01-24-2022 Conf Mtg
COUNCIL CONFERENCE MEETING
January 24, 2022
5:00 PM
Fridley Civic Center, 7071 University Avenue N.E.
AGENDA
1.Recodification Update: Title 1 (General Provisions)
2.Housing Improvement Area Innsbruck North Townhome Association
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or
employment in its services, program, or activities because of race, color, creed, religion, national origin, sex, disability,
age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will
Hearing impaired persons who need any interpreter or other persons with disabilities who require auxiliary aids
should contact Roberta Collins at (763) 572-3500. (TTD/763-572-3534).
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AGENDA REPORT
Meeting Date:January 24, 2022 Meeting Type:City CouncilConferenceMeeting
Submitted By:Melissa Moore, City Clerk
Title
Recodification Update: Title 1 (General Provisions)
Background
Pursuant to Minnesota Statute § 415.02 and Fridley City Charter (Charter) § 1.02, the City Council
(Council) may codify and publish ordinances that carry the force and effect of law for the City of Fridley
(City), which may be arranged into a system generally referred to as the Fridley City Code (Code). On
August 23, 2021 the Council authorized and directed efforts related to recodification of the Codeby
adopting Resolution No. 2021-67.Following the process established by the City Manager for revising
each chapter of the Code, staff are ready to present a draft of Title 1 (General Provisions) of the Code.
To explain proposed revisions to chapters, and the rationale for the proposed revisions, the City Manager
created Recodification Reports that will accompany any chapter amendment that propose substantive
changes to the Code. If a chapter does not propose substantive changes, there will be no corresponding
Recodification Report. Staff will present proposed changes to Title 1 to the Council, take questionsand
solicit feedback and further direction. Based on such feedback and direction, staff will make additional
changes to Title 1.
At a later City Council meeting, the Council will be asked to adopt a resolution calling for a public
hearing. At the publichearingto consider Title 1, the Council will take public comment and conduct a
first reading of the ordinance as is required by the Charter.
Attachments and Other Resources
Chapter 100, Adoption of Code
Chapter 101,Rules of Construction
Chapter 102,Severability
Chapter 103,Definitions
Chapter 104,Legislative Body(no Recodification Report)
Chapter 105,Commission
Chapter 106,Ethics
Chapter 905,Adoption by Reference
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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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 1General ProvisionsTitle 6 Lands and Buildings
Title 2 Administration Title 7 Zoning
Title 3 Licensing Title 8 Franchises, Utilities and Right-of-Way
Title 4 Health, Safety and WelfareTitle 9 Public Ways and Places
Title 5 Public NuisanceAppendices
Chapter Information
Chapter Title:Adoption of CodeRecodification Liaisons:Melissa Moore, City Clerk
Current Chapter Number:906New Chapter Number:100
Substantive Changes
Section NumberCurrent CodeProposed Changes
906.031983 was the last time this Chapter The recodification process will
was amended.introduce ordinances to the Council
that may repeal and replace orupdate
chapters of the Code. As a multiple-
year process to update all chapters of
the Code, there is no cutoff date
effectively recodifying the Code at one
time.
100.05This section directs the City to print In 2020 the City transitioned the Code
hard copies of the Code, make to an online platform. The website is
periodic updates as required, and indexed allowing users to easily
maintain a table of contents and navigate chapters andsearch
appendices.particular terms.
100.06N/AAn addition to this Chapter, this
proposed section would authorize the
City Manager the administrative
authority to direct grammatical,
punctuation or stylistic changes to the
Code without altering the meaning of
the Code.
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RECODIFICATION REPORT
100.08This section directs the City Clerk to Thisproposed change directsthat
maintain the Code and make it approved ordinances will be published
available for public inspection after in the Official Publication, as required
recodification.by State statute, and will become
effective pursuant to the City Charter.
100.09This section directs the City Clerk to Minnesota Statute § 415.19 requires
maintain the Code and make it cities to post proposed ordinances on
available for inspection. It is unclear if their website for at least 10 days
the second sentence relates to before the Councilcasts a final
routinely follows this step, posting all
consideration,or if the sentence is a proposed ordinances for public
requirement for the City to publish the review. The Fridley City Charter § 3.07
adopted ordinance for two weeks directs ordinances will be published at
least once in the Official Publication,
after the Coun
Reviewed By
City ManagerDepartment Director
City AttorneyRecodification Liaison
Recodification Coordinating Group
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Fridley City Code
Chapter 906. 100 Adoption of Code
906.01.100.01 Adoption of Code
The substantive general ordinances of the City of Fridley, Minnesota are hereby codified.; Tthe
Municipal Code of Fridley, MinnesotaFridley City Code
(Code), and consists of chapters and sections, separately numbered in a decimal system with
certain chapter and section numbers reserved for future use and expansion of the Code, as well
as an appendix and index thereof. Any matters as may be contained in the appendix or index
are included for purposes of information and reference only and are of no substantive effect
except where and unless the Code itself specifically incorporates the same by reference.
906.02.100.02 Short Title
For brevity hereafter the Municipal Code of Fridley, MinnesotaFridley City Code is sometimes
;
means the Municipal Code of Fridley, MinnesotaFridley City Code unless the context clearly
requires another meaning.
906.03. Repeal of Certain Ordinances
This code in the original enactment includes all substantive ordinances of a general nature up to
and including Ordinance No. 795, passed on December 5, 1983. All substantive ordinances of a
general nature up to and including Ordinance No. 795 are repealed and replaced by the
enactment of this Code.
906.04.100.03 Subsequent Ordinances
Any ordinance passed after the effective date of this Code shall be passed as a recodified
Chapter to this Code (unless it is of limited or special application or is otherwise deemed not to
be a part of this Code). Such recodified Chapter, amendment, addition, or deletion shall be
made a part of this Code as hereinafter provided and directed by the City Council.
906.05.100.04 Consecutive Numbering to Continue
The present consecutive chronological numbering of all ordinances as are passed shall continue
without regard to their subsequent inclusion within this Code, but each ordinance which is an
amendment or addition to the Code shall specify the amendment or addition.
906.06.100.05 Annual Revisions
This Code is printed and loosely formed and is kept up-to-date by the regular insertion of
recodified pages containing all amendments, repeals or addition to the Code. For convenience,
the volume includes, in addition to the Municipal Code of Fridley, Minnesota, a table of
contents, appendixes and a complete subject matter index.
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The Council, with the advice of the City Attorney, shall make arrangements periodically for the
editorial work and printing necessary to prepare revised and additional pages as necessary to
keep the volume up to date as nearly as reasonably possible at all times.
100.06 Errors
The City Manager may direct staff to correct grammatical, punctuation, or spelling errors found
after passage of an ordinance without altering the meaning of the ordinance enacted.
906.07.100.07 Preservation of Existing Rights
The repeal of any ordinance or portion thereof by addition to this Code or any subsequent
amendment, repeal or addition thereto does not affect or impair any act done, right vested or
accrued, or any proceeding, suit or prosecution had or commenced in any cause before such
repeal takes effect. Every act done, right vested or accrued, or proceeding, suit or prosecution
had or commenced, remains in full force and effect to all intents and purposes as if such repeal
had not taken place. No offense committed, and no liability, penalty or forfeiture, either civil or
criminal, incurred prior to repeal of any ordinance or any part thereof, by this Code or
subsequent amendment, repeal or addition thereto, is discharged or affected and the
prosecution and suit of any such offense, liability, penalty or forfeiture may be instituted and
proceeded within all respects as if such prior ordinance or part thereof had not been repealed.
906.08.100.08 Publication and Effective Date
Ordinances will be published in the Official Publication pursuant to State statute. A copy of this
Code has beenis on file and open for public inspection in the office of the City Clerk. for a period
of at least three weeks prior to its additions, commencing on the first day of December 12, 1983.
Ordinances are effective pursuant to the Fridley City Charter.
906.09.100.09 Code Permanently on File
A copy of the code shall be permanently on file and open for public inspection in the office of
the City Clerk in the City of Fridley. Notice shall be given in the official newspaper for at least
purchase.
906.10.100.10 Prima Facie Evidence
The Municipal Fridley City Code of Fridley, Minnesota, shall be prima facie evidence of the law of
the City.
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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
ordinancesas they areintroduced 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 1General ProvisionsTitle 6 Lands and Buildings
Title 2 Administration Title 7 Zoning
Title 3 Licensing Title 8 Franchises, Utilities and Right-of-Way
Title 4 Health, Safety and WelfareTitle 9 Public Ways and Places
Title 5 Public NuisanceAppendices
Chapter Information
Chapter Title:Rules of ConstructionRecodification Liaisons:Melissa Moore, City Clerk
Current Chapter Number:902New Chapter Number:101
Substantive Changes
Section NumberCurrent CodeProposed Changes
101.01Directing that words and phrases used Changes to this Section attempt to
throughout the Code shall be taken to make the textmore succinct and
mean their commonly understood clearer.
definitions. Any technical words or
phrases should be understood by
their technical meaning.
101.02This section declared the Code to be These proposed changesdirect the
gender neutral throughout.Code be re-written in a gender neutral
manner, unless the context requires a
specific reference to a gender.
902.12This section is intended to codify the Upon recommendation of the City
, Attorney,this section is proposed to
and makes note that revisions to the be removed. The City Code serves as
Code will be ongoing.the municipal law of the City and
would therefore be enforced by City
officials and the courts, if necessary. If
the courts found any ambiguity in the
Code they would examine the
legislative intent of the City Council.
Reviewed By
City ManagerDepartment Director
City AttorneyRecodification Liaison
Recodification Coordinating Group
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Fridley City Code
Chapter 902. 101 Rules of Construction
902.01.101.01 Generally
All words and phrases in this Code are used and shall be construed in their plain, ordinary and
usual sense and, except where the context clearly requires otherwise in accordance with this
Chapter or any definitions, general or special, are contained in this Code, technical words
phrases having a peculiar and appropriate meaning in law are to be understood according to
their technical import. Words and phrases used in the Fridley City Code (Code) shall be
construed in their plain, ordinary and usual sense, except that technical words and phrases
having a peculiar and appropriate meaning in law shall be understood according to their
technical meaning.
902.02.101.02 MASCULINE, FEMININE OR NEUTER Gender
The use of either masculine, feminine or neuter gender includes the other gender(s). Unless the
context clearly requires otherwise, the use of either masculine, feminine or neuter gender in this
Code shall include the other genders.
902.03.101.03 Singular or Plural
The use of either singular or plural numbers includes the other number.
902.04101.04 Past, Present or Future
The use of either past, present or future tense includes the other tense.
902.05.101.05 Joint Authority
Words importing joint authority for three or more persons are construed authority to a majority
of such persons.
902.06.101.06 Catchline Section Heading
The catchline heading of a section printed in bold face type is intended to indicate the contents
of the section for the convenience of the reader and is not to be construed as a part of the
section.
902.07.101.07 Computation of Time
The time within which an act is to be done is computed by excluding the first day and including
the last day. When the last day is a Sunday or legal holiday, such that day is excluded and the
last day is the next following business day.
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902.08.101.08 Deputies
Whenever this Code of Fridley requires an act to be done which may legally be done by an
agent or employee as well as by the principal, such requirement is satisfied by the performance
of the act by an authorized agent or employee.
902.09.101.09 Filing at City Offices
Whenever this Code of Fridley requires filing with, payment to, or notification of any certain City
official or department, the requirement is satisfied by filing, payment, or notification at the
regular office of such City official or department during business hours on any business day.
902.10.101.10 Repeal
The repeal of a provision which repeals a prior provision does not revive the prior provision
unless the intent to do so is clearly stated. The repeal of any provision is not construed to abate,
annul, or otherwise affect any proceeding had or commenced under or by virtue of the repealed
provision and the same is effectual as if the said provision had not been repealed, unless the
contrary intent is clearly stated.
902.11.101.11 Liberal Construction
All general provisions, terms, phrases, and expressions contained in this Code are to be liberally
construed in order that the true intent and meaning of each such provision may be fully carried
out.
902.12. Substantive Change Not Intended
This Code of Fridley is intended as a codification of the existing law and is to be construed in
accordance with such intent, except where a change or revision is clearly otherwise indicated.
902.13.101.12 Minnesota Rules of Construction to Apply
Unless they are clearly in conflict with the provisions of this Code, or otherwise clearly
inapplicable, the rules of construction established for the State of Minnesota by statute or case
law apply in the construction of this Code.
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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
ordinancesas they areintroduced 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 1General ProvisionsTitle 6 Lands and Buildings
Title 2 Administration Title 7 Zoning
Title 3 Licensing Title 8 Franchises, Utilities and Right-of-Way
Title 4 Health, Safety and WelfareTitle 9 Public Ways and Places
Title 5 Public NuisanceAppendices
Chapter Information
Chapter Title:SeverabilityRecodification Liaisons:Melissa Moore, City Clerk
Current Chapter Number:904New Chapter Number:102
Substantive Changes
Section NumberCurrent CodeProposed Changes
102.01States that if any section of the City The proposed change to this section is
Code were to be found invalid or to make the languageclearer.
unconstitutional, all other sections of
the Code are separate and not
affected by any such ruling.
Reviewed By
City ManagerDepartment Director
City AttorneyRecodification Liaison
Recodification Coordinating Group
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Fridley City Code
Chapter 904. 102 Severability
904.01. 102.01 Invalidity of Part
If any part, sentence, provision or clause of the City Code of Fridley shall be adjudged void or of
no effect, for any reason whatsoever, such decision shall not affect the validity of any of the
remaining portions of the City Code of Fridley.
Every chapter, section, subsection or provision of the Fridley City Code (Code) is hereby declared
severable from every other such chapter, section, subsection or provision. If any chapter, section,
subsection or provision of this Code is found to be invalid or unconstitutional by a court of
competent jurisdiction, it shall not affect or invalidate any other chapter, section, subsection or
provision.
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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
ordinancesas they areintroduced 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 1General ProvisionsTitle 6 Lands and Buildings
Title 2 Administration Title 7 Zoning
Title 3 Licensing Title 8 Franchises, Utilities and Right-of-Way
Title 4 Health, Safety and WelfareTitle 9 Public Ways and Places
Title 5 Public NuisanceAppendices
Chapter Information
Chapter Title:DefinitionsRecodification Liaisons:Melissa Moore, City Clerk
Current Chapter Number:903New Chapter Number:103
Substantive Changes
Section NumberCurrent CodeProposed Changes
103.01This section is a purpose statement for
the Chapter.
103.02This section includes a paragraph The first partof this section is moved
regarding potential conflicting to Section 103.03 (Conflicts). The list of
definitions and then proceeds to definitions was expanded to include
define commonly referred to terms terms commonly found throughout
found throughout the City Code.the entire City Code.
103.03This section directs that the definitions This paragraph was moved from
found in this chapter apply generally Section 103.02.
to the entire City Code. If a term is not
included in this chapter, it shall be
defined in future chapters where the
term is particularly applicable. The
section also states that any word or
phrased defined by Minnesota Statute
applies to the City Code.
103.04This section adopts Minnesota Statute
Chapter 645, which directs formatting
of state law.
Reviewed By
City ManagerDepartment Director
City AttorneyRecodification Liaison
Recodification Coordinating Group
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Fridley City Code
Chapter 903. 103 Definitions Conflict
103.01 Purpose
The following definitions shall apply to the Fridley City Code (Code) and to all ordinances and
resolutions unless the context requires otherwise.
903. 01. 103.02 Definitions
1. Whenever a chapter of this Code contains therein a definition which is particularly applicable
to such chapter, then such definition shall prevail in case of conflict over any general definition as
contained in this Code, in this Chapter or in any other chapter of this Code. The definition of any
word or phrase as established for the State of Minnesota by statute or case law applies to this
Code, except where such meaning is clearly in conflict with the definitions or meanings particularly
provided in this Code.
2. Under the Municipal Code of Fridley, unless the particular context thereof shall clearly require
a different meaning, the terms noted herein shall man as follows:
City Charter or Charter: The Charter of the City of Fridley effective September 24, 1957, as
amended.
City, Municipal Corporation, or Municipality: The City of Fridley, Minnesota.
City Council or Council: The City Council of the City of Fridley.
City Manager: The person duly appointed by the Council and acting in such capacity.
Code or Code of Ordinances: The Municipal Code of Fridley, Minnesota.
Conviction: Either a plea of guilty accepted and recorded by the court, or a verdict of guilty by
a jury, or a finding of guilty by the court.
Includes: a specific example.
May not: states a prohibition.
Minnesota Statutes or M.S.: The edition of the Minnesota Statutes current at the time of said
reference.
Must: Mandatory.
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Nuisance: Anything offensive or obnoxious to the health and welfare of the inhabitants of the
City, or any act or thing creating a hazard to, or having a detrimental effect on the property of
another person or to the community.
Oath: Affirmation in all cases where by law an affirmation may be substituted for an oath. In
Officer, Official, or Public Official: An employee, member of the Council, member of an advisory
commission, or member of a City committee.
Ordinance: An ordinance duly adopted by the Council.
Owner: In the case of personal property, a person, other than a lien holder, having the property
in or title to personal property. In the case of real property, the term means the fee owner of
land, or the beneficial owner of land whose interest is primarily one of possession. The term
includes, but is not limited to, vendees under a contract for deed and mortgagors.
Person: Any individual, firm, corporation, partnership, association, organization or other group
acting as a unit, including any executor, administrator, trustee, receiver or other representative
appointed by law. Whenever the word "person" is used in any section prescribing a penalty or
fine, it includes the partners or any members of any partnership, firm or corporation and as to
a corporation, the officers, agents or members thereof who are responsible for the violation.
Property: Tangible or intangible, real, personal or mixed property.
Shall: Mandatory.
Sidewalk: The portion of the street between the curb line and the adjacent property line, which
is intended for the use of pedestrians.
State: The State of Minnesota.
Street: Any public way, highway, street, avenue, boulevard or other public thoroughfare. Each
such word includes the others and where the context permits, includes also sidewalk.
Violate: Failure to comply with.
103.03 Conflicts
Whenever a chapter of this Code contains a definition which is particularly applicable to such
chapter, then such definition shall prevail in case of conflict over any general definition as
contained in this Code, in this Chapter or in any other chapter of this Code. The definition of any
word or phrase as established for the State of Minnesota by statute or case law applies to this
Code, except where such meaning is clearly in conflict with the definitions or meanings particularly
provided in this Code.
103.04 Minnesota Definitions to Apply
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The definitions contained in Minnesota Statutes, Chapter 645, as amended, are hereby adopted
by reference and are made a part of this Code. Unless clearly in conflict with the definitions or
other provisions of this Code, or otherwise clearly inapplicable, definitions established for the
State of Minnesota by Statute or case law shall apply to this Code.
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Fridley City Code
Chapter 1.104 Legislative Body
1.01. 104.01 Salary
The Mayor and each Councilmember shall receive each year reasonable remuneration or salary,
the amount and payment of which shall be prescribed by ordinance duly adopted on or before
st
November 1 of the year preceding payment of the same.
1.02 104.02 Ward Boundaries
Pursuant to the City of Fridley Charter, Chapter 2.03, which requires the Council to redetermine
Ward Boundaries after each decennial census of the United States, and at other times as the City
Council may determine, the Ward and Precinct boundaries of the City are redetermined and
hereafter are established as follows:
1. Ward 1
Ward No. 1, Precinct No. 1 is established as the area bounded as follows:
North: Starting at the northern City Limits (approximately 255 feet north of the intersection of
Osborne Road and Trunk Highway (T.H.) #47 Avenue) go east on the northern City Limits to
Baker Street. East: Using Baker Street and starting at the northern City Limits, go south on
rdrd
Baker Street to 73 Avenue, then go east on 73 Avenue to Highway #65, then go south on
Highway #65 to Rice Creek Terrace. South: Using Rice Creek Terrace and starting T.H. #65, go
th
west on Rice Creek Terrace to Madison Street, then go south on Madison Street to 7 Street,
thththth
then go south on 7 Street to 67 Avenue, then go west on 67 Avenue to 4 Street, then go
th
north on 4 Street to Rice Creek Terrace, then go northwest on Rice Creek Terrace to T.H. #47.
West: Using T.H. #47 and starting at Rice Creek Terrace, go north on T.H.#47 to the northern
City Limits (Osborne Road and T.H. #47).
Ward No. 1, Precinct No. 2 is established as the area bounded as follows:
North: Using T.H. #47 and starting at Rice Creek Terrace, go southeast on Rice Creek Terrace
ththththth
to 4 Street, then go south on 4 Street to 67 Avenue, then go east on 67 Avenue to 7
th
Street, then go northeast on 7 Street to Madison Street, then go north on Madison Street to
Rice Creek Terrace, then go east on Rice Creek Terrace to Highway #65. East: Using T.H. #65
and starting at Rice Creek Terrace, go south on Highway #65 to Mississippi Street, then go
west on Mississippi Street to Van Buren Street, then go south on Van Buren Street to Carol
Drive, then go southwest on Carol Drive to West Moore Lake Drive. South: Using West Moore
st
Lake Drive and starting at Carol Drive, go southwest on West Moore Lake Drive to 61 Avenue,
stthth
then go west on 61 Avenue to 7 Street, then go north 7 Street to Mississippi Street, then
go west on Mississippi Street to T.H. #47. West: Using T.H. #47 and starting at Mississippi
Street, go north on T.H. #47 to Rice Creek Terrace.
Ward No. 1, Precinct No. 3 is established as the area bounded as follows:
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North: Using Mississippi Street and starting at the Burlington Northern Railroad right-of-way,
thth
go east on Mississippi Street to 7 Street. East: Using 7 Street and starting at Mississippi
thththth
Street, go south on 7 Street to 57 Avenue. South: Using 57 Avenue and starting at 7
th
Street, go west on 57th Avenue to T.H. #47. West: Using T.H. #47 and starting at 57 Avenue,
th
go north on T.H. #47 to 59th Avenue, then go west on 59 Avenue to Main Street, then go
stst
north on Main Street to 61 Avenue, then go west on 61 Avenue to the Burlington Northern
Railroad right-of-way, then go north on the Burlington Northern right-of-way to Mississippi
Street.
Ward No. 1, Precinct No. 4 is established as the area bounded as follows:
stthst
North: Using 61 Avenue and starting at 7 Street, go east on 61 Avenue to West Moore
st
Lake Drive. East: Using West Moore Lake Drive and starting at 61 Avenue, go southeast on
West Moore Lake Drive to T. H. #65, then go south on T.H. #65 to T. H. #694, then go east on
T.H. #694 to Matterhorn Drive, then go south on Matterhorn Drive to the southern City Limits.
South: Using the southern City Limits and starting at Matterhorn Drive, go west on the
southern City Limits to T.H. #47. West: Using T.H. #47 and starting at the southern City Limits,
thth
go north on T.H. #47 to 57 Avenue, then go east on 57th Avenue to 7 Street, then go north
thst
on 7 Street to 61 Avenue.
2. Ward 2
Ward No. 2, Precinct No. I is established as the area bounded as follows:
North: Using the northern City Limits (Osborne Road) starting at Baker Street, go east on the
northern City Limits to the eastern City Limits. East: Using the eastern City Limits, go south on
thth
the eastern City Limits to 69 Avenue. South: Using 69 Avenue and starting at the eastern
th
City Limits, go west on 69 Avenue to Central Avenue, then go south on Central Avenue to
Rice Creek, then go west on Rice Creek To T.H. #65. West: Using T.H. #65 and starting at Rice
rdrd
Creek, go north on T.H. #65 to 73 Avenue, then go west on 73 Avenue to Baker Street, then
go north on Baker Street to the northern City Limits.
Ward No. 2 Precinct No. 2 is established as the area bounded as follows:
North: Using Rice Creek and starting at T.H. #65, go east on Rice Creek to Central Avenue,
thth
then go north on Central Avenue to 69 Avenue, then go east on 69 Avenue to the eastern
th
City Limits. East: Using eastern City Limits and starting at 69 Avenue, go south on the eastern
thth
City Limits to 66 Avenue. South: Using 66 Avenue and starting the eastern City Limits, go
th
west on 66 Avenue to Arthur Street, then go south on Arthur Street to Mississippi Street,
then go west on Mississippi Street to Central Avenue, then go south on Central Avenue to East
Moore Lake Drive, then go southwest on East Moore Lake Drive/West Moore Lake Drive to
Able Street. West: Using Able Street and starting at West Moore Lake Drive, go north on Able
Street to Carol Drive, then go west on Carol Drive to Van Buren Street, then go north on
VanBuren Street to Mississippi Street, then go east on Mississippi Street to T.H. #65, then go
north on T.H. #65 to Rice Creek.
Ward No. 2, Precinct No. 3 is established as the area bounded as follows:
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North: Using Able Street and starting at Carol Drive, go south on Able Street to West Moore
Lake Drive, then go east and northeast on West Moore Lake Drive/East Moore Lake Drive to
Central Avenue, then go north on Central Avenue to Mississippi Street, then go east on
Mississippi Street to Arthur Street, then go north on Arthur Street to 66th Avenue, then go
east on 66th Avenue to the eastern City Limits. East: Using the eastern City Limits and starting
th
at 66 Avenue, go south on the eastern City Limits to Gardena Avenue. South: Using Gardena
Avenue and starting at the eastern City Limits, go west on Gardena Avenue to Matterhorn
Drive, then go south on Matterhorn Drive to the extension of Hathaway Lane, then go west
on Hathaway Lane and its extension to Regis Drive, then go south on Regis Drive to Lynde
Drive, then go west on Lynde Drive and its extension to T.H. #65: West: Using T.H. #65 and
starting at the extension Lynde Drive, go north on T.H. #65 to West Moore Lake Drive, then
st
go northwest on West Moore Lake Drive to 61 Avenue, then go northeast on West Moore
Lake Drive to Carol Drive, then go northeast on Carol Drive to Able Street.
Ward No. 2, Precinct No. 4 is established as the area bounded as follows:
North: Using the extension of Lynde Drive and starting at T.H. #65, go east on Lynde Drive and
its extension to Regis Drive, then go north on Regis Drive to Hathaway Lane, then go east on
Hathaway Lane and its extension to Matterhorn Drive, then go north on Matterhorn Drive to
Gardena Avenue, then go east on Gardena Avenue to the eastern City limits. East: Using the
eastern City Limits and starting at Gardena Avenue go south on the eastern City Limits to the
southern City Limits. South: Using the southern City Limits and starting at the eastern City
Limits, go west on the southern City Limits to Matterhorn Drive. West: Using Matterhorn Drive
and starting at the southern City Limits, go north on Matterhorn Drive to T.H. #694 then go
west on T.H. #694 to T.H. #65, then go north on T.H. #65 to the extension of Lynde Drive.
3. Ward 3
Ward No. 3, Precinct No. 1 is established as the area bounded as follows:
North: Beginning at the Mississippi River and the northern City Limits, follow the northern City
Limits east to the Burlington Northern right-of-way, then go north on the Burlington Northern
thth
Railroad right-of-way (City Limits) to 85 Avenue (City Limits), then go east on 85 Avenue
th
(City Limits) to T.H. #47 (City Limits). East: Using T.H. #47 (City Limits) and starting at 85
Avenue go south on T.H. #47 (City Limits) to Osborne Road. South: Using Osborne Road and
starting at T.H. #47, go southwest on Osborne Road to Burlington Northern Railroad
th
right-of-way, then go north on the Burlington Northern Railroad right-of-way to 79 Way,
th
then go west on 79 Way to the western City Limits (Mississippi River). West: Using the western
th
City Limits and starting at 79 Way, go north to the northern City Limits.
Ward No. 3, Precinct No. 2 is established as the area bounded as follows:
thth
North: Using the western City Limits and starting at 79 Way, go east on 79 Way to the
Burlington Northern Railroad right-of-way, then go south on the Burlington Northern Railroad
right-of-way to Osborne Road, then go northeast on Osborne Road to T.H. #47. East: Using
T.H. #47 and starting at Osborne Road, go south on T.H. #47 to Mississippi Street. South: Using
Mississippi Street and starting at T.H. #47, go west on Mississippi Street to East River Road.
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West: Using East River Road and starting at Mississippi Way, go north on East River Road to
Rice Creek, then go west on Rice Creek to the western City Limits, then go north on the western
th
City Limits to 79 Way.
Ward No. 3, Precinct No. 3 is established as the area bounded as follows:
North: Using the western City Limits and starting at Rice Creek, go east on Rice Creek to East
River Road, then go south on East River Road to Mississippi Way, then go east on Mississippi
Way to the Burlington Northern Railroad right-of-way. East: Using the Burlington Northern
Railroad right-of-way and starting at Mississippi Way, go south on the Burlington Northern
stst
Railroad right-of -way to the extension of 61 Avenue, then go east on 61 Avenue and its
extension to Main Street, then go south on Main Street to T.H. # 694. South: Using T.H. #694
and starting at Main Street, go west to the western City Limits. West: Starting at T.H. #694 on
the western City Limits, go north on the western City Limits from T. H. #694 to Rice Creek.
Ward No. 3, Precinct No. 4 is established as the area bounded as follows:
North: Using the western City Limits and starting at T.H. #694, go east on T.H. #694 to Main
thth
Street, then go north on Main Street to 59 Avenue, then go east on 59 Avenue to T.H. #47.
th
East: Using T.H. #47 and starting at 59 Avenue, go south on T.H. #47 to the City Limits and
continuing on to the southern City Limits. South: Using the southern City Limits go west to the
western City Limits. West: Using the western City Limits, starting at the southern City Limits,
go north on the western City Limits to T.H. #694.
1.03. 104.03 Ward Map
Ward and Precinct boundaries are herein established and delineated in the City of Fridley
Whenever and wherever a
conflict shall appear between the boundaries as noted and provided on said map and the lines
noted and described in Section 1.02104.02, then the boundaries as noted in Section
1.02104.02 shall prevail.
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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
ordinancesas they areintroduced 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 1General ProvisionsTitle 6 Lands and Buildings
Title 2 Administration Title 7 Zoning
Title 3 Licensing Title 8 Franchises, Utilities and Right-of-Way
Title 4 Health, Safety and WelfareTitle 9 Public Ways and Places
Title 5 Public NuisanceAppendices
Chapter Information
Chapter Title:CommissionsRecodification Liaisons:Melissa Moore, City Clerk;
Stacy Stromberg, Planning Manager; Rachel
Workin, Environmental Planner; Margo Numedahl,
Recreation Supervisor; Mikey Oman, Employee
Resources Specialist
Current Chapter Number:6New Chapter Number:105
Substantive Changes
Section NumberCurrent CodeProposed Changes
105.01This section is a purpose statement for
the Chapter.
6.01This section This section is proposed to be
advisory commissions.removed. For consistency, each of the
created in separate sections where
their roles and responsibilities are
delineated and described in detail.
105.02This section lays out regulations and Substantive changes to this section
include a requirement for the City
commissions.Council (Council) to appoint the Chair
of each advisory commission and
directs all minutes from each
commission be submitted directly to
the Council.
105.04Lays out the roles and responsibilities The proposed changes to this section
of the Parks and Recreation include removing the directive that the
Commission.Parks and Recreation Commission
serveas an advisory role to the
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RECODIFICATION REPORT
Planning Commission and would now
serve the Council in that manner.
Subsection 5 removes the statement
that any employee handling cash be
bonded. As a standard administrative
practice, all City employees are
bonded through the League of
Minnesota Cities Insurance Trust.
105.05Lays out the roles and responsibilities The proposed changes to this section
of the Environmental Quality and include removing the directive that the
Energy Commission.Environmental Quality and Energy
Commission serve as an advisory role
to the Planning Commission and
would now serve the Council in that
manner.
Reviewed By
City ManagerDepartment Director
City AttorneyRecodification Liaison
Recodification Coordinating Group
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Fridley City Code
Chapter 6.105 Commissions
105.01 Purpose
Pursuant to the Fridley City Charter Chapter 2, the Fridley City Council (Council) may create
commissions with advisory powers to investigate any subject of interest to the City of Fridley (City).
Advisory commissions provide for citizen input and are advisory to the Council. Advisory
commissions shall have no decision-making authority, except as expressly established by the
Fridley City Code or Minnesota Statutes (M.S.).
6.01 Commission Titles
There is hereby created the following commissions for the City of Fridley. These commissions shall
be known as:
1. Planning Commission
2. Parks and Recreation Commission
3. Environmental Quality and Energy Commission.
6.02 105.02 Commissions Generally
1. Membership
(a)!Each commission, unless otherwise indicated, shall consist of seven Fridley residents
appointed by City Council.
(b)!The Council will annually appoint, by Council resolution, a chairperson to each advisory
commission.
(a)(c)!Each commission shall elect a chairperson and vice chairperson. At any meeting of
the commission if the chairperson is unable to attend, the vice chairperson shall act as
chairperson.
!The commission chairperson shall be elected by the commission membership and shall
also serve as a member of the Planning Commission.
(c)(d)!The commission members shall be appointed by the City Council for three
yearthree-year terms, except the City Council shall make every effort to stagger the
appointments so that the terms of no more than three members shall expire in any
one year. Attempt shall be made to have all City wards represented on the
commissions. Upon the expiration of their terms of office, members shall continue to
serve until their successor shall have been appointed.
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!The commissions shall each year, from their own members choose a chairperson and
vice chairperson. At any meeting of the commissions if the regular chairperson is
unable to attend, the vice-chairperson shall act as chairperson.
2. Vacancy
Commission members may resign or be removed from office by a majority vote of the City
Council. The commission member appointed to fill any vacancy shall serve for the
remainder of the vacated term.
3. Organization
(a)!Following the appointment of membership, each of the commissions shall meet,
organize and with the exception of the chairperson, elect any officers, as it deems
desirable.
(b)!Adopt rules for its meetings and the transaction of its business, in order to fulfill the
responsibilities of the commission.
(c)!The chairperson shall assure the fulfillment of the following responsibilities:
(1)!Call and preside over meetings of the commission.
(2)!Appear or appoint a representative to appear, if deemed necessary, before the City
Council or any City commission pertaining to matters within the scope of the
commission.
(3)!Provide liaison with other governmental and citizens' groups pertaining to matters
within the scope of the commission for the purpose of timely and relevant
information for consideration by the commission.
4.!Administrative Staff Liaison
The City Manager shall assign one member of the Administrative Staff staff to serve as
secretary Staff Liaison to each commission. The secretary Staff Liaison shall perform only such
clerical duties on behalf of a commission as may be assigned by the chairperson and with the
consent of the City Manager. Additional advisory staff shall be assigned to the commissions
by the City Manager within the restraints of the adopted general fund budget. Administrative
Staff shall be limited to commission level unless specifically approved by the City Council.A
Staff Liaison shall not serve as an appointed member of any City advisory commission.
5. Project Committees
The commissions may establish special project committees to further the objectives of the
commissions and provide for greater citizen participation. Such project committees shall be
appointed by a commission for special projects and shall cease to exist when their activities
are completed. The qualifications for membership, composition and duties of such project
34
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committees shall be at the discretion of the commission. The project committee may be
chaired by a member of the commission, and at least one member of the commission shall
act as a liaison for each project committee.
6. Compensation
The members of the commissions shall serve without pay, but may be reimbursed for actual
expenses if funds therefore are provided in the adopted general fund budget.
7. Reports
The commissions shall make such reports as requested by the City Council. or Planning
Commission.
8. Meetings
Meetings shall be called by the chairpersons and shall be held as necessary to fulfill the
responsibilities of the commissions. All meetings of the commissions shall be open to the
public. Minutes shall be kept of all meetings. Findings and recommendations shall be
transmitted by the commission chairpersons to the Planning Commission and from the
Planning Commission to the City Council.
6.03 105.03 Planning Commission
1.!TitleCommission Established
There is hereby created a Planning Commission for the City of Fridley, Minnesota pursuant to
M.S. Chapter 462.
The Council hereby establishes the Planning Commission to serve as the Board of Appeals
and Adjustments and exercise all authority and perform all functions of said Board pursuant
to Minnesota Statutes Section 462.351 to 462.364 and operate according to the Fridley City
Code.
2. Purpose
(a)!The Planning Commission is established to provide comprehensive planning and
zoning advice to the City Council with the aim of improving the City.
(a)!The Planning Commission is established to provide comprehensive planning and
zoning advice to the Council, provide a process by which the public may appeal staff
interpretation of Ccode, or request a variance to performance standards in the Fridley
Zoning Code.
(b) The Council hereby establishes the Planning Commission to serve as the Board of
Appeals and Adjustments and exercise all authority and perform all functions of said
Board pursuant to M.S. §§ 462.351 to 462.364 and operate according to the Code.
35
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3. Scope
(a)!The Planning Commission shall serve in an advisory capacity to the City Council.
Problems Matters shall be referred to the Planning Commission by the City Council,
City Administration Manager or chairperson of the member commissions, and may be
assigned to the member commissions for detailed study and recommendations as
required. All recommendations by the Planning Commission shall be made to the City
Council.
(b)!The Planning Commission is charged with responsibility for continuous community
planning, growth and development of comprehensive goals and policies, including but
not limited to, land use, housing, transportation, environment, parks and recreation,
public services, human resources, and other related community activities.
(c)!The Planning Commission shall advise the City Council in the development of
programs to give increased effectiveness and direction in implementing established
City goals and policies and recommend actions needed to carry out planning
responsibility.
(d)!The Planning Commission shall serve as the Board of Appeals and Adjustment and
shall exercise all the authority and perform all functions of said Board pursuant to
Minnesota Statutes §§ 462.351 to 462.364 and operate according to the Fridley City
Code.
4. Appeals and Requests
(a)!The Planning Commission shall hear and recommend to the City Council appeals or
requests in the following cases according to the procedures established in Chapters
128 and 205 of Fridley Citythis Code: and Chapter 205.06 of the Fridley Zoning Code:
(1)!Appeals where it is alleged that there is an error in any order, requirement, decision,
or determination made by a City compliance official in the enforcement of the City
Code, Zoning Code, Sign Code, Residential Licensing Code, or State Building Code.
(2)!Requests for variances from the literal provisions of the Zoning Code or Sign Code
in instances where strict enforcement would cause practical difficulties due to
circumstances unique to the individual property under consideration.
5. Membership of Planning Commission
The Planning Commission shall consist of the Planning Commission chairperson, the
chairperson of the Parks and Recreation Commission, the chairperson of the
Environmental Quality and Energy Commission, and four members at large.
36
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The chairperson of the Planning Commission and four members at large shall be
appointed by the City Council to serve for three-year terms as voting members of the
commission. The City Council shall stagger the appointments so that no more than two of
these appointments shall expire in any one year. Nothing herein shall prohibit any of these
four Planning Commission members from serving on other commissions; however, none
of these five shall be elected as chairperson or vice-chairperson of any other the member
commissions.
(a)!The Planning Commission members serve as chairperson of the member commissions
and are appointed according to provisions outlined in the ordinance establishing each
member commission.
(b)!The Planning Commission shall each year, from their members choose a vice
chairperson. At any meeting of the Planning Commission, if the regular chairperson is
unable to attend, the vice chairperson shall act as chairperson.
(c)!At any meeting of the Planning Commission, if any commission member is unable to
attend, the vice chairperson of his/her member commission(s) may serve in his/her
stead.
6.04 105.04 Parks and Recreation Commission
1. Commission Established
There is established a Parks and Recreation Commission for the City.
12. Purpose
The Parks and Recreation Commission is established to promote the systematic and
comprehensive development of park facilities and recreational activities necessary for the
physical, mental and emotional health and well-being of the residents of the City of Fridley.
23. Scope
(a)!The Parks and Recreation Commission shall act as an advisory commission to the
Planning CommissionCouncil for continuous community planning and development
of comprehensive City goals and policies. Any change in related community planning
and comprehensive City goals and policies must be reviewed by the Planning
Commission who will then make recommendations to the City Council.
(b)!The Parks and Recreation Commission shall advise the City Council, after a policy
review by the Planning Commission, in the development of programs to give increased
effectiveness and direction in implementing established City goals and policies and
recommend actions as needed to provide park and recreational opportunities.
34. Program
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The Commission shall each year, prior to June 1, recommend a capital improvement program
for park improvement and acquisition and for public recreation activities for the ensuing year.
45. Funds
For the purpose of financing the parks and recreation program authorized by this Chapter, the
accounting shall be the responsibility of the Treasurer of the City City Treasurer. The
Commission shall be authorized to establish charges or fees for the restricted use of any facility
or to make any phase of the recreation program wholly or partially self-sustaining. Any
employees who handle cash in the process of collection shall be bonded.
6.05. 105.05 Environmental Quality and Energy Commission
1. Commission Established
There is established an Environmental Quality and Energy Commission for the City.
12. Purpose
The Environmental Quality and Energy Commission is established to stimulate interest in and
to promote an awareness of environmental and energy concerns among citizens and
businesses of the City of Fridley;. It will to serve as a resource to the City in the conservation
and management of energy and the environment, including information on environmental
problems, laws, policies, and regulations of the county, metropolitan, state, and federal levels
to the extent of their effect on Fridley; and to advise the City Council, the City Manager, and
other appropriate City commissions on matters pertaining to conservation and management
of energy and the environment, including the review and recommendation of programs and
policies within the City.
23. Scope
(a)!The Environmental Quality and Energy Commission shall act as an advisory
commission to the Planning CommissionCouncil for continuous community planning
and development of the comprehensive City goals and policies. Any change in related
community planning and comprehensive City goals and policies must be reviewed by
the Planning Commission which will then make recommendations to the City Council.
(b)!The Environmental Quality and Energy Commission shall advise the City Council, after
a policy review by the Planning Commission, in the development of programs to give
increased effectiveness and direction on implementing established City goals and
policies, and recommend actions as needed relevant to the conservation and
management of environmental and energy resources.
(c)!The membership of the Environmental Quality and Energy Commission shall consist of
seven residents appointed by the City Council.
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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 1General ProvisionsTitle 6 Lands and Buildings
Title 2 Administration Title 7 Zoning
Title 3 Licensing Title 8 Franchises, Utilities and Right-of-Way
Title 4 Health, Safety and WelfareTitle 9 Public Ways and Places
Title 5 Public NuisanceAppendices
Chapter Information
Chapter Title:EthicsRecodification Liaisons:Melissa Moore, City Clerk;
Mikey Oman, Employee Resources Specialist; Becca
Hellegers, Employee Resources Director
Current Chapter Number:5New Chapter Number:106
Substantive Changes
Section NumberCurrent CodeProposed Changes
106.03This section directs the groups The proposed revisions include
required to comply with the chapter, removing references to former
including the Fridley City Council, advisory commissions and adds all
advisory commissions.City staff as a group required to
comply with the chapter. Upon
recommendation of theCity Attorney
the proposed revision removes the
Housing and Redevelopment
Authority (HRA) because the HRA is a
separate legal entity.
106.04subd. 1Requires that no person covered by Upon recommendation of the City
the chapter will participate in Attorney the proposed revision
discussion of orvote on any matter inreferences Minnesota Statue(M.S.)§§
which they have a financial interest.471.87 -471.88which prohibits
conflicts of interest.
106.04 former This section further elaborates on theThe proposed revision removes this
subd. 2original text in subd. 1.section as M.S. §§ 471.87 -471.88 are
adopted in subd. 1.
39
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RECODIFICATION REPORT
106.04 subd. 2This section requires anyone covered The proposed revision includes any
by the Chapter to not disclose any former officials, after leaving their role
confidential information without as a public official, may not disclose
proper authorization.any confidential information.
106.04 subd. 3Explicitly prohibits anyone covered by The proposed revision is more succinct
the Chapter from receiving any gifts and refers to very detailed and
from any parties.thorough laws established in M.S. §
471.895.
106.05Describes disclosure requirements by The proposed revision removes the
members of the City Council.requirements for those who file as a
candidate to become a member of the
City Council. The Minnesota
Constitution Article 7, Section 6, and
M.S. § 205.13 requires the City Clerk to
put any candidate on a ballot if they
are eligible to file an Affidavit of
Candidacy, regardless of any form
required by the City. Upon election as
a member of the Council, the
disclosure would be required.
106.06Upon recommendation of the City
Attorney, applicants for membership
to an advisory commission would be
required to submit a Public Disclosure
Form as part of their application for
appointment.
106.11Describes how the City may respond M.S. 466.07 requires the City to defend
to any violations of the Chapter.any public official for claims levied as
long as the official was acting within
the scopeof their employment or role.
The proposed revision includes a
requirement for anyone covered by
the Chapter to report any violations of
the Chapter to proper authorities.
Reviewed By
City ManagerDepartment Director
City AttorneyRecodification Liaison
Recodification Coordinating Group
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Fridley City Code
Chapter 5.106 Ethics
5.01. 106.01 Policy and DefinitionsPurpose
1. General Declaration of Policy.
It is necessary that all persons acting in the public service not only maintain high standards of
ethical conduct in their transaction of public business but that such standards be clearly defined
and known to the public, as well as to the persons acting in public service. In recognition of this
goal, there is hereby established a Code of Ethics for public officials, elected and appointed, and
for top level City employees. The purpose of this Code Chapter is to establish ethical standards of
conduct for such officials and City employees by setting forth those acts or actions that are
incompatible with the best interests of the City of Fridley (City) and by directing disclosure by such
persons of private, financial or other interests in matters affecting the City.
2. 106.02 Definitions
Financial Interest: Ownership of more than 10% of any of the following: (1) The outstanding
stock in a corporation; (2) An interest in a partnership, proprietorship, or other business entity;
or (3) An interest in real property. Financial interest shall apply to real or personal properties
owned by the person making the disclosure and by said person's spouse.
Personal Interest: Whenever a person required to make a disclosure under this Code of Ethics
Chapter shall be associated with a business as an employee, officer, director, trustee, partner,
advisor or consultant.
Top Level City Employees: the City Manager, the City Attorney, Ddepartment heads Directors,
City Clerk, Chief Building Official, and any other City employees designated by the City
Manager.
5.02.!106.03 Scope of Persons Covered
!
The provisions of this Chapter shall be applicable to all members of the Fridley City Council
(Council), and the following advisory bodies: Planning Commission, Community Development
Commission, Appeals Commission, Parks and Recreation Commission, Environmental Quality and
Energy Commission, Human Resources Commission, Cable Television Commission, Housing and
Redevelopment Authority and Energy Commission, and all employees of the City.
5.03.!106.04 Fair and Equal Treatment Standards of Conduct
1. Subject to the provisions of Section 5.03.2 no person covered by this Chapter shall
participate in the discussion of, or vote on, any issue in which he or she has any financial
interest. Also subject to Section 5.03.2, no top-level City employee shall recommend, advise,
or in any manner influence the vote of the City Council or an advisory body on any issue in
which he or she has a financial interest.Pursuant to Minnesota Statute (M.S.) § 471.87 an officer
of the City who is authorized to approve or administer any sale, lease, or contract shall not
41
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have a personal financial interest in that sale, lease, or contract, except those authorized by
M.S. § 471.88.
2.!No person covered by this Chapter shall take any official action with respect to a matter
in which he or she has a financial or personal interest, provided that participation in the
decision making process on his or her behalf as a private citizen shall not be proscribed by
this Chapter and provided further that he or she may participate in matters leading up to or
preliminary to official action to the extent that he or she disclosed any such direct financial or
personal interest as he or she may have in the same and to the extent that he or she has no
discretion to make a final controlling judgment or vote on the same. Disclosure of any such
financial or personal interest shall be made to the Council, commission, board or committee
of which the person is a member or, in the case of a top-level City employee, to the City
Manager, when the item appears on the agenda. Such disclosure shall be recorded in the
minutes and shall become a matter of public record.
32. No person covered by this Code of Ethics Chapter shall, without proper legal authorization,
disclose confidential information concerning the property, government or affairs of the City,
nor shall he or she use such information to advance the financial or other private interest of
any person. A former official shall not disclose or use any not public, privileged or proprietary
information gained by any reason of their office or employment.
43. No person covered by this Code of Ethics shall directly or indirectly solicit any gift or accept
or receive any gift of substance, whether in the form of money, services, loan, travel,
entertainment, hospitality, promise or any other form, under circumstances in which it could
be reasonably inferred that the gift was intended to influence him or her or could reasonably
be expected to influence him or her in the performance of official duties or was intended as a
reward for any official action on his or her part. The provisions of this Subdivision shall not
apply to political gifts that conform to the limitations prescribed by Minnesota Statutes for
said gifts. No person covered by this Chapter shall directly or indirectly receive any
compensation,
office, except as may be provided by law.
5. Except as specifically authorized by Section 471.88 of the Minnesota Statutes, no person
covered by this Code of Ethics who is authorized to take part in any manner in making any
sale, lease or contract in his or her official capacity shall have a direct financial interest in that
sale, lease or contract or personally benefit financially therefrom.
5.04. 106.05 Public Disclosure by City Council
1. Each member of the City Council shall file, as a public record in the office of the City Clerk,
a signed statement disclosing the following:
(a)!A list of the names of all business corporations, partnerships and other business
enterprises or governmental agencies doing business with the City of Fridley or located
within the City of Fridley:
(1)!with which he or she has they have a financial interest, or
42
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(2)!with which he or she has they have a personal interest;
(b)!A list of the non-homestead real property located within the City of Fridley in which he
or she currently has they have a financial interest;
(c)!A list of the non-homestead real property located within the City of Fridley in which he
or she they had a financial interest within the preceding three years;
(d)!A list of the names and nature of business, of all corporations, partnerships and other
business enterprises with which he or she hasthey have a financial interest and in which
he or shethey knows one or more other persons covered by this Code of Ethics
Chapter also have a financial interest in said enterprise. This list shall indicate the name
or names of such other person or person(s) having such interest in said enterprise.
2. Each person who files as a candidate to become a member of the City Council or is filed
as a candidate for City Council, at the time of filing as a candidate, shall file the disclosure
statement required by this Section.
32. Within 30 days after each anniversary date of an initial filing, each person required to make
such a filing under this Section shall file a new disclosure statement setting forth the
information required hereby as of the time of the new statement.
43. Material changes in financial interest or in positions held shall be disclosed by filing an
amended disclosure statement within 30 days after such interest is obtained or such changed
position occurs.
5.05. 106.06 Public Disclosure by Members of Advisory BodiesCommissions
1. Each member, and each applicant for membership of any advisory commission or
committee shall file, as a public record in the office of the City Clerk, a signed statement
disclosing the following:
(a)!A list of names of all business corporations, partnerships and other business
enterprises or governmental agencies doing business with the City of Fridley or located
within the City of Fridley:
(1)!with which he or she hasthey have a financial interest, or
(2)!with which he or she hasthey have a personal interest;
(b)!A list of the non-homestead real property located within the City of Fridley in which he
or she currently hasthey have a financial interest.
2. Each person who is appointed or reappointed to an advisory body which is included in this
Code of Ethics Chapter shall file the disclosure statement within thirty (30) days of such
appointment.
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3. Material changes in financial interest or in positions held shall be disclosed by filing an
amended disclosure statement within thirty (30) days after such interest is obtained or such
changed position occurs.
5.06. 106.07 Public Disclosure by Top Level City Employees, Except the City Attorney
1. The City Manager, department heads and other employees designated by the Manager,
except the City Attorney, shall annually file as a public record in the office of the City Clerk, a
signed statement disclosing the following information:
(a)!A list of names of all business corporations, partnerships and other business
enterprises or governmental agencies doing business with the City of Fridley or located
within the City of Fridley:
(1)!with which he or she has they have a financial interest, or
(2)!with which he or she has they have a personal interest.
(b)!A list of the non-homestead real property located within the City of Fridley in which he
or she currently has they have a financial interest;
(c)!A list of the names and nature of business, of all corporations, partnerships and other
business enterprises with which he or she has they have a financial interest and in
which he or she they know one or more other persons covered by this Code of Ethics
Chapter also having a financial interest in said enterprise. This list shall indicate the
name or names of such other person or person(s) having such interest in said
enterprise.
2. Each newly hired manager or department headtop level employee, except the City
Attorney, shall within 30 days of the hiring date and annually thereafter, file the disclosure
statement required by this Section.
3. Material changes in financial interest or in positions held shall be disclosed by filing an
amended disclosure statement within 30 days after such interest is obtained or such changed
position occurs.
5.07. 106.08 Public Disclosure by City Attorney
1. The City Attorney shall annually file, as a public record in the office of the City Clerk, a
signed statement disclosing the following information:
(a)!A list of names of all business corporations, governmental agencies, companies, firms
or partnerships and other business enterprises doing business with the City of Fridleyor
located within the City of Fridleyin which he or she hasthey have any financial interest,
except that clients of the City Attorney's private law practice shall be excluded from
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the list, provided that no other business relationship except that of attorney/client
exists;. and
(b)!A list of the non-homestead real property located within the City of Fridley in which he
or shethey currently has have a financial interest.
2. The City Attorney, or members of his or hertheir law firm, shall not appear before the City
Council, commission or committee for the purpose of representing any client, except the City
of Fridley or employees of the City of Fridley, when such latter representation is in connection
with their official duties as City employees.
3. Any person who is appointed or hired as City Attorney shall, within thirty (30) days of said
appointment, and annually thereafter, file the disclosure statement required by this Section.
4. Material changes in financial interest or in property holdings shall be disclosed by filing an
amended disclosure statement within thirty (30) days after such change occurs.
5.08.106.09 Exclusions
This Code of Ethics Chapter shall not be construed to require filing of information relating to any
person's connection with, or interest in, any professional society or any charitable, religious, social,
fraternal, recreational, public service, civic or political organization, or of any similar organization
not conducted as a business enterprise, nor shall disclosure be required hereby where prohibited
by professional or business association ethics promulgated by any State governmental agency.
5.09.106.10 Method of Filing
The City Manager shall inform each person required by the Code of Ethics this Chapter to file a
disclosure statement and the time and place for filing. The City Clerk shall prepare the necessary
forms for the disclosure statements. The City Manager shall make available to the City Council or
individual council members, copies of all disclosure statements filed within fourteen (14) days after
said filing. The City Manager shall notify the City Council whenever a person who is required by
this Chapter to file a disclosure fails to do so.
5.10.106.11 Violations
Any violation of the provisions of this Chapter is a misdemeanor and is subject to all penalties
provided for such violations under the provisions of Chapter 901 of the Fridley City Code. The City
An official
must report any conduct by other local officials that they believe violates this Chapter.
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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
ordinancesas they areintroduced 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 1General ProvisionsTitle 6 Lands and Buildings
Title 2 Administration Title 7 Zoning
Title 3 Licensing Title 8 Franchises, Utilities and Right-of-Way
Title 4 Health, Safety and WelfareTitle 9 Public Ways and Places
Title 5 Public NuisanceAppendices
Chapter Information
Chapter Title:Adoption by ReferenceRecodification Liaisons:Melissa Moore, City Clerk
Current Chapter Number:905New Chapter Number:N/A
Substantive Changes
Section NumberCurrent CodeProposed Changes
905.01The City may adopt state or federal Staff propose to remove this Chapter
laws or regulations by reference. This of the Code.Keeping hard copies of
section states the City will have any various rules, laws and regulations is
such referenced laws or regulations an outdated business practice.As a
on file at City Hall for the public to
reference. Service Standards, staff would provide
any such referenced law or regulation
to any member of the public upon
request.
Reviewed By
City ManagerDepartment Director
City AttorneyRecodification Liaison
Recodification Coordinating Group
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Fridley City Code
Chapter 905. Adoption by Reference
905.01. Requirement
Where codes, ordinances, rules or regulations have been adopted by reference in any section of
this Code, three (3) copies of such codes, ordinances, rules or regulations shall be filed by the
City Clerk in such Clerk's office for inspection and use by the public and each copy shall be
marked with the words "City of Fridley, Anoka County, Minnesota - Official Copy".
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AGENDA REPORT
Meeting Date:January 24, 2022 Meeting Type:City Council Conference Meeting
Submitted By:Paul Bolin, Assistant Executive Director -HRA
Title
Housing Improvement Area Innsbruck North Townhome Association
Background
In the middle of 2017, the Innsbruck North Townhome Association (INTA) started inquiring about the
potential of having the City establish a Housing Improvement Area (HIA) to finance common area
improvements needed in their development. In early 2021, the INTA submitted a preliminary application,
and in November of 2021,submitted a complete application along with the petition and signatures
needed to move their request forward.
From previous work sessions, the Council is aware that MN State Statutes prescribe asomewhat
complicated process for the creation of the financing tool. As preparation for the January 24 work
session, this memorandum provides a brief overview of Housing Improvement Areas supplemented with
rd to presenting more information toCouncil.
What is a Housing Improvement Area?
In 1996, the Minnesota State Legislature adopted Statutes 428A.11 428A.21 to provide cities with a
means of assisting common interest communities (CIC) with financing improvements to common areas.
A Housing Improvement Area is a designated portion of the City in which housing improvements are
financed with public funds. The public financing is then repaid through fees imposed against the
benefitting housing units, in the form of a fee that gets paid yearly with their taxes. The process is similar
to collecting special assessments.
Appropriate capital improvements, according to the law, include any common elements of the property
ciations which do not have an adequate reserve fund to
finance improvements themselves.
In the case of INTA, the improvements include:
Recreation Center improvements, including but not limited to HVAC work; exterior renovation;
interior renovation; roof replacement, including gutters, downspouts and garage roof; replacement
of windows and doors; pool improvements; handrail improvements.
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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Property site and utility improvements, including but not limited to street, curb and gutter and
driveway improvements and replacement; gutter and garage apron replacement; replacement of
sanitary sewer, water and storm sewer mains; replacement of individual water and sewer lines;
correct drainage issues; replace retaining walls; replace paths sidewalks and steps; replace light
poles, replace pedestal mailboxes; replacement of street and building signs; trash enclosure
improvements; playground replacement.
The Statutes prescribe how HIAs need to be created by the City Council through the adoption of an
ordinance. The C
What are the steps to creating the HIA?
To create a HIA, a completed application and petition requesting a public hearing must be presented to
the City Clerk, containing the signatures of at least 60% of the affected property owners. INTA submitted
a petition with signatures from 75% of the owners.
Before adopting the ordinance creating the HIA, the City must hold a public hearing at which the
proposed improvements, proposed fees, affected housing units, and the exempt units are listed. This
public hearing is currently scheduled for the February 14 City Council meeting. Affected property owners
may testify at the February 14 hearing.
The ordinance creating the HIA must be adopted within six months of the public hearing. The first
reading of the ordinance is set for February 14 and the second reading of the ordinance is set for
February 28. During the 45 days after the second reading of the ordinance, ending April 19, there is a
.,
the HIA cannot be established (see timeline below).
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
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As part of the application and required by statute, INTA developed a long-term plan to maintain the
complex. The plan addressed operations, maintenance, and necessary capital improvements of the
common elements and identified financing for the projects. The association also submitted a financial
plan, prepared by an independent third party. An audited financial plan will be submitted annually, after
implementation.
What are the project costs and anticipated bond amount and process?
The construction costs are approximately $5.6 million. INTA has secured a short-term construction loan
for the project, and the City will issue taxable general obligation bonds in October/November this year
to pay off the construction loan. The anticipated bond amount is $6.055 million, which is approximately
$447,000 more than the construction costs and includes bond issuance costs, City administrative fees,
City soft costs for legal and financial and 6 months of capitalized interest. Interest on the bonds is
anticipated to be approximately 4.22%. Based upon this bond amount and interest rate, the fee to be
levied to the homeowners to repay the bond will be shared equally among the housing units pursuant
to their association documents. The fee to be charged against each housing unit is estimated to be
approximately $21,472. Homeowners will have until July 1, 2022, to prepay the fee, which will reduce
the amount to be bonded for. If homeowners do not prepay by this date, the amount will be sent to the
County for certification in late November and assessed starting in 2023 over the term set forth in the
ordinance, which is 20 years. There is no option to pay off the amount in full after the ordinance goes
into effect. Based upon discussions with INTA, they are not anticipating any homeowner prepaying the
assessment.
What is the risk to the City in issuing the bonds?
The risk to the City is minimal. The bonds are repaid by fees levied against the unit and paid as part of
the annual property tax payments, just like special assessments. In addition, the interest charged on the
bonds is 100 basis points above the True Interest Cost on the bonds and the overall fees to be paid are
levied at 105% of annual debt service cost. This provides coverage on the bonds for the debt services
payments and will start to build a reserve in the bond fund in case of late payments, etc. As part of the
approval process, the City and INTA will enter into a development agreement which will outline many
things including repayment of the bonds. The document will have provisions that if the assessments
received are not adequate to make principal and interest payments on the bonds, then INTA has to
provide the City whatever amount the payments were short by. It should be noted that communities
that have utilized this financing mechanism have not had issues with collecting adequate assessments
annually to make the debt service payments.
CONCLUSION:
City Staff and Stacie Kvilvang, from Ehlers Associates, will provide a short presentation and be happy to
answer any questions the City Council may have on January 24.
Vision Statement
We believe Fridley will be a safe, vibrant, friendly and stable home for families and businesses.
4: