02-26-2024
City Council Meeting
February 26, 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.
FridleyMN.gov/1564/Agenda-
Center.
Pledge of Allegiance
Proclamations/Presentations
Proposed Consent Agenda
The following items are considered to beroutine 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 February 12, 2024
2.Receive the Minutes from the City Council Conference Meeting of February 12, 2024
3.Receive the Minutes from the Environmental Quality and Energy Commission (EQEC) Meeting of
December 12, 2023.
New Business
4.Resolution No. 2024-23, Approving Spring Lake Park Softball Association Gambling Permit
5.Resolution No. 2024-24, Approving Gifts, Donations and Sponsorships Received Between
January 13, 2024, and February 14, 2024
6.Resolution No. 2024-28, Approving the City of Fridley Data Practices Policy
Licenses
7.Resolution No. 2024-27, Approving Food/Gas/Tobacco License for Capl Retail, LLC, 7600
University Avenue
Claims
8.Resolution No. 2024-25, Approving Claims for the Period Ending February 21, 2024
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City Council Meeting 2/26/2024 Agenda Page 2
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)
9. Ordinance No. 1419, Public Hearing and First Reading to Create Title No. 5 (Lands and Buildings)
of the Fridley City Code and the Chapters Contained Therein
New Business
10. Resolution No. 2024-26, Approving Springbrook Nature Center Foundation Gambling Permit
11. Ordinance No. 1420, Amending the Fridley City Code Chapter 209, Fees, to Update Parks and
Recreation Fees (First Reading)
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.
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CITY COUNCIL MEETING
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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.
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AGENDA REPORT
Meeting Date:February 26, 2024 Meeting Type:City Council
Submitted By:Roberta Collins, Assistant to the City Manager
Title
Approve the Minutes from the City Council Meeting of February 12, 2024
Background
Attached are the minutes from the City Council meeting of February 12, 2024
Financial Impact
None.
Recommendation
Staff recommend the approval of the minutes from the City Council meeting of February 12, 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 February 12, 2024
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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City Council Meeting
February 12,2024
7:00 PM
Fridley City Hall, 7071 University Avenue NE
Minutes
Call to Order
Mayor Lund called the City Council Meeting of February 12,2024, to order at 7:00 p.m.
Present
Mayor Scott Lund
Councilmember Dave Ostwald
Councilmember Tom Tillberry
Councilmember Ryan Evanson
Absent
Councilmember Ann Bolkcom
Others Present
Walter Wysopal, City Manager
Scott Hickok, Community Development Director
Sarah Sonsalla, City Attorney
Mike Maher, Parks and Recreation Director
Pledge Of Allegiance
Proclamations/Presentations
Approval of Proposed Consent Agenda
Harland Prinereferenced the item related to building inspections and expressed concern with the
sweeping inspections that are done in apartments, and said it was a violation for the residents living in
apartments. He asked the number of arrests or warrants that are issued based on the things seen by
apartment inspections. He stated that a person should be able to opt out of the inspection.
Mayor Lund requested that Item 4be removed from the Consent Agenda for further discussion and
consideration. It was noted that it will become Item 12 on the Regular Agenda.
Scott Hickock, Community Development Director, explained that item is strictly related to the electrical
fees within the electrical code inspection for electrical inspections, not rental inspections.
Motion made by CouncilmemberTillberryto adopt the proposed Consent Agenda, as amended.
Seconded by CouncilmemberOstwald.
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City Council Meeting 2/12/2024 Minutes Page 2
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 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 the Fridley 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 Public Safety Bureau of Criminal Apprehension (BCA) for
Participation in the Violent Crimes Reduction Unit (VCRU).
rd
7. Resolution No. 2024-18, Approving Change Order No. 2 for 53 Avenue Trail and Walk
Improvements Project No. ST2023-21.
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.
Adoption of Regular Agenda
Item No. 4 was removed from the consent agenda and placed on the regular agenda as Item No. 12.
Motion made by Councilmember Tillberry to adopt the regular agenda with the addition of Item 12 as
discussed. Seconded by Councilmember Evanson.
Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously.
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City Council Meeting 2/12/2024 Minutes Page 3
Open Forum, Visitors: (Consideration of Items not on Agenda 15 minutes.)
Jake Karnopp stated that originally, they planned to be in attendance at the Parks and Recreation
meeting last week but there was an error in the date. He stated that he is a Fridley resident, School
Board member, and member of the Fridley Youth Sports Association Board. He provided data on
participation numbers for youth sports in Fridley. He also spoke about the partnership the association
has with the City. He commented on the value that the association provides to the City of Fridley and
its youth, regardless of the school they attend, their home address, or the money they can contribute.
He provided details on the scholarship program that the association offers, noting that a child has never
been turned away for inability to pay. He also noted funds that are solicited from organizations and
businesses to assist in providing equipment and uniforms. He stated that they are present tonight to
express concern with the current park plan. He explained that the current plan would eliminate one of
the two main fields at Commons Park. He commented that they would like those two fields to remain,
although they could use some updating. He noted that there are no plans to update the football field,
although that could use updating as well. He stated that soccer currently uses Community Park and if a
baseball field is removed from Commons, baseball will need to move to Community Park which will
then impact soccer. He asked that the association be kept in the loop and be provided the opportunity
to continue to provide input before an updated concept is developed, and also asked that the School
District be kept in the loop as well.
Mayor Lund commented that he looked at the fields earlier this summer and also at the concept, noting
that he already expressed concern with the fields, as he is aware of the demand for more fields. He
agreed that the School District should be a part of this process as there is also underutilized land on the
school property.
Mr. Karnopp said he believes that there is a way for everyone to get what they want from the concept.
Mayor Lund commented that a consultant has been hired to redesign the concept plan for the park.
Mike Maher, Parks and Recreation Director, commented that staff has had a series of meetings with the
consultant and expect to have a number of options to consider which will be reviewed with the
stakeholders from the association and School District at the meeting on February 26.
Mayor Lund commented on the extensive outreach that was done during the Parks master planning
process. He stated that they are working with the consultant to update that concept in order to meet
the needs of the community and provide a more diverse set of offerings within the parks. He noted
that there are community fields that can also be used, although they may not be as desirable.
Mr. Karnopp commented on the loss of participation in the baseball program if those community fields
have to be used, as many children come from the school after school is over and will not have
transportation.
Councilmember Tillberry commented that he coached for FSYA in the past and recognized the demand
for space at that time. He stated that they would like to have a plan that works for everyone which is
why they are going back to the drawing board to find a concept that works, while addressing the
responsibility for all taxpayers.
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City Council Meeting 2/12/2024 Minutes Page 4
Nikki Auna, Fridley Heights Soccer, stated that her family has been a part of the association since 2014,
and she has served on the Board since 2017. She provided information on the Fridley-Heights Soccer
Club and how it has grown over the years to the point of having a wait list. She stated that if field two
is eliminated for baseball at Commons Park, the soccer program would need to be cut in half because
of the impacts of baseball having to move to Community Park. She reiterated that a hockey rink is not
needed for this community, noting the short season compared to the longer season and more use that
other space could provide.
Children from Fridley Heights Soccer Club spoke about their positive experiences playing soccer.
Mr. Karnopp invited members of the Council to come and check out the use of the fields during this
upcoming season.
The Council recognized and thanked everyone who came to the meeting, and commented that they do
want to find a concept that works for the most people.
Another resident spoke about his experience with his kids playing hockey for a few years, noting that it
was through a larger organization with multiple communities. He said that organization had disbanded
because there was not enough participation and therefore his kids play in Mounds View.
Wally Wysopal, City Manager, commented that staff will continue to communicate with Mr. Karnopp for
this stakeholder group.
Regular Agenda
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)
Motion made by Councilmember Tillberry to open the public hearing. Seconded by
Councilmember Ostwald.
Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously.
Mr. Hickok presented a request relating to the space located at the southeast corner of Mississippi
Street and Central Avenue N.E. which is part of the larger area that has been acquired by the HRA
for redevelopment. He stated that in order for the parcels to be joined for future development,
there would need to be vacation of a small alley area that runs north/south. He asked Council to
consider the vacation of that area noting that staff supports the request as presented.
th
Councilmember Ostwald asked if the alley extends to 64Avenue.
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City Council Meeting 2/12/2024 Minutes Page 5
Mr. Hickok replied that it does not and explained that the alley stops midblock. He explained that
the gaps in the survey will be corrected as part of the larger plat that will follow.
Glen Weiner commented that he lives on the north side of Mississippi and stated that his concern is
with a potential project that could be developed on the property in the future. He commented on
the water issues that exist in that area, noting that he and a neighbor have both had feet of water in
their basement at different times. He asked how the drainage could be managed.
Mayor Lund explained that when a development occurs, they must engineer stormwater
management, noting that the same requirements did not exist decades ago when some of these
properties were developed.
Jim Steigauf, 1361 Mississippi Street N.E., commented that he spoke with Mr. Kosluchar about the
issues and was made aware of a drainage problem that developed when the school property was
converted to residential. He commented on the conditions that they experience on their properties
in that area.
Mayor Lund said the vacation would remove the alley on the plat, explaining that there is not an
actual alley in that place. He explained there are no development plans before the Council for this
site. He explained that any potential development would go through the typical planning process
which would allow for public comment.
Mr. Hickok provided additional details on the future process that will occur relating to platting of
the land, confirming that notice would be provided to residents within 350 feet as well as published
in the typical manners. He stated that because the property is owned by the HRA, the City would
have control in reviewing the potential proposals that could come forward in the future.
Motion made by Councilmember Tillberry to close the public hearing, Seconded by Councilmember
Ostwald.
Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously.
Motion made by Councilmember Evanson to adopt Resolution No. 2024-20, Approving an Alley and
Easement Vacation Request, SAV #23-04,
(HRA), generally located on the southeast corner of Mississippi Street and Central Avenue N.E.
(Ward 2). Seconded by Councilmember Ostwald.
Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously.
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 N.E.
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City Council Meeting 2/12/2024 Minutes Page 6
Mr. Hickok presented a request for staff to resubmit a Comprehensive Plan amendment to the
Metropolitan Council. He explained that this would change the underlying land designation for the
property located at 6101 University Avenue N.E.
Mayor Lund commented that the change would make sense.
Motion made by Councilmember Tillberry to adopt 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 N.E. Seconded by Councilmember Evanson.
Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously.
12. Ordinance No. 1418, Amending the Fridley City Code Chapter 209, Fees, to Update Building and
Inspection Fees.
Mr. Wysopal asked that staff review the proposed changes to fees to ensure that the comments
received are related to the specific changes.
Mr. Hickok stated that this is the second reading of an Ordinance amendment that would adjust the
electrical inspection fee charge. He stated that the plumbing and construction inspections are
completed by City staff while the electrical inspections are completed by a contracted inspector. He
explained the proposed changes to the fees related to the electrical inspections.
Harland Prine commented on the fee for items under 50 volts. He also asked when the issue of
rental inspections could be further discussed. Mayor Lund suggested that the resident make an
appointment with staff to further discuss the topic.
Councilmember Ostwald acknowledged that rental inspections are completed every three years and
that is the item the resident has concern with. He also suggested that the resident follow up with
staff.
Motion made by Councilmember Ostwald to adopt Ordinance No. 1418, Amending the Fridley City
Code Chapter 209, Fees, to Update Building and Inspection Fees. Seconded by
Councilmember Evanson.
Informal Status Reports
Councilmember Evanson commented that he has lived near Moore Lake Park for eight years and has
never seen more kids at the playground than he has the past two Sundays. He stated that it is a success
that the City and staff should be proud of.
Councilmember Tillberry commented that it was great to see the kids in attendance tonight, especially
those who spoke to provide input to the Council.
:
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City Council Meeting 2/12/2024 Minutes Page 7
Adjourn
Motion made by Councilmember Ostwald to adjourn. Seconded by Councilmember Evanson.
Upon a voice vote, all voting aye, Mayor Lund declared the motion carried unanimously and the
meeting adjourned at 8:26 p.m.
Respectfully Submitted,
Melissa Moore Scott J. Lund
City Clerk Mayor
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AGENDA REPORT
Meeting Date:February 26, 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 February 12, 2024
Background
Attached are the minutes from the City Council conference meeting of February 12, 2024.
Financial Impact
Recommendation
Receive the minutes from theCity Council conference meeting ofFebruary 12, 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 February 12, 2024
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
22
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Council Conference Meeting
February 12, 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(Remotely)
Others Present:Walter Wysopal, City Manager
Scott Hickok, Community Development Director
Becca Hellegers, Director of Employee Resources
Melissa Moore, City Clerk
Danielle Herrick, City Manager Intern
Lieutenant Andrew Todd
Items for Discussion
1.Employee Resources Update.
Becca Hellegers, Director of Employee Resources, provided an update on newlyhired employees
within the City.
2.Community Development Update.
Scott Hickock, Community Development Director, provided an update on activities within the
Community Development Department.
3.Special Use Permit for 6831 University Avenue N.E.
Scott Hickok, Community Development Director, provided background information on the Special
Use Permit, and the requirements set forth in the Special Use permit.
4.City Commissions Goals and Objectives.
Danielle Herrick, City Manager Intern, provided an update on the work of the City commissions in
2023,and the 2024 goals of the commissions.
5.DataPractices Policy.
Danielle Herrick, City Manager Intern, provided an update on the effort
Practices Policy, and summarized the changes to the policy.
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AGENDA REPORT
Meeting Date:February 26, 2024 Meeting Type:EQECommission
Submitted By:Julianne Beberg, Office Coordinator
Title
Receive the Minutes from the Environmental Quality and Energy Commission (EQEC) Meeting of
December 12,2023.
Background
Attached are the minutes from the EQEC meeting of Decembre 12, 2023.
Financial Impact
None
Recommendation
Receive the minutesof the EQECmeeting of December 12, 2023.
Attachments and Other Resources
Minutes from the EQECCommission Meeting of December 12, 2023
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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ENVIRONMENTAL QUALITY & ENERGY
COMMISSION MEETING
December12,2023
7:00 PM
Fridley Civic Campus, 7071 University Ave N.E.
MINUTES
Call to Order
Chair Klemzcalled the Environmental Quality and Energy Commissionto order at7:07 p.m.
Roll Call
Present:Aaron Klemz
Heidi Ferris
Nick Olberding
Justin Foell
Sam Stoxen
Amy Dritz
Absent:Mark Hansen
Others Present: Rachel Workin, Environmental Planner
Approval of Agenda
Motionby CommissionerOlberding to approvethe meeting agenda. Secondedby CommissionerDritz.
The motion carriedunanimously.
Approval of Meeting Minutes
1.Approval of November14, 2023 Environmental Quality and Energy Commission Meeting
Minutes
Motionby CommissionerFerristo approvethe November14, 2023meeting minutes. Secondedby
CommissionerFoell.The motion carriedunanimously.
New Business
2.Pilot Voluntary Boulevard Planting Program
Ms. Workin shared that the City was interested in piloting a voluntary boulevard tree planting program
that any resident could opt into. She shared that the City would pilot the program with 25 trees. In the
event that more than 25 trees were requested, commissioners recommended prioritizing trees that
were in areas that had both low canopy coverage and were mapped as environmental justice areas by
25
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Environmental Quality & Energy Commission Minutes Page 2
Meeting 12/12/2023
the MPCA. Commissioner Ferris recommended considering fruiting trees and reaching areas with low
canopy coverage by phrasing outreach as an invitation and an opportunity to build community.
Old Business
3.!Energy Action Plan updates
Ms. Workin shared an update on adding solar to the Moore Lake Park Community Building.
4.!Outreach and Event updates
Ms. Workin shared that she planned to attend Winterfest to talk about recycling.
5.!Grant Updates
Ms. Workin shared that the Moore Lake Biochar and Iron Enhanced Sand Filter is constructed but
operations had not started due to supply chain issues delaying the delivery of the control panel for the
pump/getting power to the site. She said that it should be operational this spring.
Other Items
6.!Informal Status Reports
Ms. Workin shared items she planned to bring to the EQEC in 2024 and asked for commissioner
feedback on work activities and speakers. Ideas suggested including looking at rule changes to include
training requirement for salt applicators and deconstruction. Suggested speakers included someone
who could speak to the history of the river as well as representatives from the Fridley High School or
Middle School Grean Team. Ms. Workin said she would contact the schools and asked for assistance
identifying speakers on the topic of the river. Commissioners also discussed assembling a 2024 self-
guided sustainability tour. It was recommended that the commission discuss locations at a future
meeting.
Adjournment
Motion by Commissioner Dritz to adjourn the meeting. Seconded by Commissioner Olberding. The
Motion carried unanimously. The meeting was adjourned at 7:53 p.m.
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AGENDA REPORT
Meeting Date:February 26, 2024 Meeting Type:City Council
Submitted By: Beth Kondrick, Deputy City Clerk
Title
ResolutionNo.2024-23, Approving Spring Lake Park Softball Association Gambling Permit
Background
Pursuant to sections of the Fridley City Code (Code), certain business licensing activities require approval
of theFridleyCity Council(Council), includingTemporary Lawful Gambling permits.
The City received an application from Tanya Hartwellof the Spring Lake Park Softball Association for a
Lawful Gambling permit for a Raffle event to be held atCommunity Park on May 11, 2024.
Staff have performed the required verification steps spelled out in the Lawful Gambling Chapterof the
Code. Upon approval of the Council,the City permit and associated certifications will be forwardedto
the State for issuance.
Financial Impact
All revenues for similarlicenses were anticipated as part of the 2024Budget.
Recommendation
Staff recommend the approval of Resolution No. 2024-23, Approving Spring Lake Park Softball
Association Gambling Permit.
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. 2024-23
Vision Statement
We believe Fridley will be a safe, vibrant,friendly and stable home for families and businesses.
27
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Resolution No. 2024-23
Approving Temporary Lawful Gambling Permit for Spring Lake Park Softball Association
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 of the Lawful Gambling Chapter of the Code, the City Council must approve
exempt lawful gambling permits; and
Whereas, a Temporary Lawful Gambling permit application was submitted by Tanya Hartwell for
a raffle event to be held at Community Park on May 11, 2024; and
Whereas, permits
and have recommended the permit for approval.
Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves the
Temporary Lawful Gambling permit to be issued to Tanya Hartwell for a raffle event to be held on
May 11, 2024 at Community Park.
Passed and adopted by the City Council of the City of Fridley this 26th day of February,
2024.
_______________________________________
Scott J. Lund Mayor
Attest:
___________________________________
Melissa Moore City Clerk
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AGENDA REPORT
Meeting Date:February 26, 2024 Meeting Type:City Council
Submitted By:Korrie Johnson, Assistant Finance Director
Title
Resolution No. 2024-24, Approving Gifts, Donations and Sponsorships Received BetweenJanuary 13,
2024, and February 14,2024
Background
Each month, the City of Fridley (City) receives various donations and gifts to support City operations,
programs and projects. Pursuant to Minnesota Statute § 465.03, the City may accept these donations
and gifts for the benefit of residents. For specific donations or gifts, the donor may prescribe certain
requirements, such as for a specific activity or department.
Consistent with the abovementioned statute, staff prepared Schedule No. 1 (Exhibit A), which outlines
the various donations, gifts and/or sponsorships received by the City betweenJanuary 13, 2024, and
February 14,2024.To accept the same, the Council must adopt the attached resolution by a twothird
majority vote.
Lastly, for each donation, gift or sponsorship, staff ensure it meets an identified need, does not create a
quidproquo or longterm maintenance obligation, and the donor received an acknowledgment of
their gift through a letter or publication.
Financial Impact
Every donation benefits the City
Recommendation
Staff recommend the approval of Resolution No. 2024-24,Approving Gifts, Donations and
Sponsorships Received BetweenJanuary 13, 2024, and February 14,2024
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. 2024-24
Exhibit A: Schedule No. 1
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
29
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Resolution No. 2024-24
Approving Gifts, Donations and Sponsorships for the City of Fridley
Whereas, throughout the year the City of Fridley (City) receives various gifts and donations; and
Whereas, the City is sincerely grateful for the support it receives from an array of organizations
and individuals; and
Whereas, without this support, the continuation of different events or programs would be difficult
to sustain; and
Whereas, the attached schedule (Exhibit A) lists all of the donations and gifts received by various
City departments between January 13, 2024, and February 14, 2024; and
Whereas, all of the items listed on the attached schedule (Exhibit A) are required to be accepted
by the City Council by a two-thirds majority vote; and
Whereas, all items have been determined to be donated free of any quid-pro-quo expectation
by the donor.
Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves and
accepts the various donations, gifts and sponsorships made between January 13, 2024, and
February 14, 2024.
Passed and adopted by the City Council of the City of Fridley this 26th day of February,
2024.
_______________________________________
Scott J. Lund Mayor
Attest:
Melissa Moore City Clerk
2:
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1
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Fund
Schedule No. 1
Value
Amount/
Donor Name,
if not anonymous
Report to Date Total$58,319.66
Department or DivisionProgram
Date
1/3/2024Public Safety - PoliceDonation for 'Night to Unite' SuppliesMINCO$1,000.00101
Received
2/2/2024SNCDonation Box ContentsVarious$142.00270
1/12/2024SNCDonation Box ContentsVarious$190.00270
1/13/2024Parks and RecreationGeneral DonationVarious$270.361011/18/2024Public Safety - PoliceDonation for Patient MemorialDawn Fennig$600.001011/18/2024SNCGeneral DonationMarvin Kolling$25.002701/24/
2024Parks and RecreationDonation for WinterfestFridley Lions Club$800.001011/18/2024Public Safety - FireDonation for Patient MemorialDawn Fennig$600.001011/26/2024SNCInternational Paper
Grant Reimbursement (SNCF)SNCF$3,000.002702/14/2024SNCFireplace Donation at SNCSpringbrook Foundation$28,192.30407
12/21/2023Public Safety - PoliceDonation to Safety CampMaduro Distributors Inc$15,000.0010112/29/2023SNCSNCF Grant ReimbursementXcel Energy$7,500.0027012/31/2023Public Safety - FireDonation
for Fire Prevention ActivitiesMINCO$1,000.00101
Gifts, Donations, and Sponsorships - City of Fridley
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AGENDA REPORT
Meeting Date:February 26, 2024 Meeting Type:City Council RegularMeeting
Submitted By: Danielle Herrick, City Manager Intern
Melissa Moore, City Clerk
Title
Resolution No. 2024-28,Approving the City of Fridley Data Practices Policy
Background
Minnesota Statute Chapter 13, also known as theMinnesota Government Data Practices Act (MGDPA),
is a Statelaw that controls how government data are collected, created, stored, used and released. The
MGDPA sets out certain requirements requiring the City to update its Data Practices Policy (Policy)
relating to the right of the public to access government data,the rights of individuals who are the
subjects of government data, not public data protection and not public data inventoryno later than
August 1 of each year.
Formatting and restructuring changes have been made to the Policyin order to make it approachable
and understandable for both staff and the public. Below is a summary of key updates:
Data Practices Contacts:
CurrentProposed Changes
Does not explicitly list the name nor the Explicitly names and provides the contact information
contact information for the Responsible for the City Clerk as the Responsible Authority and
Authority, Compliance Officers nor Designees.various staff as Compliance Officers and Designees.
Standing Requests:
CurrentProposed Changes
Allows standing requests.Does not allow standing requests.
Fee Schedule:
CurrentProposed Changes
Sets parameters for what fees may be Establishes fees for copies of regularly requested data.
charged, but does not set a fee schedule This tool will be used by staff and the public to ensure
outlining the actual fees.transparency in costs associated withdata requests.
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Financial Impact
None.
Discussion
Staff request the approval of Resolution No. 2024-28, Approving the City of Fridley Data Practices
Policy.
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. 2024-28
!City of Fridley Data Practices Policy
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Resolution No. 2024-28
Approving the City of Fridley Data Practices Policy
Whereas, the Fridley City Charter § 12.02 directs that records of the City of Fridley (City) must be
open to inspection in accordance with Minnesota Statute (M.S.) Chapter 13, the Minnesota
Government Data Practices Act; and
Whereas, M.S. Chapter 13, also known as the Minnesota Government Data Practices Act, is a State
law that controls how government data are collected, created, stored, used and released; and
Whereas, M.S. § 13.025, subd. 1 requires the City of Fridley (City) to prepare an inventory of any Not
Public Data and update the inventory annually; and
Whereas, M.S. § 13.025, subd. 2 requires the City to prepare a written public data access policy and
update it no later than August 1 of each year; and
Whereas, M.S. § 13.025, subd. 3 requires the City to prepare a written data subject rights and access
policy and update it no later than August 1 of each year; and
Whereas, M.S. § 13.05, subd. 5 requires the City to create procedures ensuring that data that are not
public are only accessible to persons whose work assignment reasonably requires access to the data.
Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves the City
of Fridley Data Practices Policy in compliance with the Minnesota Government Data Practices Act.
th
Passed and adopted by the City Council of the City of Fridley this 26 day of February, 2024.
_______________________________________
Scott J. Lund Mayor
Attest:
Melissa Moore City Clerk
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DATA PRACTICES POLICY
The Minnesota Government Data Practices Act (MGDPA),and Chapter 12 of the City Charter govern
all data and similar information collected, created, received, maintained, or disseminated by the City
of Fridley (City).
The MGDPA provides that the Citymust maintainall Government Data in a mannerthat makes it
easy for public inspection and access. The MGDPA regulates what information may be collected, who
has access to that information, the duties of government personnel in administering its provisions,
procedures for access to and classifying data, civil penalties for violations and the fees associated
with fulfilling any request for Government Data.
Pursuant to Minnesota Statutes (M.S.) Chapter 13, this Data Practices Policy (Policy) addresses the
requirement for a Public Data Access Policy, Data Subject Rights and Access Policy, Not Public
Data Protection Policy, and Not Public Data Inventory as required by the MGDPA, the Minnesota
Department of Administration and other State agencies.
If you have questions about the information inthis Policy, contact a
at 763-572-3450 or CityClerk@FridleyMN.gov.
Melissa Moore, City Clerk
7071 University Ave., N.E.
Fridley, MN 55432
763-571-3450
Melissa.Moore@FridleyMN.gov
As Responsible Authority, the City Clerkorders the following individuals as data practices compliance
official and designees.
Beth Kondrick, Deputy City Clerk
763-572-3573
Beth.Kondrick@FridleyMN.gov
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Becca Hellegers, Employee Resources Director
763-572-3507
Becca.Hellegers@FridleyMN.gov
Andrew Todd, Lieutenant
(651) 253-4729
Andrew.Todd@FridleyMN.gov
This Policy hereby incorporates by reference and adopts the definitions of M.S. § 13.02 and Minnesota
Rules 1205.0200.
Government Data: all data created, collected, received, maintained, or disseminated by any
of use.
Responsible Authority: City Clerk for the City of Fridley. The duties of the Responsible Authority
include controlling the collection, use and dissemination of government data. The Responsible
Authority is charged with classifying, maintaining and securing City government data; responding to
data requests; resolving disputes related to data; and all other duties set forth in the MGDPA.
Data Practices Compliance Official (DPCO): authorized staff who receive and respond to questions or
concerns about data practices problems, including problems in obtaining access to data the City
keeps, responsible for responding to questions or concerns regarding the MGDPA.
Designee: any City employee designated by the Responsible Authority to be in charge of individual
files or systems containing government data, and to receive and comply with data requests.
Proof of Identification: Acceptable forms of identification may include, but are not limited to: driver
license, a state-issued ID, a tribal ID, a military ID, a passport, a certified copy of a birth certificate, a
certified copy of a court order or any other form of identification deemed appropriate to verify
identity.
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Unless otherwise designated by the MGDPA, other applicable statute, or temporary classification, all
data that is collected, created, received, maintained, or disseminated by the City is presumed to be
public, regardless of format.
All government data is divided into three general classifications:
1. Data on individuals
2. Data not on individuals
3. Data on decedents.
Each classification has three subcategories that determine who may access data. In all three
classifications, public data is accessible by anyone.
The League of Minnesota Cities developed the following chart for clarity:
Data not
Data on on Data on
Individuals Individuals Decedents Access? Example(s)
Public Public Public Anyone Name on an application for a
license from the City
Not Public
Private Non-Public Private Data subjects, Social Security Number
individuals with
authorization from
the data subject, and
government Performance Evaluation
employees and
officials with a Body Worn Cameras
business need to
know.
Confidential Protected Confidential Only government Identity of mandated reporter
Non-Public employees and of child abuse or neglect.
officials with a
business need to Data related to an active civil
know. or criminal investigation that
would impede said
investigation.
Audit data on individuals
before final report.
Body Worn Cameras
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External Agencies
Contractors with the City are generally required to comply with the MGDPA. However, the City may
not be in possession of said data. All Contractors will be required to collect, maintain, store and
disseminate data in compliance with this Policy and the MGDPA. Contractors are required to notify
the City Clerk if a request for data is received, but the Contractor will be required to respond to said
request.
All Government Data, regardless of its format, is presumed to be public, unless the MGDPA or other
applicable law says otherwise. The MGDPA also requires the City to maintain and store Government
Data in a way that makes it easily accessible by members of the public.
Right to Access Public Data
The City cannot require a requester to identify themselves or explain the reason for a data request.
However, depending on how the requester wishes to receive the data, the City may need some
information about the requester. If the requester chooses not to provide any identifying information,
staff will provide them with contact information so they may check the status of the request. In
addition, if the City does not understand the request and has no way to contact the requester, it will
not be able to process the request.
Requests for Summary Data
Summary data are statistical records or reports created by removing identifying information about
individuals from entirely private or confidential data. The City will create summary data if you request
it in writing and pre-pay for the cost of creating the data.
How to Request Public Data
Follow the instructions in the How to Request Government Data section.
This section of the Policy applies to data subjects or entities who are the subject of data that is
collected, maintained, and/or disseminated by the City. In the normal course of business, the City
collects, maintains, and disseminates Government Data from members of the public, public and
private entities, its employees, and others who interact with the City. The MGDPA governs the rights
that data subjects have related to the data that the City collects, maintains, and disseminates. The
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City has established procedures to assure that all data on individuals is accurate, complete, and
current for the purposes for which it was collected.
Access
Data subjects have the right to inspect, free of charge, any public and private data that the City
maintains about them. If asked, the City will tell you whether data is kept about you and whether that
data are public, private, or confidential. See Classification of Data section above for more information
about the classifications.
Parents have the right to inspect or get copies of the public and private data that the City collects,
have this same right related to the minors for whom they are appointed as guardian.
Minors have the right to request the City not to give data about them to their parent or legal
guardian, and the City is required to inform a minor of this right. The City does have the authority to
deny su
request if the data at issue is educational data maintained by an educational agency or institution.
To request data as a data subject, follow the instructions in the How to Request Government Data
section.
Informed Consent - When the City Collects Data
When the City collects data that may be not public, the City must give the data subject a notice,
referred to as a Tennessen Warning. This notice gives a data subject information about why the City
is collecting certain data, what the intended use of that data will be, and limits what the City can do
with the data. The City cannot use or release the data for a purpose other than the purpose for which
it was collected. The City must obtain written permission from a data subject before the City can use
or release the data for any other purposes. This permission is called Release of Information Consent
attached hereto.
Challenging Accuracy and/or Completeness of Data
A data subject has the right to challenge the accuracy and/or completeness of the public and private
data that the City maintains about that data subject. The data subject has the right to appeal any
decision made on a challenge. A parent or guardian has the same rights related to the public or
private data about the minor(s) for whom they are legally responsible.
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Requesting access to government data is the same for members of the public and data subjects. To
inspect data or request copies of data that the City maintains, a written request must be submitted
using the Data Request Form. The completed form must be submitted to the City Clerk, or their
designee. Requests may be submitted in-person, by mail or email.
The City cannot require a member of the public to provide identifying information or explain the
reason for the data request. However, City staff may ask for identification information to verify
whether a requester is the subject of the requested data, or has authorized access, in order to access
private or nonpublic data, or to obtain sufficient information for mailing the requested data (via U.S.
Mail or electronic transmission).
For private data, the City Clerk, or their designee, may require proof of identification before
responding to the data request pursuant to M.S. § 13.05 subd. 12. If you are requesting data about
your minor child, you must
you must show legal documentation of your guardianship. If you do not provide proof that you are
the data subject or have authorized access, the City cannot respond to your request. Staff may
request proof of identification be provided in-person.
the City will not be able to process the data request.
How the City Will Respond to a Data Request
Upon receiving a request, the City Clerk or their designee will process the request. If the City does
not have the data being requested, the requester will be notified as soon as reasonably possible. If
the City does have the data being requested, but the data is not available to the public, it will notify
the requester as soon as reasonably possible and cite the specific statute(s) that classify any such
data.
If the City has the data that is requested and the data are public, the City Clerk or their designee will
respond to the request appropriately and within a reasonable amount of time by doing one of the
following:
1.!Arrange a date, time, and place to inspect data, for free, if the requester wishes to inspect the
data;
2.!Provide the requester with paper copies of the data if requested (a mailing address may be
required if the requester asks for any data be mailed); or
3.!Digitally transmit requested data to the requester.
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Following response, if the requester does not make arrangement within 14 business days
to inspect the data or pay for copies, the City will conclude the requester no longer wants the data
and will consider the request closed.
The MGDPA does not require the City to create or collect new data in response to a data request or
to provide data in a specific form or arrangement if the City does not keep the data in that form or
arrangement. In addition, the MGDPA does not require the City to answer questions that are not
requests for data.
If the requester is the data subject, the City must respond within 10 business days of the request,
excluding Saturdays, Sundays and City holidays. If the requester is not the subject of the data, the
City must respond in an appropriate and prompt manner, which is within a reasonable amount of
time depending on the nature and extent of the request. The City Clerk, or their designee, will
communicate with the requester regarding the nature of the request and what an appropriate
response time may be.
Standing Requests
The City will not accept standing requests for data. The City will require the requester to complete a
new Data Practices Request Form to initiate a new request.
The public has the right to look at (inspect), free of charge, all public data .
The MGDPA provides that, if a person requests copies or electronic transmittal of data, the City Clerk,
or their designee, may require the requester to pay a fee, which will be calculated using one of the
methods below. Regardless of which method is used, the City may not charge for separating public
data from not public data.
The City Clerk may, through administrative policy, may choose to not charge for requests up to $5,
which may be revised not more than annually. Prepayment for copies is required.
Fee Calculation Method No. 1: 100 or Fewer Paper Copies
If 100 or fewer pages of black and white, letter or legal-size paper copies are requested, the City will
charge a per-page fee of not more than 25 cents for each page copied (50 cents for a two-sided
copy). The City is authorized to charge only the per-page fee. This provision will not be interpreted
to permit division of a single request into requests for copies of fewer than 100 pages in order to
avoid charging a fee based on the actual costs of providing copies.
Fees for data subjects will be calculated using Method No. 2.
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Fee Calculation Method No. 2: Actual Cost
For more than 100 paper copies or other modes of sharing of data the City may charge the actual
cost for an employee to search for and retrieve the data (charged in 15 minute increments). The City
will not charge a minimum fee but reserves the right to calculate the cost to respond to the request.
The City may not assess a fee for labor costs (e.g., wages, benefits) that exceed those of the lowest-
paid employee who could complete the task(s) performed.
Goods and services that will be charged to a requester:
!Employee time to search for and retrieve data (the City cannot charge for time to search or
retrieve data when the requester is the data subject)
!Cost of media (paper, CD ROMs, DVDs, USBs, etc.)
!Mailing costs
!Staff time to prepare copies
!Costs of reproduction that cannot be produced by the City, such as photographs
Services that cannot be charged to a requester:
!Employee time to separate public from not public data (i.e., redaction)
!Operating expenses of a copier, such as electricity, wear and tear, etc.
!Costs not related to copying, such as preparing a fax cover sheet, invoice, etc.
!Sorting, reviewing, or verifying accuracy if not necessary for copying
!Sales tax or accounting functions
!Costs related to inspection.
Fee Schedule
Fee Calculation Method No. 1: 100 or Fewer Paper Copies (Data Subjects are exempt)
Charge Type Fee
100 paper copies or fewer $0.25/page or $0.50 for a two-sided copy.
This charge is a flat rate; the City cannot add Not applicable to Data Subjects.
on any additional charges, such as cost of
employee times postage or paper.
Fee Calculation Method No. 2: Actual Cost
Charge Type Fee
Hourly Rate (charged in 15-minute increments) Standard fee: $35/hour
Least paid capable employee to retrieve and
Not applicable to Data Subjects.!
copy data.
Postage Market rate for postage
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Digital Evidence (ex. Body Worn Camera, $35/incident
Squad Video, etc.) via Downloadable Link
Flat fee that includes employee time
CD/DVD $1/disk
Printing Cost - Black and White $0.06/page
Printing Costs - Color $0.25/page
External Storage Device To be determined (actual cost of device)
Certification Service $5/instance
Photo prints Photos will be printed on standard copy paper.
See Printing Costs.
Special & vendor costs To be determined. Requester will be notified
before costs accrued.
Costs necessary to produce from machine-
based record keeping systems, such as
microfilm systems and/or costs incurred by
requiring vendor to fulfill said request
Requests for Summary Data
Pursuant to M.S. § 13.05, subd. 7, the City may contract with an outside entity to prepare summary
data. All rules and regulations for hiring such an outside entity will be followed according to
Minnesota Rules (M.R.) 1205.0700. Any costs incurred in the preparation of summary data will be
borne by the requesting party. The City will communicate with the requester and follow all directives
for calculating fees found in Minnesota Rules Part 1205.0300.
The MGDPA requires the City prepare a data inventory which describes all not public data on
individuals and which employees have access to said data. This policy also indicates when the City
can share not public data and penalties for unlawfully accessing not public data.
Employee Access to Information
M.S. § 13.05, subd. 5, requires the City to identify the employees who have access to not public data.
The City has met this requirement by incorporating employee access listed in the Not Public Data
IPolicy limits access to not public data
to employees and their supervisors whose work assignment reasonably requires access to the data.
In the event of a temporary duty as assigned by a manager or supervisor, an employee may access
certain not public data, for as long as the work is assigned to the employee.
In addition to the employees listed in the Not Public Data Inventory, the City Clerk, their designee(s),
the DPCOs, the City Manager, the City Attorney, and the Information Technology Manager and their
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applicable deputies and assistants may have access to all not public data maintained by the City, or
a Department Director for not public data maintained by their respective department. Any access to
not public data will be strictly limited to the data necessary to complete the work assignment.
Data Sharing with Authorized Entities or Individuals
State or Federal law may authorize the sharing of not public data in specific circumstances. Not public
data may be shared with another entity if a State or Federal law or regulation allows or mandates it.
Individuals will have notice of any sharing in applicable informed consent through a release of
information provided by the City. Any sharing of not public data will be strictly limited to the data
necessary or required to comply with the applicable law.
Ensuring Not Public Data Are Not Accessed Without a Work Assignment
Within the City, departments may assign tasks by employee or by job classification. Each department
shall ensure that all not public data are secure and are only made available to employees with a valid
work reason to access the data in accordance with this Policy and applicable law. This Policy also
applies to departments that share workspaces with other departments within the City where not
public data are maintained.
Recommended actions for ensuring appropriate access include:
!Assigning appropriate security roles, limiting access to appropriate shared network drives,
implementing password protections for not public electronic data;
!Password protecting employee computers and locking computers before leaving
workstations;
!Discussing not public data only with authorized personnel and ensuring such conversations
are not audible to unauthorized parties;
!Securing not public data within locked workspaces and in locked file cabinets; and
!Shredding not public documents before disposing of them.
Penalties for Unlawfully Accessing Not Public Data
The City will utilize penalties for unlawful access to not public data as provided for in M.S. § 13.09, if
necessary. Any employee unlawfully accessing not public data or violating applicable sections of this
Policy or applicable laws may be subject to disciplinary action, up to and including involuntary
termination. The City may also refer such violations to the appropriate authorities, which may pursue
other legal actions.
Not Public Data Inventory
Pursuant to M.S. § 13.025 the City has compiled a list of all not public data that is collected and
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who have access to each not public data item.
Not Public Data Inventory
Name of Description Data Citation for Employee Work Access
Record Classification Classification
City Applications for Private M.S. 13.601 City Manager, Assistant
Commission appointment to the City Manager,
and Staff Liaison, City Clerk,
Committee Deputy City Clerk
Appointment
Files
City Update from the Private/Non-Various City Manager, Assistant
City Manager to public/Confideto the City Manager
Report members of the City ntial
Council that
contains data other
than public
Federal Agreements, Private/Non-M.S. 13.35 City Manager, Assistant
Contracts contracts Public to the City Manager,
Finance Director,
Assistant Finance
Director
Civil Legal Pending or ongoing Protected Non-M.S. 13.39 City Manager, Assistant
Action civil legal case files Public to the City Manager, City
and work product Clerk, City Attorney, and
certain employees on an
as needed basis as part
of a specific work
assignment.
Absentee Application Private M.S. 13.37 City Clerk, Deputy City
Ballot submitted to receive M.S. 203B.04 Clerk, Assistant to the
Application an Absentee Ballot City Manager, Absentee
(contains social Ballot Board
security number)
Ballots Sealed absentee Private M.S. 13.37, subd. 2 City Clerk, Deputy City
ballots, voted and Clerk, Assistant to the
rejected ballots City Manager, Absentee
Ballot Board
Data Responsible Private Response could be City Manager,
Practices Authority/designee private depending Responsible Authority,
Responses responses to written on the data Data Practices
requests pursuant to requested. Various Compliance Official, City
the Minnesota statutes could apply. Clerk, Deputy City Clerk,
and certain employees
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Government Data on an as needed basis as
Practices Act part of a specific work
assignment.
Community Development Department Not Public Data Inventory
Name of Description Data Citation for Employee Work Access
Record Classification Classification
Applications Permit applications Private M.S. 13.37 City Manager,
and summary data Community
includes building Development Director,
permits and business Planning Manager,
permits (can contain Building Official, Building
security data) Inspector, Associate
Planner, Permit and
Licensing Coordinator,
Public Works Director,
Administrative Assistant,
City Engineer, Assistant
City Engineer
Building Copyrighted Private M.S. 13.37 subd. 1b City Manager,
Plans, architectural, design Non-Public Community
Commercial specifications; Development Director,
and Structural and utility Planning Manager,
Industrial plans, security plans Building Official, Building
and trademark Inspector, Associate
information (can Planner, Permit and
contain security data) Licensing Coordinator,
HRA Assistant Executive
Director, Public Works
Director, City Engineer,
Assistant City Engineer,
Public Works Utilities
Staff, City Forester,
Environmental Planner,
and certain employees
on an as needed basis as
part of a specific work
assignment.
Building Copyrighted Private M.S. 13.37 City Manager,
Plans, architectural, design Non-Public Community
Residential specifications, Development Director,
structural and utility Planning Manager,
plans Building Official, Building
Inspector, Associate
Planner, Permit and
Licensing Coordinator,
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Public Works Director,
City Engineer, Assistant
City Engineer, Utilities
Staff, City Forester,
Environmental Planner,
and certain employees
on an as needed basis as
part of a specific work
assignment.
Business License applications Private M.S. 13.37 City Manager,
Licensing and summary data Community
Applications Development Director,
Planning Manager,
Building Official, Building
Inspector, Associate
Planner, Permit and
Licensing Coordinator,
City Clerk, Deputy City
Clerk
Grant Annual breakdown of Private M.S. 13.462 City Manager,
Application city applications and Community
and Loans supporting materials Development Director,
or services HRA Director, HRA
Assistant Executive
Director, Planning
Manager, Associate
Planner, Environmental
Planner, Code
Enforcement Inspector,
Rental Inspector
HRA Project Rent rolls, schedules, Private M.S. 13.46; City Manager,
Management tenant income M.S. 13.462; Community
and Rental related to Title II M.S. 13.585 Development Director,
Agreements HRA Director, HRA
Assistant Executive
Director, Planning
Manager, Associate
Planner, Environmental
Planner, Code
Enforcement Inspector,
Rental Inspector
Nuisance Complaints from Confidential M.S. 13.44 City Manager,
Complaints citizens about the Community
use of real property Development Director,
HRA Director, HRA
Assistant Executive
Director, Planning
Manager, Associate
Planner, Environmental
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Planner, Code
Enforcement Inspector,
Rental Inspector, Public
Works Director,
Administrative Assistant,
City Engineer, Assistant
City Engineer, and certain
employees on an as
needed basis as part of a
specific work assignment.
Property Purchase valuation Confidential M.S. 13.44; City Manager, City Clerk,
Acquisition data, agreements, Protected Non-M.S. 13.585 Deputy City Clerk,
property data Public Community
includes real Nonpublic Development Director,
property appraisal HRA Director, HRA
information Assistant Executive
Director, Planning
Manager, Associate
Planner, Environmental
Planner, Code
Enforcement Inspector,
Rental Inspector, Public
Works Director, City
Engineer, Assistant City
Engineer, Administrative
Assistant
Rental License applications Private M.S. 13.37 City Manager,
Licensing and summary data Community
Applications Development Director,
Rental Housing Manager,
Rental Inspector,
Planning Manager,
Associate Planner, Code
Enforcement Inspector,
Building Official, Building
Inspector, Permit and
Licensing Coordinator,
Community
Development Office
Coordinator
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Employee Resources Department Not Public Data Inventory
Name of Description Data Citation for Employee Work Access
Record Classification Classification
I-9 Employee Verification of Private M.S. 13.43 City Manager, Employee
Eligibility status of Resources Director,
Verification citizenship or Employee Resources
naturalization Specialist, Administrative
Assistant
Affirmative Sexual harassment Private M.S. 13.39; City Manager, Employee
Action Files and Confidential M.S. 13.43 Resources Director,
discrimination; Employee Resources
Supplemental Specialist, Administrative
personnel data Assistant
from job
application;
Copies of reports
sent to Human
Rights
Commission
Applications for Applications, Private M.S. 13.43 City Manager, Employee
Persons on resumes, letters of Resources Director,
Eligibility recommendation, Employee Resources
List/Register police background Specialist, Administrative
investigations, etc. Assistant, Insurance and
If hired, Payroll Coordinator, Public
application Safety Director, Deputy
becomes part of Director of Public Safety,
personnel file. Administrative Assistant,
Public Works Director,
Finance Director, Community
Development Director, and
certain employees on an as
needed basis as part of a
specific work assignment.
Benefit Private M.S. 13.43 City Manager, Employee
Enrollment medical, dental, Resources Director,
Forms deferred Employee Resources
compensation, etc. Specialist, Administrative
election forms Assistant, Insurance and
Payroll Coordinator
Department of Complaints, Private M.S. 13.79 City Manager, Employee
Labor alleged violations Resources Director,
of FLSA Employee Resources
Specialist, Administrative
Assistant, Finance Director
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Drug and Includes Private M.S. 13.43 City Manager, Employee
Alcohol Testing commercial Resources Director,
Results Employee Resources
controlled Specialist, Administrative
substance test Assistant
evaluations, pre-
placement drug
test results
Employee Information Private M.S. 13.43 City Manager, Employee
Medical relating to the Resources Director,
Records health status of an Employee Resources
employee which is Specialist, Administrative
made or Assistant
maintained by a
physician, nurse or
other health care
personnel
Examination Completed exams Private M.S. 13.43 City Manager, Public Safety
File administered to Director, Deputy Director of
applicants & Public Safety, Employee
promotional Resources Director,
exams Employee Resources
administered to Specialist, Administrative
employees Assistant, Public Works
Director, Finance Director,
Community Development
Director, and certain
employees on an as needed
basis as part of a specific
work assignment.
Family Medical Employee Private M.S. 13.43 City Manager, Employee
Leave application Resources Director,
Document information for Employee Resources
family medical Specialist, Administrative
leave Assistant, Public Safety
Director, Director of Public
Works, Finance Director,
Community Development
Director, and certain
employees on an as needed
basis as part of a specific
work assignment.
First Report of Claims for injuries, Private M.S. 13.43 City Manager, Assistant to
Injury injury report, the City Manager, Employee
Resources Director,
Employee Resources
Specialist, Administrative
Assistant, applicable
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supervisor(s), Finance
Director, Insurance and
Payroll Coordinator
Grievance Files Formal written Private M.S. 13.43 City Manager, Employee
employee Resources Director,
grievance and/or Employee Resources
complaint filed Specialist, Administrative
under a labor Assistant, Public Safety
agreement or Director, Public Works
personnel rules Director, Finance Director,
and received by Community Development
the city. Director, and certain
employees on an as needed
basis as part of a specific
work assignment.
Infectious Files on each Private M.S. 13.43 City Manager, Employee
Disease & employee dealing Resources Director,
Occupational with safety & Employee Resources
Exposure Files training on Specialist, Administrative
diseases such as Assistant, Public Safety
hepatitis and AIDS. Director, Public Safety Office
(not in personnel Coordinator, Public Works
file) Director, Finance Director,
Community Development
Director, and certain
employees on an as needed
basis as part of a specific
work assignment.
Long Term Claims filed by Private M.S. 13.43 City Manager, Finance
Disability employee for a Director, Assistant Finance
long-term Director, Insurance and
disability Payroll Coordinator,
insurance program Employee Resources
Director, Employee
Resources Specialist,
Administrative Assistant
OSHA Reports Incident Reports Private M.S. 13.43; OSH Act City Manager, Employee
and Annual of 1970 Resources Director,
Summary or any Employee Resources
information Specialist, Administrative
concerning Assistant, Assistant to the
employee City Manager
exposure to toxic
substances or
harmful physical
agents.
Personnel Data Applications, Public M.S. 13.43; City Manager, Employee
and File references, Private M.S. 179A.03 subd. 4 Resources Director,
performance Employee Resources
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evaluations, job Specialist, Administrative
performance Assistant, Public Safety
appeals, job Director, Public Works
descriptions, Director, Finance Director,
reprimands, Community Development
resignation letters, Director, and certain
exit interviews, etc. employees on an as needed
on employees, basis as part of a specific
volunteers, work assignment.
independent
contractors; labor
relations
information
Recruitment Records relating to Public M.S. 13.43 City Manager, Employee
Files posting, Private Resources Director,
recruitment, Employee Resources
selection and Specialist, Administrative
appointment to Assistant, Insurance and
each city position. Payroll Coordinator, Public
Safety Director, Public Works
Director, Finance Director,
Community Development
Director, and certain
employees on an as needed
basis as part of a specific
work assignment.
Retirement PERA forms, Private M.S. 13.63 City Manager, Employee
Data applications, Resources Director,
beneficiaries, Employee Resources
addresses, DOB, Specialist, Administrative
direct dep., tax Assistant, Insurance and
withholding Payroll Coordinator
Salary benefit Surveys from Non-public M.S. 13.435 City Manager, Employee
surveys consulting firms, Resources Director,
non-profits, Employee Resources
associations or Specialist, Finance Director
other employers
Short Term Claims filed by Private M.S. 13.43 City Manager, Finance
Disability employee for a Director, Assistant Finance
short-term Director, Insurance and
disability Payroll Coordinator,
Insurance Employee Resources
Director, Employee
Resources Specialist,
Administrative Assistant
Social Security Social Security Private M.S. 13.355 City Manager, Employee
Numbers numbers Resources Director,
Employee Resources
Specialist, Administrative
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Assistant, Assistant to the
City Manager, Finance
Director, Insurance and
Payroll Coordinator
Undercover law Application or Private M.S. 13.43 subd. 5 City Manager, Public Safety
enforcement assignment Director, Public Safety Office
assignment Coordinator, Employee
Resources Director
Unemployment Claim and Private M.S. 13.43 City Manager, Employee
Claims or compensation Resources Director,
Compensation information for Employee Resources
unemployment Specialist, Insurance and
Payroll Coordinator,
Administrative Assistant
Wage Letters, Private M.S. 13.43 City Manager, Employee
Assignments correspondence Resources Director,
(Garnishment) Employee Resources
Specialist, Insurance and
Payroll Coordinator,
Administrative Assistant,
Public Safety Director, Public
Works Director, Finance
Director, Community
Development Director, and
certain employees on an as
needed basis as part of a
specific work assignment.
Workers Claims for injuries, Private M.S. 13.43; M.S. City Manager, City Manager,
Compensation injury reports and 176.231 Assistant to the City
Claims correspondence. Manager, Finance Director,
Assistant Finance Director,
Insurance and Payroll
Coordinator, Employee
Resources Director,
Employee Resources
Specialist, Administrative
Assistant
Finance Department Not Public Data Inventory
Name of Description Data Citation for Employee Work Access
Record Classification Classification
Special Information for Private M.S. 13.51 subd. 2; City Manager, Finance
Assessment verifications of Non-Public M.S. 13.52 Director, City Assessor,
Deferment income, Accounting Specialist
Application ownership, etc.
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Discovery Written or Private M.S. 13.39 City Manager, Finance
Responses electronic Director, City Assessor
from Tax Court responses to
Petitioners interrogatories
Bond and Information Private M.S. 475.55 City Manager, Finance
Interest pertaining to bond Non-Public Director, Assistant Finance
Coupon Director, Senior Accountant
Register
Audit Reports Reports based on Non-Public M.S. 13.392; 13.37, City Manager, Finance
External private companies subd. 2 Director, Assistant Finance
for the review of Director, Senior Accountant,
tax payments Accounting Specialist
Audit Reports Draft reports Non-Public M.S. 13.392 City Manager, Finance
Internal based on the Private Director, Assistant Finance
Director, Senior Accountant,
operations Accounting Specialist
Automatic Completed form Private M.S. 13.37 City Manager, Finance
Payment Plan and supporting Director, Assistant Finance
Authorization document Director, Accounting
Form allowing for Specialist, Utility Billing Clerk
automatic
payment
Checks Checks received Private M.S. 13.37 (to the City Manager, Finance
(Accounts from customers extent they include Director, Assistant Finance
Receivable) submitted checking account Director, Insurance and
electronically to numbers) Payroll Coordinator
financial
institution
Credit Card Merchant copy of Private M.S. 13.37 City Manager, Finance
Receipts credit card Director, Assistant Finance
receipts Director, Senior Accountant,
Customer Service
Representative, Utility Billing
Clerk
Grants Miscellaneous Nonpublic M.S. 13.35; City Manager, Finance
grant programs M.S. 13.599 Director, Assistant Finance
and stipulations Director, Senior Accountant
Unclaimed Includes checks Private M.S. 13.37 City Manager, Finance
Property not cashed Director, Assistant Finance
Records (Sent Director, Senior Accountant
to State)
Claims Claims that are Private M.S. 13.43; City Manager, Finance
filed by or against M.S. 13.37 Director, Assistant Finance
the city. Director, Insurance and
Payroll Coordinator
Payroll Forms Change Form, Private M.S. 13.43 City Manager, Finance
Garnishments, Director, Assistant Finance
Pension and Director, Insurance and
Retirement Payroll Coordinator, Director,
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Reports, PERA Employee Resources,
Reports, Time Employee Resources
Sheets, Vacation & Specialist, Administrative
Leave Requests, Assistant
W-2, W-3, W-4,
1099.
Payroll Reports Payroll history, Private M.S. 13.43 City Manager, Finance
payroll journal, Director, Assistant Finance
payroll ledger, Director, Insurance and
state withholding, Payroll Coordinator,
federal Employee Resources
withholding and Director, Employee
FICA Reports Resources Specialist,
Administrative Assistant
Unemployment Claim and Private M.S. 13.43 City Manager, Finance
Claims or compensation Director, Assistant Finance
Compensation information for Director, Insurance and
unemployment Payroll Coordinator,
Employee Resources
Director, Employee
Resources Specialist,
Administrative Assistant
Wage Letters, Private M.S. 13.43, subd. 4 City Manager, Finance
Assignments correspondence Director, Assistant Finance
Director, Insurance and
Payroll Coordinator,
Employee Resources
Director, Employee
Resources Specialist,
Administrative Assistant
Parks and Recreation Department Not Public Data Inventory
Name of Description Data Citation for Employee Work Access
Record Classification Classification
Commissioner Applications, name, Non-Public M.S. 13.601 City Manager,
Files address, history, Parks and Recreation
veteran status, Director, Recreation Division
telephone number, Manager, Springbrook
employment history, Nature Center Manager,
volunteer work, Customer Service
awards, honors, Representatives, Assistant to
complaints, charges the City Manager
Exhibitor Data Registration forms, Private M.S. 13.548 subd. 3 City Manager, Parks and
contact information, Recreation Director,
business data Recreation Division
Manager, Springbrook
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Nature Center Manager,
Customer Service
Representatives, Public
Works Director, Public
Works Parks and Facility
Managers, and certain
employees on an as needed
basis as part of a specific
work assignment.
Facility Usage Application, event Non-Public M.S. 13.548 subd. 1 City Manager, Parks and
details, terms of Recreation Director,
rentals, responses Recreation Division
for the purposes of Manager, Springbrook
enrolling individuals Nature Center Manager,
into recreational or Customer Service
other social Representatives,
programs Administrative Assistant,
Program Coordinators,
Public Works Director, Public
Works Parks and Facility
Managers, and certain
employees on an as needed
basis as part of a specific
work assignment.
Fee Waiver Information about Private M.S. 13.548 City Manager, Parks and
Sheets low-income Recreation Director,
participants Recreation Division
Manager, Recreation
Coordinator, Springbrook
Nature Center Manager,
Administrative Assistant,
Customer Service
Representatives
Grants Applications Non-Public M.S. 13.599 City Manager, Parks and
until published Recreation Director,
Recreation Division
Manager, Recreation
Coordinator, City Clerk,
Deputy City Clerk,
Springbrook Nature Center
Manager, Customer Service
Representatives, Public
Works Director, City
Engineer, Assistant City
Engineer, Engineering
Technician, Public Works
Managers, Public Works
Administrative Assistant,
Environmental Planner
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Mailing Lists A list of program Private M.S. 13.548 City Manager, Parks and
participants Recreation Director,
Recreation Division
Manager, Recreation
Coordinator, Springbrook
Nature Center Manager,
Customer Service
Representatives,
Administrative Assistant
Private Donor Solicitation letters, Private and M.S. 13.792 City Manager, Parks and
Gift Data proposals, pledge Non-Public Recreation Director,
cards Recreation Division
Manager, Springbrook
Nature Center Manager,
Customer Service
Representatives,
Administrative Assistant
Registration Registration forms Public M.S. 13.548 City Manager, Parks and
Forms and completed by Private Recreation Director,
Registration participants or on Recreation Division
Program behalf of participant Manager, Recreation
Account Coordinator, Springbrook
Information Nature Center Manager,
Customer Service
Representatives,
Administrative Assistant
Scholarships Names, applications, Private M.S. 13.548 City Manager, Parks and
amounts, income Recreation Director,
Recreation Division
Manager, Springbrook
Nature Center Manager,
Customer Service
Representatives,
Administrative Assistant
Lodging Tax List of taxpayer Non-Public M.S. 13.495 City Manager, Parks and
Data identification data, Recreation Director,
collected Communications Manager,
Finance Director, Assistant
Finance Director, Accountant
Mailing Lists A list of participants Private M.S. 13.548 City Manager, Parks and
Recreation Director,
Communications Manager,
and certain employees on an
as needed basis as part of a
specific work assignment.
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Public Safety Department Not Public Data Inventory
Name of Description Data Citation for Employee Work Access
Record Classification Classification
Arson Reports Information Confidential M.S. 13.82 subd. 7; Director Public Safety,
and pertaining to M.S. 13.83 Deputy Director of Public
Investigations arson Safety, Deputy Director/Fire
Chief, Fire Marshall, Office
Coordinator, and certain
employees on an as needed
basis as part of a specific
work assignment.
Fire Relief Financial records Private M.S. 13.43 Public Safety Director,
Association Deputy Director of Public
Safety, Deputy Director/Fire
Chief, Fire Inspector, Director
of Finance, Assistant Director
of Finance
Voluntary Obtains Confidential M.S. 13.82 Public Safety Director, Safety,
Permission and permission to until Deputy Director of Public
Consent to seize evidence for investigation is Safety, Deputy Director/Fire
Search and determining origin closed. Chief, Fire Marshall, all full-
Seize of fire. time and part-time Fire
Department staff
911 Recordings Audio recordings Private M.S. 13.82 subd. 4 Public Safety Director,
Deputy Director of Public
Safety, Supervisors,
Detectives, Police
Technicians, and certain
employees on an as needed
basis as part of a specific
work assignment.
Arrest and Audio and video Private M.S. 13.82 subd. 4 Public Safety Director,
Charge recording Confidential and 7; M.S. 13.825 Deputy Director of Public
determined to Safety, Supervisors,
have evidentiary Detectives, responding
value where officer(s), Police Technicians,
suspects have and certain employees on an
been arrested, as needed basis as part of a
issued citations specific work assignment.
and/or a report
has been
forwarded to the
prosecutor for a
charging decision.
Background Local records Non-Public M.S. 13.43 subd. 12; Public Safety Director,
Check check on M.S. 626.87 Deputy Director of Public
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individual (i.e., Safety, Administrative
employment, Sergeant, Supervisors,
adoptions). Employee Resources
Director, Employee
Resources Specialist,
Administrative Assistant
Body Worn Video and/or Non-Public M.S. 13.825 Public Safety Director,
Camera audio captured on Deputy Director of Public
Footage Police body worn Safety, Supervisors,
cameras Detectives, responding
officer, Police Technicians,
and certain employees on an
as needed basis as part of a
specific work assignment.
Case Investigative data, Private M.S. 13.82, subd. 7, Public Safety Director,
Files/Offense photographs, Confidential 8, 9, 10, 11 and 17 Deputy Director of Public
Reports Adult videos, witness Safety, Supervisors,
statements Detectives, responding
officer(s), Police Technicians,
and certain employees on an
as needed basis as part of a
specific work assignment.
Case Includes Non-Public M.S. 13.82 Public Safety Director,
Files/Offense Private Deputy Director of Public
Reports - date of birth, time Confidential Safety, Supervisors,
Juvenile of occurrence, and Detectives, responding
place of action, officer, Police Technicians,
description of and certain employees on an
what happened, as needed basis as part of a
location, whether specific work assignment.
any weapons were
used, and other
pertinent data.
Certification for State form PA-1 Public/Private M.S. 13.43 City Manager, Public Safety
Peace Officer Director, Deputy Director of
for State Aid Public Safety, Finance
Application Director, Employee
Resources Director,
Insurance and Payroll
Coordinator
Death Any case file or Private M.S. 13.82, subd. 7 Public Safety Director,
Investigation any investigation Deputy Director of Public
involving a death. Safety, Supervisors,
Detectives, and certain
employees on an as needed
basis as part of a specific
work assignment.
Department Information Private M.S. 13.43 Public Safety Director,
Payroll and collected by Police Deputy Director of Public
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Leave Division before Safety, Command Staff,
Information sending to payroll. Employee Resources
Director, Employee
Resources Specialist,
Administrative Assistant
Dictated and Audio recordings Private M.S. 1382, subd. 7; Public Safety Director,
Audio M.S. 260B.171 Deputy Director of Public
Recorded report transcribed Safety, Detectives, Police
Reports into written report. Technicians
Digital Statements taken Private M.S. 13.82; subd. 7; Public Safety Director,
Transcription from victims, M.S. 206B.171 Deputy Director of Public
System witnesses, Safety, Detectives, Police
Recording suspects, et. al. Technicians
E-Reports Field copy of Public/Private M.S. 13.82 Public Safety Director,
Officer Reports police report Deputy Director of Public
Safety, Supervisors,
Detectives, responding
officer(s), Police Technicians,
and certain employees on an
as needed basis as part of a
specific work assignment.
Emergency Emergency Public/Private M.S. 13.37 City Manager, Public Safety
Plan Operations Plan Director, Deputy Director of
Public Safety, Supervisors,
Public Works Director, City
Engineer, Assistant City
Engineer, Communications
Manager, Public Works
Managers, Public Works
Lead, and certain employees
on an as needed basis as
part of a specific work
assignment.
Evidence/ Property which Public/Private M.S. 13.82 Public Safety Director,
Property Logs has been found, Deputy Director of Public
and Inventory confiscated, Safety, Evidence Clerk
Reports seized, etc.
Expunged Case file, which Private M.S. 609A.01 Public Safety Director,
Records may include ticket, Confidential Deputy Director of Public
arrest report, legal Safety, Administrative
documents, Sergeant, Police Technician
photos, etc. and
Notice of
Expungement.
Fingerprint Sworn officers and Private M.S. 13.43 Public Safety Director,
Cards police personnel; Deputy Director of Public
janitors or persons Safety, Office Coordinator
accessing secured
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areas without
supervision.
Firearm Includes Private M.S. 13.87 Public Safety Director,
Application application to Deputy Director of Public
Permits/ purchase a copy of Safety, Police Technician
Transfers the firearm permit
to carry.
Fridley Applications for Non-Public M.S. 13.43 Public Safety Director,
Municipal security access to Deputy Director of Public
Building City facilities Safety, Administrative
Security Sergeant
Card/Key
Authorization
Fridley Police Financial records Private M.S. 13.43 Public Safety Director,
Association and membership Deputy Director of Public
Records fees Safety, Association Treasure
Homicides Audio and video Confidential M.S. 13.82, subd. 7 Public Safety Director,
recordings Deputy Director of Public
containing Safety, Supervisors,
information Detectives, responding
regarding any officer(s), Police Technicians,
homicides and certain employees on an
as needed basis as part of a
specific work assignment.
Incident First record of all Private M.S. 13.80; M.S. Public Safety Director,
Reports calls for service or Confidential 13.82 subd. 7; M.S. Deputy Director of Public
reports of offenses 260B.171 Safety, Supervisors,
received. In part Detectives, responding
not public officer(s), Police Technicians,
and certain employees on an
as needed basis as part of a
specific work assignment.
Internal Audio and video Private M.S. 13.39; M.S. Public Safety Director,
Investigations recording Confidential 13.43, subd. 4, 8, 11, Deputy Director of Public
determined to 12, 15; 13.82, subd. 7 Safety, Investigations
have evidentiary Lieutenant
value in any
internal
investigation; case
files and reports
Interviews Determined to Confidential M.S. 13.82 Public Safety Director,
Audio and have evidentiary Deputy Director of Public
Video value. (All audio Safety, Supervisors,
Recordings tapes will be Detectives, responding
transcribed and a officer(s), Police Technicians,
copy of the and certain employees on an
transcription will as needed basis as part of a
be kept with the specific work assignment.
case file.
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Intoxilyzer Test Original record Private M.S. 13.82 subd. 6 Public Safety Director,
Results maintained by the Confidential Deputy Director of Public
BCA. Department Safety, Supervisors,
copy retained in Detectives, Police
accordance with Technicians, and certain
the item they employees on an as needed
related to (i.e., basis as part of a specific
case file or arrest work assignment.
report).
Holding Cell Private M.S. 13.82; subd. 7 Public Safety Director,
Inspection Deputy Director of Public
Record Safety, Supervisors,
Detectives, Police
Technicians, Patrol
Lieutenant
Master Name Adult Private M.S. 13.82, subd 7, 8, Public Safety Director,
File Confidential 9, 10, 11 and 17 Deputy Director of Public
Safety, Police Technician,
Administrative Sergeant
Master Name Juvenile Private M.S. 13.82, subd 2, 7 Public Safety Director,
File Confidential and 17 M.S. Deputy Director of Public
260B.171 Safety, Police Technician,
Administrative Sergeant
Officer Interviewed, no Non-Public M.S. 13.43 Public Safety Director,
Candidate background Deputy Director of Public
Application investigation Safety, Employee Resources
Director, Employee
Resources Specialist,
Administrative Assistant,
Background Investigator,
Office Coordinator
Officer Investigation, not Non-Public M.S. 13.43 Public Safety Director,
Candidates hired Deputy Director of Public
Background Safety, Employee Resources
Director, Employee
Resources Specialist,
Employee Resources
Background Investigator,
Office Coordinator
Officer Investigation, Non-Public M.S. 13.43 Public Safety Director,
Candidates hired Deputy Director of Public
Background Safety, Employee Resources
Director, Employee
Resources Specialist,
Employee Resources
Background Investigator,
Office Coordinator
Pawn Shop Private M.S. 13.82 subd. 27 Public Safety Director,
Records Deputy Director of Public
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Safety, Detectives, Police
Technicians
Photographs/ Private M.S. 13.82, subd. 7 Public Safety Director,
Negatives or Deputy Director of Public
Digital Discs Safety, Police Technicians,
Administrative Sergeant
Police Criminal history or Private M.S. 13.87 Public Safety Director,
Clearance individual within Deputy Director of Public
Letters jurisdiction. Safety, Administrative
Sergeant, Police Technicians
Prisoner Private M.S. 13.85 Public Safety Director,
Property Deputy Director of Public
Receipts Safety, Patrol Lieutenant
Roll Call Briefing Private M.S. 13.82, subd. 7 Public Safety Director,
Information information for Deputy Director of Public
department Safety, Supervisors,
Detectives, Police
Technicians, and certain
employees on an as needed
basis as part of a specific
work assignment.
Security Door Electronic report Non-Public M.S. 13.37 Public Safety Director,
Transaction identifying Deputy Director of Public
transactions Safety, Administrative
Sergeant, Office Coordinator,
and certain employees on an
as needed basis as part of a
specific work assignment.
Taped Audio/video/digitaPrivate M.S. 13.82, subd. 7; Public Safety Director,
Interviews (no l recordings M.S. 206B.171 Deputy Director of Public
suspects) determined to Safety, Supervisors,
have evidentiary Detectives, and certain
value where no employees on an as needed
suspects have basis as part of a specific
been developed, work assignment.
and/or no
individuals have
been formally
charged.
Training Staff Private identifying Public/Private M.S. 13.43, subd. 4 Public Safety Director,
Files information Deputy Director of Public
(address, dare of Safety, designated
birth, partial social supervisor, Employee
security number) Resources Director,
Employee Resources
Specialist, Administrative
Assistant, Office Coordinator
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Use of Force Audio, video and Private M.S. 13.39; M.S. Public Safety Director,
digital recordings Confidential 13.43; M.S. 13.82; Deputy Director of Public
containing subd. 7 Safety, Supervisors,
information of any responding officer(s)
incident where
force was used
and supervisory
review is not yet
completed
according to
department policy.
Validation/Error Private M.S. 13.82 Public Safety Director,
Integrity Deputy Director of Public
Reports Safety, Police Technicians,
Administrative Sergeant
Validation Regarding stolen Private, M.S. 13.82 subd. 20 Public Safety Director,
Report property Non-Public Deputy Director of Public
Safety, Administrative
Sergeant, Police Technicians,
and certain employees on an
as needed basis as part of a
specific work assignment.
Videotape of Private M.S. 13.85 Public Safety Director, Deputy
Holding Cell Director of Public Safety,
Supervisors, Detectives, Police
Technicians
Public Works Department Not Public Data Inventory
Name of Description Data Citation for Employee Work Access
Record Classification Classification
Bids, RFP and bid Non-Public M.S. 13.37 subd. 2; City Manager, Community
Quotations documentation M.S. 13.591 Development Director, HRA
Director, HRA Assistant
Executive Director, Planning
Manager, Environmental
Planner, Neighborhood
Preservation Specialist,
Rental Inspector, Public
Works Director, City
Engineer, Assistant City
Engineer, Public Works
Managers, Environmental
Planner, Administrative
Assistant, Finance Director,
Public Safety Director,
Deputy Director of Public
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Safety, Deputy Director/Fire
Chief, Fire Marshall,
Administrative Assistant
Environmental Reports about Private M.S. 13.44 City Manager, Public Works
Complaints environmental Director, City Engineer,
complaints, Assistant City Engineer,
including Administrative Assistant,
disposition Public Works Managers, and
certain employees on an as
needed basis as part of a
specific work assignment.
Environmental Complaints Private M.S. 13.39; City Manager, Public Works
Protection Non-Public M.S. 13.44 Director, City Engineer,
Agency or Assistant City Engineer,
Minnesota Public Works Managers,
Health Administrative Assistant, and
Department certain employees on an as
Reports needed basis as part of a
specific work assignment.
Mailing and List of affected Private M.S. 13.356 City Manager, Public Works
Email Lists parties, project Director, City Engineer,
notification lists Assistant City Engineer,
including email Administrative Assistant,
subscriber Environmental Planner
information.
Notice of Notice of private Private M.S. 216B.0976 City Manager, Public Works
Utility and public utility Non-Public Director, Public Works Utility
Disconnection gas or electric Manager, Administrative
disconnections. Assistant
Permit and Permit and license Public M.S. 13.37 City Manager, Public Works
License applications and Private Director, City Engineer,
Applications summary data Assistant City Engineer,
includes Engineering Technicians,
telecommunications, Public Works Managers,
right-of-way, utility, Public Works Lead, Public
site applications and Works Utilities Staff,
business license Administrative Assistant, and
applications. certain employees on an as
needed basis as part of a
specific work assignment.
Public and Building plans, Non-Public M.S. 13.37 subd. 1a City Manager, Public Works
Utility computer coding Director, Public Works
Facilities systems used to Managers, Public Works
provide security and Facilities Coordinator, Public
operation of public Safety Director, Public Safety
utility services and Deputy Director, IT Manager,
building security and certain employees on an
systems. as needed basis as part of a
specific work assignment.
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Public Utility Streets, storm sewer, Non-Public M.S. 13.37 City Manager, Public Works
Infrastructure public utility Director, City Engineer,
designs, drawings, Assistant City Engineer,
schematics Engineer, Engineering
Technician, Public Works
Managers, Public Works
Lead, Public Works Service
Workers, Public Works
Facilities Coordinator, Public
Works Fleet Coordinator,
Administrative Assistant,
Public Safety Director,
Deputy Director of Public
Safety, and certain
employees on an as needed
basis as part of a specific
work assignment.
Site Plans Engineering plans, Private M.S. 13.37 City Manager, Public Works
design Non-Public Director, City Engineer,
specifications, Assistant City Engineer,
structural and utility Public Works Utilities Staff,
plans City Forester, Administrative
Assistant, Environmental
Planner, Community
Development Director,
Planning Manager, Building
Inspector, Permit
Coordinator.
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DATA PRACTICES REQUEST FORM
About This Form
The MGDPA provides that the City must maintain all Government Data in a manner that makes it easy for public
inspection and access.To inspect data or request copies of data that the City maintains, a written request must
be submitted in a form as required by the City.
Request Details
Contact Information
Name: ___________________________________________________________Date: ______________________________________
Street Address: __________________________________________________City, State, Zip: ____________________________
Email: ____________________________________________________________Phone: ____________________________________
Requesting parties are not required to provide the above contact information. Requests cannot be accommodated if there is no contact
information provided. Staff will begin gathering data upon submission of this form. Pursuant to M.S. § 13.04 if the requesteris the subject
of the data, the City must respond within 10 business days of the request, excluding Saturdays, Sundays and City holidays. If the requester
is not the subject of the data, the City must respond in an appropriate and prompt manner, which is within a reasonable amount of time
depending on the nature and extent of the request. The City will communicate with the requesterregarding the nature of the request and
what an appropriate response time may be.
I am requesting access to data in the following way(Prepayment Required for Copies):
InspectionCopiesBoth inspection and copiesSummary Data
Data Requested:
Police Incident Report (ICR)Other City Data
Describe the data you are requesting as specifically as possible (attach additional sheets if necessary):
Submittal Information:
If you are requesting copies of Police Incident Reports If you are requesting any other City data submit this form
(ICRs) submit this form to:to:
City of Fridley Police DivisionCity of Fridley City Clerk Division
7071 University Avenue N.E., Fridley, MN 554327071 University Avenue N.E., Fridley, MN 55432
PoliceRecords@FridleyMN.govCityClerk@FridleyMN.gov
Approved: February 26, 2024 33
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RELEASE OF INFORMATION CONSENT
About This Form
The City does not have the legal authority to release any not public government data on individuals
to another entity/person. If you wish the City to release any not public government data to another
entity/person you must grant your written informed consent.
Verifications
I, ___________________________________ (Name), give my permission for the City of Fridley to release data
about me to ________________________________________ (Name of other entity/person) as described in
this consent.
1.The specific data I want the City of Fridley to release includes (explanation of data):
_________________________________________________________________________________________________
_________________________________________________________________________________________________
2.I understand that I have asked the City of Fridley to release the data.
3.I understand that although the data are classified as private at the City of Fridley the
classification/treatment of the data at _____________________________________ (Name of other
entity/person) may not be the same and is dependent on laws or policies that may apply to
_____________________________________ (Name of other entity/person).
4.I understand that I may cancel this consent at any time prior to the information being released
by notifying the member of staff listed above on this content form in writing.
5.I understand this consent form automatically expires 1 year after signing.
__________________________________________________________________________
Signature of data subjectDate
__________________________________________________________________________
Parent/Guardian signature (if needed)Date
Notary Public Verification
State of _____________ )This instrument was acknowledged before me this ______ day of
)SS________________________, _____________.
County of____________)
_______________________________________
Notary Public
Submit this form toCityClerk@FridleyMN.gov
Approved: February 26, 2024 34
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BODY WORN CAMERA RELEASE
About This Form
Pursuant to M.S. § 13.825 Body Worn Camera (BWC) video is not public without redaction unless the City of
Fridley (City) has received a Release of Information for every image or voice recorded onthe video.
Verifications
I, ___________________________________ (Name), whose date of birth is ____/____/______ give consent and permission
to the City to release BWC footage containing my image and/or voice.
I am the parent/guardian of a minor child whose image and/or voice was recorded on a BWC.
I give my permission for the City to release BWC video containing images or voice records of my minor
child(ren). List full names and dates of birth of each minor child:
_________________________________________________________________________________________________________
_________________________________________________________________________________________________________
I affirm the information provided is true and correct under penalty of law. Thisauthorization shall be valid for
a period of one year, but may be revoked at any time, prior to expiration, by providing written notice to the
City. Signature must be notarized or witnessed by a City of Fridley Police Division staff member.
____________________________________/______/_________
SignatureDate of Authorization
Notary Public Verification
State of _____________ )This instrument was acknowledged before me this ______ day of
)SS________________________, _____________.
County of ____________)
_______________________________________
Notary Public
City of Fridley Police Division Staff Member Verification
____________________________________/______/__________
City Staff WitnessDate Received
Submit this form to: City of Fridley Police Division, 7071 University Avenue N.E., Fridley, MN 55432
PoliceRecords@FridleyMN.gov.
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BODY WORN CAMERA REQUEST
About This Form
This form is to be used by any member of the public torequest Body Worn Camera (BWC) footage
from the City of Fridley (City) Police Division.
After receiving a request for BWC footage, a staff member will review the footage. Staff will then
contact you to advise you on the classification of data found in the footage, if redaction if needed,
and the possibility of fees associated with your request. Payment of fees must be made in full prior
to the release of any BWC footage.
Verifications
RequesterPhone: ________________________________________
Date of Incident: _____________________________Time of Incident: ______________________________
Location of Incident: _________________________Incident Report Number: _____________________
I would like the video emailed to: _________________________________________________________________
I would like the video saved to a disc and mailed to: _________________________________________
_________________________________________
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Submit this form to: City of Fridley Police Division, 7071 University Avenue N.E., Fridley, MN 55432
PoliceRecords@FridleyMN.gov.
Approved: February 26, 2024 36
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AGENDA REPORT
Meeting Date:February 26, 2024 Meeting Type:City Council
Submitted By: Beth Kondrick, Deputy City Clerk
Title
ResolutionNo. 2024-27, Approving Food/Gas/Tobacco License for Capl Retail, LLC, 7600 University
Avenue
Background
Pursuant to sections of the Fridley City Code (Code), certain business licensing activities require approval
of theFridleyCity Council(Council), includingFood/Gas/Tobacco licenses.
The City received an application fromHeidi Arnoldof Capl Retail, LLCfora food/gas/tobacco license for
the gas station located at 7600 University Avenue NE, under new ownership.
Staff have performed the required verification steps spelled out in the Tobacco Products and Gasoline
Sales chaptersof the Code. Upon approvalof the Council,staff will issue the license and submit
appropriate paperwork to the State.
Financial Impact
All revenues for similarlicenses were anticipated as part of the 2024Budget.
Recommendation
Staff recommend the approval of Resolution No. 2024-27, ApprovingFood/Gas/Tobacco License for
Capl Retail, LLC, 7600 University Avenue.
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. 2024-27
Vision Statement
We believe Fridley will be a safe, vibrant,friendly and stable home for families and businesses.
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Resolution No. 2024-27
Approving Food/Gas/Tobacco License for Capl Retail, Inc, 7600 University Avenue NE
Whereas, the Fridley City Code (Code) and various sections of Minnesota Statute direct licensing
requirements for certain business activities within the City of Fridley (City); and
Whereas, pursuant to the Tobacco Products and Gasoline Sales chapters of Code, the City Council
must approve food/gas/tobacco licenses; and
Whereas, a food/gas/tobacco license application was submitted by Heidi Arnold of Capl Retail,
Inc. for the gas station located at 7600 University Avenue NE; and
Whereas, licenses
and have recommended the license for approval.
Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves a
food/gas/tobacco license be issued to Heidi Arnold of Capl Retail, Inc. for the gas station located
at 7600 University Avenue NE.
Passed and adopted by the City Council of the City of Fridley this 26th day of February,
2024.
_______________________________________
Scott J. Lund Mayor
Attest:
___________________________________
Melissa Moore City Clerk
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AGENDA REPORT
Meeting Date:February 26, 2024 Meeting Type:City Council
Submitted By:Roberta Collins, Assistant to the City Manager
Title
Resolution No. 2024-25,Approving Claims for the Period Ending February 21, 2024
Background
Attached is Resolution No. 2024-25and the claims report for the period endingFebruary 21, 2024.
Financial Impact
Included in the budget.
Recommendation
Staff recommend the approval of Resolution No. 2024-25, Approving Claims for the Period Ending
February 21, 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. 2024-25, Approving Claims for the Period Ending February 21, 2024
City Council Claims Report
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Resolution No. 2024-25
Approving Claims for the Period Ending February 21, 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 21, 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 26 day of February, 2024.
_______________________________________
Scott J. Lund - Mayor
Attest:
Melissa Moore City Clerk
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AGENDA REPORT
Meeting Date:February 26, 2024 Meeting Type:City Council Meeting
Submitted By:Melissa Moore, City Clerk/Communications Manager
Title
Ordinance No. 1419, Public Hearing and First Reading to Create Title No. 5(Lands and Buildings)
of the Fridley City Code and the Chapters Contained Therein
Background
Pursuant to Minnesota Statute (M.S.) § 415.02and Fridley City Charter (Charter) § 1.02, the Fridley
City Council (Council)may codify and publish ordinances that carry the force andeffect of law
for the City of Fridley (City), which may be arranged as the Fridley City Code (Code). In 2021the
FridleyCity Council adoptedResolution No. 2021-67formally authorizing recodification.
When the Council approved recodification it directedample opportunity for public input and
transparency. This is enabled by discretionary public hearingsforthe Council to receive
commentson the proposed amendments to the Code.On February 12,the Council approved
Resolution No. 2024-16(attached), whichscheduleda public hearing to consider Ordinance No.
1419.
Ordinance No. 1419 (draft attached) proposes to make the following changes tothe Code:
ChapterUpdateRepealNewRationalefor Change
Building CodeX
requires proof of insurance for issuing
building permitsand makes updates to
permit requirements that impact any of
Residential XReplaces the Swimming Pools chapterto
Swimming Poolsincorporate up to date requirements of
the State Building Code.
Landscape XUpdatesmade to formatting and writing
Maintenancestyle.
Tree ManagementXAligns procedures related to the removal
of nuisance treeswith similar processes
found throughout the Code.
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Winter Maintenance X Updates to
added language for compliance with
permit-related activities and
environmental protections.
Erosion Control and X A new chapter which combines and
Stormwater updates two repealed chapters of the
Management Code. This Chapter better describes
grading permits, updates technical
information, adds information regarding
wetland impacts and adds a requirement
for a maintenance agreement for new
stormwater infrastructure for large
projects. The Chapter was reviewed by
and recommended for adoption by the
Environmental Quality and Energy
Commission on February 13, 2024.
Signs X Updates temporary sign requirements,
clarifies timelines for City corrective
action, clarifies location and type
allowances for zoning districts.
Residential Rental X Updates requirements for minimum
Property standards, conduct of licensed premises
Maintenance and and allows the City to pass remediation
Licensing Code charges on to a landlord when
emergency intervention is needed.
Manufactured X Makes updates
Home Park Closings requirements and procedures changes to
align with State law.
Manufactured X Updates made to formatting and writing
Home Parks style.
Conversion X Practices and requirements regulated by
Condominium State law.
Registration
Fair Housing X Practices and requirements regulated by
Practices State law and City policy.
Hazardous Buildings X Regulatory authority and processes are
authorized by State law.
Hazardous Waste X Regulatory authority is granted by State
Control and federal law.
House Trailers X Obsolete and n
jurisdiction.
Mining X Directives of the Chapter are obsolete.
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Stormwater X Repealed and replaced with the Erosion
Management and Control and Stormwater Management
Erosion Control Chapter.
Stormwater Illicit X Repealed and replaced with the Erosion
Discharge Detection Control and Stormwater Management
and Elimination Chapter.
Swimming Pools X Repealed and replaced with the
Residential Swimming Pools Chapter.
Fees X Updates reflect new chapter numbers
and various updates as a result of
changes throughout the ordinance.
To further describe the proposed changes to several of the chapters found in this ordinance,
Recodification Reports illuminate those revisions (attached).
An anticipated timeline for the approval of Title 5 is:
!February 26: public hearing and first reading
!March 11: second reading and adoption
!
!April 13: Title 5 and the chapters contained therein become effective pursuant to the
Charter.
Financial Impact
None.
Recommendation
Staff recommend the City Council approve a first reading of 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
!Ordinance No. 1419
!Resolution No. 2024-16
!Building Code Recodification Report
!Manufactured Home Park Closings Recodification Report
!Residential Rental Property Maintenance and Licensing Recodification Report
!Signs Recodification Report
!Snow and Ice Removal Recodification Report
!Tree Management Recodification Report
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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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
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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:
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(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.
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(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.
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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
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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
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(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
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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
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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)
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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.
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$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).
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(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.
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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.
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(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.
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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.
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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
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($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
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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
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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,
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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.
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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.
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(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
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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
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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.
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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
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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.
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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.
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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.
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(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
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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
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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.
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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.
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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.
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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.
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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
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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
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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,
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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.
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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:
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(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.
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(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
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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.
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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
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(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.
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(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.
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(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
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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.
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(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
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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.
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(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.
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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.
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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.
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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.
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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
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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
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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
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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
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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.
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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
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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.
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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
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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
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*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.
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(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:
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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:
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(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.
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(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.
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(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
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(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)
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(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.
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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.
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(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.
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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.
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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
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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.
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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
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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.
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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,
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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.
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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.
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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
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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.
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(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.
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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,
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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.
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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.
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(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.
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(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
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(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.
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(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.
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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
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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.
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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
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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
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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.
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(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:
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(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
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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.
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(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;
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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
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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
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) 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.
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(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.
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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.
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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
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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.
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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.
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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
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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.
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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
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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.
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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.
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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.
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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.
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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
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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
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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.
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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
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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;
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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.
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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
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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:
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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
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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;
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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.
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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
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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.
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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.
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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
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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.
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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:
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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
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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.
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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.
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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.
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(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
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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.
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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.
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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.
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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.
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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
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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,
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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.
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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
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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
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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.
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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.
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(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:
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(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
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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
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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:
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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
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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
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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.
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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
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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
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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.
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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.
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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.
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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,
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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
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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;
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(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.
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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.
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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.
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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.
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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
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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$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
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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
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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 $25,000
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$ 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
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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
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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
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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
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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
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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
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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)
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(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
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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)
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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
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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
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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
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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:
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RECODIFICATION REPORT
Introduction
To aid accessibility and clarity in understanding of proposed updates to large, and sometimes
complicated chapters of the Fridley City Code (Code), this Recodification Report (Report) will accompany
select ordinances as they are introduced to the City Council. The Report will illuminate substantive
changes to the Code (e.g., addition or removal of a section, fee changes, policy updates, etc.). It will not
point out grammatical, punctuation, renumbering, or stylistic changes.
TitlePlacement
Title 1 General ProvisionsTitle 6 Zoning
Title 2 Administration Title 7 Licensing
Title 3 Health, Safety and Welfare Title 8 Franchises, Utilities and Right-of-Way
Title 4 Public NuisanceTitle 9 Public Ways and Places
Title 5 Lands and BuildingsAppendices
Chapter Information
Chapter Title:Building CodeRecodification Liaisons:Tony DeForge, Building
Official; Brandon Brodhag, Assistant City Engineer;
Rachel Workin, Environmental Planner; Melissa
Moore, City Clerk
Current Chapter Number:206New Chapter Number:500
Substantive Changes
Section NumberCurrent CodeProposed Changes
500.01Adds a purpose statement to the
Chapter.
500.02Adds definitions that are applicable to
the Chapter.
500.03Adopts the State Building Code.Updates the language of the Section.
500.05Provides a framework for the City to For consistency, all fees in the Code
charge for permitting of building and are moved to the Fees Chapter.In
construction activities throughout the addition, the ordinanceproposesto
City. The fees found in the Chapter are
also found in the Fees Chapter.(section 206.07)and instead, add
insurance requirements to obtain a
building permit.
500.08Describes how and when the City will The change proposed is to remove
issue Certificates of Occupancy.language about Certificates of
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RECODIFICATION REPORT
Compliance, which are not utilized by
the Inspections Division. If the Building
Official directs work to be done on an
existing legal nonconforming building,
when those are improvements are
madethe Building Official would issue
aCertificate of Occupancy.
206.11-12Sets regulations and requires permitsWork related to waters and waterways
for work to land that will impact any of arebe regulated through a Land
.Alteration Permit or a Building Permit.
Additionally, the performance
requirements of the Chapter are also
addressed in the Erosion Control and
Stormwater Management Chapter of
the Code.
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RECODIFICATION REPORT
Introduction
To aid accessibility and clarity in understanding of proposed updates to large, and sometimes
complicated chapters of the Fridley City Code (Code), this Recodification Report (Report) will accompany
select ordinances as they are introduced to the City Council. The Report will illuminate substantive
changes to the Code (e.g., addition or removal of a section, fee changes, policy updates, etc.). It will not
point out grammatical, punctuation, renumbering, or stylistic changes.
Title Placement
Title 1General ProvisionsTitle 6 Zoning
Title 2 Administration Title 7 Licensing
Title 3 Health, Safety and WelfareTitle 8 Franchises, Utilities and Right-of-Way
Title 4 Public NuisanceTitle 9 Public Ways and Places
Appendices
Title 5 Lands and Buildings
Chapter Information
Chapter Title: ManufacturedHome Park Recodification Liaisons: Danielle Herrick, City
ClosingsManagement Intern; Melissa Moore, City Clerk;
Stacy Stromberg, Planning Manager;Nancy Abts,
Associate Planner
Current Chapter Numbers: 223New Chapter Number: 508
Substantive Changes
SectionCurrent CodeProposed Changes
508.02Definitions applicable to Simplify and remove definitions that were redundant.
the Chapter. Updated some definitions to match State Statute.
508.03Setsparameters on what Updated to reflect statutory changes.Requireswritten notice
is required if a Park to be sent to manufactured home owners thatthey could be
closes.eligible for relocation funds from the Stateas recommended
by City Attorney.
508.05Set requirements for Indicates the Council must hold a public hearing within 90
notifying the public. daysof receiving notice to closemanufactured home park.
During said hearing, theCity must notify residents they could
be eligible for relocation funds from the State, per statuteas
recommended by City Attorney.
223.06Displaced Resident Update with Qualified Third-Party Neutral Appointmentper
Obligations.statute as recommended by City Attorney.
223.07-11Staff and City Attorney suggest repeal of these sections as
their activities are controlled byState Statute.
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RECODIFICATION REPORT
Introduction
To aid accessibility and clarity in understanding of proposed updates to large, and sometimes
complicated chapters of the Fridley City Code (Code), this Recodification Report (Report) will accompany
select ordinances as they are introduced to the City Council. The Report will illuminate substantive
changes to the Code (e.g., addition or removal of a section, fee changes, policy updates, etc.). It will not
point out grammatical, punctuation, renumbering, or stylistic changes.
TitlePlacement
Title 1 General ProvisionsTitle 6 Zoning
Title 2 Administration Title 7 Licensing
Title 3 Health, Safety and Welfare Title 8 Franchises, Utilities and Right-of-Way
Title 4 Public NuisanceTitle 9 Public Ways and Places
Title 5 Lands and BuildingsAppendices
Chapter Information
Chapter Title:Residential Rental Property Recodification Liaisons:Stacy Stromberg, Planning
Maintenance and LicensingManager, Mary Dooher, Rental Manager, Danielle
Herrick, City Management Intern; Melissa Moore,
City Clerk
Current Chapter Number:220New Chapter Number:507
Substantive Changes
Section NumberCurrent CodeProposed Changes
507.01-04Introduction to chapter that defined Condense information into a singular
titles of chapter, preamble, scope and Purpose statement pursuant to
purpose. recodification guidelines.
507.05Prohibited discrimination. These protections are offered through
federal and state protections.
Additionally, these acts will be
Housing Policy.
507.10Minimum Standards for Principle Deleted a section requiring all heating
Structures.systems be operated in accordance
with manufacturerrequirementsper
City Attorney. Section is redundant as
other sections require systems be
properly installed.
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RECODIFICATION REPORT
507.14Conduct of Licensed PremisesDeleted list of prohibited actions
becauseother cities have been
sanctioned for such listsas suggested
by City Attorney.
507.16Emergency CasesAddition to allow City to forward costs
tolandlord when City makes
emergency repairs.As suggested by
Staff.
507.20AppealUpdated appeal section to follow
appeal procedure found in Title 2 as
suggested by Staff.
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RECODIFICATION REPORT
Introduction
To aid accessibility and clarity in understanding of proposed updates to large, and sometimes
complicated chapters of the Fridley City Code (Code), this Recodification Report (Report) will accompany
select ordinances as they are introduced to the City Council. The Report will illuminate substantive
changes to the Code (e.g., addition or removal of a section, fee changes, policy updates, etc.). It will not
point out grammatical, punctuation, renumbering, or stylistic changes.
TitlePlacement
Title 1 General ProvisionsTitle 6 Zoning
Title 2 Administration Title 7 Licensing
Title 3 Health, Safety and Welfare Title 8 Franchises, Utilities and Right-of-Way
Title 4 Public NuisanceTitle 9 Public Ways and Places
Title 5 Lands and BuildingsAppendices
Chapter Information
Chapter Title:SignsRecodification Liaisons:Stacy Stromberg, Planning
Manager, Nancy Abts, Associate Planner, Danielle
Herrick, City Management Intern; Melissa Moore,
City Clerk
Current Chapter Number:214New Chapter Number:506
Substantive Changes
Section NumberCurrent CodeProposed Changes
506.03Establishes general provision for sign Updated free standing sign
placementrequirements to allow for business to
have temporary signs in front of their
business while open.
506.05Establishes general signs prohibitedUpdated to provide clarity on
timelines for city to take action,
respond to permits and corrective
action measures against violators.
506.07Establishes sign requirements by Various nominal updates that provide
zoning districtclarityon sign location and sign type
allowed in each zoning district.
506.08Requires sign erectors belicensedRepealed. Sign contractors are
regulated by the State.
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RECODIFICATION REPORT
Introduction
To aid accessibility and clarity in understanding of proposed updates to large, and sometimes
complicated chapters of the Fridley City Code (Code), this Recodification Report (Report) will accompany
select ordinances as they are introduced to the City Council. The Report will illuminate substantive
changes to the Code (e.g., addition or removal of a section, fee changes, policy updates, etc.). It will not
point out grammatical, punctuation, renumbering, or stylistic changes.
TitlePlacement
Title 1 General ProvisionsTitle 6 Zoning
Title 2 Administration Title 7 Licensing
Title 3 Health, Safety and Welfare Title 8 Franchises, Utilities and Right-of-Way
Title 4 Public NuisanceTitle 9 Public Ways and Places
Title 5 Lands and BuildingsAppendices
Chapter Information
Chapter Title:Snow and Ice RemovalRecodification Liaisons:Rachel Workin,
Environmental Planner, Brandon Brodhag,
Assistant City Engineer; Jeff Jensen, Operations
Manager Parks/Streets; Stacy Stromberg, Planning
Manager;Melissa Moore, City Clerk
Current Chapter Number:514New Chapter Number:504
Substantive Changes
Section NumberCurrent CodeProposed Changes
504.02The section defines terms found Staff recommendupdating definitions
throughout the Chapterfor consistency with other chapters of
the City Code and based on the model
ordinance for bulk deicer storage
provided by the Minnesota Pollution
Control Agency (MPCA).
504.04This section was added for compliance
with the revised Municipal Separate
Storm Sewer System permit issued to
the City by the MPCA.
504.05This section was added to reduce
water quality contamination from
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RECODIFICATION REPORT
accumulated deicer remaining after
snow melt.
504.07Declares violations of the Chapter are For consistency, all fees in the Code
a public nuisance and lists the fees are moved to the Fees Chapter.
associated with any violations.
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RECODIFICATION REPORT
Introduction
To aid accessibility and clarity in understanding of proposed updates to large, and sometimes complicated
chapters of the Fridley City Code (Code), this Recodification Report (Report) will accompany select
ordinances as they are introduced to the City Council. The Report will illuminate substantive changes to the
Code (e.g., addition or removal of a section, fee changes, policy updates, etc.). It will not point out
grammatical, punctuation, renumbering, or stylistic changes.
TitlePlacement
Title 1 General ProvisionsTitle 6 Zoning
Title 2 Administration Title 7 Licensing
Title 3 Health, Safety and Welfare Title 8 Franchises, Utilities and Right-of-Way
Title 4 Public NuisanceTitle 9 Public Ways and Places
Title 5 Lands and BuildingsAppendices
Chapter Information
Chapter Title:Tree ManagementRecodification Liaisons:Rachel Workin,
Environmental Planner, Jeff Jensen, Operations
Manager Parks/Streets; Stacy Stromberg, Planning
Manager;Melissa Moore, City Clerk; Trent Homard,
Administrative Intern; Beth Kondrick, Deputy City
Clerk; Maxwell Lohse, Planning Intern
Current Chapter Number:104New Chapter Number:503
Substantive Changes
Section NumberCurrent CodeProposed Changes
503.02Staff recommendupdating definitionsto
clarify the scope of the chapter.
503.06Describes how the City will The added text was moved from Section
investigate possible nuisance trees.104.07 for consistency and clarity.
503.08Describes how the City will remove
trees declared a public nuisance, if managing public nuisances are laid out in
the property owner does not within the Abatement of Exterior Public
30 days of notification.Nuisance Chapter of the Code.
503.09Requires the City to keep all The City complies with the Minnesota
appropriate records related to itsData Practices Act, as required by the
Tree Management Program.Fridley City Charter. All corresponding
records are retained and managed as
required by State law.
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AGENDA REPORT
Meeting Date:February 26, 2024 Meeting Type:City Council
Submitted By: Beth Kondrick, Deputy City Clerk
Title
ResolutionNo.2024-26, Approving Springbrook Nature Center FoundationGambling Permit
Background
Pursuant to sections of the Fridley City Code (Code), certain business licensing activities require approval
of theFridleyCity Council(Council), includingTemporary Lawful Gambling permits.
The City received an application from Kimberly Tillberry of the Springbrook Nature Center Foundation
for a Lawful Gambling permit for a Raffle event to be held atSpringbrook Nature Centeron April 6,
2024.
Staff have performed the required verification steps spelled out in the Lawful Gambling Chapterof the
Code. Upon approval of the Council,the City permit and associated certifications will be forwardedto
the State for issuance.
Financial Impact
All revenues for similarlicenses were anticipated as part of the 2024Budget.
Recommendation
Staff recommend the approval of Resolution No. 2024-26, Approving Springbrook Nature Center
Foundation Gambling Permit.
Focus on Fridley Strategic Alignment
Vibrant Neighborhoods &Places X Community Identity &Relationship Building
Financial Stability & CommercialProsperity X Public Safety & Environmental Stewardship
Organizational Excellence
Attachments
Resolution No. 2024-26
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Resolution No. 2024-26
Approving Temporary Lawful Gambling Permit for Springbrook Nature Center Foundation
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 Lawful Gambling Chapter of the Code, the City Council must approve
exempt lawful gambling permits; and
Whereas, a Temporary Lawful Gambling permit application was submitted by Kimberly Tillberry
for a raffle event to be held at Springbrook Nature Center on April 6, 2024; and
Whereas, permit
and have recommended the permit for approval.
Now, therefore be it resolved, that the City Council of the City of Fridley hereby approves the
Temporary Lawful Gambling permit to be issued to Kimberly Tillberry for a raffle event to be held
on April 6, 2024 at Springbrook Nature Center.
Passed and adopted by the City Council of the City of Fridley this 26th day of February,
2024.
_______________________________________
Scott J. Lund Mayor
Attest:
___________________________________
Melissa Moore City Clerk
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AGENDA REPORT
Meeting Date:February26, 2024 Meeting Type:City Council
Submitted By:Mike Maher, Parks and Recreation Director
Title
Ordinance No. 1420, Amending the Fridley City Code Chapter 209, Fees, to Update Parks and
Recreation Fees(First Reading)
Background
Attached is Ordinance No. 1420amending the Fridley City Code Chapter 209, Fees, to update parks and
recreation fees for rental and community use of fields, facilities, and park spaces. Fees have been
adjusted to reflect new facilities such as the Moore Lake Community Building and LockePark shelters.
Other fees have been adjusted to reflect market rates in neighboring communities as well as to
streamline and categorize rates across park system.
Financial Impact
Staff havecompleted market research for park buildings and shelters in neighboring communities and
is recommending fees consistent with averages seen across the region. Fees collected for use of park
facilities represents just under 10% of total charges for services within the Parks and Recreation budget.
Recommendation
Staffrecommendthe City Council approve a first reading of Ordinance 1420, Amending the Fridley City
Code Chapter 209, Fees, to update Parks and Recreation Fees.
Focus on Fridley Strategic Alignment
X Vibrant Neighborhoods &Places X Community Identity &Relationship Building
Financial Stability & Commercial ProsperityPublic Safety & Environmental Stewardship
Organizational Excellence
Attachments and Other Resources
Ordinance No. 1420
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Ordinance No. 1420
Amending the Fridley City Code Chapter 209, Fees, to Update Parks and Recreation 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
209.12.6 Parks and Recreation Service 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 (Included $50 per day $50 per day $100 per day
with weekend or daily
tournament rental)
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 $80 per day $80 per day $120 per day
Vendor fee (concession $100 per day $100 per day $100 per day
space)
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(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, soccer, $0 per hour $20 per hour $40 per hour
tennis, pickleball, volleyball,
and football fields (does not
include Community Park
weekend tournaments)
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 $1000 per $1,000 per $2,000 per
Complex weekend or weekend weekend
$250500 per $500 per day $1,000 per day
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 Park Facility Rental Fees
Park Resident/Non-Non-Resident Deposit
Profit
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Flanery and Commons Parks,
Locke Park Shelter #2, Moore $100 120 plus $50
$65 80 plus tax
Lake Pavilions Ï 50 guests tax
$105 plus tax $150 plus tax $50
maximum
1-50 guests
51-150 guests
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
Special Use Permit $235 plus tax $425 plus tax $50
Locke Park Pavilion # 1 (150 $170 plus tax $250 plus tax $50
person capacity)
Moore Lake Community $150 plus tax $225 plus tax $200
Building Half Day Rental on weekdays on weekdays
$250 plus tax $400 plus tax
on weekends on weekends
Moore Lake Community $225 plus tax $337.50 plus $200
Building Full Day Rental on weekdays tax on
$375 plus tax weekdays
on weekends $600 plus tax
on weekends
Moore Lake Community $25 per hour $25 per hour
Building Monitor
(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)(6) Springbrook Nature Center Room Rental Fees
Program/Amenity Fee
Amphitheater (Full day rental)
Resident $225 per room per hour plus tax
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Jufn!22/
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 $3040 per room per hour plus
tax
Non-resident $5065 per room per hour plus
tax
Non-profit group (proof of status must be $3040 per room per hour plus
provided) tax
Pavilion Activity Center Outdoor Only
($100 refundable damage deposit due at time
of booking)
Resident $6580 plus tax
Non-resident $100120 plus tax
Non-profit group (proof of status must be $8065 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)
Pavilion Activity Center Entire ($100 refundable
damage deposit due at time of booking)
Resident $130170 plus tax
Non-resident $200250 plus tax
Non-profit group (proof of status must be $130170 plus tax
provided)
Portable public address (PA) system $50 per day plus tax
Passed and adopted by the City Council of the City of Fridley on this \[day\] day of \[Month\],
2024.
______________________________________
Scott J. Lund - Mayor
______________________________________
Melissa Moore - City Clerk
First Reading: February 26, 2024
Second Reading:
Publication:
394