Install, repair damage to, required when abandon, remove, place hazardous materials in temporarily out of service, close use or storage exceed or substantially modify a storage amounts shown in the MSFC Table 313 Jufn!6/ facility or other area regulated by MSFC Chapter 27 105.7.15 Industrial Ovens Final inspection $ 165 Installation of industrial ovens required per regulated by MSFC Chapter 21 MSFC Final inspection $ 200 105.7.16 LP Gas Installation of or modification to required per an LP Gas system MSFC and National Fire Protection Association Chapter 58 105.7.9 Private Fire Hydrants Final inspection and $ 145 Installation of or modification of testing private fire hydrants 105.7.23 Spraying or Dipping Final inspection $ 200 Install or modify a spray room, required per dip tank or booth MSFC 105.7.24 Standpipe System Final inspection and See Below Installation, modification, or testing removal from service of a standpipe system 105.7.25 Temporary Membrane Structures, Final inspection $ 145 Tents and Canopies required per To construct an air-supported MSFC temporary membrane structure, tent (=> 200 ft²) or canopy (=> 400 ft²). (c) Fire Division Fees for Fire Sprinkler, Fire Extinguishing Systems, Fire Alarm Systems or Standpipe Systems Fees for Automatic Fire Extinguishing Systems, Fire Alarm, Detection and related equipment, Fire Pumps or related equipment, and Standpipe Systems (MSFC 105) are calculated on project valuation from the 1997 UBC Permit Fee Schedule as shown below, plus the State of Minnesota Surcharge Fee on sprinkler permits: Total Valuation Fee $ 1 to $ 500 $23.50 $ 501 to $ 2,000 $23.50 for the first $500 plus $3.05 for each additional $100, or fraction thereof, to and including $2,000 $ 2001 to $ 25,000 $69.25 for the first $2,000 plus $14 for each additional $1,000, or fraction thereof, to and including $25,000 314 Jufn!6/ $ 25,001 to $ 50,000 $391.75 for the first $25,000 plus $10.10 for each additional $1,000, or fraction thereof, to and including $50,000 $ 50,001 to $ 100,000 $643.75 for the first $50,000 plus $ 7 for each additional $1,000, or fraction thereof, to and including $ 100,000 $ 100,001 to $ 500,000 $993.75 for the first $100,000 plus $5.60 for each additional $1,000, or fraction thereof, to and including $ 500,000 $ 500,001 to $ 1,000,000 $3233.75 for the first $500,000 plus $4.75 for each additional $1,000, or fraction thereof, to and including $ 1,000,000 $ 1,000,001 and up $5,608.75 for the first $1,000.000 plus $3.65 for each additional $1,000, or fraction thereof (d) Fire Division Fees for Permitted Business Operations MSCF Section Description Fee 105.6.1 Aerosol products $145 105.6.2 Amusement buildings $75 105.6.3 Aviation facilities $120 105.6.4 Carnivals and fairs $200 105.6.5 Battery and energy systems $95 105.6.6 Cellulose nitrate film $95 105.6.7 Combustible dust-producing ops $200 105.6.8 Combustible fibers $145 105.6.9 Compressed gases $150 105.6.10 Covered mall buildings $95 105.6.11 Cryogenic fluids $95 105.6.12 Cutting and welding $95 105.6.13 Dry cleaning plants $145 105.6.14 Exhibits and trade shows $200 105.6.15 Explosives $200 105.6.16 Fire hydrants and valves $75 105.6.17 Flammable and combustible liquids $200 105.6.18 Floor finishing $95 105.6.19 Fruit and crop ripening $120 105.6.20 Fumigation and thermal insecticide fog $95 315 Jufn!6/ 105.6.21 Hazardous materials $145 105.6.22 Hazardous Production Materials Facility $145 105.6.23 High piled storage $200 105.6.24 Hot work operations $95 105.6.25 Industrial ovens $145 105.6.26 Lumber yards and woodworking plants $200 Liquid or gas fueled vehicle/equipment in 105.6.27 Group A $95 105.6.28 LP Gas $95 150.6.29 Magnesium $95 105.6.30 Miscellaneous combustible storage $145 105.6.31 Open burning $95 105.6.32 Open flames and candles $95 105.6.33 Organic coatings $145 105.6.34 Places of assembly $135 105.6.35 Private fire hydrants $75 105.6.36 Pyrotechnic special effects material $95 105.6.37 Pyroxylin plastic $145 105.6.38 Refrigeration equipment $95 105.6.39 Repair garages or service stations $120 105.6.40 Rooftop heliports $95 105.6.41 Spraying or dipping $145 105.6.42 Storage of scrap tires/tire byproducts $120 105.6.43 Temporary tents and canopies $95 105.6.44 Tire rebuilding plants $145 105.6.45 Waste handling $200 105.6.46 Wood products $165 5. Licensing Fees Code Subject Fee 308 Adult Entertainment Establishment $400 Investigation Fee $400 17 Auction Weekly permit $30 Annual permit $150 300 Beekeeping Initial fee $100 Annual renewal fee $25 27 Billiards First table $40 Each additional table $10 15 Bowling Alleys 316 Jufn!6/ Annual license $40 Per lane $10 28 Carnivals Application fee $75 Each day $75 Required cash deposit or bond $3,000 21 Christmas Tree Lots Annual license fee $200 Deposit $100 300 Dogs Lifetime license $25 Duplicate license $5 Impound fee $25 Annual Dangerous Dog license $500 Potentially Dangerous Dog license $500 702 Drive-in Theaters $400 607 Entertainment $85 32 Food Establishment Ï Business License $45 32 Food Temporary Ï Business License $30 25 Golf Course, Driving Range $30 319 Haulers $100 for first truck and $40 Mixed Municipal Solid Waste License each additional truck (Garbage Truck), Yard Waste License, Organics License, Recycling License 310 Hemp THC Product Annual License $1,500 Investigation Fee, Individual $200 Investigation Fee, $400 Corporation/Partnership Administrative Penalty for $250 individuals, first violation Administrative Penalty for $500 individuals, second violation within 12 months Administrative Penalty for $750 individuals, third violation within 12 months Administrative Penalty for licensee, $500 first violation Administrative Penalty for licensee, $1,000 second violation within 36 months 24 Junk Yards $350 609 Liquor, Caterer 317 Jufn!6/ Annual Caterer Registration $100 Event Notification Permit (per $25 event) 604 Liquor, Consumption and Display Annual State permit $300 One-day City permit $25 603 Liquor, On-Sale Intoxicating Holiday $100 Endorsement 603 Liquor, Lawful Gambling Endorsement $300 610 Liquor Manufacturers/Investigative Fee Individual $200 Partnership/Corporation $400 Alteration of Business $100 Change of Officers $25 On-Sale Brewer/Distillery Taproom $600 License Off-Sale Brewer/Distillery Growler $300 License 603 Liquor, On-Sale Intoxicating No entertainment (a) 0-3,000 square feet $6,000 (b) 3,001-6,000 square feet $7,000 (c) Over 6,000 square feet $8,000 With entertainment or dancing (a) 0-3,000 square feet $7,000 (b) 3,001-6,000 square feet $8,000 (c) Over 6,000 square feet $9,000 603 Liquor, On-Sale Intoxicating Initial Investigative Fee Individual $200 Corporation or partnership $400 603 Liquor, On-Sale Sunday $200 603 Liquor, On-Sale Intoxicating Temporary $25 one day only 602 Liquor, 3.2% Malt Liquor Off-Sale $60 On-Sale $325 Holiday Endorsement $100 602 Liquor, 3.2% Malt Liquor, Initial Investigative Fee Individual $90 Corporation or partnership $180 602 Liquor, 3.2% Malt Liquor Temporary $60 318 Jufn!6/ 603 Liquor, Wine $1,000 603 Liquor, Wine Investigative Initial Fee Individual $200 Corporation or partnership $400 605 Liquor, Bottle Club Annual permit $300 One day permit $25 606 Liquor, On-Sale Intoxicating Club Per club under 200 members $300 Per club of 201-500 members $500 Per club of 501-1,000 members $650 Per club of 1,001-2,000 members $800 Per club of 2,001-4,000 members $1000 Per club of 4,001-6,000 members $2,000 Per club of over 6,000 members $3,000 606 Liquor, On-Sale Club Holiday $100 Endorsement 300 Livestock Initial fee $100 Annual review $25 603 Managerial License (Liquor) $10 125 Massage Therapy Business License Annual license $400 Business investigation fee for $400 (new) $200 (renewal) corporations or partnerships Business investigation fee for $200 (new) $100 (renewal) individual/sole proprietor 125 Massage Therapist License Fee $50 Therapist Investigation Fee $25 22 Music Festivals Per day $700 Filing fee $100 35 Mobile Food Unit Food Truck License $50 Food Truck Fire Safety Inspection $100 Ice Cream Truck License $75 18 Motor Vehicle Body Repair Business $150 509 Motorized Vehicles Rental $50 per vehicle 300 Multiple Pet Location License Fee $100 Renewal Fee $25 Impound Fee $25 319 Jufn!6/ 300 Poultry Initial fee $100 Annual renewal fee $25 Impound fee $25 220507 Rental Housing Annual License Single rental unit $100 Two rental units $150 Three rental units $210 Four rental unit $270 Five or more units $270 plus $12 per unit over four units License renewal late fee if more than 150% of the annual license fee seven days late License fee to reinstate after revocation 150% of the annual license fee or suspension License transfer fee $25 License non-compliance fee for properties that were posted for not complying with correction orders or license renewals 1-30 days $250 31+ days $500 Renting prior to obtaining a license 125% of the annual license Reinspection fee after second inspection Single, duplex, triplex $100 Four or more units $300 31 Pawn Shops Annual license fee $3,000 Monthly transaction fee $3 per transaction Reporting failure penalty $4 per transaction Investigation fee $400 14 Peddlers/Solicitor $60 per peddler 23 Public Dance $75 13 Retail Gasoline Sales $60 Private Gasoline Pump $30 per location 602, 603, 606 Social Skill Game Tournament Service $100 annually Provider 31: Jufn!6/ 16 Street Vending Industrial/commercial $50 Residential $70 Both $100 12 Tobacco License $125 12 Tobacco Product Shop License fee $400 Investigation fee $100 104503 Tree Management License $150 19 Used Motor Vehicles License $150 per year 6. Parks and Recreation Services Fees (a) Recreation Division (1) Program fees are listed in the CityÔs bi-monthly Parks and Recreation Brochure and on the CityÔs website. (2) Administrative Fees Item Category A Category B Category C (Fridley Youth (Residents (Non- Athletics and residents) community groups) Additional maintenance staff City staff hourly City staff City staff rate hourly rate hourly rate Chalk Market rate Market rate Market rate Concession area for $175 per day $175 per day $175 per day Community Park Damage deposit for multiple $200 $200 $200 day rentals Lights $20 per field $20 per field $20 per field Locates for electrical or Market rate Market rate Market rate irrigation heads Portable restrooms Market rate Market rate Market rate Scoreboard and press box at $20 per field $20 per field $20 per field Community Park Shelter rental for Commons $65 per day $65 per day $100 per day Park and Flanery Park Vendor fee (concession $100 per day $100 per day $100 per day space) 321 Jufn!6/ (3) Event Fees Code Subject Fee 508 Parade Application $100 Daily $700 23 Public Dance Application $75 (4) Outdoor Field Rental Fees Use Category A Category B Category C (Fridley Youth (Residents (Non- Athletics and residents) community groups) Baseball, softball, and $0 per hour $20 per hour $40 per hour football fields Commons Park baseball and $80 per $100 per $200 per softball fields weekend weekend weekend $40 per day $50 per day $100/day Community Park Softball $500 per $1,000 per $2,000 per Complex weekend weekend weekend $250 per day $500 per day $1,000 per day Hockey rink $0 per hour $20 per hour $20 per hour Soccer field $0 per hour $30 per hour $60 per hour Tennis or pickleball court $0 per hour $20 per hour $40 per hour Volleyball court $0 per hour $20 per hour $40 per hour (5) Picnic Shelter Rental Fees Park Resident Non-Resident Deposit Flanery and Commons Parks 1-50 guests $65 plus tax $100 plus tax $50 51-150 guests $105 plus tax $150 plus tax $50 Special Use Permit $265 plus tax $450 plus tax $50 Moore Lake 1-50 guests $35 plus tax $75 plus tax $50 51-150 guests $75 plus tax $115 plus tax $50 322 Jufn!6/ Special Use Permit $235 plus tax $425 plus tax $50 (6) Springbrook Nature Center Program Fees Program Fee 60 Minute naturalist-led program $4 per student 90 Minute naturalist-led program $6 per student 60 Minute naturalist-led program at another $150 location Additional program at same site $50 Summer Camp Resident $155 per five-day program Non-resident $165 per five-day program Birthday Party Program $125 (7) Springbrook Nature Center Room Rental Fees Program/Amenity Fee Amphitheater Resident $225 per room per hour plus tax Non-resident $300 per room per hour plus tax Non-profit group (proof of status must be $225 per room per hour plus tax provided) Classroom ($50 refundable damage deposit due at time of booking) Resident $30 per room per hour plus tax Non-resident $50 per room per hour plus tax Non-profit group (proof of status must be $30 per room per hour plus tax provided) Pavilion Activity Center Outdoor ($100 refundable damage deposit due at time of booking) Resident $65 plus tax Non-resident $100 plus tax Non-profit group (proof of status must be $65 plus tax provided) Pavilion Activity Center Indoor ($100 refundable damage deposit due at time of booking) Resident $65 plus tax Non-resident $100 plus tax Non-profit group (proof of status must be $65 plus tax provided) 323 Jufn!6/ Pavilion Activity Center Entire ($100 refundable damage deposit due at time of booking) Resident $130 plus tax Non-resident $200 plus tax Non-profit group (proof of status must be $130 plus tax provided) Portable public address (PA) system $50 per day plus tax 7. Planning and Zoning Fees Code Subject Fee M.S. § 462.355 Comprehensive Plan Amendment $1,500 217 Condominium (annual registration) 2-4 units $20 5-12 units $30 13-24 units $40 Over 24 units $50 217.04 Condominium conversion registration (one-time fee) 2 units $500 3-7 units $750 8-12 units $1,000 Over 12 units $1,000 + $50 per unit for every unit over 12 208505 Conservation Plan Review (as part of $450 building permit for new construction 205 Farmers Market Event Permit $100 211 Lot Splits $1,250 205.24 Master Plan, Application or $1,500 Amendment 203509 Manufactured Home Parks $30 + $1 per trailer site (one- time fee) 214506 Signs and/or Billboards Permanent wall sign Permanent free-$100 standing/monument $200 Permanent re-face/face-change $50 Temporary sign $100 plus ($200 deposit refunded if conditions met) 205.30 Telecommunications Permit to add $400/user/tower Equipment to an Approved Site 324 Jufn!6/ Small Cell Telecommunications Towers and Facilities District 205.30.24 Distributed Antenna $500 System (DAS) Application Fee 205.30.24 DAS Application Review Fee $1,500 205.30.9(9) DAS Abandonment Escrow $2,000 205.30 Temporary Outdoor Display Permit $75 205.33 Transit Oriented District (TOD) Project $1,500 Plan Application 205.33 TOD Tree Substitution Fee to TOD $500 per tree Capital Project Fund 211 Plat Up to 200 lots $1,500 Each additional lot $15 205 Rezoning $1,500 205 Special Use Permit R-1 $1,000 All others $1,500 205 Vacations, Right of Way or Easement $1,500 205 Variance R-1 $500 All others $1,400 205 Wetlands Certifying Exemptions $1,500 Replacement Plan Application $1,500 No Loss Determination $1,500 Appeal of Decision $1,500 8. Police Division Fees Code Subject Fee 301 False Alarms $150 for the third false alarm in 365 days. $25 will be added for each subsequent false alarm (e.g., fourth false alarm will be $175, fifth false alarm will be $200, etc.). 30 Lawful Gambling Permit $25 for one-day small events, (e.g., a raffle) 209.13 Penalties 325 Jufn!6/ Code Subject Penalty 203 Administrative Citation General $100 per violation Fire Lane/Reserved Handicap $125 per violation Parking Other Parking $35 per violation 203 Administrative Citation Late Fee General $25 Fire Lane/Reserved Handicap $30 Parking Other Parking $10 514504 Snow Removal Penalty Violations of the provisions of this Section shall are be a misdemeanor, subject to penalties of a maximum of $700 and 90 days in jail per occurrence. In the alternative, the City may, in its discretion, impose a civil penalty as follows: nd 2offense within 365 days $50 rd 3 offense within six months of $200 any prior offense th 4 offense or more within six $500 months of prior offense(s) 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. 209.14 Compliance No person shall may practice or carry on a business, trade or profession in the City without complying with all federal and state regulations, laws, license or permit requirements, and with the license and permit requirements of any provision of this Code. 209.15 Administrative Assessments In addition to the fees in Section 209.12, an administrative assessment will be required to fund special studies such as environmental assessment worksheets, transportation, drainage, noise impacts, indirect source permits, wetland impacts, etc. The amount of the assessment is to be based on the 326 Jufn!6/ site, complexity, diversity, and location of the project as determined by staff, but shall may not be less than two and one half times the hourly wage of estimated Public Official or consultantÔs time. 209.16 Late Payment Penalties The penalty for late payment of any fees as shown in this Chapter shall beis 25% of the amount of the fee if received from one to seven days late. If the payment is received more than seven days after it is due, the penalty shall beis 50% of the fee. 209.17 Compliance with State and Local Law and Payment of Fees and Charges Prior to the issuance of any license or permit as provided by this Chapter, the City may determine whether the applicant is out of compliance with any state or local law or ordinance enforced by the City. In addition, the City may determine whether the applicant is in arrears with respect to any fee, tax or utility charge. If the City determines the applicant is out of compliance with any state or local law or ordinance, or that outstanding balances are due to the City for fees, taxes or utility charges, the City may deny issuance of the license until such time as the Applicant is in compliance or has paid any such outstanding balance. Any applicant aggrieved by the application of the section shallmay, upon written request, be permitted a hearing before the Council, and determination on the fact question of whether there is non-compliance or any outstanding balance due. Passed and adopted by the City Council of the City of Fridley on this xx day of \[Month\], 2024. ______________________________________ Scott J. Lund - Mayor ______________________________________ Melissa Moore - City Clerk Public Hearing: February 26, 2024 First Reading: February 26, 2024 Second Reading: Publication: 327 Jufn!6/ PUBLICNOTICE Notice of Public Hearing Fridley City Council Notice is hereby given that the City Council of the City of Fridley will hold a public hearing on February 26, 2024 at 7:00 p.m. at Fridley City Hall, 7071 University Avenue N.E. The public hearing will consider Ordinance No. 1419, Creating Title No. 5(Lands and Buildings) of the Fridley City Code and the Chapters Contained Therein. Any person desiring to be heard shall be given an opportunity at the above stated time and place. Or, comments may be submitted before the meeting to CityClerk@FridleyMN.gov or 763-572-3523. 328 Jufn!7/ AGENDA REPORT Meeting Date:February 12,2024 Meeting Type:City Council Submitted By:Ryan George, Public Safety Director Title Resolution No. 2024-17, Approving anAgreement Between the City of Fridley and the Minnesota Department of Public Safety -Bureau of Criminal Apprehension (BCA) for Participation in the Violent Crime Reduction Unit(VCRU) Background Minnesota Statute § 471.59 allows two or more governmental units, by agreement entered into through action of their governing bodies, to jointly or cooperatively exercise any power common to the contracting parties or any similar powers. The Minnesota Department of Public Safety, Bureau of Criminal Apprehension(BCA)established the BCA Violent Crime Reduction Unit (VCRU)to prevent, investigate, and prosecute violent crimes, including but not limited to,murder and assaults, the trafficking of illicit drugs and firearms, carjacking, and other violent crimes. Fridley Public Safety and the BCA wish to continue their partnership to reduce violent crime in our community. The City of Fridley already has a well-established relationship with the BCA through multiple ongoing investigative partnerships. Starting in early 2022, Fridley Public Safety provided a dedicated detective to theBCAViolent Crime Work Group. That particular detective was partially funded by the City of Minneapolis because of the rise in violent crime they were experiencing. This new partnership with the BCA VCRU will fully fund that detective position. The VCRU usesan array of proactive and reactive investigative techniques to prevent, investigate, and prosecuteviolent crime; gathers information necessary to identify crime patterns and uses this informationto develop strategies for prevention and enforcement; and conducts outreach and education tocommunity members, groups, and stakeholders in order to facilitate the creation and implementation of solutions to deter and prevent violent crime. Financial Impact The BCA is providing funding for the full salary and fringe costs of a licensed police officerfor five years or until funds are depleted. Recommendation Staff recommend the approval of Resolution No. 2024-17, Approving anAgreement Between the City of Fridley and the Minnesota Department of Public Safety -Bureau of Criminal Apprehension (BCA) for Participation in the Violent Crime Reduction Unit (VCRU). Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 329 Jufn!7/ Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Community Identity & Relationship Building Financial Stability & Commercial Prosperity X Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Resolution No. 2024-17 !Agreement Between the City of Fridley and the Minnesota Department of Public Safety - Bureau of Criminal Apprehension (BCA) for Participation in the Violent Crime Reduction Unit (VCRU) Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 32: Jufn!7/ Resolution No. 2024-17 Approving an Agreement Between the City of Fridley and the Minnesota Department of Public Safety - Bureau of Criminal Apprehension (BCA) for Participation in the Violent Crime Reduction Unit (VCRU) Whereas, Minnesota Statute § 471.59 allows two or more governmental units, by agreement entered into through action of their governing bodies, to jointly or cooperatively exercise any power common to the contracting parties or any similar powers; and Whereas, The Minnesota Department of Public Safety, Bureau of Criminal Apprehension (BCA) established the BCA Violent Crime Reduction Unit (VCRU) to prevent, investigate, and prosecute violent crimes; and Whereas, the violent crimes that the VCRU will address include, but are not limited to, murder and assaults, the trafficking of illicit drugs and firearms, carjacking, and other violent crimes; and Whereas, the BCA and the City of Fridley (City) have a well-established partnership dating back to early 2022 in which they successfully performed nearly identical work together as part of the BCA Violent Crime Work Group; and Whereas, the City wishes to continue its partnership with the BCA as part of the VCRU; and Whereas, a joint powers agreement between the participating entities has been drafted and reviewed; and Whereas, the BCA will reimburse the City for the salary, fringe, and overtime costs of a detective for the duration of the agreement or until all funds are exhausted. Now, therefore be it resolved, that the City Council of the City of Fridley hereby supports the agreement with the Minnesota Department of Public Safety, Bureau of Criminal Apprehension (BCA) for participation in the Violent Crime Reduction Unit (VCRU). _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 331 Jufn!7/ !TXJGU!Dpousbdu!Ovncfs;!242979! ! STATE OF MINNESOTA BCA VIOLENT CRIME REDUCTION UNIT JOINT POWERS AGREEMENT ! boe!Djuz!pg! Gsjemfz!bdujoh!po!cfibmg!pg!jut!Qpmjdf!Efqbsunfou-!8182!Vojwfstjuz!Bwf!OF-!Gsjemfz-!NO!66543! ! ! Sfdjubmt/! fohbhf!jo!bhsffnfout!up!kpjoumz!boe!dppqfsbujwfmz!fyfsdjtf!uifjs!qpxfst/!Uif!Qbsujft!xjti!up!xpsl!uphfuifs! up!qsfwfou-!jowftujhbuf-!boe!qsptfdvuf!wjpmfou!dsjnft-!jodmvejoh!cvu!opu!mjnjufe!up!nvsefs!boe!bttbvmut-!uif! usbggjdljoh!pg!jmmjdju!esvht!boe!gjsfbsnt-!dbskbdljoh-!boe!puifs!wjpmfou!dsjnft/!Uif!Hpwfsonfoubm!Voju!xbout! ! ! 2/!Ufsn!pg!Bhsffnfou/! 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Hpwfsonfoubm!Voju-!ops!boz!qfstpot!qfsgpsnjoh!voefs!uif!Bhsffnfou/!! ! 3/!!Qvsqptf/!Uif!Hpwfsonfoubm!Voju!boe!uif!CDB!foufs!joup!uijt!Bhsffnfou!up!gbdjmjubuf!uif! dppqfsbujpo!boe!dppsejobujpo!pg!uif!Hpwfsonfoubm!Voju!xjui!uif!xpsl!pg!uif!WDSV-!xijdi!vtft! bo!bssbz!pg!qspbdujwf!boe!sfbdujwf!jowftujhbujwf!ufdiojrvft!up!qsfwfou-!jowftujhbuf-!boe!qsptfdvuf! wjpmfou!dsjnf<!hbuifst!jogpsnbujpo!ofdfttbsz!up!jefoujgz!dsjnf!qbuufsot!boe!vtft!uijt!jogpsnbujpo! up!efwfmpq!tusbufhjft!gps!qsfwfoujpo!boe!fogpsdfnfou<!boe!dpoevdut!pvusfbdi!boe!fevdbujpo!up! dpnnvojuz!nfncfst-!hspvqt-!boe!tublfipmefst!jo!psefs!up!gbdjmjubuf!uif!dsfbujpo!boe! jnqmfnfoubujpo!pg!tpmvujpot!up!efufs!boe!qsfwfou!wjpmfou!dsjnf/! ! 4/!!Sftqpotjcjmjujft!pg!uif!Hpwfsonfoubm!Voju/! jnqmfnfoufe!wjb!uif!qfsgpsnbodf!pg!uif!gpmmpxjoh!bdujwjujft!cz!uif!Hpwfsonfoubm!Voju!boe!boz! joejwjevbmt!xpsljoh!xjui!uif!WDSV!po!jut!cfibmg-!voefs!uif!mfbefstijq!pg!uif!Tqfdjbm!Bhfou!jo! 1 BCA VCRU JPA 01/2024 332 Jufn!7/ !TXJGU!Dpousbdu!Ovncfs;!242979! ! 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Ebuf;``````````````````````````````````````````````````!! ! ! ! ! 9 BCA VCRU JPA 01/2024 33: Jufn!8/ AGENDA REPORT Meeting Date:February12, 2024 Meeting Type:City Council Submitted By:James Kosluchar, Public Works Director Brandon Brodhag, Assistant City Engineer Touyia Lee, Graduate Engineer Title rd Resolution No. 2024-18, ApprovingChange Order No. 2for 53Avenue Trail and Walk Improvements Project No. ST2023-21 Background rd Attached is Change Order No. 2for the for 53Avenue Trail and Walk Improvements Project No. rd ST2023-21. This project includes street rehabilitation on53Avenue from Main Street to Trunk Highway rd 65 (Central Avenue), installation of a new bituminous trail on the south side of 53Avenue from Main rd Street to Central Avenue, and installation of a concrete sidewalk on the north side of 53Avenue from maintenance program and is a shared roadway between the cities of Fridley and Columbia Heightsfor rd the segment of 53Avenue between Trunk Highway 47 (University Avenue) to Trunk Highway 65 (Central Avenue). This project was submitted for eligible Minnesota Department of Transportation (MnDOT) Local Road Improvement Program (LRIP) funding for the trail, sidewalk, and resurfacing improvements in 2021 and received $1,250,000 in State funding.The City of Columbia Heights will be providing funding for a portion of the project through a Joint Powers Agreement. The work is being performed under a contract withPark Construction Companyof Spring Lake Park, MN. The amount of this change order is$175,658.86.Total work included in Change Order No. 2would increase thecontract by 9.9%.Cumulative change orders to this project,including Change Order No. 2, would total 22.2% of the original contract. A summary of the changes is attached. Additional work was required due to the following: Excavating and Replacing Contaminated Soil (CO2.01) In the process of installing the watermain on Monroe Street by KinderCareand Petco, the Contractor smelled petroleum while excavating. City staff worked together with the contractor and determined the soil to be the potential source of the smell. The Contractor requested the soil to be tested for petroleum contaminates.Braun Intertecconfirmed through laboratory testing the soil wascontaminated.With contaminated soil, the Contractor had to dispose of the soil at a special location and replaced the contaminated soilarea with onsiteexcess sand. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 341 Jufn!8/ CO2.01 accounted for $25,658.06 of the change order and will be funded with Water Utility CIP Fund. Monroe Soft Spot Correction (CO2.02) rd A section of 53 Avenue near Monroe Street had a soft spot that required correction due to unforeseen soil distress conditions. City staff directed the Contractor to excavate, compact, and regrade the soil to correct the soft spot area. C02.02 also includes the expense of paving the newly corrected area. CO2.02 accounted for $19,574.94 of the change order. The City of Columbia Heights will fund $6,851.23 and City of Fridley will fund $12,723.71 with their respective Minnesota State Aid System Funds and Street CIP Fund. Common Excavation (CO2.03) Final quantities for common excavation exceeded the base contract quantity. City Staff determined that the base contract quantity was underestimated recorded. Quantity overrun can also be attributed to additional excavation required to improve adjacent property grades tying into the new retaining wall, bituminous trail and concrete sidewalk. During design phase, tying existing grades of adjacent properties to the proposed trail or sidewalk can be difficult to identify the amount of grading required based off the design survey received and may require field fitting during construction to get the correct grades. CO2.03 accounted for $120,011.50 of the change order. The City of Columbia Heights will fund $68,406.55 and City of Fridley will fund $51,604.95 with their respective Minnesota State Aid System Funds and Street CIP Fund. Concrete Cold Weather Protection (CO2.04) A portion of the concrete curb and gutter and concrete sidewalk were poured during mid to late October and early November when the temperature drops below freezing (32 degrees). There were multiple days in which concrete was poured during the day with overnight freezing temperatures due to delay from adjacent City project, private utility conflicts, and unforeseen weather. Due to these colder times of the year in which the concrete was poured, the concrete required a cold weather protective layer to cover the newly poured concrete. This protects the concrete and allows the concrete to cure properly. CO2.04 accounted for $10,414.36 of the change order. City of Columbia Heights will fund $3,119.71 and City of Fridley will fund $7,294.65 with their respective Minnesota State Aid System Funds and Street CIP Fund. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 342 Jufn!8/ Tabulation Summary Fridley Columbia Heights ITEM NO. DESCRIPTION COST COST TOTAL COST $ CO2.01 Excavating and Replacing Contaminated Soil $ 25,658.06 - $ 25,658.06 CO2.02 Monroe Soft Spot Correction $ 12,723.71 $ 6,851.23 $ 19,574.94 CO2.03 Common Excavation $ 51,604.95 $ 68,406.55 $ 120,011.50 CO2.04 Concrete Cold Weather Protection $ 7,294.65 $ 3,119.71 $ 10,414.36 $ 97,281.37 $ 78,377.49 $ 175,658.86 CHANGE ORDER NO. 2 TOTAL = $ 175,658.86 Financial Impact Funding for this project is derived from several sources including the Local Road Improvement Program Grant of $1,250,000, the City of Columbia Heights through a cost-share project Joint Powers Agreement, Municipal State Aid System funding, special assessments, and Utility CIP funds (water, sanitary sewer, and storm sewer). The amount of this change order exceeds the normal project allowance of 5% and has a budget remaining of $124,404.10 for the project. Recommendation rd Staff recommends the approval of Resolution No. 2024-18, Approving Change Order No. 2 for 53 Avenue Trail and Walk Improvements Project No. ST2023-21. Focus on Fridley Strategic Alignment x Vibrant Neighborhoods & Places Community Identity & Relationship Building Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Resolution No. 2024-18 rd !Change Order No. 2 for 53 Avenue Trail and Walk Improvements Project No. ST2023-21 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 343 Jufn!8/ Resolution No. 2024-18 rd Approving Change Order No. 2 for 53 Avenue Trail and Walk Improvements Project No. ST2023-21 rd Whereas, the 53 Avenue Trail and Improvements Project (Project) included street rehabilitation on 53rd Avenue from Main Street to Trunk Highway 65 (Central Avenue), installation of a new bituminous trail on the south side of 53rd Avenue from Main Street (CSAH 102) to Central Avenue (Trunk Highway 65), and installation of a concrete sidewalk on the north side of 53rd Avenue from Trunk Highway 47 (University Avenue) to Monroe Street street maintenance program under a contract with Park Construction Company of Spring Lake Park, MN (the Contractor); and Whereas, City of Columbia Heights through a cost- State Aid System funding, utility enterprise funds and special assessments; and Whereas, City staff directed the Contractor to perform work for the items that are incorporated into this change order as enumerated in the agenda report; and Whereas, cumulative additional work has been directed by the City that modifies the contract from $1,776,297.26 to $2,170,512.32 (a 22.2% increase) to meet the goals and requirements of the project. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves Approval rd of Change Order No. 2 for the 53 Avenue Trail and Improvements Project ST2023-21 in the amount of $175,658.86. Passed and adopted by the City Council of the City of Fridley this 12th day of February, 2024. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 344 Jufn!8/ Public Works Department Streets ¤ Parks ¤ Water ¤ Sewer ¤ Stormwater ¤ Fleet ¤ Facilities¤ Engineering 12-Feb-24 Park Construction Company 1481 81st Ave NE Minneapolis, MN 55432 SUBJECT : Change Order No. 2 53rd Avenue Trail and Walk Improvements Project No. ST2023-21 You are hereby ordered, authorized, and instructed to modify your contract for the above referenced project by including the following items: ITEM NO.UNITSQUANTITYUNIT PRICECOSTDESCRIPTION Excavating and Replacing Contaminated Soil CO2.01LUMP SUM1.0025,658.06$ 25,658.06$ CO2.02LUMP SUM1.0019,574.94Monroe Soft Spot Correction$ 19,574.94$ Common Excavation CO2.03CU YD2,01759.50$ 120,011.50$ CO2.04LUMP SUM1.0010,414.36Concrete Cold Weather Protection$ 10,414.36$ CHANGE ORDER NO. 1 TOTAL = 175,658.86$ Original Contract Amount:$1,776,297.26 Prior Change Orders Approved:218,556.20$ 12.3%of Original Contract Amount This Change Order:175,658.86$ Proposed Contract Amount:$2,170,512.3222.2%of Original Contract Amount Submitted and approved by James Kosluchar, Director of Public Works, on the 12th Day of February 2024 James P. Kosluchar, Director of Public Works Approved and accepted this th day of , 2024 by Park Construction Company Park Construction Company Representative th day of , 2023 by the City of Fridley Approved and accepted this Scott Lund, Mayor Walter T. Wysopal, City Manager 345 Page 1 of 1 Jufn!9/ AGENDA REPORT Meeting Date:February12, 2024 Meeting Type:City Council Submitted By: Maddison Zikmund, Deputy Director/Fire Chief Title Resolution No. 2024-21, Approving an Exemption to Terms of theTemporaryIntoxicating Liquor Permit for the Fridley Fire Divisionforan Event to be Held on March16, 2024at the Springbrook Nature Center Background Pursuant to the Intoxicating Liquor Chapter of the Fridley City Code (Code), Temporary Liquor Licenses require the approval of theFridleyCity Council(Council). The Fire Division hosts an annual award banquet for staff in the first quarter of each year. The event is a chance to recognize the accomplishments from the previous calendar year. For 2024, staff willhost the event at the Springbrook Nature Center on March16. The Fire Division will contract with a licensed vendor in accordance with the Code. Section 603.24 requires an Intoxicating Liquor licensee to hire uniformed police officers to be on the premises during the use of the license.Resolution No. 2024-21seeks an exemption from Section 603.24 as it is a City- sponsored event. Financial Impact All revenues for similarlicenses were anticipated as part of the 2024Budget. Recommendation Staff recommend the approvalof Resolution No. 2024-21, Approving an Exemption to Terms of the TemporaryIntoxicating Liquor Permitfor the Fridley Fire Divisionforan Event to be Held on March 16, 2024at the Springbrook Nature Center. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &Places X Community Identity &Relationship Building Financial Stability & Commercial Prosperity X Public Safety & Environmental Stewardship Organizational Excellence Attachments Resolution No. 2024-21 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 346 Jufn!9/ Resolution No. 2024-21 Approving an Exemption to Terms of the Temporary Intoxicating Liquor Permit for the Fire Division for an Event to be Held on March 16, 2024 at the Springbrook Nature Center Whereas, the Fridley City Code (Code) and various sections of Minnesota Statute (M.S.) direct licensing requirements for certain business activities within the City of Fridley (City); and Whereas, pursuant to the Intoxicating Liquor Chapter of Code, the City Council (Council) must approve liquor licenses and permits; and Whereas, the Fire Division will be using an existing licensed caterer and liquor license holder in accordance with the Code; and Whereas, the terms of Section 603.24 state the Council may require the license holder to hire unformed police officers to remain on premises during the use of the license; and Whereas, City staff have discussed and reviewed this proposal; and Whereas, applicable City staff recommend the exemption to Section 603.24 by the Council. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves the exemption of Section 603.24 of the Fridley City Code requiring the contracted Intoxicating Liquor License hire police officers for an event to be held at the Springbrook Nature Center on March 16, 2024. th Passed and adopted by the City Council of the City of Fridley this 12 day of February, 2024. _______________________________________ Scott J. Lund Mayor Attest: ___________________________________ Melissa Moore City Clerk 347 Jufn!:/ AGENDA REPORT Meeting Date:February 12, 2024 Meeting Type:City Council Submitted By:Roberta Collins, Assistant to the City Manager Title Resolution No. 2024-22,Approving Claims for the Period Ending February 7,2024 Background Attached is Resolution No. 2024-22 and the claims report for the period endingFebruary 7, 2024. Financial Impact Included in the budget. Recommendation Staff recommend the approval of Resolution No. 2024-22, Approving Claims for the Period Ending February 7, 2024. Focus on Fridley Strategic Alignment Vibrant Neighborhoods &PlacesCommunity Identity &Relationship Building X Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources Resolution No. 2024-22, Approving Claims for the Period Ending February 12, 2024 City Council Claims Report Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 348 Jufn!:/ Resolution No. 2024-22 Approving Claims for the Period Ending February 7, 2024 Whereas, Minnesota Statute § 412.271 generally requires the City Council to review and approve claims for goods and services prior to the release of payment; and Whereas, a list of such claims for the period ending February 7, 2024, was reviewed by the City Council. Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves the payment of the claims as presented. th Passed and adopted by the City Council of the City of Fridley this 12 day of February, 2024. _______________________________________ Scott J. Lund - Mayor Attest: Melissa Moore City Clerk 349 34: Jufn!:/ 351 Jufn!:/ 352 Jufn!:/ 353 Jufn!:/ 354 Jufn!:/ 355 Jufn!:/ 356 Jufn!:/ 357 Jufn!:/ Jufn!21/ AGENDA REPORT Meeting Date:February 12, 2024 Meeting Type:City Council Submitted By:Scott Hickok, Community Development Director Stacy Stromberg, Planning Manager Title Public Hearing and Adoption of Resolution No. 2024-20,Approving an Alley and Easement Vacation Request, SAV #23-04for , generally located on the southeast corner of Mississippi Street and Central Avenue N.E.(Ward 2) Background Over the past three properties at the SE intersection of Mississippi Street and Central Avenue to allow for a potential redevelopment project. To help prepare the land for redevelopment,the HRAis requesting to vacate a portion of the 16 ft. unimproved alley, shown in blue that lies between 1340 and 1358 Mississippi Street and a 5 ft. utility easement, shown in red that runs along the western property line of 1340 Mississippi Street. Prior toconstruction of a redevelopment project, the properties will need to be replatted, which will include creation of new drainage and utility easements. An amendment to the existing S-2, Redevelopment Master Plan will also need to be reviewed by thePlanning Commission and City Council. A Notice of Public Hearing before the City Council was published in the January 26, 2024,and February 2, 2024, editionsof the Official Publication. Financial Impact No financial impact. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 358 Jufn!21/ Recommendation Staff recommend the approval of Resolution No. 2024-20, Approving an Alley and Easement Vacation Request, SAV #23- the southeast corner of Mississippi Street and Central Avenue N.E. (Ward 2). Focus on Fridley Strategic Alignment X Vibrant Neighborhoods & Places Community Identity & Relationship Building Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship Organizational Excellence Attachments and Other Resources !Resolution No. 2024-20 Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 359 Jufn!21/ Resolution No. 2024-20 Approving Vacation, SAV #23-04 for the City, for the property generally located at the Southeast Corner of Mississippi Street and Central Avenue N.E. Whereas, on December 15, 2023, Housing and Redevelopment Authority (HRA), submitted a request to vacate a portion of an alley and a utility easement for the properties generally located at the Southeast Corner of Mississippi Street and Central Avenue N.E.; and Whereas, notice of a public hearing concerning the requested vacation was provided in accordance with Fridley City Code § 205.05.08 and a public hearing was held on said request at the Fridley City Council (Council) meeting on February 12, 2024, at the Fridley City Hall, 7071 University Avenue N.E.; and Whereas, at the Council Meeting on February 12, 2024, the Council proceeded to hear all persons interested in said vacation request and the Council considered the request for said vacation; and Whereas, the Council in its discretion has determined that retaining a portion of the alley and utility easement will not benefit the public and that new utility easements will be dedicated when the property is replatted upon approval of a redevelopment project; and Whereas, the Alley and Utility Easement Vacation Description Sketch is attached hereto as Exhibit A. Now, therefore be it resolved that the City of Fridley (City), pursuant to City Charter §12.07, City Code § 205.05.8 and Minnesota Statues § 412.851, hereby vacates the alley and utility easement situated in the City of Fridley, County of Anoka, State of Minnesota, to wit: That part of alley, as created and dedicated within Block 1, Spring Valley, according to the recorded plat thereof, Anoka County, Minnesota, lying northerly of the following described line and its westerly extension: Commencing at the Northwest corner of the Northwest Quarter of the Southeast Quarter of Section 13, Township 30, Range 24, Anoka County, Minnesota; thence South 89 degrees 20 minutes 56 seconds East, assumed bearing, along the North line of said Northwest Quarter of the Southeast Quarter, 50.02 feet; thence South 00 degrees 48 minutes 09 seconds East, 30.01 feet to the Northwest corner of Lot 16, Block 1, said plat; thence South 89 degrees 20 minutes 56 seconds East, along the North line of said Block 1, a distance of 476.15 feet to the Northeast corner of Lot 13, Block 1, said plat; thence South 00 degrees 48 minutes 16 seconds East, along the East line of said Lot 13, a distance of 293.89 feet to the Southeast corner of said Lot 13 and the point of beginning of said line to be described; thence North 89 degrees 08 minutes 20 seconds West, along the South line of said Lot 13 and its westerly extension, 141.02 feet to the East line of Lot 18, Block 1, said plat, and said line there terminating. 35: Jufn!21/ And All of the easements described in Book 193 of Deeds, Page 184, Anoka County, Minnesota. th Passed and adopted by the City Council of the City of Fridley this 12 day of February 2024. ________________________________ Scott J. Lund Mayor Attest: ________________________________ Melissa Moore City Clerk 361 Revisions: Jufn!21/ f:\\jobs\\10741 - 10760\\10752 - spring valley\\cad c3d\\survey\\10752_dsc - alley & utility esmt vacation.dwg 362 12/20/23 Save Date: Jufn!22/ AGENDA REPORT Meeting Date:February 12, 2024 Meeting Type:City Council Submitted By:Scott Hickok, Community Development Director Stacy Stromberg, Planning Manager Nancy Abts, Associate Planner Title Resolution No. 2024-19, AuthorizingStaff to Resubmit a Comprehensive Plan Amendment to the Metropolitan Council to Change the Future Land Use Designation from C Commercial to P Parks and Recreation for the Land Generally Located at 6101 University Avenue Background On May 8, 2023, the Fridley City Council (Council) approved Resolution No. 2023-47, Approving a Comprehensive Plan Amendment to Update the Parks and Trails Chapter and to Change the Future Land Use Designation from C Commercial to P Parks and Recreation for the Land Generally Located at 6101 University Avenue and to Authorize Staff to Submit a Comprehensive Plan Amendment for the Same to the Metropolitan Council contingent on Metropolitan Council approval. Metropolitan Council staff found that parts of the plan amendment submittal relating to the Parks and Trails Chapter were incomplete as relating to conformance with the Regional Parks Systemandhas not approved the plan amendment. Therefore, staff will resubmit the amendment for a change in future land use designation. Financial Impact None. Recommendation Staff recommend the approval of Resolution No. 2024-19, AuthorizingStaff to Resubmit a Comprehensive Plan Amendment to the Metropolitan Council to Change the Future Land Use Designation from C Commercial to P Parks and Recreation for the Land Generally Located at 6101 University Avenue. Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 363 Jufn!22/ Focus on Fridley Strategic Alignment Vibrant Neighborhoods & Places Community Identity & Relationship Building Financial Stability & Commercial Prosperity Public Safety & Environmental Stewardship X Organizational Excellence Attachments and Other Resources !Resolution No. 2024-19 !Metropolitan Council Review Letter (June 7, 2023) Vision Statement We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses. 364 Jufn!22/ Resolution No. 2024-19 Authorizing Staff to Resubmit a Comprehensive Plan Amendment to the Metropolitan Council to Change the Future Land Use Designation from C Commercial to P Parks and Recreation for the Land Generally Located at 6101 University Avenue Whereas, the City of Fridley (City) is a municipal corporation organized and existing under the laws of the State of Minnesota; and Whereas, the City has established a Comprehensive Plan that provides a compilation of background data, policy statements, standards, and maps, which help to guide the future physical, social, and economic development of the City; and Whereas, on May 8, 2023, the City Council approved Resolution No. 2023-47, Approving a Comprehensive Plan Amendment to Update the Parks and Trails Chapter and to Change the Future Land Use Designation from C Commercial to P Parks and Recreation for the Land Generally Located at 6101 University Avenue and to Authorize Staff to Submit a Comprehensive Plan Amendment for the Same to the Metropolitan Council; and Whereas, pursuant to Resolution No. 2023-47, Amendment was ; and Whereas, the Metropolitan Council staff found that parts of the plan amendment submittal from 2023 were incomplete as relating to conformance with the Regional Parks System; and Whereas, the Metropolitan Council has not approved the plan amendment submittal; and Whereas, land use guidance for the property generally located at 6101 University Avenue; and Whereas, the City Council has reviewed the Comprehensive Plan amendment related to the future land use guidance for the property generally located at 6101 University Avenue and believes that it is consistent with the spirit and intent of the Comprehensive Plan and beneficial by providing more correct information about the future intent for Parks facilities. Now, therefore be it resolved, based upon the testimony elicited and information received in 2023, the City Council of the City of Fridley makes the following findings of fact: 1. That the City initiated in 2023 an update to the Comprehensive Plan in accordance with the procedures as established by state statute and the City Code. 2. That the proposed amendments to the Comprehensive Plan are consistent with the overall goals and objectives of the Comprehensive Plan. 365 Jufn!22/ Be it further resolved, that based on the above findings of fact, the City Council of the City of Fridley hereby reiterates its approval of the amendments to the Comprehensive Plan relating to the property generally located at 6101 University Avenue as follows: 1. Table 1.3: Future Land Use Acreage will be changed to reflect planned land use acreages; and 2. Figure 1.4: Future Land Use Map will be updated. Be it further resolved, that the City Council of the City of Fridley hereby authorizes and directs staff to submit a Comprehensive Plan amendment request consistent herewith to the Metropolitan Council for review and approval. Be it finally resolved, that the City Council of the City of Fridley approval of the Comprehensive Passed and adopted by the City Council of the City of Fridley this 12th day of February, 2024. _______________________________________ Scott J. Lund Mayor Attest: Melissa Moore City Clerk 366 Jufn!22/ June 7, 2023 Nancy Abts, Associate Planner City of Fridley 7071 University Avenue NE Fridley, MN 55432 RE: City of Fridley – Park System Improvements Comprehensive Plan Amendment – Incomplete for Review Metropolitan Council Review File No. 22154-4 Metropolitan Council District No. 2 Dear Nancy Abts: The Metropolitan Council received the City’s Park System Improvements comprehensive plan amendment for review on May 11, 2023, along with supplemental information on May 16, 2023. The amendment proposes a change in guiding land use from Commercial to Park and Recreation for a 0.6- acre parcel located at 6101 University Avenue NE. It also proposes to update the Existing City of Fridley Park System map (Figure 4.1) and the Existing Parks and Recreational Facilities Inventory (Figure 4.2) in the Parks and Trails chapter of the City’s 2040 Comprehensive Plan. These updates reflect changes in operational control from Anoka County to the City of Fridley for three parks within the City: Locke Park, Plaza Park, and Locke Lake Park. The purpose of the amendment is to align the comprehensive plan with the City’s Park System Improvement Plan to allow staff to begin implementation. Council staff finds that parts of the plan amendment submittal are incomplete. Additionally, some of the information provided has the potential to create a conformance issue for the Regional Parks system. Further review has been suspended pending receipt of the following: Regional Parks and Trails (Colin Kelly, 651-602-1361) There are two existing units of the Regional Parks System in the vicinity (i.e., within 1/2 mile) of the proposed land use change of 0.6 acres from Commercial to Parks and Recreation at 6101 University Avenue, and the proposal to return operational control of three parks from Anoka County to the City: the Mississippi River Regional Trail and the Rice Creek West Regional Trail. The Mississippi River Regional Trail (Anoka County) is approximately 0.5 mile west of the proposed land use change at 6101 University Avenue, on the opposite side of the Northstar Commuter Rail line. The proposed land use change at 6101 University Avenue is not likely to impact the Mississippi River Regional Trail. Rice Creek West Regional Trail traverses three parks addressed in another part of the proposed amendment. The amendment notes that “operational control of the three parks will revert to the City of Fridley. The trail will continue to be maintained as a regional facility. No negative impacts to trail users or to the regional system are anticipated.” The proposed changes to the operational arrangement for the three local parks referenced has the potential to impact Rice Creek West Regional Trail as it travels through the City of Fridley. Metropolitan Council (Regional Office & Environmental Services) 390 Robert Street North, Saint Paul, MN 55101-1805 P 651.602.1000 | F 651.602.1550 | TTY 651.291.0904 metrocouncil.org 367 An Equal Opportunity Employer Jufn!22/ Significant state and regional investments have been made in the Rice Creek West Regional Trail corridor, and Anoka County is the administrator of the regional trail. Prior to the Council continuing review ofany comprehensive plan amendments that relate to this operational arrangement, a new operational agreement between the City of Fridley and Anoka County needs to be executedand provided to the Council.It must describe how the regional trail will be maintainedinto the future, including how the existing state and regional investments will be managed for their useful life. Adjacent and Affected Jurisdiction Review (Katelyn Champoux, 651-602-1831) Prior to submitting an amendment to the Council for review, the City must notify adjacent and affected jurisdictions of the proposed change and allow 60 days to review and comment. The changes to the Parks and Trails chapter proposed in this amendment have the potential to impact Anoka County, making it an affected jurisdiction. Therefore, the City must notify Anoka County Parks of this amendment and provide 60 days to review and comment. The Council is unable to complete its review without this information. To be complete for review, the City must provide the date it sent the amendment to Anoka County for review, any comments it receives from the county, and the City’s response to these comments. If Anoka County does not provide comments within 60 days, the City should note this in its submittal to the Council. If the City wishesto move forward with the change in guiding land use, it mayresubmitthe amendment with only theinformation on theproposed land use change,excluding any references to the proposed changes to the Parks andTrails chapter. Given the size and location of the site for the proposed change in guiding land use, the Council will waive the adjacent and affected jurisdiction review. This waiver only applies if the change in guiding land use is resubmitted as a separate amendment.Please contact Council staff with any questions regarding this option. After the supplemental information is received and evaluated, if staff finds the plan complete the Council’s review process will be restarted. If you have any questions about the information requested in this letter or about the review process, contactthe technical reviewers directly, or Katelyn Champoux,Principal Reviewer, at 651-602-1831or via email at katelyn.champoux@metc.state.mn.us.As always, you can also contact your Sector Representative, Eric Wojchik,at 651-602-1330or via email at eric.wojchik@metc.state.mn.us. Sincerely, Angela R. Torres, AICP, Senior Manager Local Planning Assistance CC:Reva Chamblis, Metropolitan Council District No. 2 Eric Wojchik,Sector Representative Katelyn Champoux,Principal Reviewer Reviews Coordinator N:\\CommDev\\LPA\\Communities\\Fridley\\Letters\\Fridley 2023 Park System Improvements CPA Incomplete 22154-4.docx Page -2 | June 7, 2023 | METROPOLITAN COUNCIL 368