Loading...
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: