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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 Rate Information: (1)Lowest classified rate paid by commercial users for comparable space: $25.40 per column inch Ad ID 858881