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11/19/2001 - 00009687THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF NOVEMBER 19 , 2001 The Regular Meeting of the Fridley City Council was called to order by Mayor Lund at 7:34 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund, Councilmember Barnette, Councilmember Bolkcom, Councilmember Billings, Councilmember Wolfe. MEMBERS ABSENT: None. CITY OF FRIDLEY, 2001 RESIDENTIAL STUDY Mr. Bill Morris, Decision Resources, Ltd., presented the results of the telephone survey of Fridley residents. Mr. Morris stated that this survey is conducted every two years. They spoke with 500 randomly selected households between September 10 and September 27. The first area they looked at was recreational programs. These programs are a real asset to the community. Ten percent were using the Springbrook Nature Center and sports leagues were doubled from 1999. Senior Center usage also increased. There was no change in summer playground usage but there was an increase in after-school programs. Eleven percent of the households indicated they had water pressure problems. Eighteen percent of households had water discoloration and sedimentation problems. Seven percent had water main disruption. The City of Fridley has always ranked among the highest in the metro area for the number of people indicating satisfaction with City streets. The only change from two years ago was a small increase of people disagreeing that the streets were smooth. Residents feel that the parks are in good condition. Public safety has usually had very satisfied residents. Twenty-five percent of the people indicated they have never had a chance to use the fire department so did not feel they could make a statement. With respect to courtesy and responding quickly, on behalf of police and firefighters, negative ratings are almost non-existent. Calling 911 for police was looked at and about 1/4 of the community had done so during the past twelve months. That is a little bit higher with the norm at nineteen percent. Eighty-two percent of those who had called 911 indicated that they were satisfied with the response. Si�teen percent indicated they were not satisfied. The eighty-two percent is also above the norm (which is seventy- five percent. Calling 911 for fire or emergency medical service was at ten percent and is at the norm. Ninety-four percent indicated they were satisfied with the response. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 PAGE 2 Mr. Morris stated that more residents indicated that crime had increased. With respect to neighborhood police patrolling, one-third of the respondents indicated that they would like to see an increase in patrolling. The remaining two-thirds indicated there was not a need for an increase. Thirty-four percent of the respondents indicated that they would like to see an increase in speed limit enforcement. One-third of the respondents indicated they would like to see more enforcement in their own home areas. With respect to enforcement of traffic laws, twenty-eight percent indicated they would like to see an increase. Forty-five percent indicated that they had been to a neighborhood watch meeting which is up ten percent from 1999. About 1 in 7 of the residents indicated that they have reported a code violation which is the norm for the metropolitan area. The metropolitan area does not include Minneapolis and St. Paul. Si�ty percent felt the problem was resolved and that is the highest level found in the metropolitan area, the norm being thirty percent. Twelve percent indicated that they have taken out a building permit, and eighty-five percent indicated they were satisfied with City inspections. That is a new high across the metro area for City Inspectors. Rental property inspection impacted only three percent. Seventy-one percent indicated they were satisfied with City rental inspections and twenty-five percent indicated they were not. Mr. Morris stated that ninety-five percent rated BFI as excellent or good for the recycling program. Participation levels dropped a little to seventy-five percent, down from eighty- two percent two years ago. Residents tend to rate the drop-off yard waste site very highly. Twenty-seven percent indicated they had used the City's yard waste site. That amount is higher than the norm for the metro area. About one-fourth of the community indicated that they had used the drop-off site. Ninety-three percent indicated it is an important city service. City empowerment had a stable result from two years ago with roughly fifty-five percent indicating they agreed that the City responded to their concerns in a prompt fashion. Disagreement is about ten percent, low in comparison to other communities where the average is at twenty to thirty percent. Fridley ran counter to suburban trends on the ability to enable people to have a say in government at 63 percent this year indicating they could have a say if they wanted to. About one-fourth of the residents indicated that they have made a request of City staff and the evaluation of the service was exceedingly good. Mr. Morris stated that dissatisfaction with the conditions of appearance of homes, apartments, and how residents viewed their own home, whether they felt safe there and in their neighborhood was minimal. The appearance of apartments had the highest dissatisfaction ratings at about fifteen percent. Residents tend to be very satisfied with the appearance of their neighborhoods, homes, and safety issues in their neighborhoods. There were minimal negative ratings for park and recreational areas, trails, and access to bus routes. There was noticeable disagreement regarding adequate street lighting. In comparison with other communities, the twenty percent that indicated some dissatisfaction with the available street lighting is well below the normal thirty-five percent. Junkyard elimination has had an upward trend with respect to importance. Twenty-four percent of respondents indicated that they would favor the removal of the University Avenue fence, and fifty percent percent indicated they would oppose the removal of the fence. The rest were unsure of the issue. Commuter rail was important to FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 PAGE 3 two-thirds of the residents. Seventy-four percent indicated they would support the site on the BNSF tracks near 61st Avenue. Fifteen percent were opposed to the plan. Thirty-one percent indicated they considered it to be very important and felt it was a very useful alternative to driving. A more rigorous housing code and declaring properties as nuisances had the support of si�ty-nine percent of the respondents. Twenty-five percent disagreed. Snowplowing of bikeways was opposed (fifty-nine to thirty-three percent) due to the cost not justifying the service. Housing development priorities had thirty-nine percent indicating priority should be for senior housing while thirty-eight favored starter housing. Those over the age of 45 had senior housing as a priority and those under the age of 45 favored starter homes. Fifty-seven percent indicated they would favor cooperation with the Metropolitan Council while thirty-six percent indicated they would oppose the plan. Mr. Morris stated that vehicle storage regarding boats and campers in the driveway was favored by forty-seven percent and opposed by forty-six percent. Residents had strong opinions about this. White collar households tended to favor this more frequently than blue collar households. The street reconstruction program had ninety-five percent of the residents satisfied with the quality of the work. Eighty-four percent of the people felt it was a good idea to continue with the program. The awareness of the Values First Program was still fairly limited. One-third of the respondents indicated awareness. One- fourth of the respondents indicated they were aware of the expanded City Hall hours. Thirty-six percent indicated they had visited City Hall during those hours. The Neighborhood Resource Officer program was found to be known to about forty percent of the residents, with forty-three percent indicating they met their officer assigned to the neighborhood. Four out of five respondents indicated they read the Focus News on a regular basis. With respect to the newsletter, three-fourths of the respondents indicated they received and read it. Ninety-eight percent said it was useful. Si�ty percent of the respondents subscribed to cable television. Viewership of the City Council meetings was a little more than what was found in other communities. The typical resident of the City watched City Council meetings about four times per year. One-third indicated that they could watch the informational programs, and ninety-six percent thought they were useful. Forty percent felt they were very useful. The norm is 29-30 percent. Computer processes were looked at and six out of ten residents have a personal computer or modem. One-fourth of the respondents had accessed the Fridley web site. One percent indicated they were doing it on a weekly basis and five percent monthly. The norm is about ten percent. There was a major increase in a favorable rating in the way tax money was being spent. Eighty-two percent indicated excellent or good and nine percent indicated fair or poor. This is the only community with an increase in the positive rating. Mr. Morris stated that residents are very pleased with City services and the park and recreational facility ratings were outstanding. City programs have one of the most solid evaluations they have seen anywhere. Fridley residents prove to be upbeat and feel tied in to City Hall and have a say. The findings from this survey are the most positive they have had in the last twelve months. Mayor Lund thanked Mr. Morris and asked if Council had any questions. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 PAGE 4 Councilmember Bolkcom asked if Council would receive more specific comments regarding street repair. Mr. Morris stated that they would receive the specific comments. Councilmember Bolkcom asked if the commuter rail comments included a breakdown in satisfaction by ward. Mr. Morris stated that the support level was at 70 percent across the City. Councilmember Bolkcom asked what they could do with the information as a City. Mr. Burns, City Manager, stated that staff goes through the results very carefully. He said he would be meeting with City departments to discuss the results. This would also be a background for the Council and Commission survey conducted in the first part of the year. There was a surprising finding that 14 percent of the population was violating the 30 percent on housing. Mr. Morris stated that the 14 percent was disproportionate. They did find, however, newer folks to the community with children were spending in the 30 percent and up category. Mr. Burns stated that Metropolitan Council showed that 36 percent of people metro-wide were spending more than 30 percent, so Fridley is low compared to what he expected. He asked how the number compared with what they are seeing metro-wide. Mr. Morris stated that the City of Fridley was the first one out of the box on this. Two other studies are not completed yet but 17 percent had no idea how much of their account was being spent on housing. Mayor Lund asked how many surveys Mr. Morris does in a year. Mr. Morris stated that they work with thirty to fifty cities in the metropolitan suburbs. Councilmember Bolkcom asked when the final report would arrive. Mr. Morris stated it would be issued in two weeks. Mr. Burns stated that it has always been a pleasure to work with Mr. Morris and the quality of his analysis is very good. Councilmember Wolfe stated that he was very impressed. Councilmember Bolkcom thanked the residents who gave their time for this survey. Councilmember Billings asked how the subjects were chosen. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 PAGE 5 Mr. Morris stated that they were randomly picked with random digit dialing on the basis of exchanges the telephone company provides. He said they go through a very elaborate filtering system. APPROVAL OF PROPOSED CONSENT AGENDA: MOTION by Councilmember Barnette to approve the proposed consent agenda as presented. Seconded by Councilmember Wolfe. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. APPROVAL OF MINUTES: City Council Meeting of November 5, 2001. APPROVED. OLD BUSINESS: 1. ORDINANCE NO. 1161 AMENDING THE CITY CODE OF THE CITY OF FRIDLEY, MINNESOTA, TO REPEAL CHAPTER 113, ENTITLED "SOLID WASTE DISPOSAL AND RECYCLING COLLECTION" AND ADOPT A NEW CHAPTER 113, ENTITLED "SOLID WASTE DISPOSAL AND RECYCLING COLLECTION": Mr. Burns, City Manager, stated that this is a comprehensive provision with some major changes including allowing containers larger than 32 gallons if they are included in an approved container. They may also placed curbside on collection day. Containers may be stored in view of the street but not in the front yard. Recycling fees are now set by resolution rather than ordinance. Composting has added a restriction concerning the distance from water and property lines and homes. Term of licensing for solid waste haulers changed from May 1 to April 30. Proceedings were also established pertaining to the revocation of a hauler's license. WAIVED THE READING AND ADOPTED ORDINANCE NO. 1161 ON THE SECOND READING AND ORDERED PUBLICATION. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 PAGE 6 NEW BUSINESS: 2. RESOLUTION NO. 61-2001 APPROVING RECYCLING SERVICE FEES: Mr. Burns, City Manager, stated that this resolution would allow for a small fee increase in recycling services for 2002. ADOPTED RESOLUTION NO. 61-2001. 3. SPECIAL USE PERMIT REQUEST, SP #01-12, BY TROY FINDELL, FOR A SECOND ACCESSORY STRUCTURE (GARAGE), GENERALLY LOCATED AT 1340-69TH AVENUE N.E. (WARD 2): Mr. Burns, City Manager, stated that this is a request to construct a 780 square foot accessory building in conformance with code requirements. Staff is recommending concurrence with the Planning Commission's recommendation to approve subject to six stipulations. APPROVED SPECIAL USE PERMIT REQUEST, SP #01-12 WITH THE FOLLOWING SIX STIPULATIONS: 1. PETITIONER SHALL INSTALL CODE REQUIRED HARD SURFACE DRIVEWAY WITHIN 12 MONTHS OF ISSUANCE OF THE BUILDING PERMIT; 2. PETITIONER SHALL OBTAIN ALL NECESSARY BUILDING PERMITS PRIOR TO CONSTRUCTION; 3. THE STRUCTURE SHALL NOT BE USED FOR A HOME OCCUPATION OR LIVING AREA; 4. ALL VEHICLES SHALL BE STORED ON A HARD SURFACE AS APPROVED BY THE CITY; 5. TOTAL SQUARE FOOTAGE OF ALL ACCESSORY STRUCTURES MUST NOT EXCEED 1,400 SQUARE FEET; AND 6. GARAGE SHALL BE ARCHITECTURALLY COMPATIBLE WITH EXISTING HOME AND FINISHED WITH COMPLEMENTARY SIDING AND COLOR SCHEME. 4. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 506 OF THE FRIDLEY CITY CODE PERTAINING TO UNATTENDED VEHICLES: Mr. Burns, City Manager, stated that the changes are made to the end date of the City's parking ban from May 1 to April 1. Staff recommended Council's approval. WAIVED THE READING AND APPROVED THE ORDINANCE ON FIRST READING. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 PAGE 7 5. RESOLUTION NO. 62-2001 RECEIVING THE PRELIMINARY REPORT AND CALLING FOR A PUBLIC HEARING ON THE MATTER OF CONSTRUCTION OF CERTAIN IMPROVEMENTS: EDGEWATER GARDENS NEIGHBOR-HOOD STREET IMPROVEMENT PROJECT NO. ST. 2002-1: Mr. Burns, City Manager, stated that the streets for ne�t year's project include 65 1/2 Way, 66th Way, 66 1/2 Way, 67th Way, Rice Creek Way, Hickory Street, and Ashton Avenue. The hearing is scheduled for December 17, 2001. ADOPTED RESOLUTION NO. 62-2001. 6. RECEIVE PETITION REQUESTING ADDITIONAL "NO PARKING" SIGNS AT 65TH AVENUE AND TH65 WEST SERVICE DRIVE: Mr. Burns, City Manager, stated that the Public Works Department strongly supports this request. RECEIVED PETITION. 7. RESOLUTION NO. 63-2001 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR FRIDLEY LIONS CLUB (JOE DIMAGGIO'S): Mr. Burns, City Manager, stated that this is a renewal and staff recommended Council's approval. ADOPTED RESOLUTION NO. 63-2001. 8. RESOLUTION NO. 64-2001 IN SUPPORT OF AN APPLICATION FOR A MINNESOTA LAWFUL GAMBLING PREMISE PERMIT FOR FRIDLEY VFW, POST 363: Mr. Burns, City Manager, stated that this is also a renewal and staff recommended Council's approval. ADOPTED RESOLUTION NO. 64-2001. 9. RESOLUTION NO. 65-2001 IN SUPPORT FOR THE NORTHSTAR COMMUTER RAIL PROJECT: Mr. Burns stated that the Northstar Corridor Development Authority has asked that all cities in the Highway 10/47 corridor renew their support for the project. ADOPTED RESOLUTION NO. 65-2001. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 PAGE 8 10. CLAIMS: APPROVED CLAIM NOS. 102395 - 102635. 11. LICENSES: APPROVED ALL LICENSES AS SUBMITTED. 12. ESTIMATES: Dave Perkins Contracting, Inc. 14230 Basalt Street N.W. Ramsey, MN 55303 2001 Street Improvement Project No. ST. 2001-1 FINAL ESTIMATE $48,754.45 No persons in the audience spoke regarding the consent agenda items. ADOPTION OF AGENDA: Councilmember Wolfe stated that he would like Item No. 13 to be removed from the Agenda. MOTION by Councilmember Wolfe to adopt the agenda as amended with the removal of Item No. 13. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM, VISITORS: No persons in the audience spoke. PUBLIC HEARINGS: 13. CONSIDERATION OF LICENSE REVOCATION FOR SPIKERS GRILLE & BEACHCLUB: THIS ITEM WAS REMOVED FROM THE AGENDA AFTER IT WAS DETERMINED THAT TAX ISSUES RAISED BY THE STATE OF MINNESOTA HAD BEEN RESOLVED. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 PAGE 9 14. CONSIDERATION OF AN UNSAFE BUILDING AT 5800 TENNISON DRIVE N.E. (WARD 2) (TABLED AUGUST 13, 2001): MOTION by Councilmember Wolfe to open the public hearing. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Hickok, Community Development Director, stated that the first affidavit he would like submitted into record is one from the City's Building Official, Ron Julkowski, regarding the hazardous building located at 5800 Tennison Drive. In his affidavit, Mr. Julkowski indicated that he reviewed the June inspection and has determined the following conditions exist: 1. Open sewer lines throughout most plumbing fi�tures-- mainly missing or leaking p-traps. Per state building code, all fi�tures must have the proper trap and a minimum two-inch water seal within the trap. Failure to have the proper traps will fill the house with methane gas. All plumbing waste and piping should be repaired and retested. 2. The water supply piping had many leaks and shut off valves were not in working order. This could contaminate the City's water supply system in the event of backflow or back siphonage. 3. A gas leak was discovered at the clothes dryer connection. The gas supply lines and gas valves need to be inspected and retested to avoid explosion or fire. 4. The clothes dryer was not properly vented. All fuel-burning appliances need to be vented to the outside to prevent the possibility of carbon monoxide poisoning. 5. The water heater was not installed properly according to code. At the time of inspection, the main water shut-off valve was closed which makes this a constant, explosive and very dangerous situation. The second affidavit to be entered into the record contains Fridley Fire Marshal Ralph Messer's incident and investigation report. It also includes the Fridley building inspection division memo from David Jensen, the Community Development Director's affidavit to the Anoka County Court for a search warrant; Sections of the Minnesota Building Code #102; the City of Fridley's Code of Ordinance Chapter #110; an unsigned letter from Attorney John J. Curt to Alan Stensrud from the Animal Humane Society; a letter dated June 5 from Ms. Shelley Garber; an Anoka County Human Services report; a Check on Welfare report; an Anoka County Community Health and Environmental Services Department report; a letter to Mr. Julkowski from Shelley Jensen, Attorney at FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 PAGE 10 the time for Ms. Garber; a notice to not occupy the property; a letter from the City of Fridley to Ms. Jensen; a request for a hearing before a Hearing Officer; a letter from the City to Ms. Garber identifying James Gurovitch as the Hearing Officer providing instruction; the hearing notice for a public hearing; and, and colored photographs of inspections on the property. Mr. Hickok indicated that staff received a letter from Ms. Garber on October 27 which indicated items she felt had been completed. They also received a letter addressed to Mr. Burns that was dated November 17, describing the property owner's position on the hearing. Mr. Hickok stated that nine dogs and cats were evident in the home upon the initial inspection. The existence of the dogs without a kennel permit is a violation of the Animal code of the City of Fridley. An administrative warrant was issued and an investigation was completed with the Chief Building Official and Anoka County Health officials. Two specific state violations were thought to exist based on observations of the first inspection. There was concern about the Uniform Building Code, Section 102, Unsafe Buildings or Structures. Inspection records from the Fire and Building Division indicate years of fecal matter present and other items of concern. City Code, Chapter 110, Public Nuisance, was also violated. Mr. Hickok stated that there was evidence that mice were present. A dead mouse was observed in the refrigerator of the home in a dish. Sanitary facilities were shut off by the owner. Evidence that fecal matter was dumped down the floor grade existed and there was no floor grate, which would allow rats to enter the home. Last June, an official determination was made that this was an unsafe building due to fecal matter, open water and sewer systems, no working toilets or flushable electric service. There was also leaking natural gas behind the dryer with potential structural deficiencies due to lack of maintenance. A hearing officer involved and by statute, the owner of the property deemed unfit for habitation must be given opportunity to repair or demolish the property. Three offers to the homeowner were made. One offer was to have the matter heard by the hearing officer. A hearing was held on August 30, 2001, and recorded by videotape. The hearing officer reviewed original warrants, summary reports prepared by staff, Anoka County Health and Human Service reports, and Humane Society documents. At the hearing Ms. Garber indicated she had $70,000 and would have the home ready to reoccupy by October 15, 200 L Ms. Garber's son indicated at the hearing that they had the completed the e�termination, removed the clutter inside, and had obtained a roofing permit to reroof the house. City staff held off this hearing to allow the homeowner to complete the work. The roof job has been completed and the chimney repaired on exterior. One full dumpster of debris has been removed and a new garage door installed. During the hearing in September, an official report was received from James Gurovitch who concluded that the residence of Shelley Garber is an unsafe building and a public nuisance. The City's actions were justified in accordance with applicable laws. The work had not been completed by the anticipated date. Ms. Garber indicated that she planned to professionally power clean the home. The interior of the home is beyond power cleaning. Her son, Tony Garber, indicated the house would be gutted and rebuilt. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 PAGE 11 Conditions in the house would require this approach. No inspections have been scheduled and no additional time frames have been established. The home sits empty, vulnerable to insects, rodents, and trespassers. Normal enjoyment of the surrounding property is a nuisance concern. Mr. Hickok indicated that once this hearing is closed, Council may act on a resolution approving City expenditure and assessment of the property. If Council chooses this alternative, the City will ask for authorization for Anoka County Court to demolish or reenter to make repairs, clean up, and bill the property for those costs. Staff anticipates cost of reconstruction to exceed $70,000. The alternative is to demolish the house. The demolition cost estimate is $20,000. The hearing should be continued and a resolution approved to authorize abatement and allow Staff to proceed to Anoka County for an authorization. Councilmember Wolfe asked if Ms. Garber should be given more time because of the street improvement conditions leading to her home that hampered the improvements she wanted to make to home. It was hard to get a dumpster up there. Mr. Hickok stated that this case began in June. The street asphalt work began on September 10. Water main work was completed on September 25, the grading work was done on October 4, and the curb was installed on October 10. The road was not able to be utilized on one day stretching into possibly a second day. One lane was always passable. Ms. Shelley Garber, the property owner of 5800 Tennison Drive, N.E., stated that even though there was somewhat of a lane available, she could not even get her car up that lane some days. That did hamper the progress. There is more work to be done. It is too complicated to explain how her house got this way. Her son is in charge of the project with a construction company. She has an estimate now of how they planned to go forward, with a loan available based on stock as a collateral. The stock after the crisis on September 11 went down. Her son is now taking out a loan. Mayor Lund asked if any other permits have been pulled. Ms. Garber stated that the roof is completed and the rest was not able to be done due to not having a dumpster available. They also had a plumbing contractor who could not do the plumbing because of the streets. The roofing contractor has had to hand carry the compressor down through the backyards to get out of the area. She does not like the thought of her house being gutted because she has a vision of a deer being gutted. However, her contractors are going to do what is necessary and the estimate spells out the duties. They have already spent about $10,000 and she thought it a good idea to power clean before they rip up everything. She said they were totally willing to cooperate with Mr. Julkowski and Mr. Hickok. Mayor Lund asked what time frame she wanted and what she wanted from Council. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 PAGE 12 Ms. Garber stated that she wanted to finish the house and put it on the market. The house is not abandoned because she is there every day packing and cleaning. The yard is mowed. The garage door is replaced and it looks like a normal house. Mayor Lund stated that it sounds like she wants the same thing as the City wants which is to get some type of completion. He asked what kind of a time frame she needed. Ms. Garber stated that she felt bad that they were not done by now. They plan to be done by December 15 and the contractors are ready to go. Councilmember Wolfe asked if the plumber could not get in because the roads were bad, is it too late for him to come back now? Ms. Garber stated that she needed it inspected and does not know what all needs to be done hersel£ The gas people that were in there last winter did not mention the gas leak. She survived living in this house up to twenty years when it was not up to code. She is grateful that she is out of there and the house will be repaired. Councilmember Wolfe stated that he lives in the neighborhood and was able to drive up and down the streets. Ms. Garber stated that the plumbers work during the day when you could not drive up. Councilmember Wolfe stated that he drove there during the day. Ms. Garber stated that it was not like that every day. Councilmember Bolkcom asked what the estimate she mentioned was regarding. Ms. Garber stated that it included solidifying the outside and redoing all the windows, removing all rotten flooring, and going to substructure. She indicated that all plumbing and electric must be inspected and replaced as determined. The replacement cost were to be determined at inspection. The kitchen, two bathrooms, countertops and floors will all be redone. Addition of carpet and refacing and refinishing sheet rock is also included. MOTION by Councilmember Wolfe to accept two affidavits and the letters from Ms. Garber. Seconded by Councilmember Bolkcom. Councilmember Billings asked if he was receiving into record all the items itemized by Mr. Hickok. Councilmember Wolfe stated that was correct. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 PAGE 13 MOTION by Councilmember Wolfe to accept Ms. Garber's estimate from the contractor into the record. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked if another dumpster was going to be used because the road is now fixed. She also asked when the contractor would start. Ms. Garber stated that the contractor would start on December 3. He will be on site doing work for two weeks and will be done by December 17. Mayor Lund stated that Ms. Garber anticipated the work to be completed before January 1, 2002. Ms. Garber stated that was correct. Mayor Lund stated that contractors know how to work with no heat. Ms. Garber stated that they do but she is not used to it. Mayor Lund asked what the time frame was for the ne�t step. Mr. Knaak stated that it would be submitted and filed with the County Court if the resolution was passed. Ms. Garber would have 20 days in which to respond. Ordinarily if the party is interested in reaching a resolution, it would be negotiated and a stipulation would be entered at the court and it would enforceable. The sanction for non- performance would depend on the negotiations. Mayor Lund stated that the abatement issue may go away if they accept the resolution and Ms. Garber and her son have time to resolve the issue. Mr. Knaak stated that nothing would stop this process from continuing and the Judge usually asks if there has been any progress in resolving the issues raised in the resolution. If there is, the Judge will seek some kind of resolution short of an actual trial. This can result in the house being destroyed if the findings of the City are upheld. Councilmember Wolfe asked if this was enough to stop the process. According to Mr. Julkowski and Mr. Hickok the amount of money in the contractor's estimate was only 1/3 of what the estimates were. Ms. Garber stated that she does not know why. They have already done $10,000 worth of work. Councilmember Wolfe asked when the second dumpster was there. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 PAGE 14 Ms. Garber stated that one dumpster was only for removal of junk and the other one was for the roof. Mr. Knaak, City Attorney, stated that the mark-up is an incentive. Mr. Hickok stated that we should be clear that the estimate only includes the cost for inspection of plumbing-not doing it. That is a$300 charge. It talks about removing existing windows and replacing those and is very nondescript in the charge for the kitchen and two baths. The sum of $5,000 is pretty low and may be to only refurbish. Carpeting and sheetrocking is included. The estimate does not include the plumbing system that needs to be possibly be completely replaced. The other systems also need to be looked at. This is basically cosmetic charges. Ms. Garber stated that they would do whatever it takes. Councilmember Bolkcom stated that the estimate is not including everything and she wants to make sure Ms. Garber is aware of all the issues and items that need to be corrected. Ms. Garber stated that she does know. Mayor Lund stated that they are not really refuting the potential for abatement tonight. Ms. Garber stated that she does not really understand abatement. Mr. Burns, City Manager, stated that abatement may take form of rehabilitation of the house or demolition of the house. Mr. Hickok stated that staff recommendation is demolition of the house which would cost approximately $20,000. Mayor Lund stated that would be prudent if there are estimates up to $70,000. Ms. Garber has time and could stop the process if she wants. Ms. Garber stated that it is difficult for her and she feels like she should do everything that is possible and just go forward. Councilmember Barnette asked if there was a resolution to demolish the home and the home is gone with a$20,000 bill that has to be paid, what value is left? Mr. Hickok stated that the value of the lot is left. Ms. Garber stated that she was offered $200,000 for her lot before without the house for development. She does not want to sell to a land developer. This is not an issue for her, because she is retired. It is a value to her heirs. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 PAGE 15 Councilmember Bolkcom stated that they are not here tonight to determine what is done and how it is done, but to determine whether to remove or repair a hazardous building at this address. She is well aware of what she needs to do. She is concerned too, but the waters are getting muddy. Mr. Knaak stated that is correct, and usually you would expect that the result would be to repair the home. This moves the enforcement process forward and does not require destruction of the house or anything other than the removal of the as-is conditions. If that cannot happen without raising the house, at that point, that is what occurs. Mayor Lund thanked Ms. Garber for her comments. Mr. Ron Julkowski, Building Official, stated that there may be bids on general work, but there are code items to address. He is not used to this, he is only used to fire and water damage. He felt another professional was needed to give an opinion and give advice on how to apply for the proper permits. Mayor Lund stated that Ms. Garber is willing to cooperate with that as we work through the process. Councilmember Wolfe asked if the improvements seemed more cosmetic. Mr. Julkowski stated that part of his report had an inclusion stating that because of the darkness without electricity, the inspection was done with flashlights. A lot of the detail work has to be done when things are ripped apart to see how far the rot has gone. It is very important to look at the plumbing or what is inside the walls. As a City we have to look at potential buyers to make sure things are done properly. MOTION by Councilmember Wolfe to close the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE PUBLIC HEARING WAS CLOSED AT 9:15 P.M. NEW BUSINESS: 15. RESOLUTION NO. 66-2001 ORDERING THE REMOVAL OR REPAIR OF A HAZARDOUS BUILDING, PURSUANT TO MINNESOTA STATUTES, SECTION 463, LOCATED WITHIN THE CITY OF FRIDLEY, MINNESOTA (5800 TENNISON DRIVE N.E.): Mr. Hickok, Community Development Director, stated that this resolution was referred to in the public hearing, and sets the course for what it is Council would like to have happen. Staff recommended approval of the resolution with demolition being the end product. There is a date in the resolution that should be the end date. At that point, if the project is not complete staff will recommend that we proceed. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 PAGE 16 Mr. Knaak, City Attorney, stated that since this initiates the process, it would not be appropriate to specify a date in the resolution itself. It could be 20 days, or mid- December before there would be a hearing. Certainly Staff could be directed to allow for a certain amount of discussion by December 31. MOTION by Councilmember Wolfe to approve Resolution No. 66-2001. Seconded by Councilmember Bolkcom. Councilmember Billings asked if the inspection would be done by qualified people in the business of renovation. Would it be appropriate to add an item L. to Section 2 indicating that is one of the things we would like to have done? Mr. Knaak stated that the concerns raised by the Building Inspector were legitimate but not part of the factual underpinnings of the resolution. It would not be appropriate. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Councilmember Bolkcom asked if Ms. Garber would be receiving a letter at home stating that as of tomorrow the resolution had been passed? Mr. Hickok stated that she would. 16. RESOLUTION NO. 67-2001 PROVIDING FOR WATER RATE CHANGE: Mr. Pribyl, Finance Director, stated that the last water rate treatment rate change was in 1996, and staff is requesting a rate increase at $1.00 per thousand gallons to $1.04 per thousand gallons for those consumers under 500 gallons. Staff is requesting that the rate for over 500 gallons go to $1.09 per thousand. He said this is based on resources necessary to operate the water utility activities for 2002. This increase is in compliance with the requirements of the City Charter. Councilmember Bolkcom asked if the City was operating in the deficit right now. Mr. Pribyl stated they are projecting that in 2002, the City would be in the deficit possibly even with this rate increase. MOTION by Councilmember Barnette to adopt Resolution No. 67-2001. Seconded by Councilmember Bolkcom. Councilmember Bolkcom stated that we are limited on the four percent increase at this rate. Mr. Pribyl stated that was correct. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 PAGE 17 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 17. RESOLUTION NO. 68-2001 PROVIDING FOR SEWER RATE CHANGE: Mr. Pribyl, Finance Director, stated that the last rate increase for sewer was in 2000 with a reduction based on the City's costs for sewer disposal charges. He said they see increases coming in the near future and based on those increases, see a need for a rate increase for 2002 from $2.20 per thousand gallons to $2.28 per thousand gallons. This is based on the limitation the Charter imposes. Staff is also recommending the City increase the consumption on that cap by 2,000 gallons by about $3.00 per quarter. This is based on the necessary resources for property class required to operate for 2002. the single family minimum charge is $27.36. Commercial Industrial minimum charge is $57.00. The non-profit entity charge would be $57. Multiple dwellings would be $57. Qualified Disabled Senior Citizens would be a maximum of $22.80. There is a maximum of 10,000 gallons that would be charged on that class category. MOTION by Councilmember Billings to adopt Resolution No. 68-2001. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mayor Lund stated that these rates fluctuate. This is not a way of raising fees but to only do what is necessary for these enterprise funds. 18. RESOLUTION NO. 69-2001 PROVIDING FOR A STORM WATER DRAINAGE RATE CHANGE: Mr. Pribyl, Finance Director, stated that the last rate change was modified back in 1996. Staff is recommending the Residential Equivalency Factor be increased from $8.40 to $8.73 per quarter at a cap of four percent placed on it by the City Charter. This is requirement placed in the budget for 2002 to bring it to adjustment status. Councilmember Bolkcom asked if it ended up being $2.91 per quarter and if it was operating at a deficit now. Mr. Pribyl stated that was correct at $2.91 per quarter and it is at a deficit right now. Mayor Lund asked if the four percent would be adequate. Mr. Pribyl stated that it would not be. It would still operate at a minor deficit. MOTION by Councilmember Bolkcom to adopt Resolution No. 69-2001. Seconded by Councilmember Barnette. FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 19, 2001 PAGE 18 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 19. INFORMAL STATUS REPORTS: Mayor Lund stated that he attended a nice Thanksgiving choral concert at Grace Evangelical Church on Sunday Afternoon. He would invite the community to come out to this event in the future. Councilmember Bolkcom stated that City Hall is closed on Friday and she wishes everyone a Happy Thanksgiving. She indicated that there will be a meeting with Columbia Heights School District No. 13, and the City Councils of Fridley, Columbia Heights and Hilltop on November 29 at 5:30 p.m. at the Community Center. ADJOURN: MOTION by Councilmember Barnette to adjourn the meeting. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE NOVEMBER 19, 2001, CITY COUNCIL MEETING ADJOURNED AT 9:36 P.M. Respectfully submitted, Signe L. Johnson Scott Lund Recording Secretary Mayor