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CHA 02/26/2001 f,. TO: Charter Commission Members FROM: Deb Skogen, City Clerk and Staff Liaison Date: February 23, 2001 CI1YOF Re: February Charter Commission Meeting FRIDLEY The next Charter Commission meeting will be held on Monday,February 26, 2001 at 7:00 p.m. in Meeting Room 1 of the Lower Level of City Hall. Enclosed you will find information pertaining to public improvements and contracts. I have included the information from the League of Minnesota Cities Bulletin from last year regarding the change in state law and contracts,the memo from John Flora with his suggested changes and copies of a few other city charters for your reference. I have contacted the Law Clerk for Chief District Court Judge Joseph Quinn to find out the status of the appointments and re-appointments of commissioners. Unfortunately they had not received the letters that were mailed to them. I did fax a copy of the two letters and the Law Clerk said they would try to expedite the matter by Monday for us. All new appointed Commissioners t•-■, should plan to attend this meeting. Commissioner Char Fitzpatrick is staying with her son due to a mishap with her leg. She had to have surgery just after the first of the year due to complications from the previous surgery. She sends her greetings to everyone. The City Council has scheduled a public hearing on the charter amendment for March 5, 2001 during their regular city council meeting. An article was placed in the February City Newsletter that was recently mailed out If you have any questions regarding this meeting,please let me know as soon as possible. In addition,please contact me at(763) 572-3523 if you cannot attend the meeting. I have voice mail so please feel free to call anytime and leave a message if I am not available. CITY OF FRIDLEY CHARTER COMMISSION AGENDA MONDAY, FEBRUARY 26, 2001 7:00 P.M. LOCATION: Fridley Municipal Center Meeting Room 1 (Lower Level) CALL TO ORDER: ROLL CALL: APPROVAL OF AGENDA: APPROVAL OF MINUTES January 29,2001 1. Administrative Matters A. Report of Nominating Committee 2. Discussion of Chapter 8-Public Improvements and Special Assessments 3. Discussion of Chapter 9-Eminent Domain 4. Consideration of items for future discussion ADJOURNMENT Next regular meeting: March 26,2001 at 7:00 p.m. CITY OF FRIDLEY CHARTER COMMISSION MEETING January 29,2001 CALL TO ORDER: Chairperson Warren called the Charter Commission meeting to order at 7:20 p.m. ROLL CALL: Members Present: Suzanne Warren,Craig Gordon,Bill Holm,Maynard Nielsen,Francis VanDan Members Absent:, Don Findell,Char Fitzpatrick,Deborah Monden,Regina Querimit,Cindy Soule Others Present: Deb Skogen,City Clerk/Staff Liaison Nancy Jorgenson,Fritz Knaak,Rick Pribyl,Gregg Pettersen,Lana Freeburg,Quentin Freeburg,Pete Eisensimmer APPROVAL OF NOVEMBER 27,2000,CHARTER COMMISSION MINUTES: MOTION by Commissioner Gordon seconded by Commissioner Nielsen to approve the November 27,2000, Charter Commission Minutes as written. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON WARREN DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF AGENDA: MOTION by Commissioner Gordon seconded by Commissioner Holm to approve the agenda. Chairperson Warren requested that the Administrative Matters be placed at the end of the agenda to allow discussion of the proposed ordinance which would clarify the language of the voter approved amendment to Chapter 7 of the Charter. Commissioner Gordon accepted the request and UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON WARREN DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. DISCUSSION OF CHARTER AMENDMENT TO CHAPTER 7 Nancy Jorgen said that after discussing an issue on special assessments with a resident and discussion with the city council and city attorney it appeared there may be problems in how the voter approved amendment dealt with fees. Upon reviewing the State Statutes and City Charter there appeared to be no definition on discretionary fees. She discussed the matter with Gregg Pettersen after the election and suggested it might be a good idea to put a group together to work to clarify the voter approved amendment. A group was put together representative of petition circulators,charter commission members,the city attorney and the city fmance director. Ms.Jorgenson said after four meetings the Ad Hoc Work Group came up with language everyone was comfortable with. The petition circulators met with their committee to see if there were any other concerns and the issue was sent to the Charter Commission for their review in the hopes that it would be forwarded to the City Council for adoption. She described how one resident didn't feel they should pay for a special assessment because they do not want a concrete curb and gutter and that it may be such that he may decided to take the city to court to resolve the matter. The mission of the Ad Hoc Work Group was to fmd a way for the city to operate as efficiently and effectively as it could. DRAFT CHARTER COMMISSION MEETING OF JANUARY 29,2001 PAGE 2 Chairperson Warren asked how Ms.Jorgenson would summarize the four meetings. Ms Jorgenson said the meetings were very positive. She said the group developed a trust level where no one was right and no one was wrong and worked together to develop the proposed language in the best interest of the city. She thought most everyone that participated was comfortable with the proposed language clarifications and that the group worked very well. Gregg Pettersen said a group of people who circulated the petition and who voted yes on the amendment met on Saturday to discuss the proposed charter amendment. He said most everyone was comfortable with the proposed language,a few were still concerned that there be no loop holes in the language. He felt they had done the best job they could and there comes a time when you have to trust your elected officials to do the right things. Commissioner Van Dan expressed the concern as to how much autonomy the HRA had and whether or not the city had authority over them. Commissioner Van Dan had spoken with Larry Commers who felt the HRA was autonomous from the city and could market their own bonds if necessary. Commissioner Van Dan had discussed the state statutes with Mr.Pettersen and it appeared that it was really not defined in state statute and that there really wasn't a way of liquidating the HRA or removing or impeaching current members. Mr.Pettersen wondered to what degree and manner the fmancial obligations of the HRA were segregated or integrated into the city. Fritz Knaak,City Attorney,said the HRA had taken the position that the voter approved amendment did not affect the HRA. Mr.Knaak said he did not agree with that opinion and felt the two were linked and there were serious questions and issues. He felt the proposed ordinance clarifying the voter approved amendment would help avoid lawsuit. Mr.Pettersen said the circulators were trying to place tax limitations and control the rate of growth upon local government while protecting the bond rating and not to place an undue hardship on the city or BRA. There was a discussion on bonds and how they are let and what would happen if a company closed down and failed to keep their financial obligations. Mr.Pettersen wondered if there were other areas in the charter that could possibly be amended to reflect some of the concerns. Mr.Knaak said that they should resist changing any other parts of the city charter at this time as that would be a substantive change to the charter. He said they were only trying to clarify the voter approved amendment at this time and not to change. Commissioner Gordon asked if there were any loopholes that hadn't been changed. Mr.Knaak said that was not their mission in the committee but felt the clarifying language should resolve those kinds of issues. Chairperson Warren asked Mr.Knaak if he was comfortable with the proposed ordinance. Mr.Knaak noted that the ordinance clarified the language of the voter approved amendment. Mr.Pettersen noted the voter approved amendment was written very tight and restrictive on the city and that some areas of change which might create problems for the city that may have been unintended. He was concerned that if the city spent all of its reserves and had to meet general obligations they could raise the required revenue without going to the voters. He again noted that sometimes you have to trust the elected officials will do the right thing. Ms.Jorgenson said there was accountability of the city officials during the budget process and annual Board of Review and that if the voters didn't like what was happening they were given the option every other year of electing new officials. Mr.Pettersen wondered if the following language, "and for which fees are already being charged"should be included in paragraph 3B regarding new fees. Mr.Knaak said if the Charter Commission wanted to amend that DRAFT CHARTER COMMISSION MEETING OF JANUARY 29,2001 PAGE 3 language they could and it might be appropriate,but he preferred to leave the language as it was intended at this time. There was a discussion about going back to the Ad Hoc Work Group to determine what their thoughts might be. If this were done it take more time before it could get to the Council and could impact some decisions the council might make earlier in the spring. Commissioner Van Dan was concerned the city might create a new license to create revenue,such as require a city bicycle license in addition to the state license. She understood there were two types of charges,one for archival and personnel expenses for city reimbursement and the other was for a service,her example that of snowplowing. Commissioner Van Dan suggested that the city could decide it did not want to provide snowplowing services any more as part of its budget and would start charging homeowners for that service if they wanted their streets plowed. Mr.Knaak explained that would be a new tax or fee and that issue would have to go to the voters. He thought it was bad policy and felt that the citizens would most likely prevent that from occurring. Commissioner Van Dan said fuel charges were going to continue to increase and may get too expensive for the city to pay for it. Commissioner Van Dan felt in that case they would have to go to the taxpayers,and did not want to see an abuse of the system. After further discussion there appeared to be consensus that the proposed ordinance would prevent that example from happening. Commissioner Gordon MOVED and Commissioner Holm seconded a motion to forward the proposed clarifying amendment in ordinance format to the City Council as written,with the exception of not striking reference to Section 7.08 in the last paragraph,if the Charter Commission attorney concurs with the proposed ordinance. Commissioner Holm thought it would be a good idea if a member of the Charter Commission and a member of the Petition Group could present this proposed ordinance to the City Council. There was a discussion about whether or not to send out an information letter regarding the proposed clarification amendment and if information was sent,who it would be sent to. Mr.Knaak suggested that it be handled in the same way other amendments had been handled in the past so that a precedent was not set,and that the notice be published in the official newspaper and posted publicly as required by state statute and city charter. Pete Eisenzimmer was concerned that everyone be treated fairly and pointed to the Pawn Shop and Junk Yard business licenses. Ms. Skogen asked a question as to why these two types of businesses were treated differently than the other business licenses. It was explained that due to the type of businesses they were,with possible ground contamination clean-up or with the investigative type nature of the pawn shop that they were addressed separately. Commissioner Gordon called for the question. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON WARREN DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. ADMINISTRATIVE MATTERS Commissioner Gordon MOVED and Commissioner Nielsen seconded a motion to recommend to the Chief Judge the appointment of Scott"Harry"Heck and Carter Hendricks to the Charter Commission and to recommend the reappointment of Commissioners Findell,Gordon,Soule and Van Dan for their second term. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON WARREN DECLARED THE MOTION CARRIED UNANIMOUSLY. Commissioner Gordon MOVED and Chairperson Warren seconded a motion appointing Commissioners Van Dan, Holm and Nielsen to the Nominating Committee to prepare a report for the next Charter meeting. DRAFT CHARTER COMMISSION MEETING OF JANUARY 29,2001 PAGE 4 UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON WARREN DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURNMENT: MOTION by Commissioner Gordon seconded by Commissioner Holm to table items 3 and 4 for the next meeting and to adjourn the meeting. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON WARREN DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 9:03 P.M. Respectfully submitted, Debra A. Skogen City Clerk/Staff Liaison DRAFT LEAGUE OF MN CITIES BULLETIN ❑ Craig Ellestad 11-7\-7 o Jim Erickson mc ❑ Al Folie a , ❑ Ed Heroin League of Minnesota Cities el tie ❑ Rick Pribyl Cities promoting excellence ❑ Julie Vogel Number 18 Return to Deb Skogen to retain for 1 year for reference. New law focus: Special assessment, competitive bid, and misdemeanor fine changes Gary Carlson,Andrea Stearns, Remi Stone Although the Legislature adjourned improvement notice to contain a not be subject to the municippl only two weeks ago,we have received parcel-specific estimate of the impact biddin1 law,for contracts entered numerous questions regarding changes of the proposed assessment.The League into,bids let,or purchases made to Minnesota laws.Beginning with worked with the authors of the legisla- and$35,000 or$50,000 depend- this edition of the Bulletin,we will tion,Rep. Loren Jennings (DFL-Harris) ing upon their population. Under highlight new laws that will impact and Sen.Twyla Ring (DFL-North the new law,cities under 2,500 municipal operations. Branch) to modify the requirement to population will have a competitive allow an estimate to be provided at the bid threshold of$35,000.Cities over ""ecial assessment changes hearing. 2,500 will operate with a$50,000 Silo a he 2000 omnibus tax bill (Minnesota The requirements are effective for threshold. The current threshold of Session Laws 2000, Chapter 490) mailed notices and hearings held June $25,000 is law through July 31, contains a change to the special 1,2000,and thereafter. If you mailed 2000, and cities must operate under assessment improvement notice and a an improvement notice prior to June 1 the current law until Aug. 1,2000. requirement for additional informa- without the notice,you do not need to Last year,a similar bill was tion that must be available at the re-notice the potentially affected vetoed by the governor based upon improvement hearing. property owners.However,if the his concerns that the$50,000 Under the new law,the improve- hearing is scheduled to be held on or threshold was too big of an increase ment notice is required to contain a after June 1,you should be prepared to for the state's smallest cities statement that"a reasonable estimate provide a reasonable estimate of the The law includes two other of the impact of the assessment will be impact on property owners at the provisions.Cities and counties may available at the hearing."The law goes hearing. contract for the purchase of supplies, on to require"a reasonable estimate materials,or equipment without of the total amount to be assessed,and Competitive bid law modifications regard to the competitive bidding a description of the methodology used Changes to the municipal competitive requirements if the purchase is to calculate individual assessments for bidding law take effect Aug. 1,2000. through a national municipal affected parcels, must be available at The governor signed into law Chapter association's purchasing alliance or the hearing?' 328,a bill that increases the competi- cooperative created by a joint The original proposed legislation rive bid threshold for cities and coun- powers agreement that purchases would have required the mailed ties.Starting Aug. 1,2000,cities will items from more than one source on I the basis of competitive bids or Inside: competitive quotations. The law also allows a county /"N• 2000 Law Summaries, page LS 1. board to authorize the use of a Op • 2001 City Aid Estimates, page CA 1. credit card by any county officer or employee otherwise authorized to The June 14 issue of the Bulletin will not be published due to LMC's Continued page 3 Annual Conference. Look for the next issue on June 21. EPA=sets sights on arsenic in drinking water ni Stone The Environmental Protection new standard could cost households found arsenic in drinking water Agency (EPA) has proposed a goal to between $25 and$100 per year for causes bladder,lung and skin cancer, reduce the arsenic allowed in drinking improving systems.If the lower and may cause kidney and liver water to one-tenth the current standard standard is adopted,drinking water cancer.The current standard of 50 in an effort to reduce cancer risks. systems serving 10,000 people or ppb was set in 1975 based on a 1942 The agency wants arsenic levels more would have three years to make public health service standard.The reduced in drinking water from 50 improvements.Smaller systems would Safe Drinking Water Act amendments parts per billion (ppb) to five parts per have five years.The Minnesota Dept. of 1996 require the EPA to promul- billion. of Health'regulates Minnesota's gate a final rule by Jan. 1, 2001. The federal government estimates drinking water program and is The EPA is asking for public 6,600 drinking water systems nation- expected to release additional infor- comments through Aug.21,2000. wide would have to be upgraded.A mation regarding the federal standards After reviewing the comments,a total cost estimate for those upgrades impact on Minnesota systems soon. final rule could be put in place by was not provided by the EPA;how- The EPA's effort to reduce arsenic early 2001.Additional information ever,the EPA and those within the comes on the heels of a 1999 National is available at w-vvw.epa.gov/ drinking water industry estimate the Academy of Sciences report that safewater. r Continued from page 1 :e a purchase on behalf of the fairly significant impact.The provi- prosecution activities to some extent. county.Cities were not included in sion increases the maximum fines that While maximum fines are this prevision.An argument can be can be charged to those committing certainly not routinely imposed, key • made to support the limited use of petty misdemeanor and misdemeanor legislators have characterized this credit cards by cities,even in the offenses.The current$200 maximum legislation as giving judges the ability absence of explicit legislation.How- fine for petty misdemeanor offenses to assess a rather significant penalty ever,given the ambiguous nature of has been in place since 1987. Begin- where the circumstances of an the law in this area, cities should ping Aug. 1,the maximum fine will individual case may dictate it is consult with their city attorneys be increased to $300. For misde- appropriate to do so.Maximum fines before using credit cards. meanor offenses, the$700 maximum for gross misdemeanors ($3,000) and fine,which has remained unchanged felonies ($10,000) are not affected by • Misdemeanor fines increased since 1983,will be increased to this legislation.The fine increases are Tucked into the omnibus supplemental 81,000. Both cities and counties rely effective for violations committed on appropriations bill (Chapter 488, on fine revenues to offset the costs of or after Aug. 1,2000.r Article 5) is a little provision with law enforcement and criminal n May 31, 2000; Page 3 TO: John Flora, City Engineer-Response in Bold Rick Pribyl, Finance Director FROM: Deb Skogen, City Clerk DATE: October 9, 2000 RE: City Charter- Chapter 8 Pertaining to Contracts The Charter Commission has been reviewing Chapter 8 of the City Charter, in particular, Section 8.05 -Public Works Performed. The Commission is trying to determine whether or not the dollar values in the current City Code are restrictive to the city and should be changed and brought up to the standards in the State Statute, considering the legislative change this past spring. As the City Charter can be more restrictive than the State Statutes, they are wondering how the numbers affect public works. The Commission is wondering if you might have time to meet with them on October 30`h at 7:00 p.m. to discuss some of their questions. If you are unavailable, they are wondering if you would be willing to address some of their questions. I have tried to summarize some of their questions that have come up. I will be sending out an agenda packet on October 17th, if you could please respond to me by October 13th, I would really appreciate it. ❑ How many times the current dollar limits in the Charter have affected the City in how they did business; (has it hindered you at all in doing your business, if so, how) There might be a two-week delay. ❑ Can the city work within those guidelines or should the Charter to be more restrictive; The Charter should not be more restrictive, however, the city can work within the guidelines if necessary. The projects that are completed and are part of a 5-year comprehensive plan which then become budgeted items for a specific year. If a project has to be completed sooner than planned, because it was in the 5-year plan, they will move the project up. ❑ If this section should be amended, what would your recommendations be? It would be easier to refer to the state statutes. The ordinance suggested adopting state statutes for assessment projects, but the Council has never done this. He felt the intent was assessable projects vs non-assessed projects (budgeted items, repair, replacement items). An assessable project might be the 2001 Street Improvement project, a $300,000 project which assesses $100,000 of the cost. A non-assessable project might be where you need to order a new pump, one obtain 3 quotes and take the best quote, if you send for bid,you may only get one response. ❑ Would it be easier to change the Charter to refer to state statutes, than to continue to change the charter. It would be easier to refer to state statutes. ❑ How important is it to have a 4/5 council vote(super majority)to approve the contracts rather than the majority required by the state The majority required by state statute would be preferred,but 4/5 would be workable. ❑ Are any contracts approved on the consent agenda? Yes, there are contracts that are approved on the consent agenda,especially if they have been budgeted items. ❑ Is there some type of organized construction department as listed in the Charter, (ie Streets Department) is organized? John felt that this pertained more to smaller communities,but that the city does have a public works department which consists of about 36 employees. He felt that this portion might refer to something that may need to be repaired,such as a watermain break or a patch in the street. These may be local improvements the city can do themselves that come from the budget. All big projects are done by contract, the city crew only does minor repairs and maintenance. ❑ How big is the Public Works Department(an outline of the department and how many employees, full time and seasonal, you employ. The Public Works/Engineering Department consists of approximately 36 employees: t•'■ Engineering- 6 Streets -9 Water- 6 Sewer- 5 Parks - 6 Mechanics- 3 Administrative- 2 FRIDLEY CITY CHATER CHAPTER 8 PUBLIC IMPROVEMENTS,AND SPECIAL ASSESSMENTS Section 8.01. THE CITY PLAN. The present Villago zoning and comprehensive plans shall be the plan for future physical development of the City. Such plans may be altered from time to time. To alter sash a 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. It may include provisions for zoning, for the platting and development of new areas, for the planning and location of public works of art, public buildings, parks, playgrounds, bridges, transportation lines, and other public facilities, and for laying out,grating improving of streets and public places as well as for all other matters which may seem essential to such a plan. Section 8.02. ENFORCEMENT OF CITY PLAN. The Council shall have all necessary power, 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 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 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 425, 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 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 constitutional requirements. 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€tee-(5)four/fifths(4/5)affirmative votes of the City Council after a proper notice and hearing. (Ref. Ord. 776) Section 8.05. PUBLIC WORKS HOW PERFORMED. 1. Public works including all local improvements, may be constructed, extended, repaired or• maintained either by contract : , • -_ = =•-: -: -. . ($1,000), 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 lea fifty thousand dollars ($4-50,000) 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 construction department under competent supervision and provided with suitable equipment. (Ref. Ord. 776) 2. The right is reserved to the City Council, upon the recommendation of an engineer, acting through the seastatetien public works department, to bid on any work to be let by contract. All contracts shall be let to the lowest responsible bidder, but 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. Detailed The City shall require contractors to furnish proper bonds for the protection of the City,the employees and material person. (Ref. Ord. 776) FRIDLEY CITY CHARTER CHAPTER 8. PUBLIC IMPROVEMENTS,AND SPECIAL ASSESSMENTS Section 8.01. THE CITY PLAN. The present Village zoning plan shall be the plan for future physical development of the City. Such plan may be altered from time to time. To alter such a 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. It may include provisions for zoning, for the platting and development of new areas, for the planning and location of public works of art, public buildings, parks, playgrounds, bridges, transportation lines, and other public facilities, and for laying out, grading improving of streets and public places as well as for all other matters which may seem essential to such a plan. Section 8.02. ENFORCEMENT OF CITY PLAN. The Council shall have all necessary power, acting through the City Manager, to enforce complete adherence by all persons to the plan 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 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 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. 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. After this Charter takes effect, all local improvements shall continue for the time being to be made under the laws and ordinances applicable thereto. 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 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 constitutional requirements. 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 five (5) affirmative votes of the City Council after a proper notice and hearing. (Ref. Ord. 776) 10/05/89 Fridley City Charter Chapter 8.05.02 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, if the estimated cost is less than one thousand dollars ($1,000), 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 ten thousand dollars ($10,000) 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 construction department under competent supervision and provided with suitable equipment. (Ref. Ord. 776) 2. The right is reserved to the City Council, upon the recommendation of an engineer, acting through the construction department, to bid on any work to be let by contract. All contracts shall be let to the lowest responsible bidder, but 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. Detailed proceedings governing the advertisement for bids and the execution of the contract shall be prescribed by ordinance. The City shall require contractors to furnish proper bonds for the protection of the City, the employees and material person. (Ref. Ord. 776) 10/05/89 FRIDLEY CITY CHARTER CHAPTER 6 ADMINISTRATION OF CITY AFFAIRS Section 6.01. THE CITY MANAGER. The City Manager shall be the Chief Administrative Officer of the city, and shall be chosen by the Council solely on the basis of training, experience and administrative qualifications. The choice shall not be limited to inhabitants of the city or State but shall be limited to a citizen of the United States. The City Manager shall be appointed for an indefinite period and shall be removable by the council at any regularly scheduled meeting provided at least three (3) members of the Council vote for the removal. (Ref. Ord. 790, Ord. 857) Section 6.02. POWERS AND DUTIES OF THE CITY MANAGER. Subject to the provisions of this Charter and any regulations consistent therewith which may be adopted by the council, the City Manager shall control and direct the administration of the City's affairs. The City Manager's powers and duties shall be: (a) To enforce this Charter and the laws,ordinances and resolutions of the City; n (b) To appoint with the consent and approval of the Council all subordinate officers and employees; (c) To remove any subordinate officer or employee,provided that the Council is notified; (d) To exercise control over all departments and divisions of the City administration created by this Charter or which may hereafter be created by the Council; (e) To attend all meetings of the Council, with the right to take part in the discussions but having no vote; but the Council may at its discretion exclude the City Manager from meetings at which the City Manager's removal is considered; (f) To recommend to the Council for adoption such measures as may be deemed necessary for the welfare of the people and the efficient administration of the City's affairs; (g) To keep the Council fully advised as to the financial condition and needs of the City, and to prepare and to submit to the Council the annual budget; (h) To perform such other duties as may be prescribed by this Charter or required by ordinances or resolutions adopted by the Council. (Ref. Ord. 790, Ord. 857) 10/05/89 Fridley City Charter 6.07 Section 6.03. DEPARTMENTS OF ADMINISTRATION. The Council may create such offices, departments, divisions and bureaus for the administration of the City's affairs as may seem necessary, and from time to time alter the powers and organization of the same. It may enact in the form of an ordinance such administrative code for the City as may seem necessary and may amend the same from time to time. Section. 6.04. SUBORDINATE OFFICERS. There shall be a City Clerk, City Treasurer, City Attorney and such other officers subordinate to the City Manager as the Council may provide for by ordinance(s). The City Clerk shall be subject to the direction of the City Manager and shall have such duties in connection with keeping of the public records, the custody and disbursement of the public funds, and general administration of the City's affairs as shall be ordained by the Council. The City Clerk may be designated to act as Secretary of the Council. The Council may combine the duties of various offices as it may see fit. (Ref. Ord. 625, Ord. 790, Ord. 857) Section 6.05. PURCHASES AND CONTRACTS. The City Manager shall be the Chief Purchasing Agent of the City. All purchases on behalf of the city shall be made, and all contracts let by the City Manager, provided that the approval of the .-� Council must be given in advance whenever the amount of such purchase or contract exceeds the amount stated in the State Statutes. All contracts,bonds, and instruments of every kind to which the City shall be a party shall be signed by the Mayor on behalf of the City, as well as the City Manager, and shall be executed in the name of the City. (Ref. Ord. 625) Section. 6.06. CONTRACTS,HOW LET. In all cases of contracts for the purchase of merchandise, materials or equipment or for any kind of construction work undertaken by the City, which require an expenditure of more than that which is set by the State Statutes,unless the Council shall by an emergency ordinance otherwise provide, the City Manager shall advertise for bids by at least ten (10) days published notice in the official newspaper. When a bid is required, it shall be let to the lowest responsible bidder as determined by the Council. The Council may, however, reject any and all bids. Nothing contained in this Section shall prevent the council from contracting for the doing of work with patented processes, or from the purchasing of patented appliances. Section. 6.07. FURTHER PURCHASE REGULATIONS. Further regulations for the making of bids and the letting of contracts may be made by ordinance, subject to the provisions of this Charter. 10/05/89 Feb 21 01 10: 51a City of Columbia Heights 612-782-2801 p. 1 p-N . (ID CITY OF COLUMBIA HEIGHTS 590 40th Avenue Northeast Columbia Heights, MN 55421-3878 763/706-3600 Fax 763/706-3601 FAX TRANSMISSION DATE: _ ( L ( ( Q r TIME: ' r 3 S c NUMBER OF PAGES (INCLUDING COVER PAGE): 10 TO: .J. 0-t • /' LOCATION:.., ,� C FAX NUMBER: 5-7 / - � c_ e(..----) FROM: ... C�--B--C� it\ 3)( DEPARTMENT: 4-X----)----)"....-e----2.: ' PHONE NUMBER: 0 ( _ 36o , COMMENTS: Ibktk I,z (-) ...(1 ../. P /-7/ z L (29 /4.e...-AA._(2.--2,11 Lj--'6)--1.4_ L_,,A„) OL-7,01(--. .. Olt 401F jVii NOTE: Fax material is accepted from 8:00 a.m. to 4:45 p.m., Monday-Friday. may be designated to act as secretary of the council and shall act as ' city treasurer until the council by ordinance otherwise provide. The council may by ordinance abolish offices which have been created by ,-, ordinance, and it may combine the duties of various offices as it may see fit. (Ordinance No. 1086, passed June 11, 1984) Section 56. PURCHASES AND CONTRACTS . The city manager shall be chief purchasing agent of the City. All purchases and contracts on behalf of the City shall be made by the City Manager, but subject to the approval of the City Council whenever the amounts of such purchases or contracts exceeds $3, 000.00. All contracts of any kind to which the city is a party exceeding $3, 000 .00 and instruments for the conveyance of any real estate by the city shall be signed by the Mayor and the City Manager on behalf of the City and shall be executed in the name of the city. (Ordinance 1213, passed December 10, 1990) Section 57 . CONTRACTS, HOW LET. All contracts of the city shall be let in accordance with the Uniform Municipal Contracting Law of the State N ( of Minnesota. Further regulations for the taking of bids and letting of contracts may be made by ordinance. (Ordinance 1213, passed December 10, 1990) CHAPTER 7 TAXATION AND FINANCE Section 58 . COUNCIL TO CONTROL FINANCES. The c. ncil shall have full authority over the financial affairs of the city and shall provide -- for the ollection of all revenues and other asse the auditing and settlemen. of accounts, and the safekeeping and • , sbursement of public monies, an in the exercise of a sound • scretion shall make appropriation or the payment of all liabilitie- and expenses . Section 59 . 'ISCAL YEAR. The fiscal -ar of the city shall end each year on the 31- day of December. Section 60 . TAXA ' ON. Except as p ovided in this charter, the general laws of the state elating to tax tion shall apply in this city. (Ordinance 1079, passed Mar- . 26, 1984) Section 61. BOARD OF EQUA ZATI• . The council shall constitute a board of equalization and shall a .•u- ly meet as such in the usual place for holding council meetings at a . 'me set by the council to equalize assessments according to law. (0 .in. ce 1079, passed March 26, 1984) Section 62 . PREPARATION 'F THE Br* ET. The city manager shall prepare the estimates for the - ual budge The proposed budget shall be consistent with generally accepted accou ing principles and shall contain estimates of revenue, itemized estimate= of expenditures for both the current fiscal year and - e ensuing fiscal ye- , comparisons with the revenues and amounts expe •ed for the past two co •feted fiscal years, and such other informati• as the council may re. 're. At a regular council meeting in Augu-t, the city manager shall • esent the budget n along with a budget mess ,ge which may highlight the impo tant features of -16- 2 'd T082-28L-219 s'49taH etgwnto0 Jo R'tj d2I :2I I0 T2 ODA Feb 21 01 10: 51a City of Columbia Heights 612-782-2801 p. 2 • • that they are pay- .le from the proceeds of assessments evied upon property especially •enefitted thereby, and obligations ' ssued for the improvements which a - payable, wholly or partly, from t, -- collections of special assessments 1-vied on property benefitted t. -reby, or for the creation or maintenanc- of a permanent improvement evolving fund shall not count as part of s ch total bonded debt. In o case will bonds be issued to run for more ,han thirty years. The •urpose for which bonds are issued shall be set ,orth in the ordinance authorizing them and the proceeds from such bonds shall not be diver-ed to any other purposes. (Ordinance No. 1284, passe, June 13, 1994) Section 73 . FORM AND . .PAYMENT OF -•NDS . Bonds issued by the city may take the form either of term bond- or of serial bonds. In case of the issuance of any term bonds it sh- 1 be the duty of the city manager to include in the budget esti ,=tes -ach year a sufficient sum, with a safe margin to spare, to set -s.de in a debt service fund for the repayment of the bonds at the end .f the term, and another sum to pay the interest on the bonds for that - -r. In case of the issuance of serial bonds, it shall be the city na• er's duty to include in the budget estimates each year a sum a. •ly sufficient to pay the principal and interest on any bonds falli • due th-t year, and another sum sufficient to pay the interest for hat year on the bonds still outstanding. (Ordinance No. 1114, pass d February 11 , 1986) Section 74 . EMER -NCY DEBT CERTIFI• .TES. If any year the receipts from taxes or other ,ources should from some unforeseen cause become insufficient for the •rdinary expenses of t ,e city, or if any calamity or other public emerge• y should subject the ci, to the necessity of making extraordinary exp- ditures, then the counci may authorize the sale by the city treasur= of emergency debt certifi.-tes to run not to exceed one year and to .ear interest at six percent pe annum. A tax sufficient to redeem all = ch certificates at maturity sha' 1 be levied as part of the budget of he following year. The authorizati•n of an issue of such emergency de. certificates shall take the form of ordinance approved by four-fi hs of the members of the council; th ordinance may, if deemed ne -ssary, be passed as an emergency ordinanc CHAPTER 8 LOCAL IMPROVEMENTS AND SPECIAL ASSESSMENTS Section 75 . POWER TO MAKE LOCAL IMPROVEMENTS. The city of Columbia Heights shall have the power to lay and construct, extend, relay and repair, and maintain, directly by day labor, or by contract, pavements, curb and gutters, sidewalks, sewers, water mains, electric conduits, and any and all other local improvements in or under the streets, alleys and public places in the city. Section 76 . POWER TO LEVY SPECIAL ASSESSMENTS. The power of the city of Columbia Heights, under the conditions of this charter specified, to provide by any lawful method for the payment of the whole or any part of the cost of any local improvement by special assessments upon the property specially benefitted thereby, shall not be denied, and the city of Columbia heights shall possess this rower as fully as any other city in the state. The amount assessed to be property specially benefitted, -21- Feb 21 01 10: 52a Cit of Columbia Heights 612-782-2801 p. 3 to pay for such local improvements, shall not, however, exceed the amount of the benefits received by such property. Section 77 . LOCAL IMPROVEMENTS, HOW MADE. The council shall have the power to undertake local improvements by resolution passed by four- fifths of its members. The council shall make such local improvements upon petition of not less than fifty percent of the resident owners of the real estate to be assessed therefore as shown by the records in the office of the register of deeds of Anoka County. The council may thereupon assess the cost of such improvement, or any portion thereof, against the property specially benefitted by such improvement. When the council shall determine to make any improvements described in this chapter, it shall cause an estimate of the cost of such improvement to be made by the city manager. In no case shall the amount specially assessed for any one year exceed fifty percent of the last total full valuation of all the real estate within the benefitted area as shown on the assessor' s books by the assessment last made. In computing the value of the real estate, all improvements are to be excluded. In computing the above mentioned fifty percent, outstanding and unpaid special assessments against the property in the benefitted area shall be considered part of such fifty percent. After such estimate is made, the council may proceed at once to assess the estimated cost thereof, against the property to be benefitted thereby, in proportion to the benefits to result thereto. The above fifty percent shall not be construed as limiting the council in spreading assessments on the individual properties. In making such assessment roll, the council shall describe each parcel of land assessed and state the amount assessed against the same, and shall state the name of the owner thereof as far as known to the council, but any mistakes in or omission of such owners name shall in no way affect such assessment. If the work is completed before any assessment is made or if the amount assessed shall be insufficient to complete the work, the council, after the completion of such work, shall make a final assessment to pay the same. To defray the expenses of such improvement, the city may, acting through its council, by ordinance, issue its certificates of indebtedness in such amount as may be necessary. Such ordinance may be passed as an emergency ordinance. Such certificates of indebtedness shall be payable in annual installments as nearly equal in amount as conveniently may be, over a period not exceeding ten years from their date, shall bear interest at a rate not to exceed six percent per annum, payable annually or semi-annually, which interest may be evidenced by appropriate interest coupons and shall be in such form and denominations, all as the council shall by ordinance determine and shall be signed by the mayor and city manager and countersigned by the city clerk. Such certificates of indebtedness may be used in making payment on contracts for the improvements for which the assessments are made or may be sold for cash for not less than par value thereof, and the proceeds credited to the Permanent Improvement Fund and used for paying for said improvements . Monies received from said assessments shall be used to pay said certificates of indebtedness and if the monies received from such assessments are insufficient to meet the payment of the principal and interest of said certificates of indebtedness, the council shall provide monies for the payment of the same. The amount of such certificates of -22- Feb 21 01 10: 52a City of Columbia Heights 612-782-2801 p. 4 indebtedness at any time outstanding shall not be included in determining the city' s net indebtedness under the provisions of this chapter. Section 78 . APPEAL FROM ASSESSMENT. Any party interested in any property assessed under this chapter may appeal from such assessment to the district court of Anoka County, within thirty days after the publication of the notice of confirmation thereof by the council . Such appeal is hereby declared to be the exclusive way in which such assessment can be revised, modified, amended or annulled. Section 79. NOTICE OF APPEAL. Said appeal shall be made by filing a written notice with the city clerk, stating the party appeals to the district court from the assessment, and containing a description of the property of the appellant so assessed, and the objection of the appellant to the assessment, and by filing with the clerk of the district court within ten days thereafter, a copy of the notice of appeal . In case of an appeal, the council shall cause a copy of the assessment roll to be made and filed with the clerk of the district court within ten days from the time of the service of the notice of appeal. In case the return so made to the district court shall in any respect be defective, or insufficient, the court may require a further return to be made. The cause shall be entered by the clerk of the district court in the name of the person taking the appeal against the city as an "Appeal from Assessments, " and it may be brought on for hearing by either party, the same as other cases of the district court . Section 80. TRIAL OF ASSESSMENT APPEAL. Such appeal shall be tried by the district court without a jury, at a general or special term, without pleadings other than as above stated. Upon such trial, the appellant can make no other objections to the assessment than those stated in the notice of appeal, but the court may, in its discretion, permit such notice to be amended in this respect at any time. The court shall hear such competent evidence as may be offered by either party, and may revise, correct, amend, reduce, or confirm the assessment appeal from, or make such new assessment so as to avoid errors complained of. The assessment roll shall, when confirmed by the council, in all cases, whether on an appeal, or otherwise, and in all courts, be prima facie evidence of the validity of all proceedings up to, and including the confirmation of the assessment. Disbursements, but no statutory costs, may, in the discretion of the district court, be allowed upon an appeal from assessments as in other civil cases, but the judgment entered therefore against the city shall be a separate judgment and paid out of the general fund of the city. From the determination of such appeal by the district court, either party may appeal to the supreme court of the state. (Ordinance No. 1086, passed June 11, 1984) Section 81. RE-ASSESSMENTS. If an assessment shall be set aside by the district court for any cause, jurisdictional or otherwise, the council shall proceed in like manner as herein required in relation to the first assessment; provided, however, that if the assessment as to any parcel of land shall not be appealed from, or shall not have been set aside by the court, the council, in any subsequent assessment or re- assessment, may omit the pieces or parcels of land as to which the first assessment shall have been paid. As often as an assessment, or re- assessment, against a piece or parcel of real estate, assessed for any local improvement, is set aside, the same shall be re-assessed until said -23- Feb 21 01 10: 52a City of Columbia Heights 612-782-2801 p. 5 • property shall have paid its proper proportionate share of the benefits accruing from said improvement. Section 82 . PLAN OF ASSESSMENTS. Whenever the council shall determine to make any local improvements, the cost of which may lawfully be assessed against the benefitted property, it shall determine and designate in a general way the character and extent of such improvement and the materials to be used, and thereupon it shall order a careful estimate to be made by the city manager of the cost of such improvements, together with a list of the several lots and parcels of land fronting upon and adjacent to such proposed improvement which the city manager deems benefited thereby,, and the names of the owners of the several parcels, as nearly as can be ascertained. After receiving such estimates the council shall determine what property will be benefited by such local improvement, and shall thereupon publish in the manner provided by this charter a list of all such property, with the names of the owners so far as the same can be ascertained, or in lieu of such list, a designation of the benefited district by giving the boundaries thereof, together with a notice of the time and place when and where all persons interested may appear and be heard by the council with respect to benefits and to the proportion of the cost of the improvement to be assessed against their property. If the council determines to proceed with such improvement, it shall estimate and fix the cost thereof and shall and assess and levy such proportion or amount of such cost upon benefited property in its proportion as it may deem the same benefitted; and for such purpose shall adopt an assessment roll in such form as it may determine, and fix the time when payments may be made. The lien of such assessment shall attach to all property assessed as of date of adoption of the assessment roll by the council . (Ordinance No. 1086, passed June 11, 1984) Section 83 . PAYMENT OF ASSESSMENTS. The council may provide for payment in a lump sum or in annual installments for a period of not over thirty years, and it shall provide for extending payments over a period of years if so requested in the property owners' petition. All interest charges and miscellaneous costs shall, if not previously paid, be included in the tax bill for the last installment of such assessment. The council shall provide by ordinance a uniform rule as to the number of years over which payments for various local improvements shall be extended. (Ordinance No. 1392, passed June 14, 1999) Section 84 . PENALTY FOR DELINQUENCY. Each assessment or installment not paid within the time fixed for payment by the council shall be deemed delinquent and a ten percent penalty shall be added. Section 85 . CERTIFIED TO AUDITOR. In each year the council shall cause to be made a certified statement of the several pieces of land against which assessments have been made and are delinquent, describing the land affected and giving the amount of the assessment with penalties added, which certified statement shall be filed with the county auditor of Anoka County, on or before the tenth of October each year. It shall be the duty of the county auditor to extend assessments with penalties, as shown by such certified statement, upon the tax rolls of the county for taxes of the particular year in which the assessment is filed, and the same, for each year ending October 15th, shall be carried into the tax becoming due and payable in January of the following year and shall be enforced and collected in the manner provided for the enforcement and -24- Feb 21 01 10: 53a City of Columbia Heights 612-782-2801 p. 6 collection of state and county taxes under and in accordance with the provisions of the general laws of the state, except that in court proceedings to enforce the collection of taxes, no defense as to the validity of any such assessments shall be permitted. Such assessments, if not paid, shall become delinquent and be subject to the same penalties and the same rate of interest as the taxes for state and county purposes under the general laws of the state. Section 86. COUNTY TREASURER COLLECTOR FOR CITY. All assessments with penalties and interest thereon paid to the county treasurer shall belong to the City of Columbia Heights, and shall be turned over to the city treasurer in the manner provided in this charter and by law. CHAPTER 9 EMINENT DOMAIN Section 87. POWER TO ACQUIRE PROPERTY. The city of Columbia Heights is hereby empowered to acquire, by purchase, gift, devise or condemnation, any property, corporal or incorporal, either within or without its corporate boundaries, which may be needed by said city for any public use or purpose. In addition to the power to acquire property for other public purposes, the city may also acquire, as herein provided, any gas, water, heat, power, light, telephone, or other plant or other public utility; but no proceedings to acquire any such public utility shall be consummated unless the city has the money in its treasury to pay for the same or has by vote of the people made provision for paying for the property proposed to be acquired. Section 88 . PROCEEDINGS IN TAKING PROPERTY. The necessity for the taking of any property by the city shall be determined by the council and shall be declared by a resolution which shall describe such property as nearly as may be and state the use to which it is to be devoted. The acquisition of such property may be accomplished by proceedings at law, as in taking of land for public use by right of eminent domain according to the laws of this state except as otherwise provided in this chapter. Section 89. PAYMENT OF AWARD. Whenever an award of damages shall be confirmed in any proceeding for the taking of property under this chapter, or whenever the court shall render final judgment in any appeal from any such award, and the time for abandoning such proceedings by the city shall have expired, the city shall be bound to and shall, within sixty days of such final determination, pay the amount of the award with interest thereon at the rate of six percent per annum from the date of the confirmation of the award or judgment of the court, as the case may be; and if not so paid, judgment therefore may be had against the city. Section 90 . CITY MAY ABANDON PROCEEDINGS. The city may, by resolution of the council at any stage of the condemnation proceedings, or at any time within thirty days after any commissioners appointed by the court hereunder shall have filed their report with the clerk of court, or in case of any appeal to the district or supreme court at any time within thirty days after final determination thereof, abandon such proceedings as to all or any parcel of the property sought to be acquired and shall pay all costs thereof. -25- 02/21/01 13:54 FAX 1 612 493 8140 C CTY OF BRKLYN PK Ca 02 CHAPTER 10 IMPROVEMENTS AND SPECIAL ASSESSMENTS SECTION 10.01 GENERAL POWER AND PROCEDURES The City of Brooklyn Park shall have the power to make any and every type ofpublic improvements not forbidden by the laws of this state, and to levy special assessments for all such improvements as are of a local character, such special assessments to be levied against each lot or other unit of property separately as the same may be platted or subdivided. The amount assessed to benefitted property to pay for local improvements may equal the cost of the improvement with interest until paid, but shall in no case exceed the value of the benefit received by such property. No levy of special assessment shall exceed the actual cost of the improvement. The term improvements as referred to shall be inclusive of any item of expense to be paid for by special assessment levied against property,whether the entire cost is levied as a special assessment or otherwise. SECTION 10.02 PUBLIC WORKS All construction undertaken by the City of Brooklyn Park shall be considered public, and published plans and specifications of contracts, limitations upon contracts, contractors or individuals, and responsibility for maintaining services during such periods of construction shall be spelled out clearly in reasonable layman's language when possible and shall be on file at the city offices at all times open to the public. Where reference to state law is made, the section referred to shall be specified by section number and copies of same shall be available at the City Hall upon request. Responsibility for repair of private property damaged as a result of construction, and replacement and repair of boulevards and frontages shall be established by ordinance. SECTION 10.03 LOCAL IMPROVEMENTS (Amended Effect 11/28/86) The Council may prepare and adopt a comprehensive ordinance,prescribing the procedure which shall be followed in making all local improvements and levying assessments therefor, and such ordinance when adopted shall supersede all other provisions of the law on the same subject and may be amended only by an affirmative vote of at least five members of the Council. Until the adoption of such an ordinance, and in absence of such ordinance, all local improvements may be made and assessments levied therefor as prescribed by an applicable law. SECTION 10.04 PROCEDURE Section 10.04 repealed by Ordinance#1986-539(A)Effective 11/28/86. SECTION 10.05 LIMITATIONS ON COUNCIL(Eff 6/10/76)Section 10.05 repealed by Ordinance#1986-539(A) effective 11/28/86. r 02/21/01 13:54 FAX 1 612 493 8140 CTY OF BRKLYN PR f1 01 SECTION 10.06 RIGHTS AND PRIVILEGES(Amend.Effect 01-20-00#1999-911) Nothing in the preceding paragraphs pf this chapter on special assessments shall deprive any property owner of the same rights and privileges pertaining to special assessments that are granted . to property owners pursuant to Minnesota Statues, Section 273.111. Any subsequent state legislation pertaining to the deferment of special assessments for individuals or groups shall apply equally to all property owners within the City of Brooklyn Park. fAr ' 763 67/- e7 , oZ orr City Charter � � /22 Page 11 of 19 Subd. 7. The manager st keep the council fully advised on the financial condition and •-eds of the city.The manager '` must prepare and submit annual budget to the council. Subd. 8. The manager must,as oon as practicable after the close of the fis year,submit to the council a written report on the finances and administrati ; activities of the city.The manager's r-.ort must be discussed by the council at a public hearing called for that purpose. Subd. 9. The manager must prepare an. amend from time time an administrative code setting out the administrative procedures of the city. Subd. 10.The manager performs the other duties , -scribed by law,this charter or by the council. Section 6.03.Departments. With the approval of the counc. , the manager may cr-•to departments, divisions and other units of the city administration consistent with charter and law. Section 6.04.Other office There must be a ci• clerk, a chief financial officer and such other officers bordinate to the city manager as may be created by the c••ncil by ordinance or resolution or established by law. The cl is responsible for the keeping of city records. The erk and other officers have the duties imposed by state law, • 's charter, ordinances and council resolution Section 6.05.Purchases and contracts. The manager is the chief purchasing agent of the city. Purchases and contracts may be made by the manager when the amount of the purchase or contract does not exceed the amount at which competitive bids are required by law. Other purchases and contracts are made by the council on the recommendation of the manager. Except for purchases and contracts made by the manager,contracts,bonds and instruments to which the city is a party must be signed by the mayor and the manager on behalf of the city. Section 6.06.Contracts;bids. City contracts must be made in compliance with law.When competitive bids are submitted the contract must be awarded to the lowest responsible bidder.The council may by ordinance adopt additional regulations for making city contracts. CHAPTER 7 TAXATION AND FINANCE Section 7.01.Council contro manes., The council is responsible for the fm; cial affairs of the city. P - council must provide for the collection and protection of revenues and other assets and the au.' ing and settleme • accounts. Section 7.02.Fiscal year. The fiscal year of the city is the calendar ar. Section 7.03. System of taxation. Subject to the state constihition and except as forbidden by it or . the council may provide by ordinance for a system of local taxation. In the/faxation of real and personal property under • ystem of local taxation the council must conform as nearly as possible to law in the assessment of property and the collects.• of the taxes. http://www.ci.plymouth.mn.us/fufupage.asp?file=Reference/Regulations/CityCha.../Charter.ht 2/21/01 City Charter Page 14 of 19 adoption. (Amendment#5; 11/3/98) CHAPTER 8 PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS Section 8.01.Powers. The city may make any type of public improvement not forbidden by law and may levy special assessments against benefited property to pay all or a portion of the cost of a local improvement in the manner prescribed by law.The special assessments for a local improvement may equal the cost of the improvements but may not exceed the special benefit to the property assessed. Section 8.02.Current services. In addition to the provisions of law the council may provide by ordinance that the cost of city services to streets, sidewalks or other public or private property may be assessed against the property served and collected in the same manner as special assessments. CHAPTER 9 EMINENT DOMAIN Section 9.01.Acquisition ofproperty. The city may acquire by purchase,gift,condemnation or otherwise,property within or without its boundaries that may be needed by the city for a public purpose. In acquiring property by the power of eminent domain the city must proceed in accordance with law. CHAPTER 10 FRANCHISED PUBLIC UTILITIES Section 10.01.Franc -s re uired. Except as otherwise provide. . law, a person, firm or corporation • not place or maintain a permanent or semi- permanent fixture in,over,upon • under a street,highway or publ' ay in the city for the purpose of operating a public utility or for any other purpose witho• a franchise therefor fr. • • e city. Section 10.02.Ordinance. A franchise is granted by ordinance which • no •e an emergency ordinance.An ordinance granting a franchise must contain all of the terms and conditions of • franchise. franchise is not valid unless unconditionally and fully accepted by the grantee and filed with the city cl- . Section 10.03.Term An exclusive or perpe franchise may not be granted by the city. franchise for a term exceeding 20 years is not effective unless appro d by a majority of the voters voting thereon at a _ular or special election. //. http://www.ci.plymouth.mn.us/fufupage.asp?file=Reference/Regulations/CityCha.../Charter.ht 2/21/01 FEB-21-2001 08 47 CITY OF ELAINE 612 785 6156 P.01/04 CITY OF BLAINE 9150 Central Avenue NE, Blaine MN 55434 Date: o2-.2/- O (l ' Number of pages including cover sheet: T FAX filir;:fko If you do not receive any of the pages properly,please call.785-6124 TO: &rJ `S 13 FROM: Jane M. Hall, Ci ty Clerk TIME SENT: ty:.5z0 Ayr) SUBJECT: C SENT BY: IFfitt..).--) Phone: Phone: (763)785-6124 Fax: .g 7/— /e2 cP 7 Fax: (763)785-6156 CC: REMARKS: ❑ Urgent ❑ For your review ❑ Reply ASAP ❑ Please comment C 1wINwORDWORNISIFAXCOVERJANE.DOC FEB-21-2001 09:10 CITY OF BLAINE 612 785 6156 P.82/82 /-� CHARTER §6.06 city clerk shall be subj- to the direction •• a e city manager,and shall have such duties •. connectio. •'th the keeping of the public records,the cult. and di: ., :ement of the public funds, and the general administ do. .f the city's affairs as the council prescribes.The city clerk a. • be designated to act as secretary of the council. The coun • .. : • by ordinance abolish offices which have been created b •rdin: $ e,and it may combine the duties of various offices : . may see : . (Ord. No. 99- ;00, 8-19-99) A. Sec. 8.06. Purchases and contracts. The city manager shall be the chief purchasing agent of the city.Contracts for the sale or the purchase of supplies,materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance of real or personal property shall be made in accordance with the Uniform Municipal Contracting Law, . Minn. Stat. Section 471.345, as amended. If the amount of'the contract is estimated to be ten thousand dollars ($10,000.00) or less the contract may be made by the city manager. All other purchases and all other contracts shall be submitted to the council for approval.All contracts,bonds and instruments of any kind to which the city is a party shall be signed by the mayor and the city manager on behalf of the city and shall be executed in the name of the city. (Ord. No. 356, 6-6-74; Ord. No. 676, 2-21-80; Ord. No. 84-818, 3-15-84; Ord. No. 99-1800, 8-19-99) Sec. 8.08. Contracts; how let. Contracts shall be let to the lowest responsible bidder. The council may, however, reject any and all bids. Nothing contained in this section shall prevent the purchasing of real or personal property on the installment payment plan. Subject to the provi- sions of this charter,the council may by ordinance adopt further regulations for the making of bids, and the letting of contracts. The council may advertise in other papers, or trade journals in addition to the official newspaper. (Ord. No. 357, 6-6-74; Ord. No. 468, 11-20-75; Ord. No. 676, - 2-21-80; Ord. No. 92-1313, 12-17-92) 1.--- ....D-- Supp.No.60 21 • TOTAL P.02 FEB-21-2001 08 47 CITY OF ELAINE 612 785 6156 P.02iO4 CHARTER 8.03 required by law. - ordinanCe authorizing . issue of such emergency debt certi catea shall state th- ature of the emer- gency and be apprOVed .y at least five(5 embers of the council. It may be passed as an . ergency o ,ance. (Ord. No. 471, 11-20-75; & d. No. = •-1801, 8-19-99) Sec. 7.18. Bonds outsid: ,e debt limit. The council may iss - •,nds legal purposes outside the debt limit as provided b aw. .3 Chapter 8 PUBLIC AIMPROVEMENTS E SPECIAL - Sec. 8.01. Power to make improvements and levy assess- The city shall have the power to make an public improvement not forbidden by the laws ofd state and o levy special assessments to pay improvements as are of a local ch acteer The of the cost assessed such to benefitted property to pay for such local i improvement ent maey equal the cost of the improvement, mzp�ement may expenses connected provement, including all costs and ��therewith,with interest, until paid, but shall in no case exceed the benefits to the property. Sec. 8.02. Assessments tor services. The council may provide by ordinance that the cost of any service to streets,sidewalks,or other public ro y of any services to other property undertaken by the�cit the y be costs assessed against the property benefited and collected in like manner as are special assessments. Sec. 8.03. Local improvements;regulations. The council may prepare and adopt a comprehensive ordinance describing the procedure which shall be followed in making local Supp. No.60 27 n • FEB-21-2001 08 47 CITY OF BLAINE 612 785 6156 P.03/04 n §8.03 BLAINE CODE improvements and levying assessments therefor. Such ordinance may be amended only by an affirmative vote of at least five (5) members of the council. Local improvements may also be made and assessments levied therefor as prescribed by state law unless such ordinance if authorized by state law, provides that such proceedings shall be taken only in accordance with provisions of the ordinance. No defect, irregularity or omission of any kind in any proceeding taken in the authorization of any improvements or the making of any contract or the levy of any assessment therefor, or in the giving of any notice or the holding of any hearing in connection therewith, shall affect the validity of any contract for the making of the improvement when it is • Supp. No. 60 28 FEB-21-2001 08:47 CITY OF BLAINE 612 785 6156 P.04/84 •-•■ CHARTER § 9.02 executed or of any bond issue to finance the improvement when the proceeds thereof are received by the city. No such defect, irregularity, or omission shall effect the validity of any special assessment levied for an improvement, except to the extent, if any, that such defect, irregularity, or omission impairs the constitutional right of each property owner to effective notice of and opportunity for hearing on the question whether the assessment exceeds the benefit re- sulting from the improvement to the property upon which it is levied. (Ord. No. 243, 7-940; Ord. No. 472, 11-2045) See. 8.04. Public works; bow performed. Public works, including all local improvements, may be constructed, extended, repaired and maintained either by day labor or by contract. The city shall require contractors to give bonds for the protection of the city and all persons furnishing labor and materials, pursuant to the laws of the state pertaining to and governing public works. CHAPTER 9. EMINENT DOMAIN Sec. 9.01. Power to acquire property. The city is hereby impowered to acquire by purchase, gift, devise, or condemnation, any property, corporeal or incorpo- real, either within or without its corporate boundaries, which may be needed by the city for any public use or purpose. Ease- ments for slopes, fills, sewers, building lines, poles, wires, pipes, and conduits for water, gas, heat, and power may be acquired by gift, devise, purchase or condemnation in the manner provided by law. Sec. 9.02. Proceedings in acquiring property. The necessity for taking of any property by the city shall be determined by the council and shall be declared by a reso- lution which shall describe such property as nearly as may be and state the use to which it is to be devoted. The ac- quisition of such property may be accomplished by legal 29 TOTAL P.04 FEB.21.2001 11:07AM CITY OF ANOKA COMMUNITY DEV NO.029 P.19 ANOKA CITY CHARTER PAGE 15 Section 7.03 Dep. , , is of Administration.1 The council may create such dep. ...ems, divisions, and bureaus for ..e administration of the city's affairs as it may deem necessary, and from tim- to time alter their powers • •d organization. It shall, together with the city manager, prepare and enact a comp e administrative c••e in the form of an ordinance, which may be amended from time to time by ordinance. ' •e council .y by ordinance abolish offices which have been created by ordinance, and it may combine the ' ties o arious offices as it may see fit. Subordinate Officers. There shall be a city clerk . '• ch other officers subordinate to the city manager as the council may create by ordinance. The council ay, by • .inane, abolish offices which have been created by ordinance, and it may combine the duties • various offic as it may see fit. Section 7.04 City Attorney. The council shall appoint, by th ote of a majority of all its memb , a city attorney, who shall be the legal adviser for all officers of the ' and shall render such legal services as ••. be requested by the council. With approval of the council he ".y appoint such assistant attorneys as may be • ssary. - . . . .2 The heads of de.. ••• nts and any other employee of the city shall attend any meeting o e council at which his presence '. requested by the council. Section 7.06 Contracts,.3 Contracts for the purchase of merchandise, materials or equipment, or for any kind of construction work shall be governed by the provisions of M.S.A. Section 471.345. No contract of more than the sum provided for by M.S.A. Section 471.345, for the purchase of merchandise, materials or equipment, or for any kind of construction work, shall be let by the council unless an advertisement for bids for such merchandise, materials or equipment, or construction work, has been published at least once in the official newspaper of the city at least seven days before the date on which bids for such contract are to be received; provided, that in the event of an emergency determined to exist by resolution adopted by the favorable vote of four-fifths of all members of the council, the council may make or let any contract without first advertising for bids. Subject to the provisions of the charter, the council may by ordinance adopt further regulations for making of bids and letting of contracts. . 1 S '., : , 1 ' • ., . ',c, The council shall have full authority over the financial s of the city and shall provide for the collection of all revenues and other assets, the auditing and settle., - it . accounts, and the safekeeping and disbursement of public moneys. Section 8.02 Fiscal Year.4 The fiscal year of the city shall comm , e on the first day of Janu. of each year. 1 Amended by Ordinance 1980-644, effective 10-11-80. 2 Amended by Ordinance 1980-644, effective 10-11-80. 3 Amended by Ordinance 1980-644, effective 10-11-80. 4 Amended by Ordinance 1980-644, effective 10-11-80. FEB.21.2001 9:54AM CITY OF ANOKA COMMUNITY DEV NO.026 P.2 ANOKA CITY CHARTER PAGE 19 be issued a _eneral obligations of the city or may be made payable solely from sal. • t revenues. without limitation of ' generality of the foregoing, the council is specifically authorized • issue general obligation bonds of the city • the purpose of financing improvements in respect of whi • <pecial assessments are to be levied under the pro•'sions of Chapter 9 of this charter or of any law of the .•te, in anticipation of levy and collection of such spec,. assessments and payable from said special ass .ments and from ad valorem taxes which shall be levied for •:e payment of the city's share of the cost of • improvements and for the provision of the additional amounts re• iced for the security of such bonds. S bonds may be issued at any time after estimates of the cost of the '••• •vements to be financed thereby • . •e been submitted by the city engineer and approved by the council, in amo .•t sufficient to pay any part or of the cost as determined by said estimates. In the event that the cost exceeds •e estimate, the council :•all have authority to issue additional bonds in amount sufficient to pay such excess •st. In the event that : e estimate exceeds the cost, the council shall have authority to appropriate the amount of . excess out o the proceeds of the bonds to the payment of the cost of any additional improvements for which stimates ve been approved, or may appropriate such amount to the sinking fund account for the payment • suc. •onds. The city shall have authority to protect itself by acquiring title to any property subject to spe '. .sessments for local improvements and shall have authority, by ordinance or resolution, to sell, assign, an. c• •vey the same. At any time after January 1 followi making of an . •:.ual tax levy, the council may issue certificates of indebtedness in anticipation of the c••ecrion of taxes levied fo •y fund and not yet collected. The total amount of certificates issued against any . • for any year with interest reon until maturity shall not exceed 90% of the total current taxes for the • uncollected at the time of issuan•-. Such certificates shall be issued on such terms and conditions as the c•• •cil may determine but they shall bec.".e due and payable not later than the 1st day of April of the year fo 'wing their issuance. The proceeds of the levied for the fund against which tax ) anticipation certificates • issued and the full faith and credit of the city •all be irrevocably pledged for the redemption of the ce ' mates in the order of their issuance against the func. ' • . . to • • ,- . • • R. If in any year receipts from taxes or other sources should from some unforeseen •.use become insufficient for the ordi expenses of the city, or if any calamity or other public emergency s •uld subject the city to the necessi . of making extraordinary expenditures, the council may by resolution issue . • sell on such terms and in suc manner as the council determines emergency debt certificates to run not to exce- two years. A tax sufficie• to pay principal and interest on such certificates with the margin required by law •. be levied as requir: by Jaw, The resolution authorizing an issue of such emergency debt certificates shall s e the nature of emergency and be approved by a majority of all members of the council, and the full faith • credit of the •ty shall be irrevocably pledged for the redemption of the certificates in the order of their issuance. Chapter 9. Public Improvements and Special Assessments auicuL2.111______Psati_co.liakt_Imp.raxamtais_araLaylissznagnil.1 The city may make any type of public improvement not forbidden by law and levy special assessments to pay all or part of the cost of such improvements as are of a local character. The total assessments for any local improvement may not exceed the cost of the improvement including all costs and expenses connected therewith, with interest. No assessment shall exceed the benefits to the property. The matters of public improvements and special assessments shall be covered by the provisions of Chapter 429 of Minnesota Statutes Annotated. 1 Amended by Ordinance 1980-644, effective 10-11-80. FEB.21.2001 9:55AM CITY OF ANOKA COMMUNITY DEV NO.026 P.3 ANOKA CITY CHARTER PAGE 20 J Section 902 Assessmen a for-Servires,1 The council may provide by ordinance that the cost of sprinkling, snow or rubbish removal, or of any other service to streets, sidewalks, or other public property, utility services provided private property, or the cost of any service to other property undertaken by the city may be assessed against the property benefited and collected in like manner as are special assessments. ". , • 1 r l i. • . . II t, • 11 110 : Cn • -_2 In order to protect the lien of the city on special assessments, the council shall, whenever necessary, have power to purchase any lot or parcel of land at any tax sale, or take an assignment of any lien on same against which the city has a lien for special assessments, and may sell and assign any such lien held by such city, and otherwise take such action as will protect the interest of the city. Section.9.04 Public Works:How Performed.3 Public works, including all local improvements, may be constructed, extended, repaired and maintained either directly by day labor or by contract. The city shall require contractors to give bonds for the protection of the city and all persons furnishing labor and materials pursuant to the laws of the state. Chapter 10. Eminent Domain Section 10.01 Power to Acquire Property. The city may acquire,by purchase, gift, devise, or condemnation,any property, corporeal or incorporeal, either �) within or without its corporate boundaries, which may be needed by the city for any public use or purpose. Easements for slopes, fills, sewers, building lines, poles, wires, pipes, and conduits for water, gas, heat and power may be acquired by gift, devise, purchase, or condemnation in the manner provided by law. Section 10.02 Proceeding in A in'ng Propgm.4 The necessity for the acquisition of any real property by the city shall be determined by the council and shall be declared by a resolution which shall describe such property as nearly as may be and state the use to which it is to be devoted. In acquiring property by exercising the power of eminent domain, the city shall proceed according to the law of this state, except as otherwise provided in this charter. Section 10.03 Payment of Award. Whenever an award of damages is confirmed in any proceeding for the taking of property for public use by right of eminent domain, or whenever the court renders final judgment in any appeal from any such award and the time for abandoning such proceedings by the city has expired, the city shall, within seventy days of such final determination, pay the amount of the court, as the case may be; and if not so paid,judgment therefor may be had against the city. Amended by Ordinance 1980-644, effective 10-11-80. 2 Amended by Ordinance 1980-644, effective 10-11-80. 3 Amended by Ordinance 1980-644, effective 10-11-80. 4 Amended by Ordinance 1993-927, effective 01-22-94. FEB.21.2001 11 10A CITY OF ANOKA COMMUNITY DEV NO.029 P.25 ANOKA CITY CHARTER PAGE 21 ••. 1 I 11 ►I • : .. .. • . :111 $. .j. , • , The city may dismiss all or part of the property being acquired in a condemnation proceeding so long as the dismissal is filed with the proper court prior to the expiration of the time for an appeal or before entry of judgment if an appeal has been taken. The city shall pay all reasonable costs and expenses incurred by the condemnee including attorney's fees. Section 10.05 City May Ta_lcr_ Entire Plant If the city condemns a public utility which is operated at the time of the commencement of the condemnation proceedings as one property or one system, it shall not be necessary in the condemnation proceedings or any of the proceedings of the council, to describe or treat separately the different kinds of property composing such system; but all of the property, lands, articles, franchises, franchise values, and rights which comprise such system may, unless otherwise ordered by the court, be treated together as one property and an award for the whole property in one lump sum may be made by the council members or other body assessing the damages or condemnation. This does not prevent the city, when the plant and property are separable into distinct parts, from acquiring only such part or parts thereof as may be necessary in the public interest. Chapter 11- Franchises SectjQn 11.01 Franchises Required. Except as o erwise provided by law, no person, firm, or corporation shall . .ce or maintain any permanent or semi-p •. . , nt fixtures, in, over, upon or under any street or public • :ce for the purpose of operating a public utility or f• any other purpose, without.a franchise therefor from a city. A franchise shall be granted J only by ordinance, hich shall not be an emergency ordinance. Ev- ordinance granting a franchise shall contain all the terms . d conditions of the franchise. The grantee all bear the costs of publication of the franchise ordinance a•• shall make a sufficient deposit with • clerk to guarantee publication before the ordinance is passed. Section 11.02 Term. No perpetual franchise or privil•:e shall ever be Cr- ed, nor shall any exclusive franchise or privilege be granted for a period of more than enty-five years Section 11.03 Public Hearing. Before any franchise ordinance is adop -• o any rates, fares, or prices to be charged by a public utility are fixed by the council, the council shall hol' a public hearing on the matter. Notice of such hearing shall be published at least once in the official ne -pa. not less than ten days prior to the date of the hearing. Section 11.04 Power of Regul. .nResa -d. Subject to any applicable law the •• .cil may by or..•. .ce reasonably regulate and control the exercise of any franchise, including the ma. '•• •• rates, fares, or price o be charged by the grantee. No franchise value shall be included in the valuation o• the grantee's property regulating utility rates, fares or prices under any applicable law, ordinance, or egulation or in proceedings or municipal acquisition of the grantee's property by purchase or eminent do •.in. n e •. I • -W. - • .- - . '.. . Every extension, rene al or modification of any existing franchise • of any franchise granted thereafter shall be subject to the s. •- limitations and shall be granted in the same m-nner as a new franchise. Feb-21-2001 08:36 From-CITY OF COON RAPIDS FINANCE DEPT 6127676491 T-338 P.001/004 F-422 %-'N CITY OF COON RAPIDS, MINNESOTA CHAPTER 1-800 PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS 1-801 power to Make Improvements and Levy Assessments. The City shall have the power to make any and every type of public improvement not forbidden by the laws of this State and to levy special assessments to pay all or any part of the cost of such improvements as are of local character. The amounts assessed to benefited property to pay for such local improvements may equal the cost of the improvement, including all costs and expenses connected therewith, with interest, until paid, but shall in no case exceed the benefits to the property. 1-802 Assessments for Services. The Council may provide, by ordinance, that the costs of any special services to public or private property may be assessed against the property benefited and collected in like manner as are special assessments. [Revised 1/11/94 , Ordinance No. 1477] 1-803 Local Improvements Regulations. The Council may prepare and adopt a comprehensive ordinance prescribing the procedure which shall be followed in making all local improvements and levying assessments therefor. Such ordinance shall supersede all other provisions of the law on the same subject and may be amended only by an affirmative vote of at least five (5) members of the Council. In the absence of such ordinance all local improvements may be made and assessments levied therefor as prescribed by any applicable law. [Revised 02/23/93, Ordinance No. 1439] [Revised 1/11/94, Ordinance No. 1477] 1-804 Public works--How Performed. Public works, including all local improvements, may be constructed, extended, repaired, and maintained either directly by day labor or by contract. The City shall require contractors to give bonds for the protection of the City and all persons furnishing labor and materials pursuant to the laws of the State. 1054-6244kCle 1-800-1 Feb-21-2001 08:36 From-CITY OF COON RAPIDS FINANCE DEPT 6127676491 T-338 P.002/004 F-422 Ler- 4124 e-0/71.1 J7 n 1-603 Departments of Administration., The Council may, by resolution, authorize the City Manager to create such departments, divisions, and bureaus for the administration of the City affairs as the Manager may deem necessary. [Revised 7/6/93; Ordinance No. 1458] 1-604 Subordinate Officers. There shall be a City Clerk and such other officers subordinate to the City Manager as the Council may create by resolution. The City Clerk shall be subject to the direction of the City Manager, shall keep the public records, and shall have other duties as the City Manager shall prescribe. The Council may, by ordinance, abolish offices which have been created by ordinance, and may by resolution, abolish offices which have been created by resolution. It may combine the duties of various offices as it may see fit. [Revised 7/6/93;Ordinance No. 1458] 1-605 Purchases and Contracts. The City Manager shall be the chief Purchasing Agent of the City. All City purchases and contracts shall be made or let by the City Manager when the amount of the purchase or contract does not exceed $25, 000. All other purchases shall be made and all other contracts let by the Council after the recommendation of the City Manager has first been obtained. All contracts over $25, 000, bonds, and instruments of any kind to which the City is a party shall be signed by the Mayor and the City Manager on behalf of the City and shall be executed in the name of the City. [Revised 7/6/93 ; Ordinance No. 1458] 1-606 Repealed. • 1-600-2 Feb-21-2001 08:36 From-CITY OF COON RAPIDS FINANCE DEPT 6127676491 T-338 P.003/004 F-422 • ORDINANCE NO. /7 '3 AN ORDINANCE REVISING THE HOME RULE CHARTER OF THE CITY OF COON RAPIDS SO AS TO INCREASE THE DOLLAR AMOUNT OF PURCHASES AND CONTRACTS MADE OR LET BY THE CITY MANAGER AND THEREBY AMENDING COON RAPIDS CITY CHARTER SECTION 1-605 PREAMBLE: WHEREAS,the City of Coon Rapids, Minnesota, has previously adopted a Home Rule Charter; and WHEREAS, under current City Charter Section 1-605, the City Manager may enter into purchases and contracts that do not exceed $25,000; and WHEREAS, the Coon Rapids Charter Commission has determined that the dollar amount of the purchases and contracts made or let by the City Manager should be increased to $50,000; and WHEREAS, the Charter Commission recommends that Section 1-605 of the City of Coon . Rapids Home Rule Charter be revised to facilitate that change in the dollar amount; and M� WHEREAS, the City Council concurs with the Charter Commission's determination and finds that it is in the best interest of the City and its citizens to also concur with the Commission's recommendation; and NOW,THEREFORE, the City of Coon Rapids does ordain: Section 1. The Home Rule Charter of the City of Coon Rapids Section 1-605 is hereby amended as follows: (Deletions in brackets, additions double underlined) 1-605 Purchases and Contracts. The City Manager shall be the chief Purchasing Agent of the City. All City purchases and contracts shall be made or let by the City Manager when the amount of the purchase or contract does not exceed [$25,000) 550,Q00. All other purchases shall be made and all other contracts let by the Council after the recommendation of the City Manager has first been obtained. All contracts over[$25,000) $5Q.000, bonds, and instruments of any kind to which the City is a party shall be signed by the Mayor and the City Manager on behalf of the City and shall be executed in the name of the City. Vd. .� o �7a 6- 1 Feb-21-2001 08:36 From-CITY OF COON RAPIDS FINANCE DEPT 6127676491 T-338 P.004/O04 F-422 /Ob Introduced this 16th day of January, 2001. Adopted this day of , 2001 by a vote of �,ayes and_CI nays. Ilona McCauley, Mayor ATTEST: Betty Baca ; . 'q .,''' Clerk ff, .* r1F,:p •: ) +rte' •'.,,k4 coif • • • . nay ei • FRIDLEY CITY CHARTER CHAPTER 9. EMINENT DOMAIN Section 9.01. SET FORTH BY STATUTES OF THE STATE OF MINNESOTA. The City of Fridley shall have the power of Eminent Domain as set forth by the Statutes of the State of Minnesota. 10/05/89 ,. ...... .. '' • •. \ . . ... .i z 1 N,,,___, ) _11_ ‘L__),' ,z___;) __;t•' t-,L_.,, , IL - , •4.___,‘" .„.;..:,.._ • .,-; • •-.:'-,, .'_.7,7,4i.-----, ' ,,, . • ..., • . _ _. ...t„- . . . . _ . . ._ _ . .1 r • :•-•!,.. ....-A-, .:--,.. :::•-.i:.;;-,.... ;. •-,.,: :,,,,..:, it,-::7,,,--:,--!--.t....,:-::-.:.--t--....,-.._,..-,- :.:.,;,,.,-.--,• . ., . ..._......,.,,.......„.__ ._.. .....__....,_ .....„.. ..„.._. .... ..„ ......._ _ ..;__-.- (- . „,„,....,f.-.:-.-.. ,..,..,--,, , ........-.•„:::,...-,f,,,..,...,,,.•-:.... .,_ . •-..•.-_-_:, .4,-_. - ., ,-, ..',.7, V •'•.:1 : ..::• ! :'.:. . ., i . . . . . .,, ' !: • .i. -.1.'• .:4• t . , ..-';• .:'•, • - - • - /.."'.. - •• ., .--. ...-. - . , . . rN' V ....•. :•;', .. ._, --•::' -.• 4•. •• : I:.- 1 - -. ,..,_ i - .,.. . ...._ .--,.• - , ..,„, ; . ).---, • • • 1...(111( (11)1/ Alich (tcli 1)(itli(lsort (117(1 l'(ill 1)()/i71('1; American Planning Association 4°5.'0.114 .,. .,,,. .. . .. ,. . -• Planning Advisory Service .i-_,r-•„1".)) Report Number 491/492 • IF 1 Preface figga , L I The Comprehensive Plan The Comprehensive Plan is a planning tool intended to help guide future growth and development of the community. It is comprehensive in that it ties together the various elements that make up "the city"including land use, housing, transportation, environment, public facilities and parks and recreation. It is intended to be both a physical and social plan, covering such topics as the locations and character of commercial or residential development(land use)to the affordability of housing (life-cycle housing) and the diversity of jobs. It is a plan because it contains goals, policies and strategies that all v.ork together, looking to the future and working towards achieving a community wide vision. Finally the comprehensive plan is an implementation tool that is used to set goals and measure progress towards community betterment. Figure 1 The Inter-related Elements of the Comprehensive Plan Vision and Guiding " Princinles Physical Soc•io- Development Ecoitonric 1. ':,'-: Impacts J ' Park:,ar.d ''" Transportation Recreation ; -a F= NI '-,Ll�.rl Goals and Land 1{ Policies ';!:1 lise ° A?'Housing '14111111111111111111111111111111141 Sewer and Water Environment Implementation , INTER-RELATED ELEMENTS /'■ Hoisington Koegler Group,Inc. -I- Fridley Comprehensive Plan Draft!: December 29, 1999 The Purposes for a Comprehensive Plan Comprehensive Planning is done for many reasons, but the two primary reasons are to provide the decision-makers of the community with policy directives that are consistent with a community driven vision and to adhere to state mandates relative to regional planning. The Minnesota Land Planning Act (MLPA) of 1976 required communities within the metropolitan area to develop comprehensive plans in order to help the metropolitan region plan for regional infrastructure and regional transportation needs. Planning must be an ongoing process in order to adapt to unexpected or expected changes. As such, the MLPA has been amended over the years to address these changes. The Metropolitan Council is the planning organization authorized by the legislature to spearhead this regional planning process. They are responsible for reviewing local community's plans and ensuring consistency with regional growth goals and policies that are described in the Metropolitan Development Guide (MGD) adopted by the Metropolitan Council in December of 1996. A 1995 amendment to the MLPA requires that local governments bring their existing comprehensive plans and official controls up to date to be consistent with regional growth goals and policies. Comprehensive planning, however, is often done without the required legislative mandate. The plan is a good tool to help the decision-makers in making the day to day decisions that affect the growth, development and quality of life in the community. The planning process brings together the community in developing a collective vision. The vision is supported by a set of goals and policies that when implemented lead to achievement of various elements of the vision. In addition the plan establishes strategies to be employed by the community in attempt to resolve problems or improve upon less than desirable elements of the community. Utilizing the Comprehensive Plan The Comprehensive Plan is intended to support the general public's inherent wants and needs. Its goals and policies are established to help guide the community in a direction that best supports the collective vision. The Comprehensive Plan strategies are intended to resolve critical issues and problems.The plan can be utilized in many ways including: For Policy Direction A primary responsibility of the City is to ensure the safety,health and welfare through the regulation of physical development in the city.This is primarily done through ordinances. It is the city staff's responsibility to provide volunteer commissioners and elected officials with the information relevant to the issues in order for them to make informed recommendations and decisions. The policies in the plan will help guide staff recommendations. Policy as set forth in the comprehensive plan provide the staff, volunteers and officials with community supported directives better enabling them to make decisions for the betterment of the whole community. The policy statements found in the plan should be used to support community decisions. These policies will come in handy when dealing with issues where community decision-makers need support in making difficult and often controversial decisions. Preface Page I-2- • Fridley Comprehensive Plan Draft I: December 29, 1999 The Planning Process The process for developing the comprehensive Inventorying Previous plan included many steps beginning with Planning Efforts building an inventory of previous and current planning studies such as the 1982 ? � Comprehensive Plan Draft, environmental studies, community surveys and housing studies. Public Input and Much of the information within these studies Community Vision Meetings provided background information that was - . ;��.r.- , -E presented to the public at the community wide tr ' ' ` vision meetings held May 28`h, 1998 and June Preparation of 25`h 1998. Various survey information was Draft Plan gathered to evaluate the findings of the vision session and a vision statement and guiding ,wr :,_ :;:;.. principles were drafted to direct the preparation of the draft. Commission Workshops During the drafting of the plan, meetings were � , held with city commissions and staff to evaluate goals, policies and strategies. Review by The draft was presented to adjacent Adjacent Communities communities, Anoka County and the various school districts so they could comment on ;• relevant impacts that the plan may have on their respective jurisdictions. Public Open House The draft was presented to the general public for review and comment at an open house on �'L:`.•; November 18`h, 1999. Planning Commission The Fridley Planning Commission held a formal Public Hearings public hearing in December of 1999 and the City Council authorized submittal of the draft plan to the Metropolitan Council for formal review. City Council Work on the plan continued into the spring of Consideration 2000. The plan was formally approved by the t . City Council in the Spring of 2000. �� Metropolitan Council Review V Implementation Preface Pagel-4 Fridley Comprehensive Plan Draft 1: December 29, 1999 • For Setting Annual Goals On an annual basis, the City of Fridley establishes goals and objectives. The comprehensive plan should be used to help formulate those goals as well as to measure what has been accomplished in previous years. For Establishing Budgets On a yearly basis the City of Fridley also establishes an annual budget that allocates funding sources to various programs and City departments. The comprehensive plan establishes various strategies that must be carried out by various departments and as such requires funding allocations. The process of budgeting should consider the goals and strategies outlined in the Comprehensive Plan. For Community Marketing The City of Fridley (known as "friendly Fridley") has a lot to offer to perspective residents, employees and businesses. In today's global economy, the City operates in a highly competitive environment where it is important to be able to present the City in a favorable light to preserve the City's integrity and attract quality new development and redevelopment. The comprehensive plan can be used to provide new and existing residents and businesses with a snapshot of the community and to share the City's vision with those interested in become a part of the community. •••■ Preface Page 1-3- canopy capital improvements program by any lamp,light source,or luminaire. of sheltering persons or inanimate ob- The cost of a capital improvement is gen- t""\ (Williamson County,Tenn.) jects from the rays of the sun and from erally nonrecurring and may require rain and weather. Entrance canopies multi-year financing. (Indian River "''= •canopy A permanently roofed shel- g ter projecting over a sidewalk,driveway, shall be attached to the building and County,Fla.) t entry, window, or similar area, which may be supported from the ground up; the overall width of said entrance •capital improvements budget The shelter may be wholly supported by a capital improvement program put into building or may be wholly or partially canopies shall be a maximum of the en-Y p• y dollars and cents terms, indicating the supported by columns, poles, or braces trance opening and framing width,plus 12 inches, and said entrance canopies prorated amount to be expended for extending from the ground. . . . [Ajny each project listed over a given period, roof overhang extending more than two shall extend out perpendicular from the building. Entrance canopies are permit- and including the sources of revenue. feet from the face of a building shall be (Handbook for Planning Commissioners in considered a canopy. (Traverse City, ted on commercial buildings only.(Coral Gables,Fla.) Missouri) Midi.) • capacity The maximum lawful •capital improvements element (CIE) With reference to structures, a rootlike That portion of the . . . Comprehensive cover,including an awning,that projects level of designed use of any structure, or part thereof, as determined by the Plan which . . . guides the provision of Y from the wall of a building over a door, the needed capital improvements identi- entrance or window;or a freestandin city's adopted building code and ex- g or pressed in terms of occupants, seats, fied in the other plan elements. (Indian projecting cover above an outdoor ser- River County,Fla.) vice area, such as at a gasoline service persons, employees, or other units station.A marquee is not a canopy. With specified by the building code.(Gaines- ■capital improvements program (CIP) :: : reference to bufferyards,a landscape ele- vile, Fla) A proposed schedule of all future pro- ment that functions as an overhead or The maximum number of persons that lefts listed in order of construction prior- :..f ity together with cost estimates and the ceiling," used in single or multiple can avail themselves of the services (or plantings to create shade. (Tippacanoc goods)of an establishment or use at any anticipated means of financing each pro- ject. Included are all major projects re- I County, Ind) one time,as determined by the required fl space per person established in the quiring the expenditure of public funds, 4 A rootlike structure serving the purpose �1 g P building code.(Minneapolis,Minn.,which over and above the annual local govern- of protecting pedestrians from rain and ment's operating expenses, for the pur- sun, which structure projects from a uses the term "capacity in persons") le chase, construction, or replacement of building and the width of which •capacity, net Population and em- the physical assets for the community. ° ("width" being taken as the dimensions ployment growth likely to occur under (Park City, Utah) parallel to the face of the building)is not zoned capacity, minus existing infra- greater than one-fourth the width of the structure and service standard limita_ A program, administered by a city or face of the building or 20 feet,whichever lions.(Renton, Wash.) county government and reviewed by N is lesser.Such structure must be open on its planning commission, which sched- ■capacity, planned Population and ules permanent improvements, usually t li hree sides and, if ground-supported, fu- supports must be confined in number employment growth planned(contained for a minimum of five years in the fu- and cross-section area to the minimum in local comprehensive plans with a ture,to fit the projected fiscal capability necessary for actual support of the specified horizon) in the context of the of the local jurisdiction. The program ; canopy.(Denver,Colo.) Countywide Planning Policies. (Renton, generally is reviewed annually for con- la Wash.) formance to and consistency with the • canopy, building A rigid multi- general plan ■ capacity, zoned Population and plan. (California Planning sided structure covered with fabric, Roundtable) metal,or other material,and supported employment growth permitted under by a building at one or more points or ex- current zoning, land development, and A community's present and near-future environmental regulations. (Renton, financial plan that matches future capital tremities and by columns or posts em- Wash.) i bedded in the ground at other points or mprovement costs,such as sewers,hos- :a extremities. Any structure that extends ■capital budget A plan of proposed pitals,and roads to anticipated revenues. above any adjacent parapet or roof of capital outlay appropriations and means The planning and zoning commission supporting building is not included of financing them. (Indian River County, should be given authority to develop within the definition of building canopy. Fla.) and review the CIP proposal, thereby linking planning to the annual bud (Renton, Wash.) g p annin g ■capital improvement Any physical getary process. CIPs are usually pre- t''''• ■canopy,entrance A roof-like cover- asset constructed or purchased to pro- pared for five or six years and updated ing over a door or an opening of a strut- vide,improve or replace a public facility annually.(Iowa State University Extension ture intended and used for the purpose and which is large scale and high in cost. Service) 58 commuter rail concurrency management system e. sists in matching employees for the pur- ■compensable/compensative regula- A commercial or public solid waste pro- pose of sharing rides to reduce drive- tions Regulations that permit the pay- cessing facility where yard or garden alone travel.(Tucson.Ari=.) ment of compensation to property own- waste is transformed into soil or tertil- ers when their land is severely dimin- izer by biological decomposition. (Blue •commuter rail (See also transit, light ished in value as a result of the regula- Springs,Mo.) rail(LRT)) The portion of passenger tions. Such regulations are a device to railroad operations that carries passen- •comprehensive plan(See also general chart the middle course between police plan;master plan) A plan for deyel- gets within urban areas, or between power regulations and eminent domain; urban areas and their suburbs, but dif- opment of an area which recognizes the that is,when there is an effective taking fers from rail rapid transit in that the physical,economic,social,political,aes- of the land or most of its value. They thetic,and related factors of the commu- have cars generally are heavier,the have been proposed to keep land in a rel- pity involved. (Handbook rot P!ann:m> average trip lengths are usually longer, atively undeveloped state and thus have d and the operations are carried out over Commissioners in Missouri) some of the same elements as the pur- tracks that are part of the railroad sys- chase of development rights. A compilation of policy statements, tem.(Sacramento Regional Transit District) Compensable regulations have seldom goals and objectives, standards, maps, •company town Employee housing been employed in actual practice. (PAS and statistical data for the physical, so- and supporting commercial,office,recre- Report No.322,The Language of Zoning) cial, and economic development, both a ational,professional,administrative,and public and private, of[the) community. • compensation project (See wetland other ancillary uses associated with the (Las Cruces,N.,Mex.) compensation project) functioning of an isolated industrial, •computer design and development mining, energy production, utilities, re- •compensatory mitigation (See wet- facility A business primarily ea- sorts,or agricultural-based use.This de- land compensatory mitigation) gaged in the development or engineer- velopment may occur on a single parcel •compensatory storage (See floodplain ing of computer software or computer or multiple parcels. (Wai/toe County, compensatory storage) hardware, but excluding retail sales, Nev./ computer hardware manufacturers. and •compost A humus-like material, computer repair services.(Boulder. -'lo. •compatibility The characteristics of P P produced from composting, that has different land uses or activities that per- been stabilized to a degree that is poten- •concentrated animal feeding opera- mit them to he located near each other in tially beneficial to plant growth and us- tion(CAFO)(See feedlot) harmony and without conflict. It is a able as a soil conditioner,top soil,grow- • conce P concept plan Written and graphic general but important concept which ing medium amendment,or other Simi documents submitted for rezoning of a forms the basis for the separation of lar uses to buffer the soil Ph, improve uses, through zoning, into districts. tract to Planned Unit Development Con- soil aggregation and tilth, reduce ero- cept (PUD) that indicate in a conceptual (Handbook for Planning Commissioners in P sion, enhance water infiltration and re- Missouri)issouri) proposed form the land uses and their tention, increase soil porosity and nova- overall impact on the subject tract and sur- i •compatible (1) Having harmony in tion,slow the rate of temperature change rounding tracts.... (Baton Rouge,1 t.i design and/or appearance between two in soil,provide food for soil microorgan- _ T or more attributes of a structure; (2) isms,or enhance availability of micronu- •concurrency Installation and opera- Having harmony in design and/or ap- trients in soils.(Boise City,Idaho) tion of facilities and services needed to ': pearance between two or more strut- meet the demands of new development •composting Processing waste in a simultaneous with the development.tures; (3) Having harmony in design P controlled environment to produce a sta- (California Planning Roundtable) and/or appearance between two or ble product by microbiologically degrad- g more attributes of a neighborhood;or(4) , ing organic matter under aerobic condi- • concurrency determination network t. Having harmony in use or function be- tions.(State of Vermont) A listing of all existing and planned 7. tween two or more attributes of a neigh- roadway segments . . . that comprise • borhood or area.(Thornton,Colo.) •composting facility (See also solid the roadway network to be used when waste compost facility) A facility evaluating the traffic impacts of a pro - where of existing together without g P p where organic matter that is derived pri- posed development. (Indian Ri: r conflict or ill effects.(California Planning P P marily from off-site is to be processed by County,Fla.) Roundtable) composting and/or is processed for Any property; use,or service that is ca- commercial purposes. Activities of a •concurrency management system The pable of direct association with certain composting facility may include man- process used to determine that public fa other uses because it is complementary, agement,collection,transportation,stag- cilities and services needed to support de congruous,or otherwise nondetrimental. ing, composting, curing, storage, mar- velopment are available concurrent with (Gurnee,Ill.,which uses the term"corpati- keting, or use of compost. (Boise City, the impacts of such development.(Indian ble use") Idaho) River County,Fla.) yard sale zoning administrator defined under "lot line, rear." (Mont- T— -T' ' gomery County,Md.) I A yard extending across the full width of _ i a lot and lying between a rear lot line of the lot and the nearest point of the build- 10/144. = Z kw, / ing.(Rye,N.Y.) 1+ •yard sale (See garage sale; rummage �: sale) I 7.k,,• yard, side A yard between any L -I.-°-._....1....._.. ..____..J building and the side lot line,extending ZERO LOT LIME from the front yard to the rear yard,or front lot line to rear lot line where no A planned arrangement of buildings Commentary:We have opted to list various front yard or rear yard is required. The which touch lot lines,thereby providing specific zones or zoning districts by the name width of the required side yard shall be zero yard on that side.(El Paso,Tex.) of the zone.So,you will find"floating zone," measured horizontally from the nearest "holding zone," "interim zone," "overlay x point of the side lot line to the nearest A planned unit development in which a "transi- tional "planned zoning district,"' i part of the building.(Multnomah County, structure is sited on two or fewer lot tional zone," and "underlying zoning dis- Ore.) lines with no yard,permitting site design trio"alphabetized under their names. flexibility while increasing the quantity Open space between the side lot line, of usable open space on the lot.(Conyers, • zoning The division of a city or � ' and the side street line or the proposed Ga.) county by legislative regulations into side street line, if such line falls within areas,or zones,which specify allowable the lot,and the nearest line of the build- A common lot line on which a wall of a uses for real property and size restric- ing, porch or projection thereof,extend- structure may be constructed. (Austin, tions for buildings within these areas. ing from the front yard to the rear yard, Tex.) Also, a program that implements poli- or in the absence of either such yards to •zone or zoning district Any section cies of the General Plan.(California Plan- the front lot line or rear lot line. The or sections of the city for which the regu- ning Roundtable) width of a side yard is the shortest dis- lations governing the use of land and the tance between the side lot line and the A police power measure in which the use, density, bulk, height, and coverage nearest point of the building, porch, or community is divided into districts or of buildings and other structures are uni- zones within which permitted and spe- form.For a corner lot in a resides form. (Staunton, Va., which uses the term tial zone defined by two street lines con- cial uses are established as are regula- "district") lions governing lot size, building bulk, - netted by a third line having a length of less than 50 feet(commonly known as a A specifically delineated area or district placement,and other development Stan- , "truncation"),the side yard must be mea- in a municipality within which regula- dards.(Sacramento,Calif) sured from the side street line,not from tions and requirements uniformly gov- Commentary: We have opted to list various the truncation line.(Montgomery County, em the use,placement,spacing,and size specific types of zoning the name of the type.So, Md) of land and buildings. (Siskiyou County, you will find"aesthetic zoning,""airport on- Calif.) n • yard trash (See also waste, yard) ing,""nreawfde zoning,""as-of-right zoning," g' Solid waste solely consisting of vegeta- Any zone as shown on the city's zoning "conditional zoning,""cumulative(pyramidal) Live matter resulting from landscaping map for which there are uniform regula- zoning," "density zoning," "Euclidean :on- maintenance, including grass clippings. tions governing the use of buildings and ing," "exclusionary zoning," "existing use (Alamance County,N.C.) premises or the height and area of build- zoning," "incentive zoning," "inclusionary nags.(Scottsdale,Ariz.) zoning,""performance zoning,"and"spotzon- ■youth hostel A place where travel- ing"alphabetized under their names. ers may stay for a limited duration, as (I)An area of a city or county that has a recognized by the International Hostel unique character identifiable as different • zoning administrator Generally, Association.(Fairbanks North Star Borough, from surrounding areas because of distinc- the local official responsible for granting Alaska) tive architecture, streets, geographic fea- zoning permits and, following a deter- tures,culture,landmarks,activities,or land mination by the zoning board,for special •zipper lot(See lot,zipper) uses.(2)A portion of the territory of a city permits and variances. Decisions of the zero lot line A detached single-family or county within which uniform zoning official usually are appealable. In some unit distinguished by the location of one regulations and requirements apply; a places,the term is used to mean the hear- exterior wall on a side property line. zone.(California Planning Roundtable) ing examiner. (PAS Report No. 322, The (California Planning Roundtable) Language of Zoning) zoning amendment •zoning amendment A change in The map or maps that are a part of this - a - the wording,context,or substance of this zoning code and that delineate the P"N title or a change in the zoning or district boundaries of all mapped zoning dis- boundaries of the official zoning map,to tricts within the physical boundary of be made a part of this title. (West Des the city.(Newport,R.I.) ,Moines,Iowa) •zoning permit A document signed • zoning certificate A document by the zoning officer,as required in this signed by the zoning officer,as required chapter,as a condition precedent to the by this zoning code, which acknowl- commencement of a use or the erection, edges that a use, structure, building, or construction,reconstruction,restoration, lot either complies with or is legally alteration,conversion,or installation of a nonconforming to the provisions of this structure or building, which document zoning code or is an authorized variance acknowledges that such use, structure, or modification therefrom. (Newport, or building complies with the provisions R.I.) of this chapter or an authorized variance •zoning code(See also unified develop- therefrom.(Siskiyou County,Calif.) ment code) The duly approved, en- Written approval by the zoning adminis- acted,and amended ordinance that con- trator that is required before commenc- trols and regulates land use in the city. ing any construction, reconstruction,al- Wart/land Heights,Mo.) teration of any building or other struc- ture or before establishing,extending,or An ordinance enacted by the city council changing any use on any lot. (Nashville pursuant to [state law] that sets forth and Davidson County,Tent.) regulations and standards relating to the nature and extent of uses of land and • zoo An area,building,or structures structures, which is consistent with the which contain wild animals on exhibi- comprehensive plan of the city,which in- tion for viewing by the public. (Cecil eludes a zoning map,and complies with County,Md.) the provisions of [state law]. 'Newport, it zoo, private Any lot, building, R.I.) structure,enclosure,or premises where- •zoning enforcement officer (See also upon or wherein are kept by any person, code enforcement) The officer desig- other than a municipal corporation, the noted by the [jurisdiction] as the officer United States, the state, or any political responsible for enforcing and adminis- subdivision thereof, two or more wild tering the requirements of the ordinance. animals, whether such keeping is for (McHenry County,Ill.) pleasure, profit, breeding or exhibiting, . and including places where two or more •zoning lot A lot or portion thereof wild animals are boarded, kept for sale within a single zoning development dis- trict,except as permitted under planned or kept for hire.(Carlsbad,Calif.) development or joint use approval shall be considered and treated as one zoning lot.(Maui County,Hawaii) •zoning map A map that graphically shows all zoning district boundaries and classifications within the city, as con- tained within the zoning code,which is signed by the community development director and on file in the planning de- partment.(Escondido,Calif.) The map adopted as an ordinance by the municipality that delineates the extent of each district or zone established in the zoning ordinance.(Grand Forks,N.D.) 261 cw.UL.Ut . 205. ZONING (Ref. 24, 28, 37, 53, 58, 70, 84, 87, 88, 93, 95, 97, 98, 99, 100, 101, 107, 108, 110, 116, 117, 120, 127, 128, 129, 130, 131, 132, 133, 135, 137, 138, 139, 140, 142, 143, 145, 146, 147, 149, 150, 151, 152, 156, 160, 162, 163, A 164, 165, 167, 169, 173, 174, 175, 181, 185, 186, 187, 192, 195, 198, 199, 202, 203, 205, 209, 212, 217, 225, 226, 231, 232, 233, 236, 238, 239, 242, 246, 248, 252, 260, 261, 263, 265, 266, 267, 268, 271, 272, 277, 282, 283, 284, 300, 305, 307, 309, 310, 315, 316, 324, 325, 332, 336, 337, 339, 340, 345, 346, 349, 350, 354, 357, 359, 362, 368, 375, 380, 381, 388, 395, 399, 406, 409, 412, 415, 416, 417, 418, 419, 424, 436, 441, 443, 452, 454, 459, 460, 470, 473, 476, 477, 478, 480, 482, 483, 484, 491, 494, 497, 510, 513, 515, 517, 518, 519, 523, 531, 537, 547, 554, 555, 564, 569, 571, 578, 581, 582, 584, 591, 604, 607, 608, 609, 613, 620, 621, 626, 627, 632, 634, 656, 657, 669, 670, 678, 679, 685, 691, 693, 696, 698, 703, 711, 716, 728, 731, 736, 737, 750, 751, 755, 761, 775, 777, 804, 842, 845, 864, 888, 900, 951, 952, 960, 966 and City Code Appendix D--Zoning Map Changes) (This Chapter has been recodified as of March 21, 1991, and includes all amendments to the Chapter enacted by the City Council prior to said date) (Second Reading: February 25, 1991) 205.01. PURPOSE PURPOSE The following zoning provisions and the zoning map established hereby have been enacted for the purpose of protecting and promoting the public health, safety, comfort, convenience, prosperity and general welfare of the City of Fridley. 205.02. GOALS GOALS These zoning regulations are intended to achieve the following goals: 1 . To develop and promote the economic well being of the community. 2. To promote sound land management and orderly development of the community. 3. To improve and promote safety in all transportation movements in the community. 4. To promote safety from disasters including fires, floods, etc. 5. To regulate the density of development in the City and to ensure adequate service by governmental facilities including streets, schools, recreation, fire protection, police, utility systems, drainage, etc. 6. To promote the conservation and improvement of the environment through a desirable and workable arrangement between natural features, land uses, transportation and energy systems. 7. To conserve and improve the economic value of land and buildings in the community. 8. To promote an economic base capable of supporting a desirable n standard of living for all residents. 03/91 205 -1 205.03.07. . 9. To maintain the City's image. 10. To provide for and maintain a diversity of suitable housing and living environment for all persons. 11. To achieve the goals and objectives and to guide and direct the community's development based on the "Comprehensive Plan" as adopted by the City Council. 205.03. DEFINITIONS DEFINITIONS For the purpose of this Chapter certain terms and words are hereby defined: Words used in the present tense shall include the future; words in the singular include the plural, and the plural the singular; the word "building" shall include the word "structure"; and the word "lot" shall include the word "plot"; and the word "shall" is mandatory and not directory; and the word "including" shall mean "including, but not limited to" . 1. Accessory Building or Use. A subordinate building or use which is located on the same lot as the principal building or use and is necessary or incidental to the conduct of the principal building or use. 2. Alley. A public right of way less than thirty (30) feet in width which affords secondary access to an abutting property. 3. Alternate Energy Devices. Non-fossil fuel energy devices. 4. Apartment. A room or suite of rooms in a multiple dwelling which is arranged, designed, used or intended to be used as a dwelling unit for one (1) family. 5. Automobile Service Station. A place where fuel and other essential services related to the operation of motor vehicles are retailed directly to the public. This does not include motor vehicle repair. 6. Bicycle Lanes And Ways. A bicycle lane is any portion of a roadway set aside for the exclusive use of bicycles or other vehicles propelled by human power and so designated by appropriate signs and markings. A bicycle way is a path, sidewalk or portion thereof designated for use by bicycles or other vehicles propelled by human power. 7. Block. That property abutting on one side of a street and lying between the two (2) nearest intersecting or intercepting streets or nearest 10/90 205-2