Res 2018-24 Scheduling PH for Chapter 8RESOLUTION NO. 2018 - 24
A RESOLUTION SCHEDULING A PUBLIC HEARING ON JUNE 25, 2018, ON A
PROPOSED AMENDMENT TO FRIDLEY CITY CHARTER CHAPTER 8. PUBLIC
IMPROVEMENTS AND SPECIAL ASSESSMENTS AND DIRECTING PUBLICATION
OF THE TEXT OF THE ORDINANCE IN FULL
WHEREAS, Minnesota Statute, Section 410.12, Subd. 7 allows for an amendment by ordinance
upon recommendation of the City Charter Commission; and
WHEREAS, the Fridley City Charter Commission reviewed, discussed and recommended an
amendment by ordinance to Chapter 8. Public Improvements and Special Assessments on May 7,
2018; and
WHEREAS, the City Council was provided a copy of the proposed amendment on May 24,
2018; and
WHEREAS, within one month of receiving a recommendation to amend the charter by
ordinance, the city must publish notice of a public hearing on the proposal and the notice must
contain the text of the proposed amendment.
NOW THEREFORE BE IT RESOLVED that a public hearing shall be scheduled for Monday,
June 25, 2018, in the Council Chambers of the Fridley Municipal Center, 6431 University
Avenue NE, Fridley, Minnesota, at 7:00 p.m.; and
BE IT FURTHER RESOLVED that the City Council directs the city clerk to publish the text of
the proposed ordinance, shown in Exhibit A, in full at least two weeks but not more than one
month before the public hearing in City's Official Newspaper.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
29TH DAY OF MAY, 2018.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
Fxhihit A
ORDINANCE NO.
AN ORDINANCE AMENDING FRIDLEY CITY CHARTER CHAPTER 8. PUBLIC
IMPROVEMENTS AND SPECIAL ASSESSMENTS
The Fridley City Charter has completed its review of Chapter 8 and has recommended an
amendment of the City Charter by Ordinance to the City Council on May 7, 2018.
The Fridley City Council hereby finds after review, examination and recommendation of the
Charter Commission that Fridley City Charter Chapter 8 related to public improvements and special
assessments should be hereby amended and ordains as follows:
FRIDLEY CITY CHARTER
CHAPTER 8. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS
Section 8.01. THE CITY PLAN.
The present zoning and comprehensive plans shall be the plans for future physical development of
the City. Plans may be altered from time to time. To alter a zoning plan, the City Council shall
hold a public hearing and notice published fourteen (14) days prior to hearing with notices sent to
affected property owners. The comprehensive plan may be altered in accordance with Minnesota
state law. It The plans may include provisions for:
• zonmg;
• platting and development of new areas;
• planning and location of public works of art;
• public buildings;
• parks;
• playgrounds;
• bridges;
• public transportation services and facilities;
• other public facilities;
• designing and improving streets;
• designing and improving public places; and
• other matters which may seem essential to the City plan.
Section 8.02. ENFORCEMENT OF CITY PLAN.
The Council shall have all neeessaFy r,,we full authority, acting through the City Manager, to
enforce complete adherence by all pef!se s to the plans adopted as provided above, and to adopt and
enforce a comprehensive zoning ordinance. The Council shall have r,,wef pass ordinances to
regulate:
• the use of private property,;
• the height of buildings,;
Ord No.
• an&the proportion of the area of any lot which may be built upon; and
• to establish building lines.
Such power authority shall be exercised to promote public health, safety, morals, welfare and
convenience.
Section 8.03. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS.
The City shall have the power authority to make any and every type of public improvement not
forbidden by the laws of the State and to levy special assessments to pay for all such improvements
as are of a local character, in accordance with Minnesota State Statute Chapter 429, Local
Improvements, Special Assessments. The amounts assessed to benefited property to pay for such
local improvements may equal the cost of the improvements, including all costs and expenses
connected therewith, with interest, until paid, but shall not exceed the benefits to the property.
Section 8.04. LOCAL IMPROVEMENT REGULATIONS.
The City Council may prepare and adopt a comprehensive ordinance, prescribing the procedure
which shall determine all matters pertaining to the making of local improvements thereafter, and
such ordinance shall supplant supercede all other provisions of law on the same subject and may be
amended only by an affirmative vote of at least four (4) members of the City Council. Such
ordinance shall provide for such notice and hearing in the ordering of improvements and the making
of assessments therefore as shall be necessary to meet the state of Minnesota constitutional
requirements "to levy and collect assessments for the initiation of local improvements upon property
benefited thereby" .
a-pfopefnotieand -heafing. (Ref Of!d.T6) Such ordinance shall allow for initiation of a local
improvement by:
1. a petition signed by a majority of the owners bordering the proposed improvement; or
2. by the city council initiating a local improvement and ordering a feasibility report.
Section 8.05. PUBLIC WORKS HOW PERFORMED.
Public works including all local improvements; may be constructed, extended, repaired or
maintained either by contract or directly by day labor. Before receiving bids the City
Manager shall, under the direction of the City Council, have suitable plans and
specifications prepared for the proposed material or project and estimate of the cost thereof
in detail. The award of any contract shall not exceed the real measure of benefit which is the
increase in the market value of the land because of the improvement.
depaftment with suitable
Ord No.
2. The right is reserved to the City Council, upon the recommendation of an engineer; acting
through the public works department, to bid on any work to be let by contract. All contracts
shall be let to the lowest responsible bidder who is qualified in accordance with Minnesota
State Statutes. The term "lowest responsible bidder" shall be interpreted as giving the City
Council the right to accept any bid which it determines to be most advantageous to the
City. The City Council shall reserve the right to reject any or all bids in accordance with
Minnesota State Statute Chapter 429. The City shall require contractors to furnish proper
bonds for the protection of the City, the employees and materia' parser in accordance with
Minnesota state law.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 72018.
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
Public Hearing:
First Reading:
Second Reading:
Publication Date: