Loading...
07/18/1977 - 00014451� t� THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRI�LEY CITY COUNCIL OF JULY 18, 1977 The Public Hearing Meeting of the Fridley City Council of July 18, 1977 was called to order at 7:35 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Piedge of AliegTance to the Flag. ROLL CALL. MEMBERS PRESENT MEMBERS ABSENT A�OPTION OF AGENDA: Councilman Fitzpatrick, Councilman Hamernik, Mayor Nee, Councilman Schneider, and Councilwoman Kukowski None Counc�lman Schneider stated he wished to add an item to be considered under "New Bustness." The item is "Cons�deration of a Livestock License for Mr. Tom Pukal, 6351 Jefferson Street N.E." MOTION by Councilwoman Kukowski to adopt the agenda as amended. Seconded by Counc�lman Namernik. Upon a volce vote, all voting aye, Mayor Nee declared the motion carried unanimously PUBLIC HEARINGS: PUBLIC HEARING ON VACATI : 11 STREET AN� ALLEY VACATION SAV #77-05. CITY OF MOTION by Councilwoman Kukowski to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Counc�lman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously and the Public Hearing opened at 7:40 p m. Mr. Sobiech, Publ�c Works �irector, explained this request for street and alley vacation was initiated by the City to repattern the roadways in the area generally located between the 1500 and 1600 block on the south side of Onondaga Street. Mr. Sobiech stated the Plannin9 Commission recommended approval of the vacation with the understanding that the City would mainta�n util�ty easements to provide for future maintenance. No persons in the audience spoke for or against this proposed vacation. MOTION by Councilman Schne�der to close the Pub7ic Hearing on this vacation request. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 7 42 p.m. PU6LIC HEARING ON VACATION REQUEST, STREET AND ALLEY VACATION SA� #,77-04, FRIDLEY UNITED METHODIST CHURCH; GENERALLY LOCATED AT 666 MISSISSIPPI STREET N.E.: MOTION by Councilman Schneider to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Counc�lman Hamerm k. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. 1 , PUBLIC HEARING MEETING OF JULY 18, 1977 PAGE 2 �' Mr. 5obiech explained this vacation of draina9e and utility easements generally located 6etween Mississippi Street and Bennett �rive, west of Monroe Street> as requested by Fridley United Methodist Church. He stated, at the present time, part of the building exists over a portion of the easement and apparently, when the church was originally constructed, there was to be an agreement regarding this vacation, but the paperwork was not followed up and the building was constructed. � The Planning Commission recommended approval of this vacation. Mr. Sobiech stated staff does not see a problem with the vacation of the ex�sting utility and drainage easement, if other easements are provided. Mr. B�11 Peterson, Architect for the new addition to Fr�dley Methodist Church, indicated an easement will be given on the west side of the property He further stated the utility companies were contacted and there were no ob,7ections. Mr. qureshi, City Manager, questioned the screening between the church property and residential properties. Mr. Peterson stated the new addition will not go out any farther than the existing building and, presently, there are trees between the church and residential area, as well as a chain link fence. No other persons in the audience spoke for or against this proposed vacation. MOTION by Councilman Schneider to close the Publ�c Hearing on this vacation request. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 7:45 P M. ING REOUEST. ZONING ORDINANCE AMENDMENT ZOA #77-03 , MOTION by Councilman Fitzpatrick to waive the reading of the Publtc Hearing notice and open the Public Hearing. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 7:45 p.m. Mr. Sobiech stated this is a request to rezone se�eral parcels of property generaily located between Mississippi Place and 642 Way N E. He stated the property presently exists as two lots which abut Mississippi Place and zoned commercial, with the remaining one parce7, abutting 64z Way, zoned single family. The request is to combine those parcels into R-3 or multiple family zoning. Mr. Sobiech explained the zoning of areas adjacent to the property covered in the rezoning application. Mr. Sob�ech also pointed out that the commerc�al property, as it presently exists, is quite an undersized parcel and from a planning standpoint, feels it would be very difficult to have a commercial development in that area He felt a multiple zoning is feasible and should be considered. Mr. So6iech explained the property owner does not have any specific plans, but has a concept for the construction of seven units. Mr. Chandler appeared before the Council regarding this �ezoning request. Councilman Fttzpatrick indicated the Planning Comm�ss�on had put a stipulation in their motion for approval of the rezoning that traffic would enter and leave � on Mississippi Place. Mr. So6iech indtcated the Planning Commtssion had recommended approval, with this stipulation regarding the inc:ress and egress. Mayor Nee questioned if the stipulation was enforceable and could be placed on the rezontng. Mr. Herrick, City Attorney, indicated a stipulation could not be placed on the rezoning without actually entertng into a condemnation procedure regarding access; however, he stated the proposed exit location must meet the City codes. .�:� PUBLIC HEARING MEETING OF JULY 18, 1977 PAGE 3 Mr. Chandler indicated he is not going to develop the property, but has an agreement to sell the property cont�ngent on the rezo m ng. Mr. Herrick suggested a first reading could be 9iven on the ord�nance and not proceed with second read�ng until plans are su6mitted. Councilman Fitzpatrick pointed out one of the things not mentioned is the reason ' for discouraging traffic on 642 Way, which is because the City has a park facility in thts area. Mr. qureshi, City Manager, felt the Council, if they wished, could have a first reading of the ordinance to rezone the property and indicate what conditions should be met in developing the property. He felt sure the developer would also want to provide a good access. Mr. Herrick questioned Mr. Chandler if he knew when the prospective buyer would intend to build, if the rezoning was approved. Mr. Chandler stated at th�s point, the buyer has not committed himself, but he thought he would like to start before fall. The agend for Mr. Chandler stated the prospective buyer would meet any codes required by the City. He indicated the Planning Commission requested a proposal for maximum use of the property, and when the buyer comes in with final plans, he is of the understanding all City codes will be met and there will be no variances. The Council discussed the size of the existing commercial property which Mr. Sociech indicated is 11,500 square feet. Mr. Sobiech felt the parcel would be too small to develop commercially, without the necessity for variances to meet setback requirements. It was also noted a portion of this property was taken by the County through condemnat�on proceedings and did reduce the size of the lot. Mr. Herrick felt the property owner has a legit�mate request to have the property ' rezoned, when it would be difficult for him to use the property as it is presently zoned. He felt, however, one of the considerations the Council must take into account is the traffic pro6lems in the area and what affect the proposed use would have on these problems He felt, if outleting traffic on one street would be a better arran9ement than on another, it would be a legitimate position for the City to take. He suggested a committment on the part of the prospective buyer as to his final plans would be in order and possibly they could meet with � the staff. Mayor Nee stated hardship was mentioned in the Planning Commission minutes and questioned if Mr. Chandler wasn't compensated for the condemnation by the County. Mr. Chandler stated the condemnation of the frontage of the property reduced the value by 75% and there was no court that would award them compensation for the median that cut off part of their access. Mr. Sobiech stated, prior to condemnation by the County, the parcel contained about 15,OD0 square feet and presently, it is about 11,500 square feet. Mr Qureshi pointed out the Zoning Code calls for 20,000 square feet or 160 foot frontage for commercial property. Mr. Herrick stated the parcel is large enough for some legitimate use and the question becomes, does the present zoning permit economical use of the property? ' He felt the City and owner should work towards finding a reasonable use for the property. Mr. Chandler felt their request for R-3 was an upgrading of the zoning and a good use for the property Mayor Nee questioned if they would consider R-2 to which Mr. Chandler indicated he did not wish douhle bungalows or R-2. No other persons in the audience spoke for or against this rezoning. � d, `_` PUBLIC HEARING MEETING OF JIJLY 18, 1977 PAGE 4 Councilman Fitzpatrick stated there was a great deal of opposition at the Plann�ng Commtsston meeting and was disappointed that no one was present at the meeting this evening. Mr. Qureshi, City Manager, asked Mr. Chandler if consideration was given to using part of the property for multiple on the north side and retain the residential on the south side. �Mr. Chandler stated he hoped they were presenting a reasonable request to have it rezoned to R-3 which he felt would improve the appearance of the corner and did not feel they were unreasonable in this request. Mayor Nee stated thts item will come back to the Council for first reading at the next meeting and indicated rezonings require four affirmative votes MOTION by Councilwoman Kukowski to close the Public Hear�ng on this rezoning request. Seconded by Councilman Fitzpatrick. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hear�ng closed at 8:12 P.M. PUBLIC HEARING ON CONSIDERATION OF EXPENDITURES OF REVENUE SHARING FUNDS FOR 1978• MOTION by Councilwoman Kukowski to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously and the Public Hearing opened at 8:12 P.M Mr. Qureshi, City Manager, explained the public hearing is a new requirement imposed on the utilization of Revenue Sharing Funds in order to provide input from any resident. He stated notices were pu6ltshed and questions will be answered regarding the recommended use of these funds. He stated the staff is �recommending the Revenue Sharing Funds be used for some capital outlay items. Also they are recommending use of these funds for community celebration, naturalist program and for funding a person in the Parks and Recreation Department. Mr. Qureshi then reviewed other items recommended which covered a spr�nkler system for the Civic Center, ttems for the Police and Fire Departments and equipment for Public Ydorks, as well as a physical fitness program and the purchase of playground equipment. Mayor Nee questioned, if the City did not have tne revenue sharing funds, if they would still proceed with some of these programs. Mr. Qureshi indicated, if the Council did not have this resource, a lot of the things might not be funded, unless the Council wished to increase the taxes. Mayor Nee suggested use of the funds for social services. He felt Congress looks more favorably on this type of disbursement than equ�pment items. Councilman Fitzpatrick indicated he was under the impression when the Council held public hearings on the budget that revenue sharing was part of it. Mr. Qureshi stated there will be another hearing 6efore the Council for the total budget and thts hearing is merely to recetve input from residents and suggestions from the Council before the budget recommendations are prepared by the City Manager. �Councilman Fitzpatrick indicated he could not see the real purpose of separating the expenditures of the Revenue Sharing Funds and having a separate hear�ng. Mayor Nee felt it makes it more clear cut that the Council held the hearing regarding the expenditure of these funds and gave residents an opportunity to speak. Mr. Alex Barna, 560 Hugo Street N.E., concurred with Mayor Nee's remark that he would rather see the funds earmarked for publtc service. He indicated he would like to see purchases for the Police and Fire Departments come out of the General Fund. He suggested areas for expenditure of Revenue Sharing Funds would be the Teen Center, Parks and Recreation Department; and if possible, the Islands of Peace. Counctlman Hamernik felt the fact that Revenue Sharin9 Funds are temporary and could be withdrawn has to be taken into consideration. He �ndicated the C�ty has funded some of the human service type programs on a continuing 6as�s, consequently, JL L X � PUBLIC HEARING MEETING OF �ULY 18, 1977 they are not �n the category of being funded hy temporary funds. PAGE 5 Mr. Barna stated he understood the funds are temporary and most of the items he mentioned would be funded on a temporary basis. He felt the City will have a better chance for continued funding, if it �s pointed out the money is going for community services rather than equipment outlay. Mayor Nee commented that actually the City does not receive much Revenue Sharing Funds because of the formula used for taxing. Mr. Qureshi explained the City is penalized by the State and Federal governments because Fridley �s taxing residents at a low rate. Mr. Qureshi stated, tf the Council wished, expend�tures could be taken from equipment and used for human services. He indicated, at the public hearing of the budget, Revenue Sharing Funds will be earmarked for certain items and then a general form will be submitted to the government �ndicating the Council's intended use of these funds. Councilman Schne�der questioned, at budget time, if the Council decides to delete or substitute items, if there would 6e any problem. Mr. Qureshi indicated there would not be any problems in making changes. Mr. Qureshi explained the main purpose of this publ�c hearing �s to comply w�th the requirement of holding the hearing to obtain input from interested citizens. MOTION by Counc�lman Fitzpatrick to close the Public Hear�ng regarding expenditures of Revenue Sharing Funds for 1978. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 8:35 P.M. NEW BUSINESS: CONSIDERATION OF A LIUESTOCK LICENSE FOR MR. TOM PUKAL, 6351 �EFFER50N STREET N E AND RECEIVING PETITION N0. 13 IN FAVOR OF RAISING RABBITS IN THE BACK YAR� OF THOMAS Mr Sobiech stated the Environmental Officer made inspection at 6351 Jefferson Street N.E., after the last Council meeting, when residents on Jefferson brought it to the Council's attention that rabbits were being kept at this residence. Mr. Sobiech stated the Counc�l has a report from the Environmental Officer regardin9 his inspection in which he indicates, if proper means are taken to ensure matntenance of the cages and the cages are located according to the code, considerat�on should be given of the l�vestock license. If the license �s approved, the number of rabbits should be limited. Mr. Sobiech stated the property owner was requested to circulate a petition to adjacent property owners to determine if they objected to the license. MOTION by Councilman Schneider to receive Petition No. 13 in favor of the livestock license. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. MOTION by Councilman Schneider to receive Petition No. 14 in opposition to the livestock l�cense. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Schneider noted that one name appears on both petitions. Councilman Schneider verified the fact that, according to the code, the cages should be 30 feet from the property line. Councilwoman Kukowsk� asked where the people resided who were in favor of the livestock license. The two residences in favor were at 6350 and 6340 Madison. Counc�lman Schneider questioned the applicant, Mr. Pukal, what was be�ng done with the young rabbits Mr. Pukal stated the others may be since this spring so far there have been eight young and one was giuen away and given away or eaten. Mr. Pukal �ndicated he has had the rabbits 1 � � PUBLIC HEARING MEETING OF JUIY 18, 1977 _ PAGE 6 Councilman Schneider stated he d�d visit Mr. Stauve's house, 6361 Jefferson Street N.E , and checked on the situation and basically concurred with the Environmental Officer's recommendation. He indicated the rabbits, at that t�me, were unkempt. Mayor Nee �ndicated the purpose of the license procedure is to ensure ±he rabbits do not become a nuisance; and apparently, in this case, they have. � Mr. Herrick, City Attorney, stated the main purpose of the ordinance is when individual situations come to the attention of the C�ty, the Council can then determine �f a license should be granted. He stated, obviously, the kind and number of animals, size of the lot and proximity of other people are factors to 6e considered. Councilman Schneider questioned Mr. Pukal where he would move the cages so they would meet the code. Mr. Pukal stated he would put them in the middle of his lot and then plant a row of bushes. Mr. Pukal stated, when the Environmental Officer visited his residence, there appeared to be little problem with the odor. Mr. Pukal stated he agreed he would clean the area every week. Councilwoman Kukowski questioned how old the rabbits are before they are given away. Mr. Pukal stated eight weeks. Mr. Stuve stated, over a weeks time, there will be enough odor accumulated to affect the neighbors. He also stated flies are present and feels it is a health hazard, as well as an odor factor. Councilman Schneider questioned Mr. Pukal, if the license was denied, �f it would create any hardship. Mr. Pukal indicatzd he wouldn't go 6roke, but has about $60 invested in the rabbits. Counc�lman Fitzpatrick asked how many ltcenses they have issued for keeping rabbits. Councilwoman Kukowski felt most people only have �one or two and immediately get rid of the young. Councilman Schneider felt possibly limiting the num6er of rabbits kept, however as it ts now, it is a nuisance to other neigh6ors. Mayor Nee stated, from the petition, he gathers this must be a substant�al problAm. Councilman Hamernik felt, if the area was cleaned only once a week, it would be ob�ectionable and create a nuisance. Mr. Pukal felt he should be able to have some pets, even if they wanted to limit the number. Mayor Nee questioned if he had room in the gara9e for the rabb�ts. P4r. Pukal indicated he had, but the garage was to the property line. Councilman Schne�der indicated he hated to deprive anyone of the right to raise rabbits, but 6ecause of the opposition, he moved the following motion. MOTION hy Councilman Schneider to deny the livestock license to Mr. Pukal. Seconded by Councilman Hamernik. Upon a voice vote, Councilman Schneider, Councilman Hamernik, Councilman Fitzpatrick, and Mayor Nee voted in favor. Councilwoman Kukowski voted against. Mayor Nee declared the motion carried by a 4 to 1 vote. Mayor Nee stated he regreted taking thts action, but the reason for the ordinance is to handle this kind of complaint. He indicated he hoped Mr. Pukal understands their problem. He suggested Mr. Pukal could possibly negotiate w�th the ne�ghborhood �on another location and the number of rabbits. Mr. Pukal stated, if ii 6others the nei9hbors, he will just drop it. Even though he would like to keep the rab6its, he doesn't want to fight w�th the neighbors. CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR ZONING ORDI MOTION by Councilwoman Kukowski to waive the reading and approve the ordinance upon its first reading. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 1' �l g � !� PUBLIC HEARING MEETING OF JULY 18, 1977 CONSIDERATION OF REVISE� ISLAN�S OF PEACE LEASE: PAGE 7 Mayor Nee stated he felt it should be required the Islands of Peace Foundat9on rnt adopt any rules that would unreasonably limit the access to Chase's Island by any other citizen. He suggested a paragraph to th�s effect be added under Sect�on 5, Rules and Regulations, Mayor Nee stated originally there was an a9reement the Foundation would not limit , the access ar use of Chase's Island by any other citizen. Mr. Herrick, City Attorney, stated a rev�ew of the minutes of the earlier meetings would ind�cate what Mayor Nee is saying is true because it was specifically statetl the land was part of the park program and was to remain a part of the park system, Even though it was made available to the Islands of Peace, it was not to be used exclusively far this purpose. Mr. Herrick felt the f�rst sentence of Section 5 was intended to mean the City would enforce the rules and regulations the City has in regard to the City parks. Mr. Jim Langenfeld, President of the Islands of Peace Foundation, feels the lease provides this. Mr Ed Wilmes ind�cated they have people calling in indicat�ng they want certain areas reserved for a certain time. Councilman Fitzpatr�ck pointed out reservations are also taken for use of the other parks �n the Ciiy. Mr. Langenfeld stated in Section 3B of the lease agreement, which refers to maintenance of Parcel 2, he indicated Gil Hodges Island is to remain in a natural state and doubted maintenance will be necessary. Mr. Herrick stated he understood th�s, however, they may have to remove some debris. He ind�cated it didn't mean mowing lawns or anything of that nature. In reference ' to Section 9 regarding Addendum to the Lease, Mr. Langenfeld verified when the main building is constructed, an addendum would then be added to the lease a9reement regarding the position of the City as to the use of this main building. Mr. Ed W�lmes referred to Item 4A, regarding Operation of Programs, and stated, in the original concept of the Islands of Peace, they will also be conduct�ng act�vities for the handicapped, disa6led, elderly and general public, although only the handicapped and disabled are listed in the lease agreement. He stated the question comes up, if the Islands of Peace is strictly for the handicapped and the answer is "no", and he felt the elderly and general public should be added under Section 4A. Councilman Fitzpatrick �ndicated he saw no ob�ection, but this would then place the responsibility for programming for the general public on the Islands of Peace Foundation. Mr. Qureshi, City Manager, felt a strict interpretation might restrict the City from conduct�ng any programs and give the Foundation the option of saying "yes" or °no" to any City programs. Mayor Nee felt either the City or the Foundation should do the programming. Council- woman Kukowsk� asked if the Foundation was willing to accept the responsibil�ty of pro9ramming for the general publ�c. Mr. Langenfeld felt they had to understand the definition of prograrmm ng. He ' indicated they are working on specific programs for the handicapped and in terms of the general public, would have to deviate from that since the general pu6lic �s not disabled. He stated in answer to Councilwoman Kukowski's questi�n, the Foundation definitely would be interested in assisting in programming for the general public in such ways as getting a picnic organiz�d or making space available to use the fac�lities. _ _, � PUBLIC HEARING MEETING OF JULY 18, 1977 PAGE 8 Mayor Nee questioned if they wanted the o6ligation for programming for the general public in the lease. Mr. Wilmes indicated the Foundation is seeking funds on the dasis of providing programs not only for the handicapped, but general public Councilman Hamernik felt the statement should probably be left as it now reads and leave programming for the general public optional. Councilwoman Kukowski felt the Foundation d�d not have the finances available to provide programm�ng for the � general public. She felt what the Foundation is doing now in dealing with the handicapped is enou9h at this time. Mr. Herrick stated the lease has been silent on who provides programming for the general public. He indicated the Foundation has made the facilities available and really dtd not see that there would be any great problem, if there are some joint ventues in the future. Mr. Qureshi indicated the whole issue regarding this item was not addressed. He felt Section 4 could be left as is, and Section 3 modified by adding Item E to indicate the City would provide programming on Parcel #1 and Parcel #2. Councilman Fitzpatrick felt, the lease as it now reads, provides for both the Foundation and City to provide programming. Councilman Schneider questioned, if language was added to the extent that programming is provided by the for the general public, he wondered in the future if the lease could be terminated because of the fact that the City may think the programs the Foundation are doing for the general public are not adequate and may be grounds to terminate the lease. Mr. Langenfeld fe7t poss�bly putting programming for the general public as optional. He felt Mr. Wilmes wished to make it known to the general public the facil�ties are ava�lable. If the general public is listed in the lease, it becomes a b�nding � situation and if they could not provide programming for the general public, it would be �n violation of the lease agreement. Councilwoman Kukowski suggested Item 4A be amended to add the elderly and coordination of use for general pu67ic group activities. MOIIDN by Councilwoman Kukowski to approve the lease agreemeni with the Islands of Peace Foundation. Seconded by Councilman Fitzpatrick. MOTION by Councilwoman Kukowski to add the following paragraph to Section 5, Rules and Regulations, of the lease agreement: "The Foundation shall not adopt any rules k�hich shall, in the discretion of the City, unreasonably limit the access, use and en,7oyment of Parce7s #1 and �2 by any citizen not sub,7ect to the Foundation's program" Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimous7y. MOTION by Councilwoman Kukowski to amend 5ection 4A as follows. The Foundation shall be responsible for conducting all programs and activities on behalf of the handicapped, disabled, and elderly, and coordination of use for general public 9roup activities." 5econded by Councilman Fitzpatrick. lJpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voting aye, Mayor Nee decleared the motton carried unanimously. �CONSIDERATION OF BID AWARD - COLOR COATING AND TENNIS COURT OVERLAY PROJECTS Mr. Qureshi, City Manager, explained bids were received for the various tennis court color coating and overlay projects. It was found that the lowest bidder exceeded the City's estimate and, therefore, because of 6udget lim�tat�ons, Craig and Flanery Parks will be eliminated from the ori9inal bid, as there was an interest in enlarging the court areas in these parks. Counctlman Schneider questioned tf there was any problem in accept�ng the bid, since tt has been adjusted because areas were eliminated. Mr. Qureshi indicated there was no problem as it was bid on a unit basis ,j� PUBLIC HEARING MEETING OF JULY 18, 1977 Name Tennis West Ltd. 3860 N. Shore Dr�ve Mound, Minnesota Warren Excavating 1135 Oak View Minneapolis, Minnesota Carlson-LaVine 2831 Aldrich South Minneapolis, Minnesota I:iT:�:ii1Tl 5% Bid Bond Continential Casualty Co. 5% Bid Bond American Insurance Co. 5% Bid Bond Fidelity Deposit Co. of Maryland PAGE 9 Total $15,125.46 $14,702.07 ' $13,360.77 MOTION by Councilman Hamernik to receive the above bids for the tennis court overlay and color coating and award the bid to the low bidder, Carlson-Lalr�ne in the amount of $6,937.80. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. RECEIPT OF CITY ATTORNEY'S OPINION REGARDING USE OF Sl1RPLUS FINDS IN BOND FUND AND DISCUSSION REGARDING TRANSFER OF THESE MONIES TO OTHER FUNDS: MOTION by Councilman Fitzpatr�ck to receive the City Attorney's opinion regarding use of surplus funds in Bond Fund. Seconded 6y CounciTwoman Kukowski. Upon a voice vote, all vottng aye, Mayor Nee declared the motion carried unan�mously. Two resolutions were submitted for the Council's consideration regarding transfers to be made from certain funds to other funds. Mr Brunsell, City Clerk, explained act�on was not necessary at this time, however, the informat�on �s submitted for the Counc�l's rev�ew. He explained, if a transfer is not going to be made from one source or another, there �s a resolution on levy�ng taxes which is sent to the County in Octo6er. Mayor Nee felt this matter should be discussed at the next Conference Meeting which will be held in August and then placed on the Council's agenda for the first meeting in September. MOTION by Councilman Fitzpatr7ck that these resolutions be placed on the Council's agenda for the first meeting in September, after discussion at the August Conference Meet�ng. Seconded by Counc�lwoman Kukowski. Upon a voice vote, al7 voting aye, Mayor Nee declared the mot�on carried unanimously. ADJOURNMENT MOTiON by Counc�lwoman Kukowski to adjourn the meeting. Seconded by Councilman Schneider Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously and the Public Hearing Meeting of the Fridley C�ty Council of July 18, 1977 adjourned at 9�55 p.m Respectully submitted, ; i J / ��u-�'`" ��,"✓�v Carole Haddad Secretary to the City Council Approved• � / � '� William J. Nee Mayor 1 '