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Ordinance No. 1310 12-02-2013 ORDINANCE NO. 1310 AN ORDINANCE AMENDING THE FRIDLEY HOME RULE CHARTER, CHAPTER 7. TAXATION AND FINANCES, CHAPTER 8. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS, CHAPTER 11. PUBLIC OWNERSHIP AND OPERATION OF UTILITIES, AND CHAPTER 12. MISCELLANEOUS PROVISIONS After consideration and recommendation of the Fridley Charter Commission, the Fridley City Council hereby ordains, after findings, review, and examination, that the Fridley Home Rule Charter be hereby amended as follows: SECTION 1: THAT CHAPTER 7 OF THE FRIDLEY HOME RULE CHARTER BE HEREBY AMENDED AS FOLLOWS: CHAPTER 7. TAXATION AND FINANCES SECTION 7.02. . 1. The City shall have, in addition to the powers by this Charter expressly or impliedly granted, all powers to raise money by taxation pursuant to the laws of the State which are applicable to cities of the class of which it may be a member from time to time, provided that the amount of taxes levied against real and personal property within the City for general City purposes shall not exceed in dollars, a tax levy that is greater than the prior year tax levy increased by an inflationary index, or 5%, whichever is least less. Said inflationary index shall be that as defined by the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index for all Urban Consumers in the Minneapolis, St. Paul metropolitan area. SECTION 2: THAT CHAPTER 8 OF THE FRIDLEY HOME RULE CHARTER BE HEREBY AMENDED AS FOLLOWS: 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 nNotice shall be published fourteen (14) days prior to said : hearing with notices sent to affected property owners. It may include provisions for zoning, for the platting and development of new areas, for the planning and location of public works of art, transportation lines public buildings, parks, playgrounds, bridges, . and other public facilities, and for laying out, improving streets and public places as well as all other matters which may seem essential to such a plan  zoning;  platting and development of new areas; Ordinance No. 1310 Page 2  planning and location of public works of art;  public buildings;  parks;  playgrounds;  bridges;  public transportation services and facilities;  other public facilties;  designing and improving streets  designing and improving public places  other matters which may seem essential to the City plan. 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 amounting to more than fifty thousand dollars ($50,000) 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 under competent supervision and provided the department with suitable equipment. SECTION 3: THAT CHAPTER 11 OF THE FRIDLEY HOME RULE CHARTER BE HEREBY AMENDED AS FOLLOWS: CHAPTER 11. PUBLIC OWNERSHIP AND OPERATION OF UTILITIES Section 11.04. CITY TO PAY FOR SERVICES The Council shall make a reasonable charges, based on the cost of service, for lighting the streets and public buildings, or for supplying heat, power or any other utility, and reasonable charges for , supplying the City with water. and The City shall credit the same to the publicly owned utility supplying the service. Such rentals and other charges for light, heat, power, water and other services shall be collected in the same manner as from other consumers, unless the Council provides some other plan. Section 11.08. COMMISSION AT DISCRETION OF COUNCIL The City Council may establish a public utilities commission as defined and authorized by state law. The commission’s membership, organization, rules and regulations, officers, salary, jurisdiction, powers, disbursements, reports and abolition of the commission will be at the discretion of the Council by a majority shall require an affirmative vote of at least four (4) members of the City Council. Ordinance No. 1310 Page 3 SECTION 4: THAT CHAPTER 12 OF THE FRIDLEY HOME RULE CHARTER BE HEREBY AMENDED AS FOLLOWS: CHAPTER 12. INITIATIVE, REFERENDUM AND RECALL Section 12.01. OFFICIAL PUBLICATIONS The Council shall regulate by ordinance, subject to the requirements of this Charter, the manner in which official publicity shall be given to the holding of elections, ordinances, resolutions, requests for bids upon contemplated purchases and contracts, and all other matters whatsoever which require publication either by the provisions of this Charter or by the laws of Minnesota. It shall annually designate a legal newspaper of general circulation in the City as the official newspaper in which shall be published such measures and matters as are by the laws of this State and this Charter required to be so published, and such other matters as the Council may deem it advisable and in the public interest to have published in this manner. The Council may in At its discretion, in addition to the publications required by this Charter, the City Council may also provide for the publication of important city information including but not . limited tothe annual budget, ordinances, and resolutions election notices, and such other measures and matters as it may deem wise. It shall be done Such publication may be done by mailing or posting of typewritten, mimeographed or printed copies thereof upon bulletin boards located in public places of the City in such number and for such period of time as the Council may direct in . each case. In addition, the city council may use electronic means for publication Nothing herein contained shall be construed as authorizing or attempting to authorize any violation of the Constitution or the Statutes of the State in any matter which is of State concern or which is exclusively under State control. Section 12.02. PUBLICITY OF RECORDS. All records and accounts of every office, department or agency of the City shall be open to inspection by any citizen, any representative of a citizens' organization or any representative of the press at all reasonable times and under reasonable regulations established by the City Manager and approved by the City Council, except records and documents the disclosure of which would tend to defeat the lawful purpose which they are intended to accomplish in accordance with the Minnesota Government Data Practices Act. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS ND 2 DAY OF DECEMBER 2013. ________________________________ SCOTT J. LUND, MAYOR ATTEST: ____________________________ DEBRA A. SKOGEN, CITY CLERK Public Hearing: June 28, 2010; October 28, 2013 First Reading: November 18, 2013 Second Reading: December 2, 2013 Publication: December 12, 2013