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12/11/2006 - 6118w =' �r � T � ..� CffY OF FRIDIEY FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 2006 7:30 p.m. - City Council Chambers Attendance Sheet ALFASF PR/NT NAMF, ADt�RFSS AMU /TFM NUMBFR YaU ARF /NT�RFSTFO /N. Print Name (Clearlpj Addxess ' Item No. �� ����l���G� M�- ( �' C°r�-c,�,� �f �`i I'1'11'� �' � / , ; , �;: - c:,-r%: °c� L J -�7.7u L" � �' .� �°� � /T 1, � � � t �. E: C;�� ','� � �`� ;.. � �� � � �� , � � - �'"- - � � '% �V �s l ( �Ji�} ` � � / /' u ,f��,��s �11 � ic.'C v /`7 /i :✓ �'1� / l C �.�7 S / ,%�/ ��' ` /j G� l _l �� ,�:� -3� � S t �1 % � c / h.1. .,-. � �-- / %, �,,%t� � 'i ,. '� � �,,- (�✓-�j f " � r ; 4 � /L/� -- �., �. �'►��rw�c ��j��"r�1HwA�i� L� £�' —. � ! = t��--' �ij�����-- �' �ZG� ��flc^rl�> '' — ��/ � i FRIDLEY CIfY COUNCIL MEETING OF DECEMBER 11, 2006 � �� CffY OF FRIDLEY The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 at least one week in advance. (TTD/763-572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. Resolution Ordering Final Plans, Specifications and Estimates of Costs Thereof: 2007 Neighborhood Street Improvement Project No. ST. 2007 —1 ....��.�.+��,....... 1 - 3 2. Resolution Authorizing a Change in Mileage Reimbursement Rates for the 2007 Calendar Year ..........'�,;�'tj•(•�•��� 1.......... 4 - 5 3. Resolution Providing for Sewer Rate Increases ......20��..�..o..... 6 - 7 4. Resolution Providing for a Storm Water Drainage Rate Change �O� ..... 8- 9 ` t� APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUEDI: 5 Resolution Providing for Water Rate Changes ........................ ........ 10 - 11 200 �-g Z. 6. Resolution Approving Recycling Service Fees ............ .. .... . ....... 12 - 14 �.n�.� =q3. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 7. Resolution Calling for a Public Hearing on Modifications to the Redevelopment Plan for Redevelopment Project No. 1 and the Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1-3, 6-7, 9 and 11-18, Creation of Tax Increment Financing District No. 19 and Approval and Adoption of a Tax Increment Financing Plan Relating Thereto............................... .......... 15 -19 2oo6-q ��. 8. Resolution Authorizing a Salary Increase for the Fridley City Manager ...................... 20 - 22 Zoo�-95 � 10 11 Claims.............�............................... 23 Licenses ......................................... 24 - 29 Estimates ........................................ 30 ADOPTION OF AGENDA. OPEN FORUM (VISITORSI: Consideration of Items not on Agenda —15 Minutes FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11 2006 PAGE 2- �� " PUBLIC HEARINGS: 12 13 Consideration of an Intoxicating Liquor License for Baggan's Pub, 3720 East River Road N.E. (Ward 3) (Continued November 20, 2006) 31 ���� �� Consider the Building Located at 13 Horizon Circle Hazardous and Order its Removal or Repair Pursuant to Minnesota Statutes, Section 463 (Ward 3) ........................ 3� = 33 14. Consider the Building Located at 8100 East River Road Hazardous and Order its Removal or Repair Pursuant to Minnesota Statutes, Section 463 (Ward 3) ........................ 34 - 35 NEW BUSINESS: 15. Resolution Certifying Final Tax Levy Requirements for 2007 to the County of Anoka ........ 36 - 37 2.�o�0�-I� 16. Resolution Adopting the Final Budget for Fiscal Year 2007 ................................... 38 - 40 �VO V./ r • / �1 �� 17. Resolution Ordering the Removal or Repair of a Hazardous Building Pursuant to Minnesota Statutes Section 463, Located within the City of Fridley, Minnesota (136 Horizon Circle) (Ward 3) ................................... 41 - 43 18. Resolution Ordering the Removal or Repair of a Hazardous Building Pursuant to Minnesota Statutes Section 463, Located within the City of Fridley, Minnesota (8100 East River Road) (Ward 3) ..... .... . . 44 - 46 �oolo :'��$. NEW BUSINESS (CONTINUED): 19. Informal Status Reports :. ADJOURN. 47 � � CITY COUNCIL MEETING OF DECEMBER 11, 2006 CffY OF FRIDLEI' The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities. Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 at least one week in advance. (TTD/763-572-3534) PLEDGE OF ALLEGIANCE. APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS: 1. Resolution Ordering Final Plans, Specifications and Estimates of Costs Thereof: 2007 Neighborhood Street Improvement Project No. ST. 2007 — 1 ................................................ 1- 3 2. Resolution Authorizing a Change in Mileage Reimbursement Rates for the 2007 Calendar Year ........................................ 4- 5 3. Resolution Providing for Sewer Rate Increases .............................................. 6- 7 4. Resolution Providing for a Storm Water Drainage Rate Change ................................................................................... 8- 9 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 2006 PAGE 2 APPROVAL OF PROPOSED CONSENT AGENDA: NEW BUSINESS (CONTINUED): 5. Resolution Providing for Water Rate Changes .............................................. 10 - 11 6. Resolution Approving Recycling Service Fees ................................................ 12 - 14 7. Resolution Calling for a Public Hearing on Modifications to the Redevelopment Plan for Redevelopment Project No. 1 and the Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1-3, 6-7, 9 and 11-18, Creation of Tax Increment Financing District No. 19 and Approval and Adoption of a Tax Increment Financing Plan RelatingThereto ............................................................................................. 15 - 19 8. Resolution Authorizing a Salary Increase for the Fridley City Manager ....................................................................................... 20 - 22 9. Claims ............................................................................................................. 23 10. Licenses .......................................................................................................... 24 - 29 11. Estimates ........................................................................................................ 30 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 2006 PAGE 3 ADOPTION OF AGENDA. OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes PUBLIC HEARINGS: 12. Consideration of an Intoxicating Liquor License for Baggan's Pub, 3720 East River Road N.E. (Ward 3) (Continued November 20, 2006) ....................................................... 31 13. Consider the Building Located at 136 Horizon Circle Hazardous and Order its Removal or Repair Pursuant to Minnesota Statutes, Section 463 (Ward 3) ........................................................................................ 32 - 33 14. Consider the Building Located at 8100 East River Road Hazardous and Order its Removal or Repair Pursuant to Minnesota Statutes, Section 463 (Ward 3) ........................................................................................ 34 - 35 NEW BUSINESS: 15. Resolution Certifying Final Tax Levy Requirements for 2007 to the County of Anoka ........................................................................ 36 - 37 16. Resolution Adopting the Final Budget for Fiscal Year2007 ....................................................................................................... 38 - 40 FRIDLEY CITY COUNCIL MEETING OF DECEMBER 11, 2006 PAGE 4 NEW BUSINESS (CONTINUED): 17. Resolution Ordering the Removal or Repair of a Hazardous Building Pursuant to Minnesota Statutes Section 463, Located within the City of Fridley, Minnesota (136 Horizon Circle) (Ward 3) ....................................................................................................... 41 - 43 18. Resolution Ordering the Removal or Repair of a Hazardous Building Pursuant to Minnesota Statutes Section 463, Located within the City of Fridley, Minnesota (8100 East River Road) (Ward 3) ....................................................................................................... 44 - 46 19. Informal Status Reports ..................................................................................... 47 ADJOURN. � � CffY OF FRIdLEY TO: FROM: DATE: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 11, 2006 William W. Burns, City Manager Jon H. Haukaas, Public Works Director Layne Otteson, Assistant Public Works Director December 11, 2006 ST 2007-1 Street Improvement Project PW06-072 The attached resolution orders final plans, specifications and cost estimates for the 2007 Neighborhood Street Improvement Project ST2007-1 to prepared by the City's project consultant, SHE, Inc. Recommend the City Council adopt the resolution to continue with final design of the 2007 Neighborhood Street Improvement Project ST2007-1. JHH:Io Attachment RESOLUTION NO. 2006 - RESOLUTION ORDERING FINAL PLANS, SPECIFICATIONS AND ESTIMATES OF COSTS THEREOF: 2007 NEIGHBORHOOD STREET IMPROVEMENT PROJECT NO. ST 2007 - 1 WHEREAS, the construction of certain improvements is deemed to be in the interest of the City of Fridley and the property owners affected thereby, and WHEREAS, the City of Fridley has prepared a Capital Improvement Plan to systematically reconstruct streets in the City to a standard section including concrete curb and gutter, and WHEREAS, the consulting firm of Short Elliot Hendrickson, Inc. was awarded the design contract for Project No. ST. 2007 —1 at the June 26, 2006 City Council Meeting, such contract including the preparation of a feasibility report and estimates of costs thereof for the improvements. WHEREAS, Resolution No. 2006-78 ordered the preliminary plans, specifications, and feasibility report for the improvements in this project, and WHEREAS, Resolution No. 2006-79 received the preliminary report and called for a public hearing on the matter of the construction of certain improvements for this project , and WHEREAS, a public hearing was opened at the November 13t", 2006, City Council Meeting and closed at the December 4t" City Council Meeting regarding this project, and WHEREAS, the City Council has determined a need to reconstruct the streets to maintain them in a safe condition a and at reasonable cost. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fridley as follows: That the following improvements proposed by Council Resolution 2006- are hereby ordered to be effected and completed as soon as reasonably possible, to-wit: Street improvements, including grading, aggregate, hot-mix bituminous pavement, concrete curb and gutter, water and sanitary sewer repairs, storm sewer system, landscaping, and other facilities located as follows: 4t" Street - 57'/ Avenue to 61 St Avenue 5t" Street - 57'/ Avenue to 60t" Avenue 6t" Street - 57'/ Avenue to 60t" Avenue 6t" Street — 61 St Avenue to 63rd Avenue 57t" Place — 7t" Street to Jefferson Street 57'/ Avenue — 4t" Street to 6th Street 58t" Avenue - 7t" Street to Jefferson Street 58'/ Avenue - Little League Fields to Monroe Street 60t" Avenue - 4t" Street to 5t" Street 63rd Avenue — 5t" Street to 7t" Street Jefferson Street - 57t" Place to 59t" Avenue University Avenue Service Drive - 4t" Street to 7t" Street Washington Street - 58t" Avenue to 59t" Avenue Concerto Curve - 73rd Avenue to Ballet Boulevard Lyric Lane - 73rd Avenue to Ballet Boulevard Melody Drive - 73rd Avenue to Ballet Boulevard Tempo Terrace - 73rd Avenue to Ballet Boulevard Memory Lane — 73rd Avenue to Ballet Boulevard Ballet Boulevard — Lyric Lane to Memory Lane Community Park Ballfields No.'s 1& 2 2. That the work be incorporated in the 2007 street improvement project as ST2007-1. 3. That the work be performed under this project may be performed under one or more contracts as may be deemed advisable upon receipt of bids. 4. That the Director of Public Works, Jon H. Haukaas, is hereby designated as the engineer for this improvement. He shall oversee the preparation of plans, specifications and estimates of costs thereof for making of such improvements. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11th DAY OF DECEMBER 2006. SCOTT J. LUND - MAYOR ATTESTED: DEBRA A. SKOGEN - CITY CLERK RESOLUTION NO. - 2006 A RESOLUTION AUTHORIZING A CHANGE IN MILEAGE REIMBURSEMENT RATES FOR THE 2007 CALENDAR YEAR WHEREAS, there has been a mileage rate change in the Internal Revenue Service guidelines; WHEREAS, the Internal Revenue Service has decreased the standard mileage rate to $0.485 cents per mile for 2007; and WHEREAS, an adjustment of the standard mileage rate for the City of Fridley is warranted; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the following change be authorized for employees of the City of Fridley, effective January 1, 2007. 1. Standard Mileage Rate increased to $0.485 per mile. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS l lth DAY OF DECEMBER, 2006. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � � CffY OF FRIDLEI' i'�: FROM.• AGENDA ITEM COUNCIL MEETING OF DECEMBER 11, 2006 WILLIAM W. BURNS, CITYMANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT.• SEWER RATE INCREASE FOR 2007 Date: November 27, 2006 As part of the budget work done this year, we indicated that the Sewer Utility Fund would require a rate increase for 2007. Even with this rate increase, we are projecting this fund to end the year with a deficit. We are recommending an increase for 2007 in the amount of 2.8 % based on the local initiative that limited the amount we can raise the rates. We are recommending that the sewer rates be increased to $2.59 per thousand gallons. This increase would be effective the first billing in January of 2007. Staff is recommending the sewer rate change for 2007. RDP/me Attachment RESOLUTION NO. 2006 - RESOLUTION PROVIDING FOR SEWER RATE INCREASES WHEREAS, Section 402.13 of the City code provides that the City Council shall have the authority to set sewer rates, and Whereas, based on the increases of disposal of sanitary sewer costs, the rate increase of 2.8% is being passed through to the sanitary sewer utility customers. NOW THEREFORE, BE IT RESOLVED, that the following sewer rate schedule shall be effective with the first billing in January, 2007. CONSUMPTION MINIMUM MINIMUM PROPERTY CLASS BASIS CHARGE CONSUMPTION "Single Family" Dwelling Winter Quarter $31.08 12,000 Gallons (including Townhomes) Water Usage Commercial/Industrial Non-Profit Entity including schools Multiple Dwellings (including Trailer Courts) Current Quarter Water Usage Current Quarter Water Usage Winter Quarter Water Usage $64.75 $64.75 $64.75 25,000 Gallons 25,000 Gallons 25,000 Gallons Qualifying Disabled and Senior Winter Quarter Maximum of No Minimum — Citizens Water Usage $25.90 Maximum of 10,000 Gallons All consumption in excess of the minimums stated above will be charged at a rate of $2.59 per thousand gallons. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS l lth DAY OF DECEMBER, 2006. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � � CffY OF FRIDLEY i'�: FROM.• AGENDA ITEM COUNCIL MEETING OF DECEMBER 11, 2006 WILLIAM W. BURNS, CITYMANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT.• STORM WATER RATE INCREASE FOR 2007 Date: November 27, 2006 As part of the budget work done this year, we indicated that the Storm Water Fund would require an increase for 2007. We are recommending an increase for 2007, but because of the local initiative we are limited to an increase of 2.8%. We are recommending that the REF factor be increased to $9.90 per quarter. You might recall that a residential lot was defined to be 1/3 of an REF acre. The quarterly cost for storm water would then be $3.30 per quarter for a residential lot. This increase would be effective the first billing in January, 2007. Staff is recommending the storm water rate change for 2007. RDP/me Attachment RESOLUTION NO. 2006- RESOLUTION PROVIDING FOR A STORM WATER DRAINAGE RATE CHANGE WHEREAS, Section 402.13 of the City Code provides that the City Council shall have the authority to set the storm water drainage fee by resolution, and Whereas, the expenses associated with the maintenance of the storm water system have increased, and WHEREAS, the City has indicated a desire to provide for proper maintenance and improvements to the storm water drainage system, and WHEREAS, both the maintenance and improvements have been outlined in the City's Budget and Capital Improvement Program, and WHEREAS, the new rate is to be effective with the January, 2007 billing. NOW THEREFORE, be it resolved, that the following storm water drainage rate for all customers shall be $9.90 per quarter per REF-acre. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS l lth DAY OF DECEMBER, 2006. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � � CffY OF FRIDLEY i'�: FROM.• AGENDA ITEM COUNCIL MEETING OF DECEMBER 11, 2006 WILLIAM W. BURNS, CITYMANAGER RICHARD D. PRIBYL, FINANCE DIRECTOR SUBJECT.• WATER RATE INCREASE FOR 2007 Date: November 27, 2006 As part of the budget work done this year, we indicated that the Water Fund would require a rate increase for 2007. This fund is projected to end the year of 2007 with a deficit even with the requested rate increase. We are recommending an increase for 2007, but because of the local Charter limitation to the increase in rates, it will be limited to 2.8%. We are recommending that the water rates be increased to $1.18 for the consumption under 5,000,000 gallons and $1.23 for consumption over 5,000,000 gallons per quarter. This increase would be effective the first billing in January of 2007. Staff is recommending the water rate change for 2007. RDP/me Attachment RESOLUTION NO. 2006- RESOLUTION PROVIDING FOR WATER RATE CHANGE WHEREAS, Section 402.13 of the City Code provides that the City Council shall have the authority to set water rates by resolution, and WHEREAS, increases in operating costs since the last water rate increase in 2007 have necessitated an increase in rates limited to an increase of 2.8%. WHEREAS, the rates are to be effective with the January, 2007 billing. NOW THEREFORE, be it resolved, that the following water rate schedule for all customers except those qualifying for the low income senior cirizen and disabled cirizen rate shall be as follows: WATER RATE SCHEDULE 0 - 5,000,000 $1.18/1,000 GaUMinimum $14.16 OVER - 5,000,000 $1.23/1,000 Gal BE IT FURTHER RESOLVED, that the City Council hereby provided a reduced rate schedule for qualifying low income senior citizens and disabled cirizens as follows: SENIOR CITIZEN RATE SCHEDULE 0 - 5,000,000 $.87/1,000 GaUMinimum $10.44 The following criteria must be set to qualify for the low income senior citizen rate: 1. The senior citizens must occupy single family or double bungalow units. The senior citizen rate does not apply to apartments, commercial, industrial, insritutional, or other. 2. The customer or person having responsibility for payment of the water charge must be sia�ty two years of age or older and must provide a copy of a valid Minnesota Driver's License or receipt thereof, or a Mimlesota Identification Card or a receipt thereof with current address for proof of age. 3. The person must certify that the total household income is less than the low income level defined by the Department of Housing and Urban Development. One method of verification may include reviewing a copy of the past year's Federal Tax Form. The following criteria must be met in order to qualify for the low income disabled citizen rate: 1. Disabled cirizens must provide a copy of an award letter from the Social Security Administration indicating that the individual is one hundred percent (100%) disabled. 2. The person must certify that the total household income is less than the low income level defined by the Department of Housing and Urban Development. One method of verification may include reviewing a copy of the past year's Federal 1040 Tax Form. PASSED AND ADOPTED BY THE CITY COUNCII, OF THE CITY OF FRIDLEY THIS llth DAY OF DECEMBER, 2006. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � � CffY OF FRIDLEI' Date: To: From: Subject: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 11, 2006 December 6, 2006 Wlliam Burns, City Manager Scott Hickok, Community Development Director Julie Jones, Planning Coordinator Rachel Harris, Environmental Planner A Resolution to Increase the Solid Waste Abatement Program (SWAP) Fee M-06-150 Background On an annual basis staff reviews the curbside recycling program revenues and expenses in the Solid Waste Abatement Program (SWAP) Fund for the purpose of setting an appropriate recycling service fee on City utility bills for the upcoming year. There are approximately 8,350 single through 4-unit residential buildings and 890 5-unit through 12-unit residential buildings serviced by the City's residential recycling service contract. Revenues are generated for the SWAP Fund from (1) the recycling service fee on the utility bill, and (2) State SCORE grant funds for qualified recycling expenses. The primary source of revenue comes from fees on utility bills. Recyclinq Services On City Utility Bill -- Fees Per Quarter Year* Rate: Residential Dwelling (1-4 Units) 2006 $6.33 2007** $6.51 **Proposed % Increase 2.8% **Proposed $ Increase $ 0.18 *New annual rate begins each year on January 1 Rate: Multiple Dwelling (5-12 Units) $5.37 $5.52 2.8% $ 0.15 Expenses include (1) the curbside recycling service serving 1-12 unit dwellings, (2) recycling drop-off services, (3) personnel, and (4) public education. The largest SWAP fund expense comes from the curbside recycling contract. Contract For Curbside Recyclinq Services -- Fees Per Quarter Year* Residential Dwelling Rate (1-4 Units) 2006 $7.35 2007 $7.50 Percent Increase 2% Dollar Increase $ 0.15 *New annual rate begins each year on April 1 Multiple Dwelling Rate (5-12 Units) $5.13 $5.25 1.5% $ 0.08 In order to help alleviate the projected annual shortfall of the SWAP fund, staff recommends increasing the SWAP recycling service fee by 2.8%, which is the maximum allowable per City Charter based on the CPI. Recommendation Staff recommends that the City Council adopt the attached resolution, directing staff to increase the SWAP recycling service fee by 2.8%, the maximum allowable per City Charter based on the CPI, to $6.51 for 1-4 units and $5.52 for 5-12 units per quarter effective with the January 1, 2007 utility billing. RESOLUTION NO. 2006- A RESOLUTION APPROVING RECYCLING SERVICE FEES WHEREAS, State Statute 115A.552, Subdivision 2, requires the City of Fridley to provide, at minimum, curbside recycling services; and WHEREAS, the City of Fridley has chosen to provide Fridley residents with recycling services, including curbside recycling; and WHEREAS, the State provides only partial funding to subsidize the City's recycling efforts so that the remaining costs must be paid by the user of such services; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Fridley that the per dwelling unit service fee charged to all single through 4-unit residential buildings serviced by the City's residential recycling service contract in the City be set at $7. 50 per dwelling per quarter and all 5-unit through 12-unit residential buildings serviced by the City's residential recycling service contract in the City be set at $5.52 per dwelling per quarter effective with the January 1, 2007, utility billing. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF DECEMBER 2006. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK � � CffY OF FRIDLEI' TO: FROM DATE: RE: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 11, 2006 William W. Burns, City Manager Paul Bolin, Assistant Executive HRA Director December 6, 2006 Resolution to Set Public Hearing to Create TIF District #19 M-06-146 As you are aware from past projects, there are a number of steps needed to create the TIF districts necessary to move development projects forward. The attached resolution calls for setting the date of February 26, 2007, for the Council to hold the public hearing needed to create TIF District #19. TIF District #19 is necessary to move forward with Industrial Equities' redevelopment of the former Guardian Building Products site located at 5110 Main Street. Staff recommends that Council approve the resolution setting February 26, 2007, as the date to hold the public hearing for the creation of the TIF district necessary to proceed with this redevelopment project. RESOLUTION NO. A RESOLUTION CALLING FOR A PUBLIC HEARING ON MODIFICATIONS TO THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1 AND THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NOS. 1-3, 6-7, 9 AND 11-18, CREATION OF TAX INCREMENT FINANCING DISTRICT NO. 19 AND APPROVAL AND ADOPTION OF A TAX INCREMENT FINANCING PLAN RELATING THERETO. BE IT RESOLVED by the City Council (the "Council") of the City of Fridley, Minnesota (the "City"), as follows: Section 1. Public Hearing. 1.01. This Council shall meet on Monday, February 26, 2007, commencing at approximately 7:30 o'clock p.m. at City Hall, 6431 University Avenue N.E., Fridley, Minnesota, to hold a public hearing on the following: (a) modification of the Redevelopment Plan for Redevelopment Project No. 1(the "Project Area") to reflect increased project costs and increased bonding authority within the Project Area; (b) modification of the Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1-3, 6-7, 9 and 11-18 (the "Existing TIF Districts") to reflect increased project costs and increased bonding authority within the Project Area; and (c) creation of Tax Increment Financing District No. 19 and approval and adoption of a Tax Increment Financing Plan relating thereto, all pursuant to and in accordance with Minnesota Statutes, Sections 469.001 to 469.047 and 469.174 to 469.1799, inclusive, as amended and supplemented. Section 2. Notice of Hearing; Filing of Plans. 2.01. The City Clerk is authorized and directed to cause notice of the public hearing, substantially in the form attached hereto as Exhibit A, to be published as required by law, to place a copy of the Redevelopment Plan and proposed Tax Increment Financing Plan (collectively the "Plans") on file in the City Clerk's office and to make such Plans available for inspection by the public. Passed and adopted by the Council of the City this day of , 2006. MAYOR ATTEST: CITY CLERK Page 2 - Resolution No. CERTIFICATION I, , the duly qualified Clerk of the City of Fridley, County of Anoka, State of Minnesota, hereby certify that the foregoing is a true and correct copy of Resolution No. passed by the City Council on the day of , 2006. CITY CLERK G:\WPDATA\F\FRIDLEY\70\TIF\RESOLUTION CALLING HEARING.DOC i�:�:u:��r_� NOTICE OF PUBLIC HEARING CITY OF FRIDLEY COUNTY OF ANOKA STATE OF MINNESOTA NOTICE IS HEREBY GIVEN THAT the City Council (the "Council") of the City of Fridley, Minnesota, will hold a public hearing on Monday, February 26, 2007, commencing at approximately 7:30 o'clock p.m. at City Hall, 6431 University Avenue N.E., Fridley, Minnesota, to hold a public hearing on the following: (a) modification of the Redevelopment Plan for Redevelopment Project No. 1(the "Project Area") to reflect increased project costs and increased bonding authority within the Project Area; (b) modification of the Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1-3, 6-7, 9 and 11-18 to reflect increased project costs and increased bonding authority within the Project Area; and (c) creation of Tax Increment Financing District No. 19 and approval and adoption of a Tax Increment Financing Plan relating thereto, all pursuant to and in accordance with Minnesota Statutes, Sections 469.001 to 469.047 and 469.174 to 469.1799, inclusive, as amended and supplemented. Copies of the documentation relating to the above proposed actions will be on file and available for public inspection in the office of the City Clerk. The property proposed to be included in Tax Increment Financing District No. 19 includes PIN 27-30-24-14-0003, the property immediately west of PIN 27-30-24-14-0003 and east of the railroad tracks, and all adjacent streets, roads, easements and rights-of-way. and which is located generally at 5110 Main Street NE. The attached map shows the boundaries of proposed Tax Increment Financing District No. 19, the area from which tax increment revenues may be generated, and the boundaries of Redevelopment Project No. 1, the area in which the tax increment revenues may be expended. All interested persons may appear at the hearing and present their views orally or in writing. BY ORDER OF THE CITY COUNCIL /s/ City Manager (attach map) bn i� ���� � �:.a �,i fTi��, .. CITY OF FRIDLEY Redevelopment Project Areas and Tax Increment Financing Districts n LEGEND Existing TIF District � Existing Redevelopment Project Area Railroad Corridor � Proposed TIF District #19 � Water Feature N � 0 0.25 0.5 1 Miles � � CffY OF FRIDLEI' T0: FROM: DATE: RE: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 11, 2006 The Honorable Mayor and City Council William W. Burns, City Manager December 8, 2006 Salary Increase for City Manager Attached is a resolution for the approval of a salary increase for my position effective December 11, 2006. As was explained to you in a previous work session, I am seeking this increase since I have not had a performance or merit increase since March of 1993, only annual cost of living adjustments (COLA), which are similarly provided to our other employees, with the exception of three years (2003-2005) when I went without COLA adjustments. My current annual salary is $110,510.00, which trails the actual average of City Managers in the list of peer cities for 2006 by 7.7% or by $9,302.77. I am seeking a three (3) percent salary adjustment effective 12/11/2006, which would put my annual base wage at $113,817.60. This increase impacts other forms of compensation/benefits, which are calculated off of the base wage, including: the equivalent of the PERA contribution (6.0% of base wages for 2006) plus an additional three (3) percent of base wage to be contributed into the City's deferred compensation plan ($6,630.62). The proposed increase request complies with the governor's salary limitation, M S. 43A.17.subd.9, which states "the salary and value of all other forms of compensation...may not exceed 110 percent of the salary of the Governor as set under section M.S.15A.082. The proposed request would fall under the salary cap by more than $12,500.00. With your approval and the increase occurring on December 11, 2006, the result will be a difference of $4,130.95 above the proposed budget for 2007 (not including state, federal taxes and workers compensation taxes). Thank you for your consideration of this resolution and for your continued support. Attachment RESOLUTION NO. 2006- RESOLUTION AUTHORIZING A SALARY INCREASE FOR THE FRIDLEY CITY MANAGER WHEREAS, the Employment Contract between the City of Fridley and William W. Burns, City Manager reached August 29, 1988 set an annual salary amount and benefits; and WHEREAS, the Employment Contract states salary adjustments shall be provided for in the City budget as approved by the City Council; and WHEREAS, Mr. Burns has since received regular cost of living adjustments and benefits equal to those of non-union employees, with the exception of years 2003-2005; and WHEREAS, unlike the City's non-union employees who receive up to seven step increases within 10 years, Mr. Burns has received only two salary adjustments since passing his probationary period on March 1, 1989—one on March 1, 1991 and one on March 1, 1993; and WHEREAS, Mr. Burns' current annual salary is $110,510.00; and WHEREAS, the current salary trails the actual average of City Managers in the list of peer cities for 2006 by 7.7% or by $9,302.77; and WHEREAS, the William W. Burns is seeking a three (3) percent salary adjustment effective December 11, 2006, which would put his annual base wage at $113,817.60; and WHEREAS, the current Employment Contract provides additional or other forms of compensation, which includes: the equivalent of the PERA contribution (6.0% of base wage for 2006) plus an additional three (3) percent of base wage to be contributed into the City's deferred compensation plan ($6,630.62); a car allowance of $3,867.86 (2006); and $50,000 in supplemental life insurance at a cost of $774 per year; and WHEREAS, the proposed increase request complies with the governor's salary limitation, M.S. 43A.17.subd.9, which states "the salary and value of all other forms of compensation ... may not exceed 110 percent of the salary of the Governor as set under section M. S.15A.082;" and WHEREAS, the additional base salary request will result in a difference of $4,130.95 above the proposed budget for 2007 (non including state and federal taxes); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley that the base salary for William W. Burns be adjusted to $54.72 per hour or $113,817.60 per year, effective December 11, 2006. Resolution No. 2006 - BE IT FURTHER RESOLVED that the 2006 and 2007 budgets be amended to reflect the changes and any related taxes and/or other forms of compensation which is impacted by this adjustment. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11TH DAY OF DECEMBER, 2006. SCOTT J. LUND — MAYOR ATTEST: DEBRA A. SKOGEN — CITY CLERK � AGENDA ITEM COUNCIL MEETING OF DECEMBER 11, 2006 CffY OF FRIDLEI' CLAIMS 129686 -129815 � � CffY QF FRIDLEY AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 11, 2006 LICENSES Type of License � FOOD, TOBACCO, RETA/L GAS Approved By: Fridley Gas & Shop Abdi Jama Public Safety Director 6071 University Av NE Fire Inspector Fridley, MN 55432 Community Development � AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 11, 2006 �°F LICENSES FRIDLEI' � � CffY OF FRIDLEI' AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 11, 2006 RENTAL LICENSES License Renewal List (Quarter 4 properties) ProplD 1102 1117 1118 1121 1123 1124 1127 1128 1131 1132 1133 1134 1135 1093 1157 1158 1166 1506 1159 1089 1160 1161 1167 1488 1456 1474 1162 1164 1169 1171 1173 1163 1174 1175 1176 1508 1177 1178 1179 1180 1476 1183 1184 1185 Property Address 5846 2 1/2 St. NE 5851 2nd St. NE 5980 2nd St. NE 6525 2nd St. NE 6541 2nd St. NE 6551 2nd St. NE 4901 3rd St. NE 4913 3rd St. NE 4965 3rd St. NE 4985 3rd St. NE 5005 3rd St. NE 5025 3rd St. NE 5035 3rd St. NE 5310 4th St. NE 5320 4th St. NE 5339 4th St. NE 5347-49 4th St. NE 5353 4th St. NE 5357 4th St. NE 5370 4th St. NE 5401 4th St. NE 5419 4th St. NE 5420-26 4th St. NE 5601-07 4th St. NE 5622-24 4th St. NE 5641 4th St. NE 5644 4th St. NE 5800 4th St. NE 5810-12 4th St. NE 5840-42 4th St. NE 5860-62 4th St. NE 5870-72 4th St. NE 5900-02 4th St. NE 5916-18 4th St. NE 5924-26 4th St. NE 7517 4th St. NE 1050 52nd Ave. NE 1090 52nd Ave. NE 1120 52nd Ave. NE 1170 52nd Ave. NE 571 53rd Ave. NE 451-53 54th Ave. NE 251 57th PI. NE 262 57th PI. NE Units 6 11 4 7 5 6 7 7 11 11 11 11 7 2 4 2 3 1 1 1 4 4 4 4 2 2 7 4 2 2 2 2 1 2 1 1 17 17 16 17 1 2 7 8 Owner TSTP Hyde Park Properties Vitaly & Tatyana Chernikh PaulJohnson James & Jean Johnson Omar R. Nelson Neil Elmquist Neil Elmquist Leonard R. Babinski Leonard R. Babinski Leonard R. Babinski Leonard R. Babinski Milton Carlson Liquid Assets LLC Richard Perkovich Jason Law Duane Schwartz Curtis & Marilyn Lindberg Richard Breneman Bonnie Siegfried James Weatherly Barry & Sheila Jensen Barry & Sheila Jensen Mike Juaire Mike Juaire Tamrah Proctor Ross Taormina John O. Haight Kenneth Jordan Joseph Tohey John L. Majewski Kwei-Tsang Chen Aleksandr Blinova Jeffrey C Nelson Shannon L. Munson John & Susan Kvidera KJ Management KJ Management KJ Management KJ Management Tong Lee Paula Schaub Lowell Efterfield David Rust Inspection Dist Yr Qtr 9 9 9 55 55 55 18 18 18 18 18 18 18 15 15 15 15 15 15 15 15 15 15 13 13 13 13 13 13 13 13 13 13 13 13 3 16 16 16 16 15 15 9 9 2 2 2 2 2 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3 3 3 3 3 3 3 3 3 3 3 3 2 1 1 1 1 1 1 2 2 3 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 if��b��I�I:i License Renewal List (Quarter 4 properties) ProplD 1186 1504 1188 1200 1192 1201 1193 1194 1195 1199 1565 1202 1203 1217 1557 1245 1250 1251 1252 1483 1465 1253 1254 1258 1259 1263 1264 1269 1270 1266 1523 1274 1275 1276 1296 1297 1299 1300 1303 1304 1306 1307 1308 1309 Property Address 359 57th PI. NE 360-362 57th PI. NE 390 57th PI. NE 5365-67 5th St. NE 5370 5th St. NE 5373-75 5th St. NE 5400 5th St. NE 5410 5th St. NE 5420 5th St. NE 5451 5th St. NE 6161 5th St. NE 6232-34 5th St. NE 6242-44 5th St. NE 110 61 st Ave. NE 30 62 1 /2 Way 5600-02 6th St. NE 5606-08 6th St. NE 5612-14 6th St. NE 5618-20 6th St. NE 5932 6th St. NE 5949 6th St. NE 1200 72nd Ave. NE 1250 72nd Ave. NE 1580-84 73 'h Ave. NE 1590-94 73 'h Ave. NE 1581-83 73rd Ave. NE 1591-93 73rd Ave. NE 360-62 74th Ave. NE 370-72 74th Ave. NE 371 74th Ave. NE 333 76th Ave. NE 181 79th Way N E 211 79th Way N E 231 79th Way N E 7313-15 Able St. NE 7325-27 Able St. NE 7349-51 Able St. NE 7365-67 Able St. NE 7417-19 Able St. NE 7433 Able St. NE 7463-65 Able St. NE 7479-81 Able St. NE 7495-97 Able St. NE 7501-03 Able St. NE Units 8 2 4 2 3 1 4 2 3 32 1 2 2 8 1 1 2 2 2 1 1 42 30 2 2 2 2 2 2 4 1 8 8 7 2 1 1 2 2 1 2 2 2 2 Owner Wlliam Toivonen Jason Eckmann Daniel O'Neil Simon Rashid Lee Swanson Joel Hansmann Todd Ellestad Pierre Chamaty Rinehart L. Kurtz JTH Properties Bob Feldiek Real Estate Soluntions James Nelson Rice Family Partnership Ignacio A. Polania Keith Alan Edstrom James Pearson Kenneth Hafner Kenneth Hafner Open Door Investments PK Properties Ed & Sue Anderson Bailey Enterprises, Inc. Mozafar Chehrazi Gary Muske Gary Muske Gary Muske Joseph Tohey Jugal & Rama Agarwal Rudy Bayer Woodcrest Baptist Church John Gutmanis John Gutmanis John Gutmanis David Halek John Glenn Chang Tao Vang Solomon Services, LLC. Todd Fuechtmann Marvey Mayer Mark Jedlenski Verner Investments Verner Investments BCH Properties Inspection Dist Yr Qtr 13 13 13 15 15 15 15 15 15 15 10 10 10 9 8 13 13 13 13 13 13 7 7 4 4 4 4 3 3 3 3 1 1 1 3 3 3 3 3 3 3 3 3 3 3 3 3 1 1 1 1 1 1 1 3 3 3 2 3 3 3 3 3 3 3 4 4 2 2 2 2 2 2 2 2 4 4 4 2 2 2 2 2 2 2 2 2 2 n � � � � � � � � � � ^ � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 12-7-2006 License Renewal List (Quarter 4 properties) ProplD 1310 1311 1312 1313 1314 1315 1316 1061 1318 1542 1044 1045 1046 1047 1077 1346 1338 1507 1352 1353 1545 1582 1363 1365 1366 1368 1479 1054 1599 1496 1553 1078 1536 1371 1375 1059 1540 1477 1064 1426 1429 1436 1441 1446 Property Address 7513-15 Able St. NE 7527-29 Able St. NE 7539-41 Able St. NE 7553-55 Able St. NE 7565-67 Able St. NE 7579-81 Able St. NE 7595-97 Able St. NE 5960-80 Anna Ave. NE 5701 Central Ave. NE 661 Cheryl St. NE 5800 East River Rd. 5820 East River Rd. 5840 East River Rd. 5860 East River Rd. 5950 East River Rd. 6540-50 East River Rd. 6551 East River Rd. 7969 East River Rd. 1301-03 Fireside Dr. NE 7833-37 Firwood Way 1211 Gardena Ave. NE 1249 Hillwind 6341 Hwy 65 NE 6379 Hwy 65 NE 6393 Hwy 65 NE 411-13 Ironton St. NE 536 Ironton St. NE 150 Island Park Dr. NE 729 Kimball St. NE 735 Kimball St. NE 254 Liberty St. NE 176 Longfellow St. NE 301 Longfellow St. NE 6670-80-90 Lucia Ln. NE 995 Lynde Dr. NE 140 Mississippi PI. NE 1250 Mississippi St. NE 1200 Norton Ave. NE 1275-1281 Norton Ave. NE 41 Osborne Way 6335 Pierce St. NE 5650-60 Polk St. NE 6111 Star Ln. NE 6447 Taylor St. NE Units 2 2 2 2 2 2 2 34 32 1 42 42 42 42 12 141 11 1 2 2 1 1 10 8 7 2 1 12 1 1 1 1 1 48 32 4 2 5 4 1 2 32 18 1 Owner Ashraf, LLC BCH Properties Verner Investments Ashraf, LLC Barbara L. Overlien Barbara L. Overlien Barbara L. Overlien Riverwood Rentals, LLC Moore Lake Apts, LLC Shawn Nistler Georgetown Court Apts. Filister Enterprises Filister Enterprises Filister Enterprises Landmark Community Bank Klaus Freyinger Otty Properties Tarik Seferovic Gary Muske Mark Jedlenski Ibraham Hager Jack & Elizabeth Sjobeck Nay-Rox Ltd. Partnership Kennard Littler Nicholas Elmquist Jerome Thompson Scott Morin Wcklow Properties Aminah Amatullah Paul Dotty Garth & Jill Peterson James A. Towner Tarik Seferovic Milton & Ellen Hughes,LLC Moore Lake Apts, LLC Enes Gluhic Gerald Joseph Pehl George Burkstrand Mike Juaire Donald E. Klostreich Robert D. Shimanski MMZ Properties, LLC Rice Family Partnership Wayne S. Johnson Inspection Dist Yr Qtr 3 3 3 3 3 3 3 8 14 1 8 8 8 8 8 55 55 1 4 2 11 14 11 11 11 1 1 8 1 1 1 1 1 7 14 8 11 7 7 2 11 14 9 10 2 2 2 2 2 2 2 3 3 4 3 3 3 3 3 2 2 4 2 1 4 4 4 4 4 4 4 3 1 4 4 4 4 4 3 3 4 4 4 1 4 3 2 3 n � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � ^ � � � ^ � � � 12-7-2006 License Renewal List (Quarter 4 properties) ProplD 1448 1449 1450 1451 1460 1516 1517 1501 1453 1559 1531 Property Address 7323-25 University Ave. 7349-51 University Ave. 7363 University Ave. NE 7373-75 University Ave. 7397-99 University Ave. 7565 University Ave. NE 7573 University Ave. NE 8310 University Ave. NE 7389 Van Buren St. NE 5651 W Bavarian Pass 5751 W Moore Lk Dr. NE Units 1 2 1 2 2 1 1 110 1 1 1 Owner Steven Petschel Tom Okerstrom Daniel C. Fay Joseph Tohey Vitaly & Tatyana Chernikh Jim Price Jim Price J.A. Wedum Foundation Joseph Thomas David Madigan Gerry Gerochi Total # of Licenses for approval is 143 Break down is: Four 2�d Qtr, None 3�d Qtr, and 139 4th Qtr licenses Inspection Dist Yr Qtr 3 2 4 3 2 4 3 2 4 3 2 4 3 2 4 3 2 4 3 2 4 1 4 4 3 2 4 14 3 4 13 3 4 12-7-2006 � AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 11, 2006 � °F ESTI MATES FRIDLEI' Midwest Asphalt 5929 Baker Road, Suite 420 Minnetonka, MN 55345 Mill and Overlay Project No. 2006 - 2 FINAL ESTIMATE ...................................................................... $ 12,622.55 Midwest Asphalt 5929 Baker Road, Suite 420 Minnetonka, MN 55345 Third Street Proj ect No. 2006 — 3 FINAL ESTIMATE .................. .............................................. $ 2,388.67 Park Construction 500 — 73rd Avenue, Suite 123 Fridley, MN 55432 2006 Street Improvement Proj ect No. ST. 2006 - 1 FINAL ESTIMATE ............................................ ..................... $220,505.80 � � CffY OF FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 11, 2006 William W. Burns, City Manager Richard D. Pribyl, Finance Director Debra A. Skogen, City Clerk December 7, 2006 Continued Public Hearing on Liquor License to William Bisek for JWBB Inc. dba Baggans Pub, located at 3720 East River Road, Fridley, Minnesota The Fridley City Council held a public hearing on November 13, 2006, pertaining to an application for a liquor license to William Bisek to operate JWBB Inc dba Baggans Pub, located at 3720 East River Road, Fridley, Minnesota. The public hearing has been continued due to concerns about how the requirements for the food to liquor ratio would be met with the operation of the Oops Theater and Catering Services with Joe Vitale. Mr. Bisek has provided staff with a narrative and Performa describing how the two businesses would be working together showing Baggans providing all of the food and liquor sales for the Pub and for the Theater. Staff recommends opening, conducting and closing the public hearing. � � CffY OF FRIDLEY DATE: TO: FROM: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 11, 2006 December 7, 2006 William W. Burns, City Manager Scott J. Hickok, Community Development Director Ronald Julkowski, Chief Building Official PUBLIC HEARING - Hazardous Building at 136 Horizon Circle 1NTRODUCTION An abandoned property at 136 Horizon Circle has been deemed hazardous (by virtue of extreme foundation/soils damage) by our chief building official and is scheduled for a public hearing before the City Council on December 11, 2006. Staff recommends not only having Council hold the public hearing, but also recommends that Council approve a resolution to authorize staff to commence the statutory process toward demolition. That resolution will appear on the legislative portion of the agenda. ELEMENTS At the Public Hearing, Council will be advised of the property conditions and will be asked to act to officially deem the property hazardous, by resolution, and to authorize staff to begin the statutory process and commence toward demolition. State Statute 463 defines a process by which the demolition proceedings must move forward if the City is to proceed with the demolition. Essential structural items of this home such as foundation walls have been compromised by an unusual geological condition on this property. Clay soils often referred to as, "Fatty Clay" has damaged the foundation of this home beyond service. The foundation has buckled and is depressed an inch and a half or more across one face of the foundation. Anyone entering the home at this juncture may be in danger of injury or death. The homeowners have failed to respond to any attempts City staff has made to communicate the dangers of this structural compromise that has occurred. For that reason the home must be demolished to eliminate the attractive nuisance and eliminate risk to those who may enter. RECOMMENDATION Staff recommends Council Hold the Public Hearing and receive Public comment. Also, because of the hazardous nature of this property, staff further recommends that Council approve a resolution to deem the structure hazardous and authorize staff to proceed with the statutory process to assure the structure is repaired or removed from this property. � � CffY OF FRIDLEY DATE: TO: FROM: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 11, 2006 December 7, 2006 William W. Burns, City Manager Scott J. Hickok, Community Development Director Ronald Julkowski, Chief Building Official PUBLIC HEARING - Hazardous Building at 8100 East River Road 1NTRODUCTION The property at 8100 East River Road has been deemed hazardous (by virtue of fire damage, food waste, and a lack of underground tank corrosion protection) by our Chief Building Official, code enforcement staff, and the City of Fridley Fire Marshal and is scheduled for a public hearing before the City Council on December 11, 2006. Staff recommends not only having Council hold the public hearing, but also recommends that Council approve a resolution to authorize staff to commence the statutory process toward demolition. That resolution will appear on the legislative portion of the agenda. ELEMENTS At the Public Hearing, Council will be advised of the property conditions and will be asked to act to officially deem the property hazardous, by resolution, and to authorize staff to begin the statutory process and commence toward demolition. State Statute 463 defines a process by which the demolition proceedings must move forward if the City is to proceed with the demolition. Essential structural items of this building such as walls, and rafters have been compromised by a fire inside the structure. The south wall has been boarded up by the City's contractors and secured, but not repaired. Also, rotting food has been observed and documented to exist inside of the structure. Further, all underground gas tank corrosion protections that require power, have been compromised due to a lack of electricity at the site. Anyone entering the structure at this juncture may be in danger of injury or death. The property owner has failed to respond to any attempts City staff has made to communicate the dangers of this structural compromise that has occurred. For that reason the building must be demolished to eliminate the attractive nuisance and eliminate risk to those who may enter. RECOMMENDATION Staff recommends Council Hold the Public Hearing and receive Public comment. Also, because of the hazardous nature of this property, staff further recommends that Council approve a resolution to deem the structure hazardous and authorize staff to proceed with the statutory process to assure the structure is repaired or removed from this property. � � CffY OF FRIQLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 11, 2006 William W. Burns, City Manager Richard D. Pribyl, Finance Director Craig A. Ellestad, Accountant November 20, 2006 Resolution Certifying the Final Tax levy for 2007 to the County of Anoka In conformance with Minnesota Statutes Chapter 275.07, subd. 1 attached is a resolution certifying the final tax levy requirements to Anoka County. Chapter 275.07, subd. 1 also requires the City to certify its final tax levy requirements to the County Auditor within 5 working days after December 20tn The final tax levy for 2007 is $9,200,426 compared to $8,757,188 for 2006. The make-up of this is: $8,757,188 Certified to County for 2006 245,202 2.8% inflation amount 9 002 390 2007 Proposed Tax Levy 198,036 2006A Street G.O. Bond Levy 9 200 426 Total 2007 Levy We request the City Council pass the attached resolution to certify the final tax levy. Remember that this resolution must be adopted prior to adopting the final budget. RESOLUTION NO. 2006 - A RESOLUTION CERTIFYING FINAL TAX LEVY REQUIREMENTS FOR 2007 TO THE COUNTY OF ANOKA WHEREAS, Chapter Seven, Section 7.02 of the Charter of the City of Fridley, grants the City the power to raise money by taxation pursuant to the laws of the State of Minnesota; and WHEREAS, Minnesota Statute Chapter 275.07, subd. 1 requires the City to certify its final tax levy requirements to the County on or before five working days after December 20 in each year; and NOW THEREFORE, BE IT RESOLVED, that the City of Fridley certify to the County of Anoka, State of Minnesota, the following final tax levy to be levied in 2006 for the year 2007: GENERAL FUND General Fund CAPITAL PROJECT FUND Capital Improvement Fund - Parks Division AGENCY FUND Six Cities Watershed Management Organization MARI�ET VALUE BASED REFERENDUM LEVY Springbrook Nature Center BONDED INDEBTEDNESS 2005A GO Improvement Bonds (Streets 2005) 2006A GO Improvement Bonds (Streets 2006) TOTAL ALL FUNDS $ 8,432,907 103,000 6,200 $ 290,600 169,683 198,036 $ 9,200,426 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS l lth DAY OF DECEMBER, 2006. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGEN - CITY CLERK � � CffY OF FRIDLEY To: From Date: Re: AGENDA ITEM CITY COUNCIL MEETING OF DECEMBER 11, 2006 William W. Burns, City Manager Richard D. Pribyl, Finance Director Craig A. Ellestad, Accountant November 20, 2006 Resolution Adopting a Final Budget for the Fiscal Year 2007 In conformance with Chapter 275.065, subd. 6 of the Minnesota Statutes, attached is the 2007 Final Budget. Chapter 275.07 subd. 1 requires the City to certify a final budget to Anoka County five working days after December 20th each year. We request the City Council pass the attached resolution and adopt the 2007 Final Budget. Remember that the levy resolution must be adopted prior to adopting the budget. RDP/me Attachment RESOLUTION NO. 2006 — A RESOLUTION ADOPTING THE FINAL BUDGET FOR THE FISCAL YEAR 2007 WHEREAS, Chaper 7, Section 7.04 of the City Charter provides that the City Manager shall prepare an annual budget; and WHEREAS, the City Manager has prepared such document and the City Council has met several times for the purpose of discussing the budget, and WHEREAS, Chapter 275.065, subd. 6 of Minnesota Statutes requires that the City shall hold a public hearing to adopt its final budget; and WHEREAS, the City Council has held a public hearing and has concluded the budget as prepared is appropriate; NOW THEREFORE, BE IT RESOLVED that the following final budget be adopted and approved: GENERALFUND Taxes Current Ad Valorem Deliquent, Penalties, Forfeited Licenses and Permits Licenses Permits I ntergove rn me nta I: Federal State: Local Government Aid All Other Charges for Services: General Government Public Safety Public Works Community Development Recreation Fines and Forfeits Special Assessments Interest on Investments Miscellaneous Revenues Other Financing Sources: Sales of General Fixed Assets Liquor Fund Closed Debt Service Fund Police Activity Fund TOTAL REVENUES AND OTHER FINANCING SOURCES Fund Balance: General Fund Reserve TOTALGENERALFUND ESTIMATED REVENUE $ 8,432,907 38, 000 189, 500 476, 900 8, 500 382, 341 611,972 943, 490 213, 500 10, 000 22, 700 233,000 180, 000 4, 000 124, 000 230, 500 0 500, 000 250, 000 190, 000 13,041,310 676, 546 $ 13,717,856 Legislative: City Council City Management: General Management Human Resources Legal Finance: Elections Accounting Assessing MIS City Clerk/Records Police: Police Emergency Management Fire: Fire Rental Inspections Public Works: Municipal Center Engineering Lighting Park Maintenance Street Maintenance Garage Recreation: Recreation Community Development Building Inspection Planning Reserve: Emergency Nondepartmental: APPROPRIATIONS $ 121,407 280,179 188, 535 386, 604 1,750 741,012 181,701 276,997 147,682 4, 758, 503 21,244 1, 236,185 143, 322 275,897 524,152 218,500 973,779 1, 042, 573 423,125 883,608 348,202 392, 891 100,000 50, 008 $ 13,717,856 Resolution No. 2006- SPECIAL REVENUE FUNDS Cable TV Fund $ 193,735 Grant Management Fund 92,547 Solid Waste Abatement Fund 406,742 Police Activity Fund 5,955 Springbrook NC Fund 365,600 Fund Balance 202,071 TOTAL SPECIAL REVENUE FUNDS $ 1,266,650 CAPITAL PROJECTS FUND Capital Improvement Fund General Capital Improvement $ 5,874 Streets Capital Improvement 2,554,546 Parks Capital Improvement 172,110 Fund Balance 129,470 TOTAL CAPITAL PROJECTS FUND $ 2,862,000 AGENCY FUND Six Cities Watershed Fund Taxes-Current Ad Valorem 6,200 TOTAL AGENCY FUND $ 6,200 TOTAL ALL FUNDS $ 17,852,706 Cable TV Fund Grant Management Fund Solid Waste Abatement Fund Police Activity Fund Springbrook NC Fund Fund Balance $ 181,716 92,547 449,586 190,000 352,801 $ 1,266,650 General Capital Improvement $ 75,000 Streets Capital Improvement 2,590,000 Parks Capital Improvement 197,000 $ 2,862,000 Six Cities Watershed 6,200 $ 6,200 $ 17,852,706 Page 2 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11TH DAY OF DECEMBER 2006. Scott J. Lund, Mayor ATTEST: Debra A. Skogen, City Clerk � � CffY OF FRIDLEY DATE: TO: FROM: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF December 11, 2006 December 7, 2006 William W. Burns, City Manager Scott J. Hickok, Community Development Director Ronald Julkowski, Chief Building Official RESOLUTION - Hazardous Building at 136 Horizon Circle 1NTRODUCTION The property at 136 Horizon Circle has been deemed hazardous (by virtue of extreme foundation/soils damage) by our chief building official and is scheduled for a public hearing before the City Council on December 11, 2006. Staff recommends not only having Council hold the public hearing, but also recommends that Council approve a resolution to authorize staff to commence the statutory process toward demolition. That resolution will appear on the legislative portion of the agenda. RECOMMENDATION Staff recommends that Council approve the attached resolution to deem the structure hazardous and authorize staff to proceed with the statutory process to assure the structure is repaired or removed from this property. RESOLUTION NO. RESOLUTION ORDERING THE REMOVAL OR REPAIR OF A HAZARDOUS BUILDING PURSUANT TO MINNESOTA STATUTES SECTION 463, LOCATED WITHIN THE CITY OF FRIDLEY, MINNESOTA BE IT RESOLVED by the City Council of the City of Fridley, Minnesota as follows: In the matter of the hazardous building located at 136 Horizon Circle: Legally Described as: Lot 12, Block 3, Carlson's Summit Manor North Addition, Anoka County, as on file and of record in the County Recorder's office of said County. TO: Mr. Harvey B. and Ms. Jean A Johnson, and any tenants, occupants, or other persons claiming an interest in the above described premises 1. Pursuant to Minnesota Statutes, Section 463.15 to 463.61 the City Council of the City of Fridley, having duly considered the matter, finds the above- described building to be a hazardous building for the following reasons: the Chief Building Official of the City of Fridley has inspected the exterior of the home and has determined that the essential structural items of this home such as foundation walls have been compromised by an unusual geological condition on this property. Clay soils often referred to as, "Fatty Clay" have damaged the foundation of this home beyond service. The foundation has buckled and is depressed an inch and a half or more across one face of the foundation. Section 1300.0180.2000 NIN State Building Code, states in part, "any structure that constitutes a hazard to safety, health, or public welfare by reason of disaster or damage, shall be considered unsafe. All unsafe buildings shall be declared a public nuisance and shall be abated by repair or demolition, as referenced in the MN. State Statutes Sections 463.15 to 463.26. The above mentioned property was posted as a hazard in accordance with MN Statute 463.17. 2. The Council further orders that unless such corrective action is taken or an answer is served upon the City of Fridley and filed in the office of the clerk of District Court of Resolution No. Page 2 Anoka County, Minnesota within 20 days from the date of the service of this order, a motion for summary enforcement of this Court will be made to the District Court of Anoka County. Enforcement of this order shall include, in the City's discretion, the option of razing the structure. The Council orders that all personal property or fixtures that may unreasonably interfere with the razing and removal of the building shall be removed within 20 days, and if not so removed by the owner, and the City then determines to raze the structure, the City of Fridley may remove and sell such personal property or fixtures at public auction in accordance with law. 3. The Council further orders that if the City is compelled to take any corrective action herein, all necessary costs expended by the City will be assessed against the real estate concerned and collected in accordance with Minnesota Statutes, Section 463.22. 4. The mayor, clerk, city attorney and other officers and employees of the City are authorized and directed to take such action, prepare, sign, and serve such papers as are necessary to comply with this order and to assess the costs thereof against the real estate described above for collection along with taxes. PASSED AD ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11TH DAY OF DECEMBER, 2006 Scott J. Lund, Mayor ATTEST Debra A. Skogen, City Clerk � � CffY OF FRIDLEY DATE: TO: FROM: SUBJECT AGENDA ITEM CITY COUNCIL MEETING OF December 11, 2006 December 7, 2006 William W. Burns, City Manager Scott J. Hickok, Community Development Director Ronald Julkowski, Chief Building Official RESOLUTION - Hazardous Building at 8100 East River Road 1NTRODUCTION The property at 8100 East River Road has been deemed hazardous (by virtue of fire damage, food waste, and a lack of underground tank corrosion protection) by our Chief Building Official, code enforcement staff, and the City of Fridley Fire Marshal and is scheduled for a public hearing before the City Council on December 11, 2006. Staff recommends not only having Council hold the public hearing, but also recommends that Council approve a resolution to authorize staff to commence the statutory process toward demolition. That resolution has been attached for your convenience. RECOMMENDATION Staff recommends that Council approve the attached resolution to deem the structure hazardous and authorize staff to proceed with the statutory process to assure the structure is repaired or removed from this property. RESOLUTION NO. RESOLUTION ORDERING THE REMOVAL OR REPAIR OF A HAZARDOUS BUILDING PURSUANT TO MINNESOTA STATUTES SECTION 463, LOCATED WITHIN THE CITY OF FRIDLEY, MINNESOTA BE IT RESOLVED by the City Council of the City of Fridley, Minnesota as follows: In the matter of the hazardous building located at 8100 East River Road: Legally Described as: TRACTS A& B REGISTERED LAND SURVEY NO 125, SUB7ECT TO EASEMENT OF RECORD. TO: Mr. Sulieman F. Hersh , and any tenants, occupants, or other persons claiming an interest in the above described premises Pursuant to Minnesota Statutes, Section 463.15 to 463.61 the City Council of the City of Fridley, having duly considered the matter, finds the above- described building to be a hazardous building for the following reasons: the Chief Building Official of the City of Fridley and the City Fire Marshal have inspected the structure and has determined that the essential structural items of this facility such as walls, and rafters have been compromised by a fire inside the structure. The south wall has been boarded up and secured, but not repaired. Also, rotting food has been observed and documented to exist inside of the structure. Further, all underground gas tank corrosion protections that require power, have been compromised due to a lack of electricity at the site. Section 1300.0180.2000 NIN State Building Code, states in part, "any structure that constitutes a hazard to safety, health, or public welfare by reason of disaster or damage, shall be considered unsafe. All unsafe buildings shall be declared a public nuisance and shall be abated by repair or demolition, as referenced in the MN. State Statutes Sections 463.15 to 463.26. The above mentioned property was posted as a hazard in accordance with MN Statute 463.17. Resolution No. Page 2 2. The Council further orders that unless such corrective action is taken or an answer is served upon the City of Fridley and filed in the office of the clerk of District Court of Anoka County, Minnesota within 20 days from the date of the service of this order, a motion for summary enforcement of this Court will be made to the District Court of Anoka County. Enforcement of this order shall include, in the City's discretion, the option of razing the structure. The Council orders that all personal property or fixtures that may unreasonably interfere with the razing and removal of the building shall be removed within 20 days, and if not so removed by the owner, and the City then determines to raze the structure, the City of Fridley may remove and sell such personal property or fixtures at public auction in accordance with law. 3. The Council further orders that if the City is compelled to take any corrective action herein, all necessary costs expended by the City will be assessed against the real estate concerned and collected in accordance with Minnesota Statutes, Section 463.22. 4. The mayor, clerk, city attorney and other officers and employees of the City are authorized and directed to take such action, prepare, sign, and serve such papers as are necessary to comply with this order and to assess the costs thereof against the real estate described above for collection along with taxes. PASSED AD ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 11TH DAY OF DECEMBER, 2006 Scott J. Lund, Mayor ATTEST Debra A. Skogen, City Clerk � � AGENDA ITEM ��F CITY COUNCIL MEETING OF DECEMBER 11, 2006 FRIDLEI' INFORMAL STATUS REPORTS