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RES 2012-13 - 14897RESOLUTION NO. 2012 - 13 A RESOLUTION ORDERING 2012 STREET REHABILITATION PROJECT NO. ST 2012 -01, AUTHORIZING PREPARATION OF FINAL PLANS AND SPECIFICATIONS, AUTHORIZING THE ADVERTISEMENT FOR BIDS, AND AUTHORIZING PREPARATION OF PRELIMINARY PROPOSED ASSESSMENT ROLL FOR PENDING ASSESSMENT REPORTING PURPOSES WHEREAS, on October 24, 2011, the City Council passed Resolution 2011 -56 calling for the City's Public Works Engineering Division to prepare a feasibility study and prepare preliminary plans and specifications for Street Rehabilitation Project No. ST 2012 -01 ("2012 STREET REHABILITATION PROJECT NO. ST 2012 -01 "); and WHEREAS, on December 12, 2011, the City Council passed Resolution No. 2011 -70 which received the feasibility study recommendations of the Public Works Director prepared pursuant to Minn. Stat. § 429.031, Subd. 1(b); and called for a public improvement hearing on the matter of the construction of certain improvements listed in the feasibility study concerning 2012 STREET REHABILITATION PROJECT NO. ST 2012 -01 to be noticed pursuant to Minn. Stat. § 429.021, Subd. 1(a); and WHEREAS, the City noticed a public hearing on 2012 STREET REHABILITATION PROJECT NO. ST 2012 -01for January 23, 2012. A Notice of Public Hearing was published by the City's official newspaper on January 5, 2012 and January 12, 2012 and was mailed to affected property owners on or about January 10, 2012, pursuant to Minn. Stat. § 429.031, Subd. 1(a); and WHEREAS, the Notice of Public Hearing for the public hearing on such proposed improvement on January 23, 2012 was flawed in that it did not list the estimated costs of improvement; and WHEREAS, at the January 23, 2012 public hearing, the hearing was cancelled due to the publication flaw and a new public hearing on 2012 STREET REHABILITATION PROJECT NO. ST 2012 -01was ordered for February 13, 2012; and WHEREAS, a Notice of Public Hearing was published by the City's official newspaper on January 26, 2012 and February 2, 2012 and was mailed to affected property owners on or about January 26, 2012, pursuant to Minn. Stat. §429.031, Subd. 1(a); and WHEREAS, the public hearing regarding said improvements was held thereon on February 13, 2012 at which all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, 2012 STREET REHABILITATION PROJECT NO. ST 2012 -01was not initiated by a petition that had been signed by the required percentage of owners of property affected thereby; and therefore this Resolution ordering 2012 Street Rehabilitation Project No. ST 2012- 01 must be adopted by at least a four -fifths vote of all members of the Council pursuant to §429.031, Subd. 1(f); Resolution No. 2012 -13 Page 2 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA: 1. 2012 STREET REHABILITATION PROJECT NO. ST 2012 -01 is necessary, cost - effective, and feasible as detailed in the feasibility report. 2. That the improvements and design features proposed in the feasibility report for 2012 STREET REHABILITATION PROJECT NO. ST 2012 -01 are hereby ordered to be effected and completed as soon as reasonably possible, to -wit: Street improvements, including pavement reclamation, bituminous paving and ancillary work, including water main reconstruction and utility repairs associated with these improvements, to be constructed on the following streets: 4th Street 67th Avenue to Rice Creek Terrace 6th Street 67th Avenue to Rice Creek Terrace 7th Street Mississippi Street to 480' N of 68th Avenue 66th Avenue University Service Road to East Cul -de -sac 67th Avenue University Avenue East Service Road to Monroe Street 68th Avenue Rice Creek Terrace to Washington Street Clover Place Monroe Street to Jackson Street Jefferson Street 67th Avenue to approximately 590'north Monroe Street Mississippi Street to 67th Avenue Rice Creek Terrace University Avenue to 68th Avenue University Ave East Service Road 66th Avenue to 67th Avenue Washington Street 67th Avenue to approximately 500' north of 68th Avenue Oakley Street Mississippi Street to 620' north Fourmies Avenue University Avenue East Service Road to 5th Street TH 65 West Service Road 73rd Avenue to 2000' south That the work be incorporated in the 2012 STREET REHABILITATION PROJECT NO. ST2012 -01. 4. That 2012 STREET REHABILITATION PROJECT NO. ST2012 -01 is hereby ordered by this Resolution in conformance with Minnesota Statutes, Chapter 429. 5. That the work be performed under this project may be performed under one or more contracts as may be deemed advisable upon receipt of bids. Resolution No. 2012 -13 6. That the Director of Public Works, James P. Kosluchar, is hereby designated as the engineer for this improvement. He shall oversee the preparation of plans, specifications and estimates of costs thereof for making of such improvements. 7. That final plans, specifications, and estimates in substantial conformance with the design features desired and approved by the City Council at the February 13, 2012 public hearing are prepared by the Public Works Department and provided to the City Council as they are completed. 8. That the Public Works Department is hereby authorized to call and advertise for bids in order that project award and construction can be considered. 9. That the construction contract shall be let /awarded no later than two years after the adoption of this Resolution pursuant to Minn. Stat. §429.041. 10. That the City staff and City Public Works Department are hereby authorized to prepare a "preliminary" proposed assessment roll for all affected properties. Said "preliminary" proposed assessment roll shall be used for pending assessment reporting purposes. Page 3 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 13th DAY OF FERUARY 2012. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK