Ordinance No. 1357 09-10-2018
ORDINANCE NO. 1357
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 with notice published fourteen (14) at least ten (10) days, but not more than thirty
(30), days prior to the date of the 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:
zoning;
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.
Ordinance No. 1357 Page 2
Section 8.02. ENFORCEMENT OF CITY PLAN.
The Council shall have all necessary power full authority, acting through the City Manager, to enforce
complete adherence by all persons to the plans adopted as provided above, and to adopt and enforce
a comprehensive zoning ordinance. The Council shall have power to pass ordinances to regulate:
the use of private property,;
the height of buildings,;
and 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” .Such ordinance shall also require a petition of a majority in number and interest of the
owners of property to be assessed for such improvement, or improvements, for the initiation thereof;
provided that the City Council may proceed upon its own initiative hereunder and under such
ordinance by resolution adopted by four/fifths (4/5) affirmative votes of the City Council after a
proper notice and hearing. (Ref. Ord. 776) 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.
Ordinance No. 1357 Page 3
Section 8.05. PUBLIC WORKS HOW PERFORMED.
1.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. amounting to more than what is allowable
under Minnesota state statutes shall require an affirmative vote of at least four (4) members
of the City Council. When the best interest of the City will be served thereby, the City Council
may organize a public works department and provide the department with suitable equipment.
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 material person.in accordance with Minnesota state
law.
TH
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 10
DAY OF SEPTEMBER 2018.
_______________________
Scott J. Lund, Mayor
ATTEST:
_______________________
Debra A. Skogen, City Clerk
Public Hearing: June 25, 2018
First Reading: July 9, 2018
Second Reading: September 10, 2018
Publication Date: September 21, 2018
SUMMARY ORDINANCE NO. ____
AN ORDINANCE AMENDING FRIDLEY CITY CHARTER CHAPTER 8. PUBLIC
IMPROVEMENTS AND SPECIAL ASSESSMENTS
I.Title
An ordinance of the City of Fridley, Minnesota, amending the Fridley City Charter Chapter 8
entitled Public Improvements and Special Assessments.
II.Summary
The City Council of the City of Fridley does hereby ordain as follows:
That Fridley City Charter Chapter 8 be amended to provide information on how the comprehensive
plan may be amended, changing the number of days required for a public hearing notice to be
published for zoning to make it consistent with the Fridley City Code and to clarify and update the
language of this chapter.
III. Notice
This title and summary has been published to clearly inform the public of the intent and effect of
the Fridley City Code. A copy of the ordinance, in its entirety, is available for inspection by any
person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431
University Ave N.E., Fridley, MN.
TH
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 10
DAY OF SEPTEMBER 2018.
________________________________
SCOTT J. LUND, MAYOR
ATTEST:
____________________________
DEBRA A. SKOGEN, CITY CLERK
First Reading: July 9, 2018
Second Reading: September 10, 2018
Published: September 21, 2018
AFFIDAVIT OF PUBLICATION CITY OF FRIDLEY
(Legal Notice)
STATE OF MINNESOTA ) ORDINANCE NO.1357
ss AN ORDINANCE
COUNTY OF ANOKA AMENDING FRIDLEY CITY
CHARTER CHAPTER 8.
Darlene MacPherson being duly sworn on an PUBLIC IMPROVEMENTS
oath, states or affirms that he/she is the AND SPECIAL
Publisher's Designated Agent of the ASSESSMENTS
� g news Pa- I.Title
per(s)known as: An ordinance of the City of Frid-
ley,Minnesota,amending the Frid-
SF Columbia Heights/Fridley ley City Charter Chapter 8 entitled
Public Improvements and Special
Assessments.
with the known office of issue being located ll.Summary
in the county of: The City Council of the City
ANOKA of Fridley does hereby ordain as
with additional circulation in the counties of: follows: That Fridley City Charter
Chapter 8 be amended to provide
ANOKA information on how the compre-
and has full knowledge of the facts stated hensive plan may be amended,
below: changing the number of days re-
(A The newspaper has com lied with all of toured for a public nearing notice
) P to be published for zoning to make
the requirements constituting qualifica- it consistent with the Fridley City
tion as a qualified newspaper as provided Code and to clarify and update the
by Minn.Stat.§331A.02. language of this chapter.
(B This Public Notice was printed and pub- III'Not ce
) P P This title and summary has been
fished in said newspaper(s) once each published to clearly inform the pub-
week, for 1 successive week(s); the first lic of the intent and effect of the
insertion being on 09/21/2018 and the last Fridley City Code.A copy of the or-
dinance,being in its entirety, is available
g for inspection by any person during
regular business hours at the offic-
MORTGAGE FORECLOSURE NOTICES es of the City Clerk of the City of
Pursuant to Minnesota Stat. §580.033 Fridley, 6431 University Ave N.E.,
to the publication of mortgage Fridley,MN.
relating PPASSED AND ADOPTED BY
foreclosure notices: The newspaper complies THE CITY COUNCIL OF THE CITY
with the conditions described in §580.033, OF FRIDLEY THIS 10TH DAY OF
subd. 1, clause (1) or(2). If the newspaper's SEPTEMBER 2018.
SCOTT J.LUND
known office of issue is located in a county MAYOR
adjoining the county where the mortgaged ATTEST:DEBRA A.SKOGEN CITY
premises or some part of the mortgaged CLERK
premises described in the notice are located, Published the
Columbia Hgt-Fridley Sun Focus
a substantial portion of the newspaper's September 21,2018
circulation is in the latter county. 858881
By: ►/ ► l D L �f' ,�
Designated Agent
Subscribed and sworn to or affirmed before
me on 09/21/2018 by Darlene MacPherson.
Notary Public
" t RAYMOND A CAMARSE
NOTARY PUBLIC MINNESOTA
My Commission Expires Jan 31 2023
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