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02/11/1980 - 5659OFFICIAL CITY COUNCIL AGENDA PUBLIC HEARING MEETING. FEBRUARY 11, 1980 <<� .- U� �RID�.EY C1TY COUNC I L � � — 7�3Q P,M � PUBLi C HEAR I fJG �1EET I NG, FEP_�RUARY 1.].., 1.980 . � , MLf'�0 Ta: De►�nstTr��r�T HC11I)S � FOLLOIJING ARE THL- "�1CT10NS (dEEDEDI� � Pl_EI�SE HAVE YOUR ANSVdERS ` F3AC1< I v TI-iE C I TY �`�ANAGER � S OF F I CE BY i HE ti'�EDiJESDAY BEFORE THE � NEY.T REGUL�R COUi�C I L M�ET I ��G � TI-lANK YOU .�,�1��cz. �Z� /9�'0✓ + � � ADOPTIO�V �F AGENDA: Adopted as subr►i tted f'UBLI C �-�F�R I fU�S : PUBLI C I�EAR I NG ON V�,CATI Oi� R�t�UEST, SAV ?�T�—O�, TO ��ACATE DR/�I NAG� AND �iiI LI TY E/�SEMEIVTS I N ALICc �'rEaLL ADDI°iION, BY RICHARD �F�HN o � � � � � � � � � � �. ° �-C Pub]ic Hearing apen�d at 7:36 P.M. Closed at 7:40 P.��i. PUBLIC In�ORKS ACTION P�EEDED: Put Consideration of Vacation Request on n�xt Council � � Agenda for consideration OLD BUSINESS; DTSCUSSION OF FUTURE FUNDING FOR ISLANDS OF � PEACE �TABLED �.I21�FO) � � � � � � � � � � � � � � , � � ' Z — 2 a � Fundiny discussed . p_FINANCE ACTION NEEDED: Report back to Council on status at later date 0 OLD BUSI�,�SS �COf�TIN'JED) � . . . � CONSIDERATION OF A ZESOLUTION FOR INI"TIAL APPROVAL � ' OF OFFICIAL DRAFT DEVELOPMENT PLAN FOR T,�E CITY OF , . FRIDLEY FOR StJBMISSION TO aDJOINING �OMh1UyITIES ' F0� i�EV I EW AND �O,^1MENT �TABLED 2/4/3�) � � � � � .. � � � 3 � Resolution No. 11-1980 adopted � ' , PUBLIC WORK ACTION NEEDED: Amend comprehensive plan on Page 5-5,.Item 6�A, by� taking out sentence in parenthesis. Proceed with submission to surrounding communities �IE� �US I ��ESS : �ONS I;�ERATI Ofv OF AU'i HOR I ZI iVG SETTLEMEiVT -0F �-1�V SJIT� � � � � � � � � � � � � , � � � � � � � � � � 4 Tabled • P�0 ACTIOfd N�EDED �ONSID�Rs�TIOi� OF �rECO�If"IC�TIOh� OF �ITY �O�E� � � , � � 5 - 5 � Concurred with proposal to recodify code as ordinances amended CITY MANAGE ACTIOf� NEEDED: Proceed witl� recodification by Chapter � AGE S 'I ►,F��i �US 1 � IESS C CONT I NUE� ) . , f, � , I �GNSID�RaTIO�d OF A 2ESJLU"t'ION �IRECTING T;�E ISS�1APdCE � OF TEP�PORARY I(�PROVEMENT �ONDS IN ACCORDANCE WITH ' � LAws o� 19�7, CHAPTER 3��, 1�71-1 araD 197�—Z STREET , IMPROVEMENT PROJECT, SECOND ISSJE� � � � � . � � � � � �. 6 — 6 E , Resolution No. 12-1980 adopted . . I� FIPIANCE ACTIOfd NEEDED: Proceed as authorized , , COiVS I DERAT I O;d OF A�iESOLUTI Oi� � I RFi.T I NG Ti-IE SALr � AfdD P1JRC}-IASE OF TEP�iPORARY IMPROVEMENT BONJS IN � aCCOR�,�NCE i^lITH T�-IE L�WS OF l��I, CHAPTER 3�5 1971-1 aND 1�7�-2 S-rR�.E-� Ir��ROV�^�1Fi� i PROJECT, SECOf�� ISS�JE � � � � � � � � � � , � � � � � � � � � � � � � Resolution �do. 13-i9�0 adopted FI�IAP�CE ACTIOPI PdEEDED: Proceed as authorized � �LAIMS � � � � � � � � � � � � � � � � � � � � � � � .� � g Approved FINAPICE ACTION ��EEDED: Pay claims . .� , Funds for 49er's Celebration Approved up to a maximum of �3,000 on the basis of vouchers submitted to the City. FIi�ANCE ACTION NEEDED: Set up system for payment of vouchers for 49ers. up to $3,000. 0 A�J�U �;d:. �:30 P.�. � FRIDLEY CITY COUNCIL MEET�NG PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE: February 11, 1980 NAME ADDRESS I7EM NUMBER J����' i h� �c� �01=ei_________________� i-� � � _ �_= G �2e� _______________--_______-_-= � � 1-� L�-� � � �. � V� � � �otZF._.�.�N � � 1 PUaLiC HEAair�G � BEFORE THE � ' CI7Y COU�lCIL Notice is hereby given that there will be a Public Hearing of the City Council of the City of Fridley in the Cit,y Hall at 6431 University Avenue Northeast on Monday, February T1, 19�0 in the Council Chamber at 7:30 P.T1. for the purpose of: Consideration of a Vacation Re�uest, SAV #79-05, by Richard Kahn, to vacate the following drainage � and utility easement: , . Drainage and utility easement over the south �0 feet � � _ of Lots 1 and 2, Block 7, A1ice Wa11 �dditian; Drainage and utiiity easer�ent over the south 70 fe�t and the east 5 fe�t of Lot 3, Block 1, Alice Wall F,ddition; Drainage and utility easement ever the west 5 feet of Lot 4, Block l, Alice 41a11 Addition; Orainag� and utility easement over the west 5 feet of that part of Lot 5, B1ock 1, 4ri�ich lies north of the easterly ex�ension of the seuth iine oT Lot 3, s�i� Block 1; and the west 10 feet of that part of Lot 5, 81ocK 1, which lles south of the easterly exten�ion c�f �he south line of i.ot 3, said Block 1, Alice 4Jali addition; Drainage and utility easement over the west l0 feet of Lot 6, Cilock 1, Alice Wali Addition; Drainage and utitity.easement over the l�est 10 feet of Lot 7, B1ock 1, Alice W.ali Addition; and All that part of the �rainaye and uti7ity easement on Lot 24, Slock 1, which lies west of-a lirie drawn parallel with and distant 356 feet east �f the most westerly 7ine of said Lot 24, Alice Wa�l Add�tinn; All lying in the South Nal� of Sectic�. 14, T-30, R-24, City of Fridley, County of Anoka, Minnesota. �� Generally located bet�,veen �th Street and 7th Street N.E. along Mississippi Street P:.E. Anyone desiring to b�e heard with reference to the above matter will be heard at this meeting. � WiLLIA�i J. P�EE . MAYOR . Pub1 i sh : Jan�.�a ry 23, 1980 Jan��ary 30; 1980 r CITY OF FRIDLEY PLANNING COMMISSION MEETIPYG JANUARY 9 1980 C�I.L TO ORDER : Chairman Harris called the January 9, 1980, Planning Commission meeting to oxder at 7:45 P.M. ;� � tl i ROLL CALL° Members Present: Mr. Harris, Mr. Treuenfels, Mr. Langenfeld, Mr. Oquist, Ms. Gabel Members Absent: Ms. Hughes Others Present: Je�rold Boardman, City Planner Bill Deblon, Associate City Planner APPROVAL OF DECII�IBER 19, 1979,__PLANNING COr'�'IISSION I�lII�TUTES: ' MOTION by Mr. Langenfeld, seconded by Mr. Treuenfels, to approve the December 19, 1979, Planning Commission minutes as written. IIPON A VOiCE VOTE, ALL VOTING AYE, CHAIRMAN HARRTS DECLARED THE MOTION CARRIED UNANIMOUSLY. �• VACATIOI� REQUEST, � TM 79=05 RI�NARD �'.AN�,: l'acate -�� . ' the :lrainage and Uti7it ���ents,.��: �n �loc� l, RTice Wa71 Fddit�on: The sauth 10 Teet of Lots 7 and 2, over the south 10 feet and the e�st � feet of Lot 3, n�rer ii�e v�rest 5 f�°t of Lot 4, over �hG a�aest 5 feet o� ! ot 5; vrhi ch i i es � ttortn of th� east�rly e;:t�nsion �fi� ttae so�:zh line or L�t 3, ' and the ��resi ��J feet o� that par � of Lot 5, whi ch i i es south �af thE easterly ex�;ension �r the south �ine of Lot 3, over ihe ; west 10 feet of Lot b, cver the i�r�st 10 feet of L�± 7, and � on Lot 21:, svhich lies �•�es� of a�iin� dra�•rn parallel �v�ith and : distant 355.0 feet east of ihe most westeriy line o� said � Lot 24 and its northerly extensior.. • Mr. Boardman explained these easements were placed on the nlat originally to allow for the handling of any potential drainage problem. Ho�;evex, the pond that was located on the final building plan would be capable of handling a 50 year storm and the staff felt that would be adequate drainage. The garages and townhouses have been built over Chese easements. He further e�plained grading has been completed for the pond and any further grading would only be on the residential lots. That grading would not affect the pond si�e. Mr. Boardman added the pond taould normally have a few areas of standino water, but basically the pond would only have ti�ater in it after a rain or melting pexiod. MOTION by Mr. Langenfeld, se�conded by rir. Oquist to approve Vacation Request SAV ��79-05, by l:ichard halin. tTPdN A VOIC� VOTE, ALL VOTING AXE, CHAIRMAN HARItIS DI:CI.AT.�D T1IE MOTION CAItRIED UNANirfOUSLX . . , . ..�. . .... __ '•.r' - .: : �ao- ..�. .,� '. . t .. ,'. , ., . . .. �o.: , ���.. �' .. .'1�.+ , .'_• .. .. ,.. . :.. . . . . . . . „� � . . �„ � � , „ ,�,,�--�� �. . - . �klQ _.. ` }f}G�tiddt�lf� - .:.: , .�--�L�- ::� Qx� �'� 1 P . `!. �� tr„� •.'° se io q'O 42p 440 �46os 49o�;,p`;) • S�� ��b �5(0 52o S g-•rs�. � ` Z ~ � � ' � 6A9c� o < El �.. 0 4i.� � : � ��� � � , / o , tiQ..+c , 9 ; ? ; .. S . . � 2 ; 3. �a �w: •�i z : a ��;� a-� YW��, 2.�..�.-. _ �� N i.iorK 4 .. I .. . . �.. ... �....... . \ ,_ �_. . . y � � :�AG : ` d � J ti N . { �� � L� ' ._..,v. �teti: � - .. a 7Q �� .. r �,� �.o , ��. 3 �'� . � „ � 5 - ' �.� p„ �y� y � � �,. jt. r � : '' .y •� !�• , . _ .. ,/ � �� 4,_w. . �x ;... _.,.�_.�:�. t ��,},�';r;�.! �: ' rJO-. st��,. tf aQ, o = "" s" � . ,. _ tt : ' �.. �� :f-. " . . ;: I. 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(} S � � 1fs . � t20 OI `{ ._ x o°jN \�� Drair.a4= d Ut �_ ul I }" 0 1 i ty o�'J ' o c� + � + �jz / • Easc�eit� �—"r� „ e� ° ' ' t� �� L� _ � i � � � .� �� i : : � uo��sa•a3`R�. t � � � ' i. o ui- . 1 0. a r< � c ( — /'';; � _!�� nn�^s�'�S`�v `_: �.. i � r ' , •- - - = r� o,zr.-. � . . , - _ ��� a i - . .�-r-v,r� I - - � �, - i O � o y-= � � ,,, �w �.�M -- -- ' - i ; �_, _ � . � r 9n', � . :a � 0 1 :u� � 3 . , • 1 �', t�tf3°}y�S W �'_. - � n� ��, �'.. o�., . �!u o_ i� � o IaJc ,� �, �. 3 � :.2 Z � ., � a _ � � . �--,-- � �: a,,. �:,_';. ..'D 21 . �'; 2 p � i 9 �'`' °' ' -�- 4 1 � K �G�,�� ` . 4:�] �� �'n ' N o �,'� . `' � � � O� p /� 1. , -\ IL:\I an a � v ' � �� y ��- . , t�+�.� r�;r ' �SOO 75Q0 ' N_ a,� z ¢� o `H:>JAp " � . 7 � O'.I S �; �.9 �� t� �" • C � , � �2 �S 00 "t - /:. ��' �:7�'•' �O � CJ��i.J " !c� '�_. \ �"'���_.�.��` 1._�'- � J �------- r�� �an�J ��� Ljf � ' , •j ` _ �. • `• 1). + / _� � `___�__ . -.�,� C_. ��- ►_� _ :.� ' . � -.. j �? o �'�^ �� / --� . � i G»_ n C._ ' �, ao i Yo � � �, f � . 1 , o � r � � ? ,-: :'' � 1 i G � � � 7 1 .�. .1 <� ��` ' . ° f � � � �. .. ... __ f� � f � /`�; -, � ; � �r � � � =, � � � � t � ��?�-1 .�� I �r - f'n 2 ' . ��� /` � �` �A �-��- ��' CITY OF FRIDLEY MEMORAPIDUP� T0: NASIM M. QURESHI, CITY MANAGER, AND CITY COUNCIL FROM: MARVIN C. BRUNSELL, ASST. CITY MGR./FIN. DIR. SUBJECT: ISLANDS OF PERCE PROJECT DATE: DECEMBER 28, 1979 Attached is the November report for the Islands of Peace Project. The funds received from the $150,000 Grant, interest earnings, and other revenues have been substantially depleted with the construction of the shelter building and other related expenses. As of the end of November there was an uncommitted balance of �1,563.00. This is quite a small reserve considering the fact there may be some unknown expenses. There wi71 be heat, light, and water bil?s coming in each month as we11 as insurance and other fixed expenses. I am bringing this to the attentian of the Council and the islands of Peace Foundation at this t�me.as it appears the tir�e is a� hand when some understanding wili have to be reached as to how the future fixed expenses wili be handied. That is, how will the uti7ity bi1Ts, insurance etc. be paid once the balance of the balance of the grant is us�d? cy: Islands of Peace Foundation MCB:gj i , - 2A CITY OF FRtOLEY, MINPJESOTA . � ° ISLANOS OF PEACE $i50,000 GRANT • � November 30, 197g � FUND 26 . PROGRAM 339 . . . .' REVENUE Grant $150,000.00 . interest � 8,559•72 Donation ° Rotary Club 966.94 Total Revenue to Date � $159,526.b6 . � EXPENSES � � Personal Services $ 593•�1 Ar�fiitect 18,78°.98 .Suilding Materiais and Contracts " 75.203•99 Miscellanious Supplies 32•92 Purchase of Land 5f,$35.04 lns��rance 2,2�t1 .00 Sateilite Services 1,45g.11 Permits 526.90 Equipment Rental 188.35 Too1s � 48.57 k4eating Gas � 537•55 Other ' 334.59 Total.Direct Project Expenses $151,7q1.81 . OTH�R (EXPENSES rl�T RELAT�D TO PROJECT) � Gasoii.ne and Mileage �$ 232.$2 Utility Bills :i 938.92 Toots �± 8b.95 ' 8rochure - - 67.18 Repair of Boat 1,007.09 Old Insurance Bills , 1,89i.00 Ofher 292.71. . Tota1 Other Expenses $� 4,514.67 . Tota 1 $156, 306. �+$ ;, ' Balance � $ 3,220.18 Less Encumbrances . ' (1,6;6.j�6) Sf1LANCE: November 30, 1979 . $��� RESOLUTION N0. - 1980 A RESOLUTION FOR INITIAL APPROVAL OF THE �FFICAL DRAFT OF TH� COMPREHENSIVE DEVELOPMEN7 PLAN FOR THE CITY OF FRIDLEY FOR SUBMISSION TO AOJACENT COMMUNITIES FOR REVIEW AND COMMENT WHEREAS, The City of �ridley has been developing its comprehensive d�velopment plan as required under Minne�ota Statutes of 1976 Chapt�r 127 (Metropolitan �and Planning Act): and WM�R��S. The City of Fridley has provided for pub1ic input through its CQmmission process and public hearings: �nd WHEREAS, The Planning Commis�ion of the City of Fr�dley has recommend �pproval of the Offieial D�aft Qf th� �Qmpreh�nsive Dev�lopment Pl�n of the Cj�y 9� Fridl�y NOW iHEREFORE, BE Ifi RESOLVED by the C��y Coun�il of th� City of Fridley that �he Official Draft Comprehensive �lan for th� City of Fridley b� given �ni�ial approval and submitted to ad��een� �ommuniti�s fqr Revi�w and Comm�nt, RA�S€D �tJD ADOPTED BY THE CIfiY GpUN�IL Q� TH� �ITY OF FR�DL�Y THIS DAY p� ► 1�$Q. AfiT�ST: � �: E1�K = MARV� N� . , . RUN S� _ � "���� sl-u�il�►tl-�^ __ _ � � _ �, � 3 0 FQR CONCURRENCE BY THE CITY COUNCIL CO�dSIDEPATIO�d OF AUTHOP,IZI�lG SETTLEr1EP�T Q� LAW SUIT �I�IFORMATION IS IN YOUR AGENDA ENVELOPE) 4 '� ;■ MEMC]RI�NDUM �S �Q CiTY OF FRIDLEY OFFlCE OF THE CITY MANAGEFt (/0 6431 UNIVEQSITY AVE. tVB.. NASaM M. QU��SHI FRIDIEY� MN.. b5432 (6?ZI571�345.7 h1EM0 T0: FROM: RE: February� 8, 1980 THE HQNORABLE MAYOR AND CITY GOUNCIL CI7Y MANAGER RECODIFICATIOPJ OF CITY CODE We are trying a new experiment because of the word pracessing machine we have. Everytime there are changes made io any �hapter of the code, we will put that chapter on the word pr�cessor and �incorporate the ordinance changes or revisions made by the Council. Then that chapter wi11 be "recodified" as of the date of the last amendment. In this way, over a period of time, we hope ta have the whole code on the word processing machine and have a fairly current City Code. This procedure has been reviewed with �he City Attorney and he concurs with it. Attached are examples of the type of housekeeping changes we are making, along with a whole copy of the newly codified Cable Televi�ion Franchise Chapter as of February 28, 1980 (15 days after publication of the iast ordinance amendmentl. NMQ/ms Attachment 0 u 405.0�� � 5 A ' - *(New wording or housekeeping chanye� A05. CABLE TELEVISION FRANCNISE ' �� (REF. 496, 522, 545, 572, 646, 701, 706) +� This Chapter has been codified as of february 28, 19°0 and includes aTl , amendments to the Chapter enacted by the City CounciT prior to said date) 405.01 CREATION The fridley City Council does ordain that it is in the public interest to permit the use CREATION of public rigl}t-of-ways and easements for the construction, maintenance and operation of table communications systems under the terms of the following Franchise Ordinance; said Public Purpose being specifically the enhancement of c�mmunications within the.City, and the expansion of communications opportunities outside the City. (Ref. 701) 405.011 DEFINITIONS DfFINITIONS For the purposes of this chapter, the following terms, phrases, words, and their derivatives shall have the meaning given herein. When not inconsist2nt with the context, words used in the present tense include the future, words in the piural number include the singular number, and 4�ords in the singular number irclude the plural number. The word "snall" is al�.rays mandatory and not merely directory. 1. "City" is the City of Fridley. . 2. "Company" is the grantee of rights under this franchise. 3. "Council" is the City Council of the City of Fridley. 4. "Commission" is the Cable 7elevision Commission of the City of Fridley. 5. "Person" is any person, firm, partnership, association, corporation, company, organization, or individual of any kind. 6. "Suhscriber" is a�7y person who ilas a contract with the company for service. In the case of r�iulLip7e o�fice buiidings or muliiQle d:+elling bui;ding�, th� "subscriber" shall be deem2d tiie lessee, tenant or occupant. 7. "Cable 7�levision System" (CATU System). Any facility that, in whole or in part, receives dir2ctly, or indirectly over the air, and amplifies or otherti��ise modifies tne 5igna15 transmitting programs broadcast by one or more television or radio stations and distributes such signals by wire oi° cable to subsct•ibing memoers of the public, 'r�hG pay for such cer•vice, but such terms shall not inc lude ( 1) any such faci 1 i �y that serves, feker than 50 subscribers, or (Z) any such facility tnat serves orly the residents of one or more apartment d.�ellings und�r cc.:nmon o��;nersh�ip, control, or man�gement, and commercial establishments located on the premises of such an anartment house. The CATV System shall also include all cable casting originating by the franchisee and other nonbroadcast use of cable television; such as, the provision ot channels dedicated to public access, educaiional use, governmental, and nonprofit institutions use. The Cable Television System shall be subject to ciiange to meet the development of technological advances and be adaptable to "the stcte of the art". * 8. "Installations" is the fixing for use or th2 Wt/t/}"}'�' putting in place in a room the eQuipment necessary for reception of signals from ttie CATV System, exclusive of a television or radio receiver. 9. "Gross Revenues" shall mean an,y and all compensation and other consideration collected or received, or in any i�ianner gained or derived by the Company from the operation of its �ab1� television service, including but not limited to advertising, leased channel fees and originatian or access �ablecasting operations for which a per-program or per-channel charge is made, �•iithin the corporate limits of the City of Fridley, as such corporate limits now exist or may bc established hereafter. � 405-1 * The company shall save and keep harmless the City, the City Council and ail City employees and commisssions, from any suit, judgment, execution, claim or demand whatsoever which may be asserted or recovered against it based upon or arising out of the tonstruction, maintenance, operation of the system or any part thereof. This shall be guaranteed to the City by a public liability and property damage policy naming the City, the City Council and all City employees and commissions, as co-insureds, and approved by the City Council in the amount of: j 75,000 for property damage to any one person, ; 150,000 for property damage in any one occurrence, � 500,000 for bodily injury to any one person, • 51,000,000 for bodily injury in any one occurrence, to be negotiated and paid for by the company. The insurance shall be obtained from a tompany acceptable to the City Council and a certificate of coverage shall be provided to the City. The policy shall state that the City shall be notified in writing by the insurer thirty (30) days in advance of any cancellation or termination of any such policy. The City �,t,ifi/l�b��/ shall �r���r�YYy periodically review the above insurance provisions; and, if it is determined that the insurance coverage is inadequate, additional insurance may be required by the City Council and sha11 be provided for by the company. 405.18. OPERATIONAL STANDAROS The CATV system shall be installed and maintained in accordance witht the highest accepted standards of the industry to the end that the subscriber may receive the most desirable form of service. 405.181. MINIMUM REQllIREr1ENTS: 1. The the system is designed and rated for 24 hour a day continuous operation. * 2. That the system (ylj'y will and does produce a picture upon any subscriber's television screen in biack and rrhite or color (provided the subscriber's television set is capable of producing a colored Qicture) that is undistorted and free from ghost images without material degradation in quality within tiie limitations imposed by the technical state of tne art, and providng the subscriber'S television receiver is in good repair and properly adjusted. 3. That the system tra�smits or distributes signals of adequate strengih of produce go�d pictures with good sound to all television receivers in good repair of all subscribers without causing objzcCionable cross-modulation in the cables or interfering with other electrical or electronic systems or the reception of other television or radio receivers in the area not connected to the system. ! 405.183. INTERRUPTION OF SERVICE Whenever it is necessary to shut off or i�terrupt service for the purpose of making repairs, adjustments or installations, tiie company shall do so during periods of minimum use of the system by subscribers. Unless such interruption is unforeseen and 'immediately necessary, it shalT give reasonable notice thereof to its customers. All costs incurred in repairing and correcting reception interference shall be borne by the company. 405.184. BUSINESS OFFICE The company shall maintain an office in the City which shall be open during all usual business hours, have a listed teleplione, and be so operated that complaints and requests for repairs or adjustments may be received at any time. aos.�sa 5 B OPERATIONAL STANOARDS MINiMUM REQUIREMENTS INTERRUPTION OF SERVICE BUSINESS OFFICE 405-2 �� �. �'. / MEMORANDUM 6 � CITY OF �r� z, : �� : ' ` � �. � �- � . ,� � ♦ DATE FROM FEBRUARY 7, 1980 MARVIN C. BRUPJSELL suB�ECT 1979-1 and 1979-2 STREET IMPROVEMEPdT PROJECT CITY MANAGER CITY COU�lCIL TO ACT I1NF0 Attached are resolutions directing the sale and purchase, and issuance, of $100,000 of temporary improvements bonds for the 1979-1 and 1979-2 Street Improvement Project, Second Issue. Previously $400,Q00 in temporary bonds were issued for this project under the date of August 1, 1979. MCB:c � , RESOLUTION N0. - 1980 A RESOLUTION DIRECTING THE ISSUANCE OF TEMPORARY IMPROVE- MENT BONDS IN ACCORDANCE WITH LAWS OF 1957, CHAPTER 385 1979-] AND 1979-2 S7REET IMPROVEMENT PROJECT, SECOND ISSUE BE IT RESOLVED by the Council of the City of Fridley, Anoka County, Minnesota, as follows: � . SEC7ION 1. The total estimated cost of 1979-i and 1979-2 Street Improvement Project, Second Issue has been estimated at $100,000.00. SECTION 2. It is now estimated that the s necessary to provide financing it is hereby determined to be for the payment of obligations necessarily incurred in connec improvement project. um of $100,000.00 is currently af the project above noted, and necessary to borrow said amount now ineurred and for expenses tion with the construction of said SECTION 3. There is hereby created a 1979 Street Improvement Project, Second Issue Fund which shal� contain a constru�tion accaunt as part thereof into which shall be paid all proceeds of temporary bonds issued pursuant to this resolution and subsequent � resolutions, and out af which shall be paid all amounts due and payable as costs or expenses ir,cident to or incurred in connection with the making of said improvement. SECTION 4. 7here is also hereby creaied a 1979 Stree� Improvement Project, Second Issue principal and interest account, which account in said fund may and shall be termed as the principal and interest fund, into which shall be paid the proceeds of all special assessments ievied against ber�efited property by reason of making of said impr�vements as well as a11 other monies therein to be paid as provided by law and out of which shall be paid the principal and interest on all temporary improvement bonds issued to finance said project. " . SECTION 5. It is hereby determined that the sum of $100,000.00 shall be borrowed to finance said 1979 Street Improvement Project, Second . Issue with respect to cost of construction and expenses necessarily incurred relative thereto by this date, by the issuance of temporary improvement bonds of the City of Fridley as authorized in Minnesota Statues, Section 429.01, Subdivision 3, as amended by Laws of 1957, Chapter 385. SECTION 6. Said bonds shall be payable from the princ�pal and interest fund of the 1979 Street Improvement Project, Second Issue, but the Cii:y, further recognizing its duty under the law as provided by Section 429.091, and covenants and agrees with the purchaser and � 6� Page Z-- RESOLUTION N0. - 1980 GB all holders from time to time of said temporary improvement bonds, at or prior to the maturity thereof, that it will pay and retire such bonds and the interest thereon out of the proceeds of definitive improvement bonds which the Council shall issue and sell at or prior to the maturity of the temporary impravement bonds to the extent that the same cannot be paid out pf funds available from the principal and interest fund of 1979 Street Improvement Project, or out of other Municipal funds which are properly available and are appropriated by the Council for such purpose. � SECTION 7. It is hereby determined to levy special assessments agaihst benefited property by reason of the making of 1979 Street Improvement Project and to levy ad valorem taxes if necessary to produce sums at least five percent in excess of the amounts sufficient to pay principal and interest when due on said temporary improvement bonds and on any definitive bonds to be issued as herein provided, such special assessments to be placed on the tax rolls at such time when said improvement projects have been completed, or when the total cost thereof has been determined. SECTION 8. Said temporary improvement bonds in the amount of $100,000.00 shall be denominated 1979 Street Improvement Project, Second Issue and shall betV:enty in number and numbered from 1 to ?_0 inclusive, each in the denomination of $5,��J0.00 and shall bear interest ai the rat2 of 8�zrcent per annum payabie semiannually on the lst day of �aruary and Juiy of each year, and shall mature on Jaruary 1, 1983, and shall be subject to redemption and prepayment on any interest payment date at par and accrued interest. Not less than thirty days before the date specified for redemption of said bonds, the City Treasurer shall mail notice of the call thereof to the holder, if known. Said Treasurer shall maintain a record of the names and addresses of the holders of sai:i bonds insofar as such information is made available to him by the holders thereof for the purpose of mailing said notices. The principal and all interest on said bonds shall be payable at Fridley City Hall, 6431 University Avenue N.E., Fridley, Minnesota 55432. SECTION 9. Said temporary improvement bonds shall be duplicated and when so dupiicated shall have attached thereto an interest coupon which bond coupon shall be substantially in the following form: \ � I 6C � Page 3-- RESOLUTION N0. - 1980 No . $2 ��J . 0!1 (Un ess t e on escribed below is called for earlier re empt�on On the day of , , the City of Fridley of Anoka County, Minnesota, wiJl pay to bearer at Frid ey , Minnesota the sum of $20�..(Jl7lawful money of the United States of America for interest then due on its 1979 Street Improvement Project, Second Issue Dated: CITY CLERK MAYOR SECTION 10. Said bonds and attached coupons shall be prepared under the direction of the City Clerk and shall be executed on behalf of the City by the signatures of the Mayor and City Clerk, and the corporate seal of the City shall be affixed thereto and the appurtenant interest coupon shall be duplicated and authenticated by the printed, engraved, lithographed or . facsimile signatures of said h1ayor and City Clerk. When said bonds have been executed and authenticated, they shall be delivered by the Treasurer to the purchaser thereof upon payment of the purchase price heretofore agreed upon and accrued interest to date of delivery, and said purchaser shall not be obliged to see to the application thereof. SECTION 11. The City Clerk is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of Anoka County, together with such other information as she/he shall require and to obtain from said County Auditor a certificate that said bonds have been entered on this bond register. , SECTION 12. The bonds issued hereunder shall be payable from 1979 Street Improvement Project, Second Issue which is hereby created. The Treasurer shall cause all monies received from the proceeds of said bonds, all monies appropriated and transferred from other funds and all special assessments for the improvement, provided that if any payment of principal or interest shall become due when there is not sufficient money in said fund to pay the same, the Treasurer shall pay such principal or interest from the general fund of the City and such fund shall be reimbursed for " such advances out of monies to be credited to said fund when said monies are collected. All proceeds for said bonds except accrued interest shall be credited to the fund and used to pay the cost of said improvements. 6� Page 4-- RESOLUTION N0. - 1980 SECTION 13. It is further provided that should it appear at any time that the monies credited to said fund and provided for the payment of principal or interest on the bonds when the sums become due are not sufficient to pay the same, that then the City shall issue further definitive improvement bonds as authorized and provided in accordance with Minnesota Statutes, Section 429.091, Chapter 475, and that the process of said further definitive bonds shail be first used to pay the principal and interest as is then due and to redeem the temporary bonds issued thereunder. SECTION 14. The City Council has determined that not less than twenty percent of the total cost of said improvement wiii be paid by special assessments to be levied against every lot, piece or parcel of land benefited by the said improvement. The City hereby covenants and agrees that it will do� and perform, as soon as they can be done, all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessments by at any time held invalid with respect to any lot, piece or parcel of land, due to any error, defect or irregularity, or in any action or proceeding taken or to be taken by the Council or any of the City Officers or employees, either in the making of such assessment or in the performance of any condition precedent thereto, the City and this Council will forthwith do all such further proceedings as may be required by law ta make such assessments valid and � binding liens against such property, and also shall take such further proceedings as may 5e required by law to provide monies for the payment of principal and interest as the same fall due on the bonds �ssued hereunder and to provide for the redemption of the same. SECTION 15. It is hereby determined that the collection of special assessments and the proceeds of monies appropriated and transferred from other funds is and will be in an amoun� of at least five percent in excess of the amount required to pay the principal of and the interest on said bonds when due and that no ad valorem tax levy is accordingly required. SECTION 15. The officers of the City and the County Auditor of Anoka Conty are hereby authorized and directed to prepare and furnish to the purchaser of said bonds and to the attorneys approving the legality of the issuance thereof, certified copies of all proceedings and records relating to said bonds and to the finar+cial affairs of said City, and such other affidavits, certificates and information as may be required, to show the fact relating to the legality and marketability of said bonds as the same appear from the books and records under their custody � and control or as otherwise known to them, and such certificates, certified copies, and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the correctness of all statements contained therein. �- . Page 5-- RESOLUTION N0. - 1980 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA THIS DAY OF , 1980. 0 ATTEST: CITY CLERK - MARVIN C. BRUNSELL ILLIAM J. NEE, MAYOR i M 6E RESOLUTION N0. - 1980 A RE.SOLUTIQN DIRECTING THE SALE AND PURCHASE QF TEMPO- RARY IMPROVEMENT BONDS IN ACCORDANCE WITH LAWS OF 1957, CHAPTER 385 1979-1 AND 1979-2 STREET IMPROVEMENT PROJECT, SECOND ISSUE BE IT RESOLVED by the Council of the City of Fridley, Anoka County, Minnesota, as follows: WHEREAS it has heretofore been determined by this Council to issue iemporary improvement bonds in order to provide the necessary funds for the construction and payment of expenses relative to the 1979-1 and 1979-2 Street Improvement Project, Second Issue, WHEREAS it has been determined that there is at the present time an amount in excess of �1QQ,OOQ in the following fund, to-wit: Investment Fund, which sum will not 5e required for other purposes prior to Januarv 1, 19�3. IT IS THEREFORE DETERMINED to be in the interest of the City of Fridley that the sum of $100,000.00 of the Investment Fund be invested as authorized by law, and in accordance trerewith, it is hereby determined to purchase the sum of $100,000.00 of the aforementioned 1979-1 and 1979-2 Street Improvement Project, Second Issue issued under date af Jan. l, ?g80 upon their initia7 issuance in accordance with tne provisions of Minnesota Statutes, Sections 429.091, 471.56 and 475.66, out of funds of the Investrnent Fund and on behalf of said fund at par and accrued interest as of the date of delivery of said bonds and completion of such sale, it being further determined to be reasonable and advantageous to the Investment Fund to invest in said temporary im�rovement bonds and to be reasanable and advantageous to the City to sell said temporary improvcment bonds in accordance with provisions of this resolution. SECTION 1. The City Clerk and Treasurer are hereby authorized and d�rected to take any and all steps nece�sary to effect the provisions of the aforegoing resolutions and to make such transfer of funds as may be necessary from time to time to give effect to the provisions hereof. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA THIS DAY OF , 1980. e ATTEST: • ITY CLERK - AR IN . RUN ELL WILLIAM J. NEE - MAYOR 7 I � . e FOR CONCURRENCE BY THE CITY COUNCIL - C LAIP�S FEBR�ARY 11, 1980 � CLAIP�� PJUf�1BERS �22T04 - 039F01 0 .' . . S �,