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07/18/1977 - 5703ADMINISTRATIUE ASSISTANT PUBLIC HEARING MEETING JULY 18, 1977 'fY' ��.�__ r � 1 � ;`',;' � � t � ' .� / i ,. THE MINUTES OF THE PUBLIC HEARING MEETING OF TNE FRIOLEY CITY COUNCIL OF JULY i8, 1977 The Public Hearing Meeting of the Fridley City Council of Juiy 18, 1977 was calied to order at 7:35 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: - Mayor Nee led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: • MEMBERS PRESENT: Counciiman Fitzpatrick, Councilman Hamernik, Mayor Nee, Councilman Schneider, and Councilwoman Kukowski MEMBERS AaSENT: None ADOPTTON OF AGENDA: Councilman Schneider stated he wished to add an item to be considered under "New Business." The item is "Consideration 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 Councilman Hamernik. Upen a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARINGS: VACATION REQUEST, STREET AND ALLEY VACATION SAV #77-05, CITY OF BtOCK ON THE SOUTH SIDE OF ONONDAGA STREET N.E.: ' MOTION by Councilwoman Kukowski to waive the reading of the Public Hearing notice and open the Public Hearing. Seconded by Councilman Schneider. Upon a voice i vote, aTl voting aye, Mayor Nee declared the motion carried unanimous]y and the Public Hearing opened at 7:40 p.m. Mr. Sobiech, Public Works Director, explained this request for street and alley vacation was initiated by the Gity to repattern the roadways in the area generally located between the 1500 and 1600 block on the south side of Onondaga Street. Mr. � 5obiech stated the Planning Commission recommended approval of the vacation with � the understanding that the City would maintain utility easements to provide for , future maintenance. No persons in the audience spoke for or against thfs proposed vacatiort. ' i MOTION by Councilman Schneider to close the Public Hearing on this vacation request. Sec4nded 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. j i PUBLIC HEARING ON VACATION REQUEST, STREET AND ALLEY VACATION SAV �77-04, FRIDLEY ' ; UNITED METHODIST CNURCH; GENERALLY LOCATED At 666 MISSISSIPPI STREET N.E.: ( I MDTION by Councilman Schneider to waive the reading of the Public Hearing notice j and open the Public Hearing. Seconded by Councilman Hamernik. Upon a voice vote, � all voting aye, Mayor Nee declared the motion carried unanimously. j i' �_ . PUBLIC HEARING MEETING OF JULY 18, 1977 117 PAGE 2 Mr.. Sobiech explained this vacation of drainage and utility easements generally located between Mississippi Street and Bennett Drive, 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 Correnission recommended approval of this vacation. Mr. Sobiech stated staff does not see a problem with the vacation of the existing utility and drainage easement, if other easements are provided. Mr. Bill Peterson, Architect for the new addition to Fridley 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 objections. Mr. Qureshi, City Manager, questioned the screening between the church property . and residential properties. Mr. Peterson stated the new addition witl 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 fenee. No other persons in the audience spoke for or against this proposed vacation. MOTION by Councilman Schneider to close the Public Hearing on this vacation request Seconded by Councilman Hamernik. Upvn a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing closed at 7:45 P.M. f:i MOTION by Councilman Fitzpatrick to waive the reading of the Public Hearing notice � and open the Public Hearing. Seconded by Councilv,�oman Kukowski. Upon a voice vote, -Y all voting aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 7:45 p.m. / � � _. � S Mr. Sobiech stated this is a request to rezone several parcels of property generally located between Mississippi Place and 64%2 Way N.E. He stated the property presently exists as two lots which abut Mississippi P1ace and zoned commercial, with the remaining one parcel, abutting 642 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. Sobiech also pointed out that the commercial property, as it presently exists, is quite an undersized parcel and from a planning standpoint, feels it would be very difficult to have a cormnercial development in that area. He felt a multiple zoning is feasible and should be considered. Mr. Sobiech 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 rezoning request. Councilman Fitzpatrick indicated the Planning Conanission had put a stipulation in their motion for approval of the rezoning that traffic would enter and leave on Mississippi Place. Mr. Sobiech indicated the Planning Commission had recommended approval, with this stipulation regarding the ingress and egress. Mayor Nee questioned if the stipulation was enforceable and could be place the rezoning. Mr. Herrick, City Attorney, indicated a stipulation could not be placed on rezoning without actually entering into a condemnation procedure regarding access; however, he stated the proposed exit location must meet the City c �� i II !I � � , 'I � i_ _ _ •i 118 ' ; I ' ' PUBLIC HEARING MEETING OF JULY 18, 1977 Mr. Chandler indicated he is not going to develop the property, �ut has an agreemens to sell the property contingent on the rezoning. Mr. Herrick suggested a first reading could be given on the ordinance and not proceed with second reading until plans are submitted. Councilman Fitzpatrick pointed out one of the things not mentioned is the reason for discouraging traffic on 64z Way, which is because the City has a park facility in this area. Mr. Qureshi, City Manager, felt the Council, if they wished, could have a first r2ading of the ordinance to rezone the property and indicate what conditions should be met in developing the property. He felt sure the developer wouid 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 this point, the buyer has not committed himself, but he thought he would like to start before fa11. The agend for Mr. Chandler stated the prospective buyer would meet any codes required by the Gity. 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 cor�nercial property which Mr. '' � Sociech indicated is ]1,500 square feet. Mr. Sobiech felt the parcel would be ' too sma11 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 condemnation proceedings and did reduce the size of the lot. ,' �� ' i � � , / � � Mr. Herrick felt the property owner has a legitimate 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 9nto account is the traffic problems in the area and what affect the proposed use would have on these problems. Ne felt, if outleting traffic on one street would be a better arrangement than on another, it would be a Tegitimate position for the City to take. He suggested a comrnittment 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 15,000 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 �se and the quest�on 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 double bungaiows or R-2. No other persons in the audience spoke for or against this rezoning. _/ f_- � , lly PUBLIC HEARING MEETIN6 OF JULY 18, 1977 PAGE 4 Councilman Fitzpatrick stated there was a great deal of opposition at the Planning Caror►ission 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 ihe 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 this item will cane 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 Hearing on this rezoning request. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declare'd the motion carried unanimously and the Public Hearing closed at 8:12 P.M. PUBLIC HEARING ON CONSIDERATIO�d OF EXPENDITURES OF REVENUE SNARING FUNDS FOR 1978: MOTION by Councilwoman Kukowski to waive the reading of the Public Hearing noti�.Q;_„_. and open the Public Hearing. Seconded by Councilman fitzpatrick. Upon a�voice ' vote, all voting aye, Mayor Nee declared the motion 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. Ha stated notices were published ana 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. i Mr. Qureshi then reviewed other items reco�unended which covered a sprinkler system for the Civic Center, items for the Police and Fire Departments and equipment for Public bJorks, as well as a physical fitness program and the purchase of playground equipment. Mayor Nee questioned, if the City did not have the revenue sharing funds, if they would still proceed ►aith 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 socia7 services. He feTt Congress looks more favorably on this type of disbursement than equipment items. Councilman Fit2patrick 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 before the Council for the total budget and this hearing is merely to receive 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 i� the expenditures of the Revenue Sharing Funds and having a separate hearing. Mayor j� 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 public service. He indicated he would like to see purchases for the Police and Fire Departments come out of the 6eneral 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. Councilman Hamernik felt the fact that Revenue Sharing Funds are temporary and could be withdrawn has to be taken into consideration. !ie indicated the City has funded some of the human service type programs on a continuing basis, consequentiy, ��' , � I � , I , I ' .I � I ❑ ' I , I � I � I � 12� PUBLIC HEARING MEETING OF JULY 18, 1977 they are not in the category of being funded by 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 is pointed out the money is going for comnunity 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 is taxing residents at a low rate. Mr. Qureshi stated, if the Council wished, expenditures 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 indicating the Council's intended use of these funds. Councilman Schneider questioned, at budget time, if the Council decides to delete or substitute items, if there would be any problem. Mr. Qureshi indicated there wouTd not be any problems in making changes. Mr. Qureshi explained the main purpose of this public hearing is to comply with the requirement of holding the hearing to obtain input from interested citizens. MOTION by Councilman Fitzpatrick to close the Public Nearing 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 LIVESTOCK LICENSE FOR MR. TOM PUKAL, 6351 JEFFERSON STREET N.E. AND RECEIVING PETITION N0. 13 IN FAVOR OF RAISING RABBITS IN THE BACK YARD 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 Council has a report from the Environmental Officer regarding his inspection in which he indicates, if proper means are taken to ensure maintenance of the cages and the cages are located according to the code, consideration should be given of the Tivestock license. If'the license is 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 unanimously. MOTION by Councilman Schneider ta receive Petition No. 14 in opposition to the livestock license. Seconded by Councilwoman Kukows.ki. Upon a voice vote, ail 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 Kukowski asked where the people resided who were in favor. of the livestock-license.' The two residences in favor were at 6350 and 6340 Madison. Councilman Schneider questioned the applicant, Mr. Pukal, what was being done with the young rabbits. Mr. Pukal stated so far there have been eight young and one was given away and the others may be given away or eaten. Mr. Pukal indicated he has had the rabbits since this spring. �� PUBLIC HEARING MEETING OF JULY 18, 1977 121 PAGE 6 Councilman Schneider stated he did 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 time, were unkempt. Mayor Nee indicated the purpose of the license procedure is to ensure the 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 City, the Council can then determine if 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 be considered. Councilman Schneider questioned Mr. Pukal where he would move the cayes 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. e , Councilman Schneider questioned Mr. Pukal, if the license was denied, if it would , create any hardship. Mr. Pukal indicated he wouldn't go broke, but has about $60 , invested in the rabbits. Councilman Fitzpatrick asked how many licenses 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 fielt possibly limiting the number of rabbits kept; however as it is now, it is a nuisance to other neighbors. Mayor Nee stated, from the petition, he gathers this must be a substantial problem Councilman Hamernik felt, if the area was cleaned only once a week, it would be objectionable and create a nuisance. Mr. Pukal felt he should be able to have some pets, even if they wantad to limit the number. Mayor Nee questioned if he had room in the garage for the rabbits. Mr. Pukal indicated he had, but the garage was to the property line. Councilman Schneider indicated he hated to deprive anyone of the right to raise rabbits, but because of the opposition, he moved the following motion. MOTION by Counci]man 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 earried by a 4 to 1 vote. Mayor Nee stated he regreted taking this 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 with the neighborhood 4 on another location and the number of rabbits. Mr. Pukal stated, if it bothers the neighbors, he will just drop it. Even though he would like to keep the rabbits, he doesn't want to fight with the neighbors. CONSIDERATION OF FIRST READIN6 OF AN ORDINANCE FOR ZONING ORDINANCE AMENDMENT ZOA #77-OZ, ROBERT FLATEN, TO REZONE FROM M-1 TO R-1, 176 ELY STREET N.E.: 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. �22 ' `.J ' ❑ PUBLIC HEARING MEETING OF JULY 18, 1977 CONSIDERATION OF REVIS�ED ISLANDS OF PEACE LEASE: i PAGE 7 Mayor Nee stated he felt it should be required the Islands of Peace Foundat:on not adopt any rules that would unreasonably limit the access to Chase's Island by any other citizen. Ne suggested a paragraph to this effect be added under Section 5, Rules and Regulations. Mayor Nee stated originally there was an agreement the Foundation would not limit the access_or use of Chase's IsTand by any other citizen. ' � Mr. Nerrick, Gity Attorney, stated a review of the minutes of the earTier meetings ; would indicate what Mayor Nee is saying is true because it was specifically stated the land was part of the park program and was to remain a part of the park system. I Even though it was made available to the Islands of Peace, it was not to be used ' j exclusively for this purpose. Mr. Herrick felt the first sentence of Section 5 was intended to mean the City would enforce the rules and regulat�ons the City �, has in regard to the City parks. �I ' ' � ' ' ' / , , � ' ' Mr. Jim Langenfeld, President of the Islands of Peace Foundation, feels the lease provides this. Mr. Ed Wilmes indicated they have people calling in indicating they want certain areas reserved for a certain time. � Councilman Fitzpatrick pointed out reservations are also taken for use of the other parks in the City. Mr. Langenfeld stated in Section 36 of the lease agreement, which refers to maintenance of Parcel 2, he indicated Gil Hodges IsTand is to remain in a naturai state and doubted maintenance will be necessary. Mt^. Herrick stated he understood this, ho�Never, they may have to remove some debris. He indicated 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 agreement regarding the position of the City as to the use of this main building. Mr. Ed Wilmes referred to Item 4A, regarding Operation of Programs, and stated, in the original concept of the Islands of Peace, they wi71 also be conducting activities for the handicapped, disabled, elderly and general public, although only the handicapped and disab]ed are ]isted 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 feit the elderly and general public shou]d be added under Section 4A. Councilman Fitzpatrick indicated he saw no objection, but this would then place the responsibility for programming for the general public on the Islands of Peace Foundation. Mr. Qureshi, City Manager, fe7t a strict interpretation might restrict the City from conducting 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 FQUndation should do the programming. Councii- woman Kukawski asked if the Foundation was willing to accept the responsibility of programming for the general public. Mr. Langenfeld felt they had to understand the definition of programning. He tndicated 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 public is not disabled. He stated in answer to Counciiwoman Kukowski's question, the Foundation definitely would be interested in assisting in programming for the general public in such ways as getting a picnic organized or making space avaiiable to use the facilities. �. 1 `L'3 PUBLIC HEARING MEETING OF JULY 18, 1977 PAGE 8 Mayor Nee questioned if they wanted the obligation for programming for the genera] public in the lease. Mr. Wilmes indicated the foundation is seeking funds on the basis 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 did not have the finances available to provide programming for the general public. She felt what the Foundation is doing now in dealing with the handicapped is enough at this time. Mr. Herrick siated the lease has been silent on who provides programming for the general public. He indicated the Foundation has made the facilities available and really did 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. Ne felt Section 4 cou•ld 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 cou]d 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 felt possibly putting prograrr�ning for the general public as optional He felt Mr. Wilmes wished to make it known to the general public the facilities are available. If the general public is listed in the lease, it becomes a binding situation and if they could not provide programming for the general public, it would be in violation of the lease ayreemeni. Councilwoman Kukowski suggested Item 4A be amended to add the elderly and coordination of use for general public group activities. MOTION by Councilwoman Kukowski to approve the lease agreement with the Islands of Peace Foundation. Seconded 6y 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 which shall, in the discretion of the City, unreasonably limit the access, use and enjoyment of Parcels #1 and #2 by any citizen not subject to the Foundation's program:' Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilwoman Kukowski to amend Section 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 group activities." Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye> Mayor Nee deciared the motion carried unanimously. UPON A VOICE VOTE TAKEN ON THE MAIN MOTION, all voti�g aye, Mayor Nee decleared the motion carried unanimously. CONSIDERATION OF BID AWARD - COLOR COATING AND 7ENNIS 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 budget limitations, Craig and Flanery Parks will be eliminated from the original bid, as there was an interest in enlarging the court areas in these parks. � Cauncilman Schneider questioned if there was any problem in accepting the bid, ! since it has been adjusted because areas were eliminated. Mr. Qureshi indicated there was no problem as it was bid on a unit basis. �- ' � i ''� ' a , I ' � � ' ' 124 PUBLIC NEARIN6 MEETING OF JULY 18, 1977 Name 8id Bond Tennis West Ltd. 5� Bid Bond 3860 N. Shore Drive Continential Mound, Minnesota Casua]ty Co. Warren Excavating 5% Bid Bond 1135 Oak View Mierican Minneapolis, Minnesota Irnsurance Co. PAGE 9 Total �15,125.46 E14,702.07 Carison-LaVine 5% Bid Bond 2831 Aldrich South Fidelity Deposit Minneapolis> Minnesota Co. of Maryland $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-LaVine in the amount of $6,937.80. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. RECEIPT OF CI7Y ATTORNEY'S OPINION REGARDING USE OF SURPLUS FINDS IN BOND FUND AND DISCUSSIO�! REGARDING TRANSFER QF THESE MONIES TO OTHER FUNDS: MOTION by Councilman Fitzpatrick to receive the City Attorney's opinion regarding use of surplus funds in Bond Fund. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. 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 action was not necessary at this time; however, the information is submitted for the Council's review. He explained, if a transfer is not going to be made from one source or another, there is a resolution on ]evying taxes which is sent to the County in October. Mayor Nee felt this matter should be discussed at the next Conference Meeting which will be held in August and then piaced on the Council's agenda for the first meeting in September. MOTION by Counci7man Fitzp�trick that these resolutions be placed on the Council's agenda for the first meeting in September, after discussion at the August Conference Meeting. Seconded by Councilwoman Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ADJOURNMENT: • MOTION by Councilwoman Kukowski to adjourn the meeting. Seconded by Councilman Schneider. t)pon a voice vote, aTl vot�ng aye, Mayor Nee declared the motion carried unanimously and the Public Hearing Meeting of the Fridley City Council of July 18, 1977 adjourned at 9:55 p.m. Respectully submitted, Carole Haddad William J. Nee Secretary to the City Council Mayor Approved: '� 0 MEMO T0: DEPAR'fMENT HEAD� '� `` ° �� Following are the "ACTIONS NEEDED", Please have your ans�ers � back in the City Manager's office by Wed. Noon, July 27, 1977. PUBLIC HEARING ��EETING —%c30 P.M. — Ju�Y 18, 1977 . , PLEDGE OF ALLEGIANCE: 1 �, ROLL CALL: � � All Preser�t ' ADOPTION OF AGENDA: �1 � • Add: Livestock License ' PUBLIC NEARINGS: INEERING ' i �� INEERING � � , ' 0 {�UBLIC NEARING ON VACATION REQUEST, STREET AND ALLEY � VACATION SAV #%%—�5, �ITY OF FRIDLEY, �AKESIDE �OAD RIGHT OF ��'�AY; GENERALLY LOCATED BETWEEN THE 1500 AND �16OQ BLOCK ON THE SOUTH SIDE OF ONONDAGA STREET N�E. Public Hearing closed ACTION NEEDED: Put ordinance on,�next agenda for consideration. � ,,,1-1B PUBLIC NEARING ON VACATION REQUEST, STREET AND ALLEY . VACATTON SAV #77-04, FRIDLEY UNITED METHODIST CHURCH; �ENERALLY LOCATED AT 666 �`�1SSISSIPPI STRE�T �.E, ,�..� 2— 2 � Public Hearing closed ACTION NEEDED: Put ordinance on next agenda for consideration 1 • ' 1 NEERING � ;I MANAGER � 1 �J INEERING PUBLIC HEARIPJGS (CoNTiNUED) PUBLIC HEARING ON REZONING REQUEST, ZONING ORDINANCE AMENDMENT ZOA #7%-O3, C. D� CHANDLER, TO REZONE FROM R�1 AND C-IS TO R-3; GENERALLY LOCATED BETWEEN 6�I�Z �'�AY AND MISSISSIPPI PLACE ON THE WEST SIDE OF EAST RIVER ROAD . � . � . . � � � . . . . . . � . . � � � . � . � Public Hearing closed AC7ION NEEDED:. Put ordinance on next agenda for consideration . 3-3H PUBLIC HEARING ON CONSIDERATION OF EXPENDITURES OF REVENUE SHARING FUNDS FOR 19�8� � � � � . � � � • � � � � � 4 Public Nearing closed ACTION NEEDED: Make arrangements for public hearing on September 19 TdEl� BUS I NESS : CONSIDERATION OF FIRST READING OF AN ORDINANCE FOR ZONING ORnINANCE AMENDMENT ZOA �%%-O2, ROBERT FLATEN, TO REZONE FROM M-1 TO R-l� ],76 ELY STREET N. E. �.��• Ordinance adopted on first reading RCTI�:►N NEEDED: Put on next regular agenda for second reading 5-5A � CQNSIDERATION OF LIVESTOCK LICENSE FOR TOM PUKAL, 6351�JEFFERSON STREET N.E. Request for license for rabbits denied E�INEERING ACTION NEEDED: Inform applicant of Council denial ' ' � . � , PAGE 3 �. . � � Ju� 18 977 � P�E�J� BUS I�JESS � CONT I NUED) � � � � � CONSIDERATION OF �EVISED ISLANDS OF PEACE LEASE� �� 6— 6 C Lease approved with two amendments . F TY MANAGE ACTION NEEDED: Add two amendments to lease and have executed � � � � � CONSIDERATION OF BID AWARD — COLOR COATING AND TENNIS COURT OVERLAY PROJECTS � . � � . . � � � � . � � � � � � � � % — 7 E ' � Bid awarded to Carlson LaVine in amount of $6,937.80 GINEERING ACTION NEEDED: Inform Carlson LaVine of Cauncil action ' , � _ 1 ' DING USE OF RECEIPT OF CITY �,TTORNEY S OPINION REGAR SURPLUS FtJNDS IN �OND FUND � , AND DISCUSSION REGARDING TRANSFER OF THESE MONIES TO OTHER I FuNDS, , , , , , , , , , , , , , , „ , , . . , , , , . . 8-8H To be discussed at August conference meeting, and to be put on the agenda for the first meeting in September INANCE ACTION NEEDED: Put on list of items to be discussed at future meetings � � , , ��iy.;.. 9: 5 5 P. M. 0�� FRIDLEY CITY COUNCIL PUBLIC �EARING �`�EETING -%:30 P�M� - Ju�Y 18, 1977 PLEDGE OF ALLEGIANCE: ROLL CALL: , ADO�TION OF AGE"JDA: PUBLIC NEARINGS: i�UBLIC HEI�RING ON VACATION REQUEST, STREET AND ALLEY V�CATION SAV #77-05, �ITY OF FRIDLEY, �AKESIDE ROAD RIGHT OF E•'IAY; GENERALLY LOCATED BETWEEN THE 1500 AND ICOO BLOCK ON THE SOUTH SIDE OF ONONDAGA STREET N�E� ��. 1- 1 B PUBLIC HEARING ON VACATION REQUEST, STREET AND ALLEY VACATION SAV #77-04, FRIDLEY UNITED METHODIST CHURCH; GENERALLY LOCATED AT 666 ��IISSISSIPPI STRE�T �V�E� .�� Z- Z C � i A PUBLIC HEARING BEFORE THE CI7Y COUNCIL TO WNOM dT MAY CONCERN: Notice ;s hereby givQn that there will be.a Public Hearing of the City Council of.the City of Fr�di�y in the City Hall at 6431 tlniversity Av�nu� Northeast on Monday, July 18, 1977 ir� the Counc7l Chamber at �� 7:30 P.M, for the Gonsideration of fallowing mat-�er. " Consideration of a requ�st for a Vacation, SAV #77-05= by the City of Fridlyi to ��acate the 25 foot right of way for Lakeside Road N.E., for 276 feet on Lot 4, Ruditor's S�;bdivisior Noo 108, because of a change in street pattern, all located in the North Half of Section 12, T-30, R-24, City af Fridley, County of Anok�s Minnesota. Generally located between the 1500 ar�d.160Q Block on the South side af Oner.daga Street N.E. Anyone desiring ta be heard with refer�nce to the above matter will be heard at th7s meeting. Publish: June 29, 1977 July 6, 1977 WILLIAM J. NEE ��(AYOR 0 1 I' �%! !� � '�,,s✓ �••: � �'T Ql y � \ �� ♦ �,ti /s�4A.� � �i�,�__ °° �r � •.,� ..� � % ,� ,4�_ „s f`-. 4., 1� •, , � l.• T a � r !� t Z•:1 �j _.1:�! '� _ ,_._ � - � ,, �� ; ��.� _ _ �� ' '. � � � c �� " _- o , .. .. U} r '+'`'o Y a. �� a _��r _ � a., �; � � � ". • � � .., ,1 �� : _ ,� ��e �,, ` ; C� N . �.� � h.�»�� 1 A i !� � �� r � h ' � �a c t� � ? � . � � r i �.� � ; , / „/ � � �. 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AND��Sc;r-� COJIv] Y � U�:VC 1'!�F ANOKA COUNIY, Mf(YN�tr�� ' • � p ' ' ' � ' , + ' ' ' � ' ' ' ' ' ' ' ' ' ('I.At1NTfJG C0t1f�17SSI0N f�lEET7tJG — JUNE C�, ],977 PAGE 7 1B �• VACItTIOfJ RE(�UEST, SAV 177-QS, CITY 0� FRIDLEY: V��c��tc tr�� 5 oot riqht oi wUy 1 �r Lc�l<e�i e Road for 276 feet on L�t 4ti Auditor's Subdivisic,n !Jo• ],0�, bec�use of a ch�nge in sLreet p�tter•n• {The City now h�s a 5� foot right of way for ?3 1/2 Avenue that cul-de-�aC's on the Replat of Marxen Terrace•} �1r• goardman explained that because of the changes in the street patterns that the City no longer needed the La4<eside Ro�d right-af-way• He said that the City would vacate �akeside Road right of way; ho��ever t.hat the City must retain a draina�e and utility easement over the westerly 1,? feet- Actir�g �hairperson Bergman wanted to know why the City was � asking for the VGcation• Mr• Boardman indicated tl�at the City no longer needed the Lakeside Road right of way. MOTIOtd by Mr• Langenfeld, seconded by Ms• Shea, that the Planning Cornmission recammend to City Council the approval of Vacation �equest, SAV �.77-05, City of Fridley: Vacate tf�e 25 foot right of way for Lakeside Road for 276 feet on Lot 4, �uditor�s Subdivision No• 1,Ob, becGuse of a change in street pattern• {The �ity now has a 50 foot right of way for 73 1,/2 Avenue that cul-de-sac's on the R�plat of Marxen Terrace•} with the stipu].ation that the City maintain 17 feet� for drainage and utility ease�ents over the westerly 1�7 feet• Upon a voice vore, a11 voting ay�, the motion carried unanimously� 3�EC4i'1f1ENDATION FOR �1„�OD FOEZ SE�I4R CITIZEN WELL CLINIC (�OTTON by hea, seconaed by �1rs• Schnab�l, to remo� c�."h�is item from the e• Upon a voice vote, all vot" aye, the motion carried unan usly• Ms• Sh�a said that the don�`Wa.s��ing asked for the Senior Citizen Well �1.ini.c loc�ted in � orth Suburban Family Servic�s Clinic in Coon R s- qp} f1r• Kline of 9�3 ferson, CAP, gave the ba ,round information on the Senio tizen Well Clinic• He said that clinic had been in , ration for three years• He said the inten ` of th2 Cli ' was to provide preventative medicine for senior cit s a very minimal cost to tl�em• 0 Pt1�LIC HEARING QEFOR� THE CTTY COU��CIL i'0 WHOM IT P�IAY CONCERfJ: Notice is P�ere�y given that there will be a Public Nearir�g of the City Council o� the C7ty of Fridley in the City Hall at 6431 University Avenue Northeast on P�onday, July 18, 1977 ir� the Council Chamber at � 7:30 P.M. for the consideration of the fallowing matter: - Consideration of a request for a Vacation, SAV #77-04, Fridiey United Methodist Church, to vacate the utili�Gy easement aver the South- erly 5 feQt of Lots 1, 2 and 3, and the North- erly 5 feet of Lo�s 22, 23, 24 and 25, all in Block 2, Christie Addition, to a17ow ari addition to an existing church, �ocated in the South Half of Section 14, T-30, R-24, City of Fridle��, County of l�noka, Minnesota. Generally locateu� at 665 ��ississippi Street N.E. Anyone desiring to be heard with ref�rence to the above matter vrill be heard at this meeting. Pub)ish: June 29, 1977 July 6, 1977 WILLIAM J. NEE ��IAYOR 0 0 C, 2A PLAtJPJIIVG COf1�1ISSI0N MEETTfdC — f1AY 7�� ],977 Pa�e I,3 3• VACATIO�J REC�UEST, �_;'�„� ��I.Jil-�i—Ll-r'�TTFn MFTHQj}�S �(��}j_ Vacate the uf:i"�'it;y easement over the South 5 feet of Lots 1,, 2 and 3, and i:h� North 5 feet of (.ots 22, 23-, 24 and 25-► all i.n Bloc(< 2•� Christie Addition, to allow an additian L-o an existing church, tlie sam� being 666 i�ississippi Street N•E• f�r• f3oardman said that this request w�s a requirement of the • Builda.ng I�ermit;•' He said that they had applied for a Buildin,g perrni.t which the City was goirig to hold up unless they had , approval from the City Counci� for encroachinent on the easernents• The Council Upproved their request for easement encroacl�nent ��ith the stiaulat:ian that they ap�ly for a vacation of the easernen� s• The Vacation Rea,�;est, SAV � 7?'04 a.s for that vacation• Chairperson Harris said that the drawing Iooked as though tf�e Church was already over the easements• Mr- Boardman responded th�at they were•� Chair��rson Harris asked if the easements tdere still• there• f1r• Boardman didn°t know- I�r• E3ergman aske� Mr• Boardman if Fridle5� Methodist Church also owned lots 22, 2�, 24 and 25• (�r� E3oardm�n said that those lots were t�e Church parking lot• �10TIO�J by �1r• Langenfeld� seconded �by Mr• Storla, that the Planning Commission rec�iv� the tt�lc letters from Northern States Power Company and t.he one letter from t�innegasco regarding Fridl�y United Methodist Church vacation request• Upon a voice vote, all voting ayel the motion carried unaninzously • Mrs• Schnabel wanted to know if the Pl�nning Commission was being requested to abt-ain easemen�s• Mr• Qoardman said that the church is requesting the vacation and the Staff is as!<ing tliat the Pl�nning Commission, �s part af the Vacation, stipulate the rededication of easements• . . � �,. , � ' ' � PLANPJ7.(JG C.Of1f11"`_;SIOfJ �lEi_TTP�r — �1AY 1,�-, ],977 . Page ],�! MOTION by f1rs- Schnabel, seconded by Mr• Be.rgm�n, that the planna.ng Commis�ion recammends to Ci.ty Council approval of �he V�c�:tion Request, SIiV �77��4, Fi^idl.ey United rtethodist Church to v�cate i:he utilit;y easement over the South five feEt of Loi;s 1�� 2 and 3, anc� the �dorth f ive feet of Lots 2�, ��, 24 and �5 , aJ.l zn Blac!< 2-, Christie Addition, to alloa� an additi.on to an e�istir,� church, the same being 666 I�icsissippi St.reet N•E• and that tl�ey stipu].ate tl�e rededication of easements of ten feet along .the west property ].ine of Lot 3; �,5 feet along the west property line of Lot 22; and fiv� feet a].ong the nor,th prope��i�y line of Lot 22• ' UP4N A VO10E VOTE, aII voting aye, the motion carried• Cahirperson Harris declared a shor� break at 9:5D P•M� Chairpersan Harris called the meeting back to order at �,Q:Qa P�T1- MOTION by f1rs• Schnab�l-� seconded by 1ir� Langenfeld-, that th� Pl�nnii�g Comi�ission suspend the rules and handle Itcns 5� 6, 7, and 7� and hold Item 4 u;�til after acjournment� Upon a voice vote, aIl voting aye, tiie ma�icn carried unanimously• Cl�airp�rson Hai�rzs indicated that item �f CONTI�lUED � PROPOSED ' M�If�TEI>!�=�!"!CE CQDE be handled Gs �;or•ks�iop after adjournment of i�he Planning Commission �1e�ting• ' S• � ZECETVE PARKS &�EC.F:CAT�ON COfi1�1IS`'IOP! 1�INUTES: �—_;_L ��, ],`i f 1 � MOTZOf�! i�y P1rs��chn�bel, seconded by P1r• B�_r�rr�an� that ' the Planning Cor�m szon recEive the parks-°� Recreation Commission r'iinutes o pril 25, ],977•�°`` �� I � � Mrs• Schnabel indicated th - on„��ge 64, the second p-�ragraph, second to last senter�ce shoulc��:,�ead ••• "Th� real solution would be to outl��w util.iza�ion ot`'�*�to►�zzed RCCREATIONAL vehicles in Fridley, • • • ^ • _�`` �''`"°�a,� f�rs • Schn�bel ind' �ted on P age 64, the 1 a�s� aragraph, had what she be]iev,�to be i;ypoyraphical errors• eference was made all thr yh the paragrapl� to St• L��+is Park she felt that the ould tiave been Spring Lake I'ar{;• UPO' VOICE VOTE� all voting aye, the motion carried u animously• 23 t= '_J Present Bui].ding � , 2 C Proposed Addition !/1' � � ' . ..._....,...r..� _ _....r....n..»....e. , ..._..:,,_ ' . - � � . . . . • � - �. . . • . - , . 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'' n:6�=�s' -~ ~—': a•vo'as' 1 i G•eas58=3a: 3- '� F• �. r��G�� ,)j � Lc.-2a.c'i lS � a•tt.3� a .. a•24.c1 {(� � • a.2s.MS} �� n•^ p � 21� i� � „ ', Zp M i ! � � 1Q' 2 ' � L` 1 — — � a; ' 19.05 � i � 6; � � f'' 9 � t, �0 1j � � l3G.1"Z ' � 133 �i5 -- --- ---+9J'oT 14& 4 � ` ia4.3t � � _ � � , � -- , , , 1 ' �� , � � LGp1 � ,,� !� p 1 0 O d i � N ""' � � , `l. ►n ., �9 °• ; `L o� a �--- ��; , � �� '�. � 1'_li.2i � ' 1�4 5 � � � ip IC6;l � i 143.A-3 ' ; -- � � 5 - , �, s. � � °_ � � --i �?5, ; �1 �+ � . o �1 us �,n � g °' o d o a o� L7 r' 'r �� 3 �d� � J$ r� 3 � Ni �° � ' � ��n��t � i tzti'1R w. � �InC ��7 ! 1 IA7C.0 . i� PUaLIC HEARING BEFORE THE CITY COUNCIL TO WHOM IT P4AY CONCERPJ: Notice is hereby given that there will be a Public Hearing of the City Council of the City of �ridley in the City Hall at 6431 University Avenue Northeast on P�onday, July 18, 1977 in the Council Chamber at 7:30 P.M. for the consideration of the following matter: Cansideration of a rezoning request, ZOA �77-03, by C. D. Chandler, to rezone Lot 1, Block 2, Johnson's River Lane Addition, from R-1 (single family dwelling areas), to R-3, (multiple fam�ly dwelling areas), and, rezone Lots 2 and 3, Block 2, Johnson's River Lane Addition, from C-1S (loca1 shop�ing areas, to R-3 (multiple family dwelling areas), so that these three lots can be used for the construction of a 7-unit row house development and/or townhouses, all located in the South Half of Section 15, T-30, R-24, City of Fridley, County of Aneka, Minnesota. Generally located betw�en 64 1/2 Way and Mississippi Place on the West side of East River Road N.E. Anyone desiring to be h�ard with referenee tn the above matter may be h�ard at this time. Publish: June 29, 1977 July 6, 1977 WILLI�IM J. NEE h1AY4R 0 0 3 [� �� CITY OF FRID�EY 3 q PLANNING CO(1f1ISSI0N ('1EETINC JUtJE b � �,97'7 ' MOTTOfJ by f�rs• Schnab�l, secondnd by f1s• Shea to appoint f1r• Berc�m�n as acti.ng Chairperson• Upon a voice vote, all votina aye, the motion carried unanimously• C ' ' ' ' , CALL TO ORDER: Acting Chairperson Bergman called the Jure 8, 1,977, Planning Commi �sion f1eet�n-g to order at 7:�5 �•f�- .� ROLL CAL�: Members Present: Shea, Bergman, Suhrbier, SchnQbel, Langenfeld Members �ibsent: P�terson, Harris Other� Preseni;: Jerrold.Boardman, City Planner AP�f�UV� F'�A��dif'JG COt1MISSION_ M�CNUTES � f1AY 18, 1,9?7 Mrs• Scrnabel addecl to the end of the second paragraph on Page 1,(�, ^in th� new Seni�r Citiz_en Building^- ' (�r• Frederic �aster of 6�illi, �iver�v:�e;a TEi^race ir,dic�ted that, the second paraqraph on Page 6 was actuall.y said by t�r• Luci<ow of 1,��:-64 1,/2 Way N.E. MOTION by iir• LGngenfeld, seconded by Ms• Shea, that the planning Commis�=ion minutes of f1ay 1,8, 1,977, be approved as amended• Upon a voice vote, all voting aye•� the motion cai�ried un�nimously• MOTION by rls • Sh�a to add an aqenda item 3A to be RECOPifiEf��DA t ION ' FOR ;�L�OCO FOR IHE SENIOR CITIZEN IdELL CLINTC {�qp}. �pon a voice vote, �11 voting aye, the notion carried uranimously• ' �J ' ' '' 1• COhTT�UE11: REZONING RE�UFST, Z4A �7?-Q3, BY C• D- CHANDLER: To rezone �ot 1„ Block e, Johnson°s River L�ne Addition, from R-], {Single family dw�lling areas} to R-3 imultiple family dwelling areas}-, and rezone Lots 2 and 3, B�ock 2, Jol�nson's River Lane Addition from C--LS {local shoppina areas} to R°3 {multiple farnily dwellir�� arFas}, so thes� three lots can be used for the const-ruction of a row house developme�zt and/or townhouses, general.ly locGted between 64 1,/2 and Mississippi Place, on the G1est sid� of East River Road• public Hearing open• , PLANNIPJG COt1f1ISSI0N �1EETING — Jl1NE 8, 1,9"�7 PA�E � 1 3B Mr• Chandler of 1132p t1ississippi Drive, Champlin, and Mr• Ken Talbot . , of Calhoun Rea].ty of Coon Rapids were present- I ►�r• �handl�r presented a plat to the Planning Commission• � . . . . I' The planning Commissa.on reviewed the plat• Mr• E3oardman explained the plat and what had been decided upon• He said that the plat 'I ' showed seven units with fourteen parking spaces• He said that a rear-yard setback variance would be required• Mrs• S_chnabel wanted to know who had title to the easement• , ' ' . `, t Mr• Chandler �esponded that it belonqed to the C�un y ''Act�_ng Chairperson Bergman wanted to F:now if the easement was in the setback requirement or was there to be 35 feet of setback I plus seven feet of easement• ' Mr• Chandler indicateci on the plat the Iocations of the setbac!<s and the easements- I' Mrs• Schnabel wanted to know if the seven foot easement would revert bacl: to the property owner• 'I ' Mr• Chandler said it would• Ms• St�ea explained th�t if the setback was moved to include the �' easemen�-, then a v�.riance wouldn't be needed• � There w�s some discussion ai: this point rega�^ding the s�tbacks I , and eas�men� requirements• Mr• T��lbot poin�ed out �o the Planning Commission that what had been reques�ed was a plat describing the location of the building/s '' on the lot• Ne said that the plat they were looking at was indicating the maximi�m of what could be put on tha� property• I' Mrs• Schnabel said that Mr• thandl�r had previously indacated that he would meet all city codes• She said that if the plat was not the final p1.at and if the property was rezoned, she wanted to know if 'there was any �aay to bind the property to a structure that wouldn't contain any variances to the City Codes• ,'�tr• Chandler said that he hadn't been aware that the plat hadn't met all the City Codes- I�r• Talbot explained that the plat was only off by six inches and ' thaL the plat was only a preliminary and once an architect drew up the final plat, the dir�ensions would be more exact• 'Mrs• Schnab�l wanted to know if the contractor would be bound�to the plat• She felt that there would be no guarantee that the new purchaser would construct tliat number of units• ' ' � �J I' � f1r• CI`�andler felt that; the buyc�r• �louJdn'L go more th�n sevc��n uni_ts b�cau;e of the fact th�t he would h�ve t:o provide faciliti.es for rl-ic h�ndic�pped if he built more t:h�n �even units and f1r• Chandler didn't think that �the person would go th�t adclitior�l expense• f1r- Talbot wanted confirmation as to exactly how much of a variance was needed• � f1r• Bo�rdman explained that if the easement was part of the proper•ty, then a very minor amount would be neecled {approximately six inches}; however, he said that if the easement; was not part of the oroperty•� it would be approximately seven feet six inches• �1r� Langenfeld indicated that if a rezoning was given, therr the Planning Cornrnission itse).f would lose control of the type of building ti�at would be constructed on the pra�erty- Acting Chairperson Bergman said thai; if the rezoning was granted, �' that the Planning Cor�mission could put stipulations on the recommendation for approval• ,' Mr• F3oardman stated that the maximum that could be placect on that pro,�ertiy was eight units•. He said that the Plarininq Co+nmission had rec;uested a plat and what they had to decide was that if ' they fElt� the area was right for an R-3 zonirig-, then the rezoni.ng should be appro��ed; if tl-iey decided thct the ar�ea was not right for an R-3 zoning, then they should refuse i;he req��est• He � didnf t see wfiy tl-�e Comr�ission was coi�cerned a'raout tyiny �h� ' propei�ty to a specific des�gn• f1rs• Schnabel said that part of the reason for requesting a �' site plan was because of the traffic patterns wf-�ich were a concern of the neighboi�s• Mr- Boardman felt that the plan was good in that it would be '� situated nr� the lot with p�enty of green area and ample parking areas • ' ' Plr- Talbot explained that �he parking areas could be situated on eitf�er side of the building• At tfiat point, �ir• Chandler showed the site plan to �r• & Mrs• Frederic Foster of 6441 Riverview Terrace• P1r• Foster said that he didn't want t,o see any apartments at all, howeve.r, if the rezoning was to be approved, �hen he wanted to see the parking lot on the f1ississippi Place side of the building• Mrs• Foster explained thai there was a park lo�ated near the lots , in question- She said that many children played in the p�rk and that was the reasoning in requesting that the parking lot not be located on the 64-1/2 Way side of the building• ' ' � o�. .. ,. . � 3C �"�""� � ' ' PLANNING COf1f'ItSS:IOfJ f1EETItJC, — JUNE. �� ],977 PAGE 4 Mr• Langenfeld w�nted to kn�w if the f=aster's were representing everyone in Lhe ncighborhood or �ust therrselves- Mr• Foster themselves• didn't wanL that other F{earing• said that they weren't representing anyone other Lhan He said tha.t, he l;new that all the other neighbors to see any more multiple dwellings in the area, but commitrnents �ept them from appe�ring at the Public f�rs• Foster said that she had tall<ed to many of the people on Riverview Terrace arid that they were against ar�y more multiple dwellings• She said that it had been decided that if multip].e dwellings had Lo be constructed, ther► most of the people ,- prefer��ed to s�e dup].exes rather than zpartment complexes• - �1rs- �aster also indicated that she didn't feel tr�at any variances shauld be alZowed- Mr• Lar�genfeld pointed out to the Planning Commission that a very I' h�zaruous situation did exis� in th� area because of the abundance of children ar�d the arriount of existing traffic- I' Mr• Chandler pointed out that the rezaning wou].d be an upgrading of the present zoning• I' MOTTON by f1s• Sf�ea, seconded �y Mr• Langenfeld, tn close the public Hearing� Upon a voice vote7 all voting aye, the Public Nearing was closed at 8:D5 P•M- Mrs• Schnabel indicated that she felt there was a definite hardship on the peta.ti.oner in retaininc; the piece of proper�ty with two separate zor�ings� She saici that the �act that two of the lats were zon�d Commerical {C-1�S} and �aere not large enough, in themselves, to construct as Commercial, she felt that Mr• Chandler had a serious hardship as to how to develop his property• �irs• Schnabel also felt that a commercia2 enterprise wouldn't be beneficial to that neighborhood- She said that she would rather see a multiple ciwellinq of some iype rather than comme��cial• She indicated that she was concerned about the traffic patterns, the si;e �f the units, and the setbacks• S1ie said tha� the residents of the neighborhood had a very legitimate concern as to the traffic and �he children, etc• Nowever, after careful consideration, she felt that the following motion was in order• 3D 11� � ' ' ' ' ' ' ' ' PLANNING C0�`i�'IIS.":,l�i�J t1EC'1'ING —,1UNC b, 1,977 • PAGE 5 3E t10TI0N by tlrs• Schnabel, seconded by f1�• Shea, that the Planning Corr�rniJJion recommcnds to City �ouncil the approval of the Rc;oning (tec-u�st, ZOA �77-p3, by C� D• Chandler: To rezone Lot 1, E31ock 2, Johnsan�s f;iver Lar�� Addit�an, fron R-], {single family dwelling areas} to R-3 {multiple family dwelling areas}, and rezone Lots 2�and 3, Block 2, Johnson'S River Lane AdGition from C-1S {2oca1 shopping areas} to R-3 {multiple family dwellin.g areas}, so these thr�ee lots c�n be used for tPie construction of a row house development and/or townhouses, generally located bctween 64 1,/2 and f�ississippi Pl�ce, on the West side of East River Road, with th� stipu].�t�an that traffic ingress and egress be onto Mississip�i PJ�ace ONLY• Upon a voice vote, f1s• Shea, Mr• Bergman, f1s- Suh��bier� and f1rs• Schnabel voting aye and f1r• Langenfeld voting n��y, the motion carried• ' Acting Chairperson Bergman indicated that this would go to City Council on June 2a, 1,977, anci at that time a public Hearing would be set• f1rs• Schnab�l initiated a brief discussion about the use of traffic bunips in the n�ighborhood, es�ecially along Rivervi�w Terrace• t1r• Boardman traf f ic bui�ps stre�� plows� indicated that the City tried to avoid putting on streets because of th� problens with 2• L� CPLIT REC�UEST: L-S• �77-05, BY MO�RIS J- LON��R�O^!�� Spl.i i_ot 28, Aud?tor's Subc�ivis�on Nc�• 927 in . three parcel as follows: Parcel. I: The S�uth 72 eet of Lat 28 {5ti95 Art ur Street r�•`•;; Parcel II: Ttie orth 7� feet of the South 1; fe�t {5�i75 Arthur Street f •} both as rneasured at right angl� of the City of Fridle in Arthur Si�reet N•E-� and Parcel III: at par� of LoL 28 ying Nor�th of the Sou�h 1,44 feet as m asured at rig anglPS to the South line thereof, together wit that par of Garcl�na Avenue vacated, also subject to i;he righ of he City of Fridley iri �irthur, Street N•E• and in Gardena enue, {1,494 Gardena Avenue N•E•}- ' Mr• �1orris J• Longerbone of � Gar na Avenue was present• ' Mr• goardman explai��ed t at the general 1 ation was at the c-orners of Gardena and Arthur reei: N•E• He said at the petitioner wa��ted to split the proper. into three parcels, Par ls 1 and 2 would be over 9�D00 square eet; howev�r, the lots widths ould be ?2 feet ' instead af the r quired 75 feat• Parcel 3 would be n extra large lo� si.ze tha would be well over the ],O,OQO square f t�dhich was require for a corner lot• All the parcels of land re ' serviceab with sewer and water alr�ady in• Ne said that from the Cityrs standpaint, there weren't any problems• , ' ' � 1� � Q � � � _ O � ' � �.� �>,� ,. 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S 7 3? 58 ,i._•- -- 3URVEY OF LOT� I, 2, a 3 BLOC K 2 JOHNSGN`S RIVER LANE ADDI1'ION GITY OF FRID�EY ;��' � ..:=�: i ' I ' ' (Official Publication) i � � PUQLIC HEARING BEFORE THE CITY MANAGER AND CITY COUNCIL ' , ' � TO WHOM IT MAY CONCERN: Notice is he reby given that there wil] be a Public Hearing before the City Manager and City Council of the City of Fridley in the _� Ci ty Hal l at b431 Uni versi ty Avenue Northeast on Monday, July l8, 1977 in the Council Chambers at 7:30 p.m. for the purpose of: Consideration of expenditures of Revenue Sharing Funds for 1978 The City of Fridley would like to extend an invitation to all citizens and particularly senior citizens to participate in this public hearing on Revenue Sharing Funds. • Anyone desiring to be heard with reference to the above matter will be heard at this meeting. NASIf�I M. QURESHI CITY MANAGER 0 � ORDINAPJCE N0. AN ORDINANCE TO AMEND THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA BY MAKING A CHANGE IN ZONING DISTRICTS .� The Council of the City of Fridley do ordain as foilows: SECTION 1. Appendix D of the City Code of Fridley is amended as hereinafter indicated. SECTION 2. The tract or area within the Co.unty of Anoka and the City of Fridley and described as: Lot 41, Block 12, Spring Brook Park Addition, lying in the South Half of Section 3, T-30, R-24, City of Fridley, County of Anoka, Niinnesota, Is hereby designated to be in the Zoned District known as R-1 (single family dwelling areas). SECTION 3. That the Zoning Administrator is directed to change the offical zoning map to show said tract or area to be rezoned from Zoned District M-1 (light industrial areas) io R-1 (single family dwelling areas). PASSED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1977. MAYOR - WILLIAM J. NEE ATTEST: i' CITY CLERK- MARVIN C. BRUNSELL Public Hearing: July 11, 1977 , First Reading: Second Reading: • Publish....... , ' ' � ' � ' Ci ' .:; � `� . �s. 40 �" ,• . � ; �� - , „ , : �. ..�-- 7 : �°�. 5 � �•-J%J�t�iJ�� r � M � �4'' '^ e../ 3 tiz f ��" �� .� �� `f � :-isc � `\ �� .... ..Z�' 46. g .. / � . :.� .�„ D�-�'� v✓ � , �;.'°,��``�� ``a�`� � ..:.,._� \ ,':,�`-.� \� . :. , , .! ; � , '. . � � } . � f � ZOA #77-02, ROGER FLATEN � Rezone Lot 41, Block 12, Spring Brook Park from M-1 to R-1� so that together with Lot 42 w'�i c eate a residential building sit , me eing 176 Ely St.; .��... � z ' - - �,- - - - S f- -is,. -.. _ ..- � e`) ; ql � � `�; 1 , � I . �, ; i . N \ N `;, i ` (2 1 ��'f �' 1 j B � ``�;a';. , �� i � � o � �' � � i n ` �� 3 ; \ '� i �] \\ ` �� i 1 V 1 ��6 , \\ � � R 1, , j i!. ,. i „ �� ,. - - . . . ', .. ' 3 \ . 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N ;j � i'J �:�„ 1 � \ � � 1 � f r. \A `L• ./�/, • ti1� • y �, `� y� ` - ��' � U �` � , ; �.t '� �i 0 .. \� t`' � , } / . � � �1 � ��, p �� I � N ( j. "' �ep�<°• . � /, i� \ i��1r`� �' �, '' v ' ` ^ ':i �' lh�S Z�j `''.�` ' ' ., � nrC> � �\ �� . ` ��( S � `U i .,, � � • � �,. _ .,, -v"'� ' y �- � � � G 1 � �,�� ,� �1 " ,' r � ii � ♦.��, •P' y. .� �' �M- d . „' � n k(, I ' � ' ' 1 , � , , ' �I ' � � MEMO T0: MEMO FROM: DATE: SUBJECT: Nasim M. Qureshi, City Manager Richard N. Sobiech, Public Works Director July 18, 1977 Livestock License at 6351 Jefferson Street NE Attached please find the license appiication and a memo per- taining to the referenced item. It should be noted that residents in the �rea adj�cent to the si�e �ppeared before the City Councii at the meeting of July llth expressing concern with the issuance of the livestock iicense. As noted in the review by the Environmental Officer, with appro- priate maintenance of the rabbit cages the license could be issued without causing a nuisance in the neighborhood. Also recommended was establishment of a limit to the number of rabbits, which should perhaps correspond to the number at the present time, which is 11. The Environmental Officer has suggested to the petitioner that he also submit a letter which would indicate that the adjacent residents have no objection to the issuance of the livestock 7icense. It is requested that the issuance of the license be considered at the Council meeting of July I8th. RNS/jm .�, ' � �� ' �I ' ' , , ' , ' ' ' ' ' �J , MEMO TO: Dick Sobiech MEMO FROM: Steven J. Olson, Environmental Officer MEMO DATE: July 14, 1977 REGARDING: Livestock License at 6351 Jefferson Street N.E. An inspection was conducted on this date. There were four cages of rabbits located on the northeast corner of the property, approximately 7 feet from th.e fence to the east and approximateiy Z2 feet from ttae fence to th.e north. Four adult rabbits and seven immature rabbits were present. There existed approximately three inches of litter and feces beneath the cages. 7.'his did contribute to an odor th at was detectable in the immediate va�cinity of the cages. Cleaning and maintaining the cage area on a weekly basis should elizninate most, but not all of the odor. Mr. Pukal has been requested to present with his application, a signed statement from his imm�diate neighbors that they are aware of his application and don't object to the license being issued as long as a nuisance is not created. If the livestock license is issued, the following items should be stipulated; 1. Clean and maintain the cage area on a weekly basis. 2. Move the cages to be in compliance with the City Code (30 feet from adjacent residential property iines}�. 3. It is recommended that a maxiznum be set on the number of rabbits to be kept. S VEN J. OLSON Environmen fficer �,,, i� '� � !��' �ll� J:+L»l v��l[U�:?'� _'1°�.�i'�CCrS Vi i�i1 • ml/l�L �K�"'..Cii� 1T��+1 �ll�.�-i �_�r�� l i „-^..'�l �'�l =�0�' u�2° ^?=_31i?� �f' _ _'..^.`:�}� =11 :":l5 '_"�'S.1.C:°:: �l'�1 OAC�S ' r�, �,, , / �r r _ -='�-_ _ _ � --- -__ �–��_��.�;.: — _ —...e , � . . �� .:_ / / � :s,�,_� � - , , _ . � �r , ' _ s!..".-a' .. . _ � � ,, � , �. !�'�? �=! � �,._. �;' J.- _ ' ii�� 1 �� %�,� � 1 � ��-' " � �,� �� * , � �� Gi�� / � , ;�� ::".�;?��'% C L' �� ..c �y' � i r // �, 1 � � ..�r' f^i'.r� J" :' ��,� ��.� �. `� , ! ) a / • -�,t..7rt.GLy,C...i cQ ' �/ '� � , ,, L�G�/ �� L/�%`' L��z- �� ` c<.�c��--�" � �1 � � � ; � , a �e ^ �� - , ,��_.... , �� ,�� j , � � ��/ C� � � � �� 3 /O ��%��a:�,-, � � 3 � U '7'"1'C�i �ti . 3 l � �'� � �/ 3 �_ ., .. �' ��' � .��i �'� : ,. , �� r ;� � / � 3i�� '�.. �.. � �1�" � � �,� .�� ;�.- l (�� ' �e ' � t� �11� ._ � �_�yi � � ,'�.��_ -5�. i� -� ., ;� , � /-. `, )�� f��i..�:..C�� •��^ �� f � % � ,�, � �D ��'' �-� �� . � � � o �' � � py_�/ � � �'/' l� 3 � � -�� .-�?� � �l �. � , o y�?��.�� . -� L �� , ., ,, � 6�/C� �l � ��.� i � p . ��,-L,-�� C .�i �� s /`�' �'� �� ' �� r�' � �� '�� N l� �� / Y , � ;�-- �, , .. � +b9J 3� '.� � '�Clt-,C'i �. -S� �/ � , � ' As lo�� as all the L�ws�Health La�s & Regulations laid down by the City of Fridley are followed by Thomas G. Pukal I agree tha.t they can keep Rabbits in thsre back yard,at 6351— Jefferson ST. NE. I have the right to change my mind at an�p time. �i zo � CJ �..�i� -- 6 3 S"u - %� �t..� t�;..�- �:. yl. �. �� y � ;� , .. � � ��. �-� � �� h �� ; �-� �� Y l%�, , � � . � , „ . , , ____. �;,�',�, �;", , . . �� :a � July 9� 1977 �� e . ' F� i CITY OF FRIDLEY PETITIUN COVER SHEET n Petition N��. 13-1977___i j� Date Received JuIY 18 1977 object For th� rai i Q of rabbits in the aack vard of Thomas G_Pukal, � � � S eet N.E. 63�1 Jeffer� � Petition Checked By Percent Si�ning Referred to City Council bisposition Date f 0 ,�, � � �r ♦ As long as all the Laws`Health Laws & Regulations laid down by the City of Fridley axe followed by ihomas G: Pukal I agree that they can keep Rabbits in there back yard,a�t 6351— Jefferson ST. NE. I have the right to change my mind at any time. . ��,o _ CJ- �..�� _ 6 3 � �. �1� ��.�-�,,� � A ��7 � `J`',/ ' `!`�'l,/ �✓ �,�� . .._.,. .. . � � � I' III, s-� - �� ;.� �. ��. � � /e� 'y �� /h G�-u� ,ti `, . , ( � 0 Ju1y 9� 1977 n R � � � � �� , '�Te, the. �:>>zrr�und� n� n��.�hbr,.rs ef Mr. Tom Pu�.al, wish the a��nlication f'or the raisi.ng of r��bbits � n�is resi.d�r.tS.al bacic� • '�,•/ // i � � / _�� , „:��:� � ,� , . � "' -�- � � � �`�; , . . � '� � ' 1 • � � ,,.._�!�.��,_, . ' , . � �.....:__ , , � i 1 � ' �, . C�� --� ,, � � � �. �; z� ,� � l_,-'.� �� lC _ � �fv � ' , : � �� , �'''.� ; ��-�-- � �� ;l,' %' �� ''�% � � � � � ,��.�- � � �� . ��(/� � � �_._. cl 1 _ i� ♦ / . , � �. .� r�% � � ` �� . � 3 5/0 ��7��y, �p�'. G 3 �f � ��;� 2�C� . �'2f�� l�33( - ' .- �� s�j,�, �3�� ,. , „ �, , ► � 3�� . � �1� �� id �. ��?� ��" � �-�� _ -� - , ,� � , � .�y, � �- �1��. �>. �� :� � �j ;' � (, v�,�/ " '�-c�?t �% /� � � � � ��, ��4 �-� � . � �� o �� ` �� , 3 a � -�� ' �'. l� _ � o �?tZa�� - � �'� �. �. - , , -, �, 6��v �� . ��o � �� , 0 L� � a.�� ,,� �37� ' �� r�' � ��o �� .3 3� `1 e �e� � s�l%C � .. I � I , STATE OF MINNESOTA �� ' L�ASE AGR�EMENT COUNTY OF ANOKA � THTS AGRE�MENT, made this lst day of August, 1977, by and between the City of Fridley, a municipal corporation organized and existing under the laws of the State of NLinnesota, hereinafter called the "City", and The Foundation I� for Islands of Peace, Incorporated, a non-profit or�anization, incorporated� April 27, 1973, under the 7_aws of tJze State of Minnesota, hereinafter called the "Foundati.on" . WITNESS�TH: That the City does hereby demise and let unto the Founda- tion the following described premises: I. Chase's I�Iand, which is presently owned by the City, and will hereinafter. be referred to as PARCEL N0. 1,. 2. Gil Hodge's Island, which is leased from the State of Mi_nnesota by the City, and hereinafter referred to as PARCEL N0. 2. 3. Hayes River Lot Addition, Block 2, Lots 3 and 4, presently being purchased by the City and hereinafter refer.red to as PARCEL N0. 3. The Foundation has made a conunitment to the Ci.ty to rzise whatever funds are needed for the purchase of the parcel. It is mutually desired by the City and the P'oundation that the project � of the Foundation be a success for the benefit of the general public, and � � I especially the handicapped and disabled; therefore, the City and the Foundation agree to the following conditions: l. TEP..'�f QF I.EASE: The Foundation is to have and to hold the above described premises for a term of twenty-five (25) years, beginning August 1, 1977, and ending on July 31, 2002. , 2. CON�ID�RATION: Consideration for this l.ease shall be the sum of 7taenCy-five and 00/100ths ($25.00) Dollars, and the muCual promises � ' by and between the parties, i:he sufficiency of which is hereby acknowledged. � . ,. _ 2_ 3. SERVICLS TO BE PROVIDED i3Y CTTY:. The City hereby agrees to furnish £or the term of th�is agreement and as part of the consideration of this a�reement the following: A. The Maintenance of PARC�L N0. 1 will be limited to routine ground maintenance which includes gr.ass cutting, tree trimming, along with the removal and cleaning of waste material, will be accomplished by the City, and will be set up on a regular basis under the sole direction of the Director of Parks and Recreation Department of the City. � B. The Maintenance of- PARCEL N0. 2 wi�l be limited, due to the accessibility o£ this parcel; the type and amount of maintenance of this parcel wi11 be solely in the discretion of the Dir�ctor of Parks and Recreation Department of the City. C. The Maintenance of PARCEL N0. 3 will be the total responsibi.lity of the Foundation. D. Addi.tional MainLenance:. Any maintenance not included above wi11 be the responsibili.ty of the Foi�ndation. The City does not waive its rigttt to cnmpensation for any of these services provided above. If the Foundation fails to provide adequate �aaintenance beyond the C�ty's responsibility, the City reserves the right to provide the necessary maintenance at the 2xpense of the Founda- tion. 4. SERVICES TO I3E PROVTDED BY FOUNDATIO�V: The Foundation hereby agrees to furnish f-or the term of this agreement and as part of the consider- ation of this agreement the following: A. �eration of Programs: The Foundation shall be responsi.ble for canducting a.11 pr.o�rams and activities on behalf of the handicapped and disabled participants. B. Maintenance: The Foundation shall be responsible for all maintenance of the leasea premises, including any improvements to be constructed thereon, except those maintenance items that are specifically designated as the responsibility of the City. 5. RULES AND FEGULATTONS: The City agrees to enforce all rules and regul.ations in accordance wi.th the City's ordinances. All conduct on�PAKC�LS N0. 1, N0. 2, and N0. 3 will be subject to the rules and re�ulatioiis, and of ordinances, uf the City. The City will suppl.y the needed personnel to enf:or.ce said rules, regulations, and ordinances, as i�eeded. � �y � ` . ' ' ' ' . ' ' ' ' ' , ' ' ' ' ' ' ' ' -3- b. POLICE AND FIRE PROTECTION: The City will provide police and £ire protection. �� 7. IMPROV�MENTS: Any improvements permanently attached to the property including, but not limited to, bui].dzngs, parking lots, driveways, walkways, lighting facilities, docks, wharfs,> and other permanent recreational facilities,are to be approved by the city manager prior to installation. Said approval shalZ be in writing. All permanent improvements attached to the property sYiall remain on the property at the termination of this lease and shall become the property of the City. 8. LIABILITY INSURANCE: Public liability insurance shall be provided by the Foundation. The amount shall be $250,000.00 to $500,000.00. 9. ADDENDUM TO LEAS�: In the event that the Foundatian constructs a building on the Hayes River Lots, the City and the Foundation shall enter into an addendum to this lease, which addendum shall set forth Lhe relative responsibilities of the parties concerning the opera- tion and maintenance of said building. 10. TERr1INATION OF LEASE: The City has incurred certain financial obligations, at the request of the Foctndation, for the purchase oi Lots 3 and 4, B1ock 2, Hayes River Lot Addition. The Foundation has agreed to reimburse the City for the cost of purchasing said lots. If the Foundation shall fail to reimburse the City for said expenses or shall fail to adequately perform those services to be provided by the Foundation, this lease may be declared void by the City. IN tdITNLSS WHER�OF, the parties have set their hands and seals the .�� 7 0 day and year first above written. -a- 6 CITY OF FRIDLEY By William J. Nee, Mayor And � Marvin C. Brunsell, City Clerk , THE FOUNDATIUN FOR ISLANDS OF PEACE, INCOItPORATED By Its STATE OF MINN�SOTA) ) ss. COUNTY OF ANOKA ) On this day of , 1977, before me, a Notary Pub7.ic c.Tithi.n and for said County, per.sonally app�ar.ed WILLIAM J. NEE and MARVIN C. BRUNSELI,, to me persor.all.y Icno�,m, who, bein� eac � by me duly sworn did say that the_y are respectively the Mayor and the City Cleric of the municipaZ corporation named in the foregoing instrumer�.t, and that the seal affixed to saic3 irzstrument is the cor.porate seal of said municipal corporation, and that said instrument was signed and sealed in behalf of said municipal corporation by authority of its City Council and said WILLIEIM J. NEE and MARVIN C. �iRUNSELL acknowledged said instrument fio be the free act and deed of saici municipal corporation. STATE OF MINNESOTA) ) ss. COUNTY OF ANOKA ) � On this day of , 1977, before me, a Notary Public within and for said County, personally appeared , to me personally known, �aho, being by me duly sworn did say that he is the of the corporation named in the foregoing instrument, and that said instr.t�n�ent was signed in behalf of said corporation by authority of its }3oard of Directors, and said acknowledged said i.nstrument to be the free act� and deed of said corporation. • 6C i ' . 7 II ' ME�10 70: �1E�10 FROi�1: DATE: SUBJECT: Nasim M. Qureshi, City Planager Chuck Boudreau, Parks and Recreation Direct �J,�f; c` July 13, 1977 Color Coating and Tennis C�urt Overlay Projects , On July lst, bids were received and reviewed for the various tennis � court color coating and overlay projects as attachedd Also attached please find a copy of the results of this bid Qpening, With our budget limitations for Capi�a1 Qutlay 1977, it was found -that the lowest bidder, Carlson-LaVine, Inc., exceeded our Estimate by approximately $4,800, and because of interest in el�larging the exis�ing court areas at Craig Pa.rk and Flanery Park, it was decided �o request Car1son-LaVine to eliminate these two areas firom ti�eir exist�ng bid. As per the commanication dated July 12th, Carlson-LaVine has agreed to this and their total bid amount should be adjusted to read $6,937.£i0. It is my recommendation that, at this time, we accept this apparent low bidder to comp�ete the remainder of the contract as outlined for the various locations. Attachments: Bid Opening Report Communication �rom Carlson-LaVine, Tnc. CAB/jj ' , ' ' . 0 r I ,' ' � l:Ji`.:�I: i;l i): �� Il(iEi; t,r,. Qt��n(.iti�::� - � "`I_2 Sc , Yr�s. i 1 Col�i� Co�t � Only ' . � 722 5��. Yus. Col:,:� Cc�a�. C,�, ; y ' --__.�. __�� 'I 7?_?_ Sq. Yds. Color Coat i�.,;J, ' 1^� Sq. Y�.s. �.0 1 i i;'• t: J�i �, �.1i1 �,�r � k '2Gi Sq. Yczs. GO � C�`° vC):i�; �)11�� ' �267 Sq. Yds. C0�{07' L'Odt Orll y , ,� _.__. _______ 'gj.� �q. YciS. �1'� ir�ck� O:�t��lay ar�l ' Cr'�� ()`�Lp�l� _. ,�,` ';t�. 1'til:;. �1'.. inr�h 01��i'1; 1' �;n:i �,t1� OI` !�:?.i i: � .__�._.___.�__._..._.� , I i.c�;� �;i t.1} Un�i': ('ri ce C ic! ;.!r i_L 3.r�i� i n_;;ords ____r_.._.�_.--.--------1 Rutf� Cir�cic� I'�r''r /,rea ! ,f Dollars <, �...___.�'�1�________--_—_ ,��cl -= �s-r,:�Jcf--�',� _Cent, �,er Sr�. Yrf. w r-' � �� -- --- -- Sur,r,�i i; S��,�;;�c l�rea at Cl'�= ___ Gol 1 ars an . �(_ � � �cnis per ��;. � �:. � _ � �� . {_'_ f—��-y-� _._., -L- n ., I"'i .P. u!� �� 0'� � � c? I l:,� S r a l" i: t' C' i� I at �`?•'�'�T� . _ [)ol 1 ars and •,�:�_�.i,�. i_<•�� Cen�s p�:r `:q. 1'd:, �� , `�: — — ---- 7ei�race Park Ar•ca a t ^_ Ci!� � � f • c� n �a %�f.. r� ' !: / ?*iL `-t SI:��1 i i�e ('«,'!: i�►�ea Ci l. �_.� �Si � C� ' d.11 C� '� � �- � `l--- G� °� ce,� Park Are� i� i; C'"'.l i t'_ ..___�-._..._------------- _. an� ��%<<;f _ ��-��_��--__. Do� 1 ars �• �C'TIi,S j�(?�" �Cl, t( . .`Y Do71at'� ��Il t.S �('i' St:j � ��Ci. _....__.�__w___ r:) i � i i 1" S c�,,t� r�3z, s�i. >>�� Ur�'i t S'r�i cc [io�ll�,r� f,r�nts Cr�i � Par'r. A�•��: �. : t.__ -_ rfV_ ..:=;__._� �v Lf� C�--- Dc�l l ar_ � ri t �� '.� '� : �'�- , ,. :t��icl .r_ __��` _ ..��:-- __,,�r; t,e��i.� ��r' Sc�. 1 �1. � . --. ✓ i r.. � _�________ . - ___l�la«��►•�� 1';3t•i: fl��e�i � ,-�� `{�t.�t(�r_____.._ __—.. D�1��1'S M � � '' • � �,;ttS ��i~ Sc�_Y`!. . �ttla ��•_�t�t.�, ' i{=t r� 4 1 l• �, ✓ / �; � .r— ; ; � ' ;!�� j �� , �� S j ___� i � /i�� / �� // `'r ' i I (i_7 �� - � � ___�: �_ � �G^� �_ � �ti! n; ;;olt!li: Doll�:,�s Lr::t!.� � i a � �. . lc r` ;-. , �� c i �' r�' �= � ' r� L� i�: �_ � ..__._ J,-> � ._ -_ �,; �,/_. . ) •r � �� -'� � . { -�4� f �, 1 cy:- �� '��` - _ ' .____.�. `_�._:_.....------� � ,, � �� / � ,� � �"--- -- -- --- ' . � . ; � .� � ��1�. � --- - . � �_ ,� I - --__..._ _ _----�•---•�—_" ..._ : � � � '• ." . I , /1��rc�x. i2u��ntitles � 11E��rox. 9�?0 Corunr,�� f'arl; f�rea � ' lii�c�l ft. � {'�tchin� at Uollars �� . onl y � � d�" ' �"� a��d _t4,.s-�� ,,�,',Cents ��er Lin. Fto � ��" I Tenris cc�urts only - approxi�7�tr-1y 900 1inea1 feet of f-iberglass strips over er.istinc,� cra.c4:s �:o !�e remmoved, patched and thcn ` colof� co-�i.ed. Contr�a.ctor s�ould ir�spect site ��rior to bidding. � Tennis Ct. P;adsei� Pari; Area � ! 72l Sq. Yds. � Coloy� Coa�; at C;�rr'- � _ Dollar°s ;�,�_ �o iz�r��G - Or�ly and �!r2�z7" .'v;,-y Cer.ts per Lin. Ft. /� ` j �- � ; � Qasl:etba7l & fladsen Parl: Area j ! Volleyball ; Courj„s a.t ��t1� Dollars /i ,(-�, �y `'=.- C - / .'`� �4, ! � E�0 Sq. Yd�. . � � � I S�.�i n pai.cn Fa and ��%C4� Ce��ts per �i n. Ft. � .� v f � � coior coat j L� Itr�m t•iit:f� Unit ('ricc� Ui cJ Ilri tten i n',lords Un'it I'rice bollar Ccnts � /Unoun L Do11ar, Ccnts I ' � Terrace: Inc :der��ta ! s►: � n patcn�n� �..ay oe req�a� reu. �' ** Ap�arat�is to be rer�uved by Ci ty fr�o;?� paver�e��t area pri or to over7 ay. _2..,�1�;7 �" ' TOT/iL : /J and ' ' � � llars $ Cents . �, � �,��._...__ The ur�cle�rsi;7r�4ci zrt'ces tf�at, if the City decides ��o dir�i!�ish or extenc! tl�� •�ork; or o'i.her�ri se al i er i t i�1� exi:��as oi� deducti ons , i ncl ud i ng t:f�e c�l ir.�i nati o.� of any u��e or• i,�a�,e of tf1;� ite�;�s, by an ai:�ottr�t not ta excecd t�vent},_fi��e F�ercent (7_5") o�` �;l;� Litiii�) S�lc� (�id Pr�ice, I�e ►;�ill F��rfori�� tl�e t�rork as �li.cred, increased or decre<lsed sub,lc�ct to ui�i t bi:i p�,i ces ��s bi d. 7he u��,fe��si�ned a�rees to enter ii��:o cont.r��ct in for�n tiereta attached and to fu;�nish �Z c�>>'��o►'ate sur��iy Lond as requiretl l�y i:he specific�tions, both ��ait.h:n ten (10) d��ys i`ro,�� f�is receiE?t oi� ti;e P;:�t:ir.e of �'1►��arc'; froct tl�c City, s;�ould t!�is prc�>c�:l bc ��tcce��tcci. T}�e <1;�y �ft.er E�o�ir�.,rk ci��te shall cons��i�ute� �;he. day or rcce�i{�t of i�otice. In i.he e��tn� of i.h�� fail�ii•e c�t' the unclei•si��ed to ent.er into such a ci�ni:��<<c� witl�in sai;i t:i�n (10) ci��:, then ti�c� ��r?oun� 01� l�id sec�lt•it:�� att:achcd h��•eto is to �� forfeited ��s <1gr��r.d lic�uiclatc��i .c1,�r�aycs to the CiCy of Friclley. , . ' i . R ' I � � + • . � / ' Thc un�lcrs�i ��nc�d �y•rces to Lc��in �vr�rl: on o�° l�ef��rc � ��=-�� /�,,�.� 7> > 1977, an<< ��rosccuLe sai�; �•rurk so as tio co�r�r�leLe tE�e ��rac on ��fo c_��«� ��' 4 , 1.�77, ur wii;hin �[�.� • ( ) ca.��r�d�r ciay,t.�� ' � 7hEa ur�dcrsi��n�d aqrces that this pro�osal sh��ll remain in effect and not be ' withdi�avrn for thirty (3U) calcndar days after this dai;e. , ' UATCD tf�is 7- day of July , 1977. ' . �`�� f. : ' CARLSO.�—LaVTI1E, I^IC. C0��1TRkC�f l "', =f°�f;�,q � �'�..�.....%� ,s' � • �� , ay: �:.:.,,�.r....�.�..�.�..;,��-�,�..�--��'fi-�. �� °.� 1 ---y-��v:�:�.---- �r_ick LaVine ��S Pra�i�nT,t ' Address: 2831 Aldrich 1�venue South ' Minneapo]_is,- r'�n 5;408� - Te 1 e p h o n,. :`8 ?_? — 2 5�� 1 _____._. _. ' , ' ' ' ' . ' ' ' , � . .. � I ' U N ' r � J �f h cf- G ' t� F- Z W :7 N ' � o ro � 2 v v s � U a � C a� m - c ' cn U 1 7 ' � � � O U � � � :� U O � � _ ' .. 7- �" �= � W Z O d �y 1 J Z LL_ W ' 2 U r-w � � O CJ� ' � . w Q O U V Li O J� ' W C3 J Z ¢ } W O x �i1 w :> v� z_ IJ � 4i V �� ' p r J �- H � c� �- 2' F Y Li- � S W N C7 li Q' ^ O W Y � W � I � } r+ J LLl I' � F-ZO O U c!, � C1 ct' li a � M � W !n (O C� 1-' r-� I ' Z rr W �] I (7 O O rZi F' �C '"� _ lJ �i I ¢ Z � J � O � d' Q F^' W O g �-+ cr J := Q � O Q �-� ' N N O Q � '. �- ¢ 4J d F- --� J S U ' [r O F-- n' ' � W ��' 7 i- R U O N {- h +� d n � O �� ' �E ' V � � � �Q �^ O O N >' U L� T7 ZJ•• w � .-- o m �— '7 r ^ r-� ii� m a '' �� Z � � w .� 0. ►-- =f ' Q V) O O C� .-. � -.. Cn � N '__ "f O C� �: >' �_�1: J ' ° •-, � `t n r-- Cl. ::? N c�) : ``� �- U cV i]C c� m �n u .� � � 'O m O z 2 G] • �i W � d Q l�) Q' '"� 1 C� G: :� '_LU�-. �--� C� ci ttl V1 F- ��I J + [Y1 ll_ c Ui C N�� r 1) �� a� O � �. +� N a..- a� :, 1 r• rtf �e �, c�.v L i- p L' p tn ? O urJ � � N N � u� �' O in crn v � � O ^' - O U d' n n - � � � O � M N N d. Ol M O O � � M O O � W M O O M W N O O � d' O O O l7') � O 4 Q � � O ZJ rt1 O C •rU C� c T Ql .i-1 v c .- .- rt1 0.'1 Y � c v� � . O �O �U(� --- y— .n � O J W � F-- O t7 'C 1�1 �:_� Vl s "n :.�� C? : � . � l.� .") ul N � , F- l�? : _ N d-� Y ._ d N b m O n <� r[ '!_ O U � �-C K u_ w n. ? � H V1 Q s_ • �. W Ul _J �_ f� N .,ch J '.-) 1�. (\. o a� _•_ 'O N Y .� .L] N 'd m O 7_ w � 4 J � � 1- �' N f1. �l ,� Vl(7'i_ � l!1 ~ •S (7 `7 �� cl C) � �. . r 'cn c N f� •r y ^ 1 G1 U C� i-� V� +� .- m >, � n� �G I� O.'� L [_= O C p r- � O U N ---•�— 0 N ' d n d � O O r O O� O r M r- rn _ r __ O O O r--' n d� M O � N d' � M � , W �I M i • �. lf) � M � N n � M O O� O O� O Ol r 'i7 U C O N p0 C U t6 C 'O U �O .- i m �� A°. � C tn � .-. c� z Q Z � W U > X W Z 1. Z 4 �tn N CL' M J • i_ r- (L 'd W a� N .� � � N V m O Z •W U 1- Z��• r-. ,J �' LT: UF-Y d {nW v~io� n � � • _ � W K � �cn c d/ n •r J) ^ � Q1 o�a�n i .- �u Y 1�. Q. Z7 E: O C O C7 ; O V �t n 7 D '� O �O M O O Qi O �O O V' C� O 6� 0 O � �O . n � n M N M � V' � W M O � O O C' � 11') d O V O N � W N U � � a' b O � � tl' O —_ O � �D tl' �' O .- •v •N C n..`-� 'V 4> >l C O L O N CI] � '_ 'L7 •r 4- O m � v . 3s, •r O ln LL- U W� �+� � Z d ,V., J[L' � [ 1 :'� C1,-y ._ � � J� N �= M _J �- Q� R C.� .. � .- -` i y,4+r 1/��;,tti' �.,,,�., ! 7 E �,oa�aLSO�- ��,;�� .��r��,.,,�. � 1` _��a ' GENERAL ,i ��:'��,., ; CONTRACTORS H � z r � i.. 0 2831 AI,DRICH AVF;'14 U7'; SOUTH y�� y� eJ� �11i�TNEAPOI.IS, h?I�'��NESOTA .5.5.408 , f �F eeztEa ' TELF,PHO��'F, : 827-2511 July 12, 1977 �. C ity � f Fr id ley 6431 Una.versity Avenue N.E. Fridley, Minnesota 55432 Att: Mr. Gord�n RE: Tennis court overlay and color coating project City of Fridley, Minnesata GEntlemen: Per our telephone conversation of July 12, 1977, we agree to eliminate Craig Park area and Flannery Park area from our proposal which was submitted on July 1, 19770 The total amount of the contract wi1Z be reduced to SIX THOUSAND NINE HLTNDRED THTRTY SEVEN DOLLARS 80�I00 ($6, 937.80) . Tnie hope that we can start the project right away, so we can stil.l take advantage of the favorable weather conditions of July and August. S incere ly, C�y� Ming i Chie Estimator MEMORANDUM 0 T0: Marvin C. Brunsel2, Finance Directar FROM: Virgil C. Herrick, City Attorney RE: Use of Surplus Funds in Bond Acconnt DATE: July 8, 1977 � You have asked my opinion as to what the city may legally do with surplus funds that remain in a borzd account after all of the bonds have been retired. In my opinion, the answer to this question is contained in Minnesata Statutes 475.65. This section reads in par.t as follows: "... if any balance of the proceeds of the obligations remains after the use is accomplished, sueh fund may be devoted to any other public use authorized by law, and approved by resolution adopted or. vote taken in the manner required to authorize bonds for such new use and purpose. Any balance remaining after the improvement has been completed and paid for., unless devoted to a new use as herein authorized, shall become a part of the debt service fund ot the municipality." Minnesota Attorney General's Opinion No. 159B-2, dated December 9, 1930, stated the following: "When bonds are issued for a specific purpose, such as ' construction of a school building, the proceeds of the bonds become impressed with a trust which limits the nse to such purpose, but where the purpose has been accomplished, the surplus remaining becomes relieved from that purpose ' and the surplus reverts to the general fund of the school district and may be used to pay any bills or obligations lawful].y contracted by the district." , , �� , ' ' Based on the above statute and attorney general�s opinion, I believe that the city could transfer the surplus funds to general revenue or could transfer said surplus funds to other bond funds in order to retire outstand- ing bonds. VC�i : JLH �] Z7� � ! :�� 1 [� ., ' TQ: VIRGIL C. HERRICK, CITY ATZORNEY FROM: MARVIN C. BRUNSELL, ASST. CITY P�GR./FIN. DIR. DATE: JUNE 29, 1977 ' i ' , ' � I. THE COUNCIL HAS ASKED YOU AND I TO RESEARCN THE t1SE TMA7 CAN 8E MADE OF THE SURPLUS IN THE REGULAR ASSESSMENT FUND. 1. A transfer of $31,435 of the surplus from the Regular Special Assessment Fund to Bonds of 1963 and Refunding 8onds of 1974 was considered at the June 6, 1977 Council meeting, p rompting questions from tne Council on the use of the surplus. The Counci 1 asked that the question of transferring the funds be further researched. " II. TNE REGULAR SPECIAL ASSESSMENT FUND WAS 7NE FIRST IMPRQVEMENT BOND FUND ESTABLISNED BY TNE CITY, 1. The Regular Special Assessment Bond Fund was established by the City in 1954. 2. The Regular Special Assessment Fund served as a common Sinking Fund, with several bond issues being accounted for in the one bond fund. 3. The fi rst bond issue was dated May 1, i954 and the last or+e August 1, 1956. 4. The bond issues associated with the fund provided financing for water, sewer, storm sewer and street projects. 5. The last bond principal and interest payments were made on August 1, 1976. ' III. THERE IS A SUBSTANTIAL St1RP�US IN TNE BOND FllND RESULTING FROM INTEREST EARNINGS AND OVER ASSESSMENT. � 1. The substantial surplus in the fund is partially the result of investment earnings, and interest earned on assessments receivable being greater than the interest paid on bonds. � � a. The bonds in the fund had interest rates from 2 3/4% to 4 3/4�. b. Assessments recei vable carried an interest rate of 5q. c. Tnvestments earnings generally earned a higher rate of return than the interest rate on the bonds. � � 2. There apparently was some over assessment of water and sewer mains. I_ J ' ' � a. An assessment of $.25 per 100 square feet was placed on property north of Rice Creek for costs incurred south of Rice Creek, such as over si zi ng of mai ns , etc. Thi s apparently produced more revenuz than was necessary to meet the actual amount expended for the projects in question. � � ' I' , Page 2 3. It would be virtually irr�ossib�e to identify exactly what portion of the surplus originat�s from interest earnings, and what portion originates from assessments. a. The records available f rom the 1954, 1955 and 1956 period are such that it would be virtually impossible to pair assessments levied to particular project costs. b. Because of the time span involved (23 years), and the number of years assessrnents have been levied, tying ihe assessment received to costs would be most difficult. IV. AT THE JUNE 6 COUNCIL MEETTNG, TRANSFERS WERE PROPOSED TO BONDS OF 1963 AND REFUNDING BONDS OF 1964. 1. At the June 6 Council meeting a transfer of $3,367 was proposed to Bonds of 1963. a. Bonds of 1963 provided financing for ce rtain water mains, including looping some of tt�e water lines. This looping was no� assessed against benefited proper�y. • _�� b. As of December 31, 1976, there were deferred (future years) tax levies ' of $199,500 associated with 6onds of 1963. c. Discounting the deferred tax levies, liabilities (bond principal and � interest payable), were greater than assets (cash on hand, special assessments receivable and future interest earnings) by $20,204. ' d. The remaining bond principal and interest must be reti red over the next six years. The formula used for computing the transfer ar�ount was as fol l ows :$20 ,?04 - 6=$3 ,3b7 , 2. At the June Council meeting, a transfer of $28,068 was proposed to Refunding Bonds of 1974. ' a. Refunding Bonds of 1964 provided financing for various water and sewer projects, inc7uding certain sewer main work which was not assessed against benefited property. ' b. As of December 31 , 1976, there were deferred (future years) tax levies of $159,000 associated with Refunding Bonds of 1964. ' c. Discounting defer°red tax levies, liabilities (bond principal and interest payable), were greater than assets (cash on hand, special assessments receivable and future interest earninqs) by $158,809. ' ' �' � ' 8 C 1 Page 3 ' � , d. The remaining bond principal and interest rnust be retired over the next three years. The formula used for determining the amount of , transfer was as follows: $158,809 - 3=$52,936 less paid by service c�nrtecti ons = $28,068 � ' � V. THE QUESTION TS,TO t�f�AT USE CA1d THE COU�JCIL LEGALLY PUT TIiE SURPLUS COtJTAINED IN THE RtGULAR SPECIAL ASSESSMENT FUND. I� ' 1. Is the transfer to Bonds of 1963 and Refunding Bonds of 1964 a proper use of the funds? I' , 2. Can the Ci ty Counci 1 appropri ate the surpl us for other governmental purposes such as the purchase of land? M B:sh � C � ' , M cc. Nasim M. Quresl�i , City anager Ci ty Counci 1 � ' , ' ' . ' ' ' ' ' ' ' ' , RESOLUTION N0. i977 8 D ' ' A RESOLJTION AUTHORIZING TRANSFERS FRO�� THE PU6LIC UTILITY FUND, THE REGULAR SPECIAL ASSESSMENTS FUND AND THE REVOLVING FUfdD TO W-75 WATER WORKS IP�PROVEMENT QOfJD Ft1NU, �tATER REFUNDING QONDS OF 1975 FUND, IMPROVEMENT BONDS OF 1963 FUND, AND SPECIAL ASSESSMENTS REFUNDING BONDS OF 1964 . ' WHEREAS, Tax levies have been adopted and filed with the County, or transfers into bond funds are necessary to provide the required amount or money in certain improvement bond funds , , NOW, TNEREFORE, 3E IT RESOLVED, By the City Council of the City of Fridley, meeting at a regular session on the day of as follavs: . l. That a transfer from the Publi;. Utility Operating Fund to the Water Refunding Bond Fund �J-75 in the amount of $41,900 for the purpose of eliminating the tax levy for the year i977, collectible in the year 1978, is author�zed. 2. That a transfer from the Public Utility Operating Fund to the Water Refunding Bands of 1975 Fund in the amount of $58,300 for the purpose of eliminating the tax levy for the year 1977, collectible in the year 1978,is authorized. 3. That a transfer fr�m the Regular Special Assessments Fund to the Improvement Qonds of 1963 Fund in the amount of $3,367 f or the purpose � of eliminating the tax levy for the year 1977, collectible in the year 1978, i s autheri zed. 4. That a transfer fr�m the Regular Special Assessments Fund to the • Refunding �onds of 1954 in the amount of $?_8,OE�8 for th� purpose of eli.minating the tax Tevy for th� year i977, collectible in the year 1978,is authorized. 5. That a transfer of the i977 collections from S�rvice Connections by the Revolving Fund to the Refunding �onds of 1964 for the purpose of eliminating the tax lev,y for the year 1977, collectibie in i978, is authori zed. PASSED AND ADOPTED BY THE CITY COUWCIL OF THE CITY OF FRIDLEY TNIS DAY OF ATTEST : CITY CLERK - MARUTN C. B RUNSE LL , 1977. MaYOR - WILLIAM J. NEE I . 8E ' PU RPOSE ' FOR MEETING DEBT SERVICE REQUIREMENTS FOR IMPROVEMENT FUNDS FOR THE Y�AR 1978 ' REGULAR TO QE TRANS- AVAILABLE FROM SPECIAL FERRED FROM SERVICE CONNEC- ASSESS- PUBLIC UTILITY ', ' FUND REQUIREMENTS TIONS IN 1977 MENT FUND � FUND TAX LEVY W-75 (Water - Refunding) $ 41,900 $ $ $ 41,90J Not 1Jater Refunding Scheduled Bonds of 1975 58,300 58,300 I�i , Bonds of 1963 3,367 3,367 Refunding Qands I�I' of 1964 52,736 24,6b8 28,068 �I' $156,303 $?_4,668 $31 ,435 $100,200 . i� ' I�I r To be paid by Utility Fund $100,200* . i� To be paid by Regular Special Assessments Fund 3�,435 To be paid by Service Connections 24,668 II � 6 0 $15 , 3 3 � , *$28,964.59 of this amount vrill show as an operatin g expense of the Public Utility II' operation as interest expense. ' I ' � ' � ' � 1 � � T0; � F ROM : CITY OF FRIDLEY MEMORANDUM NASIM M. QURESNI, CITY MANAGER, AND CITY COl1NCIL MARVIN C. .BRUNSEL�, ASST. CITY MGR./FIN. DIR. SUBJECT: RESOLUTION TRANSFERRING FUNDS FROM THE PUBLIC UTILITY FUND, � THE REGULAR SPECIAL ASSESSP�lENTS FUND, AN D THE REVOLVING FUND TO VARIOUS SPECIAL BOND FUNDS DATE: MAY 18, 1977 The attached resolution is s�milar to the one that has been adopted in �,' each of the past several years. If this resolution is adopted, no tax levies will be necessary for any of the improvement bond funds for the � year 1977/78. W-75 Bond Fund and Water Refunding Bond Fund of 1975 we re for the express pur�pose of providing financing for improvements to the utility system such as wel 1 s, reservoi rs , etc. Refunding Bond Fund of 1974 provided the financing for substantial improvements in connection with looping water mains. This cost was not 100% assessed against property owners. 6onds of 1973 provided financing for a small amount of sewer main work that was not 100q assessed. ', ' The Public Utility Fund does have sufficient funds to make the required transfer. The funds for the transfer to be made from the Revolving Fund ' are generated by assessments for servi ce connecti ons. Servi ce connecti ons ', � involve assessments to property connecting direct7y to a water or sewer main, or lateral assessments on property, which ave not previ�usly been ' assessed. �� ' A change from pri or years' resoi uti ons i s the transfer from the Regul ar Speci al Assessments Fund. The Regul ar Speci al Assessments Fund's bonds have ail been retired and there remains a substantial surplus in the fund. � The City Coun cil can use this surplus for the purpose indicated in the resolution, so long as the bonds have been retired. MCB:sh Attachments � C� � � ' RESOLUTION N0. 1977 �G ' A RESOLUTION AUTHORIZI(�G TRANSFERS FROM THE PUBLIC UTILITY FUND A(JD TNE REVOLVI��G FUND TO W-75 6JATER WORKS IMPROVEMENT 60ND FUND, WATER REFUNDING BO��DS OF 1975 FUND, IMPROVEMENT BOP�DS OF 1963 FUND, AND SPECIA� ASSESSMENTS REFUNDING BONDS OF 1964 �� ' WHEREAS, Tax levies have been adopted and filed with the County, or transfers into bond funds are necessary to provide the required amount of money in certain improvement bond funds, NOW, THEREFORE, BE IT RESOLVED, By the City Council of the City of Fridley, meeting at a regular session on the day of as follows: 1. That a transfer from the Public Utility Operating Fund to the Water Refunding Bond Fund 4l-75 in the amount of $41,900 for the purpose of eliminating the tax levy for th� year 1977, collectible in the year i978, is authorized. 2. That a transfer from the Pub 1 i c Uti i i ty Operati ng Fund to the Water Refunding Qonds of 1975 Fund in the amount of $58,300 for the purpose of eliminating the tax levy for the year 1977, collectible in the year 1978, is authorized. 3. That a transfe r f rom the Public Utility Fund to the Improvement Bonds ' of 1963 Fund in the amount of $3,367 for the purpose of elirninating the tax levy for the year 1977, collectible in tf�e year i978, is authori zed. 4. That a transfer from the Public Utility Fund to the Refunding Bonds of i964 in the amount of �2F3,068 for the purpose of eliminating the tax levy for the year i977, collectible in the year 1978, is authorized. 5. That a�ransfer of the 1977 collections from Service Connections by the Revolving Fund to the Refunding Qonds of 1964 for the purpose of elimin�ting the tax levy for the year 1977, collectible in 1978, is authorized. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF , 1977. ATTEST: MAYOR - WILLIAM J. NEE CITY CLERK - MARVIN C. BRUNSELI. � CITY OF FRIDLEY MEf40RANDUM T0: NASIM M. QURESHI, CITY ��IANAGER, AND CITY COUNCIL FROM: MARVIN C. BRUNSELL, ASST. CITY MGR.JFIN. DIR. SUBJEC7: TRANS�ERS T� VARIOUS SPECIAL ASSESSMENT FUNDS DATE: JULY 14, 1977 0 Attached is my memo �ated May 18, 1977 to the City Manager and Council regarding transfers t� be made to ce rtain special assessment funds. Also, attached is the resolution that accompanied this memo. I have prepared a new resol ution whi ch authori zes al l of the transfers to be made from the Public Utility Fund and service connecti ons , as opposed to maki ng a porti on of the transfers from the Regular Special Assessment Fund. One or the other of the resolutians should be adopted. MCB:sh Attachment �