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CffY OF
FRIDLEY
FRIDLEY CITY COUNCIL MEETING
OF SEPTEMBER 10, 2007
7:30 p.m. - City Council Chambers
Attendance Sheet
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� CITY COUNCIL MEETING OF SEPTEMBER 10, 2007
CffY OF
FRIQLEY
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.
PROCLAMATION:
Constitution Week: September 17 — 23, 2007
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of August 27, 2007
NEW BUSINESS:
1. Approve Change Order No. 2 for the
2007 Neighborhood Street Improvement
Project No. ST. 2007-1 .................................................................................. 1- 3
2. Resolution Consenting to the Housing and
Redevelopment Authority in and for the City
of Fridley, Minnesota, Adopting a 2007 Tax
Levy Collectible in 2008 ................................................................................ 4- 7
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 10, 2007 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
3. Appointment - City Employees ...................................................................... 8
4. Claims (133284 — 133467) ............................................................................ 9
5. Licenses ................................................................................................... 10
6. Estimates ................................................................................................... 11
ADOPTION OF AGENDA.
OPEN FORUM (VISITORS): Consideration of Items not on Agenda — 15 Minutes
PUBLIC HEARING:
7. Consideration of a Resolution Ordering the
Removal or Repair of a Hazardous Building
Pursuant to Minnesota Statutes, Section 463,
Located Within the City of Fridley, Minnesota
(1465 Gardena Avenue N.E.) (Ward 2)
(Continued July 23, 2007) ................................................................................... 12 - 13
FRIDLEY CITY COUNCIL MEETING OF SEPTEMBER 10, 2007 PAGE 3
OLD BUSINESS:
8. Second Reading of an Ordinance Amending
Chapter 11 of the Fridley City Code Pertaining
to General Provisions and Fees (Rental License
Fees) ................................................................................................... 14 - 20
NEW BUSINESS:
9. Resolution Ordering the Removal or Repair
of a Hazardous Building Pursuant to Minnesota
Statutes, Section 463, Located Within the City of
Fridley, Minnesota (1465 Gardena Avenue N.E.)
(Ward 2) ................................................................................................... 21 - 23
10. Resolution Declaring a Special Election to Approve
Ordinance No. 1244, an Ordinance of the City of
Fridley Amending Chapter 7 of the Fridley City
Charter................................................................................................... 24 - 26
11. Informal Status Report .................................................................................. 27
ADJOURN.
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C01VSTlTUTl01V WEEK
SEPTEMBER i7 - �3, �oo�
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WHEREAS, our Founding Fathers, in order to secure the blessings of liberty for themselves and
their posterity, did ordain and establish a Constitution for the United States; and
WHEREAS, it is important that all citizens fully understand the provisions and principles
contained in the Constitution in order to effectively support, preserve and defend against all
enemies; and
WHEREAS, September 17, 2007, marks the 220`h anniversary of the drafting of the Constitution
of the United States of America by the Constitutional Convention; and
WHEREAS, it is fitting and proper to accord official recognition of this magnificent document
and its memorable anniversary; and,
WHEREAS, the independence guaranteed to American citizens, whether by birth or
naturalization, should be celebrated during Constitution Week, as designated by proclamation of
the President of the United States ofAmerica in accordance with Public Law 915;
NOW, THEREFORE, BE IT RESOLVED, that I, Scott J. Lund, Mayor of the City of Fridley,
do hereby proclaim the week of September 17 through 23, 2007, as
CONSTITUTION WEEK
in the City of Fridley, Minnesota.
IN WITNESS WHEREOF, I have set my
hand and caused the seal of the City of
Fridley to be affixed this 10`h day of
September, 2007.
Scott J. Lund, Mayor
CITY COUNCIL MEETING
CITY OF FRIDLEY
AUGUST 27, 2007
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:33 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-at-Large Barnette
Councilmember Varichak
Councilmember Saefke
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Richard Pribyl, Finance Director/Treasurer
Fritz Knaak, City Attorney
Chief Berg, Public Safety Director
Pam Reynolds, 1241 Norton Avenue NE
Joan Zmuda, 6051 Fourth Street NE
Anoka County Commissioner Jim Kordiak
Tim Yantos
NORTHSTAR CORRIDOR COMMUTER RAIL:
Tim Yantos, Executive Director of the Northstar Corridor Commuter Rail Project, presented an
update. The Northstar Project has been in development for 10 years and under construction over
the last two months. The project is 40 miles of commuter rail and four blocks of light rail with
five stations. The partners include the Federal Transit Administration (FTA), Met Council,
Burlington Northern Santa Fe Railway (BNSF), MnDOT, Minnesota Twins and Northstar
Corridor Development Authority (NCDA). The two aspects in the proj ect are the light rail piece
that will extend from the current Nicollet stop to the ballpark and the maintenance facility under
construction where the trains will be stored and maintained. The funds needed for this project
are $320 million.
Mary Richardson, Executive Director of Legal and Inter-Government Affairs for the Northstar
Proj ect, presented the BNSF agreements for purchase and sale, j oint use and service. The
purchase and sale agreement include the perpetual easement for the price of $107.5 million, the
right to operate six round trips on weekdays and three round trips on weekends plus special
events transit. This agreement was executed in March of 2007. The j oint use agreement is also a
perpetual agreement that sets up the terms and conditions for the use of the tracks. BNSF owns
the railroad and will be responsible for all operations of the track This agreement would provide
FRIDLEY CITY COUNCIL MEETING OF AUGUST 27, 2007 PAGE 2
services such as dispatching, track maintenance, signal and switch maintenance and regular
inspections. Northstar would maintain the rolling stock, maintain the stations and platforms,
provide pass section, set the fare, do the marketing, and collect and establish the fares. The
service agreement is for a 10-year term meaning that we will use BNSF for the crews and trains.
At the end of 10 years, the agreement can be renewed or another service provider can be
selected. The j oint use and service agreements were executed in May of 2007.
Ms. Richardson stated there are a number of property agreements that were executed in May of
2007 that allows the construction of the rail. This includes five platform lease agreements, two
track leases and agreements, two track agreements and two overpass agreements. These
agreements are 100-year renewable agreements.
Ms. Richardson stated a Fridley master agreement would include an underpass construction
agreement to be constructed by BNSF(must be exercised by November 1, 2007), an underpass
easement agreement which is the right to occupy the land (must be exercised within four years of
the construction of the tunnel), and a platform agreement (can be exercised at any time).
Mayor Lund asked if the $107M easement agreement included the 10-year maintenance
agreement or if other fees would be added over and above that amount.
Ms. Richardson answered there would be annual charges under the joint use and service
contract. Fifty percent of the operating costs of the commuter service would be paid by the Met
Council and fifty percent would be split between Anoka, Sherburne and Hennepin counties.
Paul Danielson, Project Manager for the Northstar Corridor Commuter Rail project presented
the proposal for the Fridley station at East River Road and Main Street. This location is close to
Northtown and is an issue for BNSF because the platform will be located in the middle of the
tracks. This station would offer parking on each side with an attaching tunnel to bring riders to
the platform in the middle of the tracks. Elevators and stairs would bring commuters up and
down to the tunnel. A decision would need to be made before November 1, 2007, and BNSF
would need to come back to Council with a cost estimate for the tunnel. BNSF would like to do
the construction of the tunnel. This station is on the railroad's main line and they would need to
do the construction during light freight traffic times. Burlington is estimating the construction
would take 20 to 30 hours and could be completed during a three-day weekend. A decision to
construct the tunnel would need to be made by November 1, 2007, in order to get the
construction lined up and completed in a timely manner.
Councilmember Barnette stated the Fridley station is essential to the metro transit line and
Fridley would like to be part of the Northstar Corridor Commuter Rail project.
Councilmember Bolkcom asked when construction of the tunnel would start and where the
funds would come from for this project and if a station would be built in Fridley.
Mr. Yantos said a decision will need to be made by November 1, 2007, if the Fridley station
project is to go forward. The cost would be between $800,000 and $1.SM. The funds for this
station are not in the budget at this time and funds are being sought for a station in Fridley. No
FRIDLEY CITY COUNCIL MEETING OF AUGUST 27, 2007 PAGE 3
money is available today and BNSF would build the tunnel if Council authorizes construction by
November 1, 2007.
Councilmember Barnette asked if Fridley could fund the money for the tunnel project with an
agreement to get paid back at a later date.
Mr. Yantos said that option has been discussed but he is not sure if the discussion is still going
on.
Councilmember Bolkcom asked if any of the Federal funds could be used for the construction
of the tunnel. She felt BNSF was pressuring Council by requesting a decision by November 1,
2007. It is hard to pay $1.SM to build a tunnel with no guarantee a rail station will even be built
in Fridley.
Mr. Yantos agreed that this is a very challenging decision to ask for Fridley to pay the funds up
front. The Fridley station is a difficult station to build. A tunnel can be built at a later date, but it
would cost more money.
Councilmember Bolkcom said the City would more likely agree to fund the tunnel if Northstar
would write the Fridley station in their agreement to build the station in the future.
Mr. Yantos said he only represents one of 6/7 partners and no partners have the funds to build a
Fridley station. There will be discussions at this year's legislative session, but that does not
mean there will be additional funds.
Mayor Lund said that a similar discussion was held with the Fridley HRA and they also agreed
that it is a gamble to fund the money. It would cost less now, but the City is getting no guarantee
for a Fridley station.
Councilmember Barnette asked if Paul Bolin had any comments.
Paul Bolin, Assistant Executive Director of the Fridley HRA, said the HRA shared the same
concerns as Council. $1.SM is a lot of money to come up with by November 1, 2007. Fridley
would just need to make the commitment by that date. Dr. Burns is looking for creative ways to
identify means for collateral if we move forward with this investment. The City could recover
some of the costs. The NCDA and Hennepin and Anoka Counties advanced $70M to get the ball
rolling on this project assuming that Federal funding would be coming. It is a tough decision to
make.
Councilmember Bolkcom said that she appreciated that Fridley is being kept in the mix and all
the work that has been done.
Jim Kordiak, Anoka County Commissioner, said that he has been involved in this process for
five years and it will benefit the metropolitan area. It is a positive endeavor and '/z of the funds
have been federally supported. It has taken years to get Minnesota support. In the beginning the
estimate cost to build the rail was $320M. Today, the estimate is still $320M. It gets harder to
FRIDLEY CITY COUNCIL MEETING OF AUGUST 27, 2007 PAGE 4
get the project done at that cost with each passing year. The Fridley station is a difficult and
expensive process and is currently not affordable. Although we are anxious to see it happen to
benefit the area, it is unfortunate that the Fridley station is so expensive. Stations cost between
$1M and $3M to build and the Fridley station will cost $lOM. The funds have to come from
somewhere and there is not enough in the current funds for the Fridley station. Meetings have
been held to see how the Fridley station can be put together. As stations are built and the system
grows and extends, Fridley will get done sometime in the future. Building the tunnel will assist
in the process and Fridley should do this for their own benefit. It would connect the east and
west sides of the tracks and connect to the bike trails. If the construction of the tunnel is not
done now, the cost will not get any cheaper in the future. He suggested constructing the tunnel
now for Fridley's benefit to encourage a station in Fridley in the future.
Mayor Lund asked if there were any other options available for the funding.
Mr. Yantos said that there may be a special session, but this is an opportunity to move forward,
and it is the most cost-effective option. No other funds are readily accessible.
Dr. Burns asked when the FLJFCA would be approved.
Mr. Yantos answered in the next couple of months. He said there are 400 pages in the
application to go over thoroughly and it takes time. The application will then go to the Federal
government and then Congress.
CONSENT AGENDA
City Council Meeting of August 13, 2007.
APPROVED.
NEW BUSINESS
1. Approve Extension Request for the Second Reading of the Ordinance for Rezoning
Request, ZOA #05-03, by JLT Group, Inc., for the Property Generally Located at the
Northeast Corner of I-694 and East River Road (Ward 3).
William Burns, City Manager, stated that this extension would enable JLT to have more time to
address City staff's concerns regarding the redevelopment of their 25-acre site. Staff
recommends Council's approval of a six-month extension of the time limit associated with the
second reading of the rezoning.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
2. Resolution Authorizing Changes in Appropriations for the 2007 Budget for January
through July, 2007.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 27, 2007 PAGE 5
William Burns, City Manager, stated that the changes include $1,031,038 in General Fund
revenue adjustments and $49,911 in General Fund expenditure adjustments. The largest revenue
adjustment relates to the transfer of $981,127 that was not used for the 2005 street reconstruction
project. All of the other adjustments relate to reimbursements, grants and donations. The largest
expenditure adjustment relates to the $26,505 for security at Cub Foods. All of the expenditures
are directly offset by external revenue sources.
Dr. Burns stated in addition to General Fund re-appropriations, this resolution also covers
Capital Improvement Fund re-appropriations. The largest was a$58,000 expenditure for the new
generator at the Municipal Center. The other Capital Improvement Fund re-appropriation is for
$51,600 in costs and revenues associated with traffic signal improvements at the 81st Avenue and
University Avenue intersection. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2007-40.
3. Approve Letter of Understanding Amendment to the 1996 Agreement between the City
of Fridley and School District 14 for the Fridley Community Center (Ward 1).
William Burns, City Manager, said the letter establishes that the City will, at its sole cost, build
a parking lot expansion at the Fridley Community Center. The expansion will provide for forty-
six additional parking spaces, two additional lighting standards, and restoration of turf. The
estimated cost of the work is $30,000. The item has been budgeted as part of the 2007 Parks
Capital Improvement budget. The new parking spaces will serve the Senior Center and other
recreation program needs. Staff recommends Council's approval.
APPROVED.
4. Approve School Resource Officer Agreement between the City of Fridley and Fridley
School District #14.
William Burns, City Manager, said this is a renewal of an agreement whereby the City provides
two School Resource Officers (one for the Fridley Middle School and one for Fridley High
School) between September and June. In exchange for the services of the two officers, School
District 14 pays for one-half of the officers' salaries and benefits. The agreement for 2007/2008
provides for a 3% adjustment in these costs. The increase brings the District's contribution from
$62,602 for 2006/2007 to $64,480 for 2007/2008. There are no other changes in this agreement.
Staff recommends Council's approval.
APPROVED.
5. Claims (133090 — 133281).
APPROVED
6. Licenses.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 27, 2007 PAGE 6
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
7. Estimates.
APPROVED THE FOLLOWING ESTIMATE:
Standard Sidewalk
10841 Mankato Street N.E.
Blaine, NIN 55434
2007 Miscellaneous Concrete Repairs #370
Estimate No. 2 — CORRECTED ... ... ... ... ... ... ... ... ... ... ... ..... $ 37,645.94
Councilmember Bolkcom asked to remove Item 1 from the consent agenda and place it on the
regular agenda.
MOTION by Councilmember Barnette to approve the Consent Agenda with the removal of Item
1. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
ADOPTION OF AGENDA
MOTION by Councilmember Bolkcom to adopt the agenda with the addition of Item 1.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
OPEN FORUM (VISITORS):
Joan Zumuda, 6051 Fourth Street NE, said she was not in favor of the light rail station in
Fridley. She questioned what Fridley would get back from the rail and why we needed the
station. She also questioned the $1.13M that will be spent on the bike trail. She expressed that
after the I35W bridge collapse, the money could be used more wisely. She asked where the
money is coming from.
Councilmember Bolkcom said the commuter rail redevelopment would encourage
redevelopment close by the rail. Housing around the commuter rail values would increase. It
would help businesses and provide transportation for people who do not have cars. It will also
help with the traffic congestion we are experiencing in the area and decrease noise and air
pollution.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 27, 2007 PAGE 7
Councilmember Barnette said that 8 to 9 years ago people thought their home values would go
down but all studies show that it is the opposite. The home values would increase if we got a
station in Fridley and there are many other positive aspects for a rail station.
Mayor Lund said that Medtronic has agreed to use part of their campus they are not currently
using for a park and ride site to help commuters affected by the I35W bridge collapse.
Ms. Zmuda said that she has taken the bus to work for 20 years downtown and does not shop in
the area where she works. She did not think that people who take the rail would shop at
businesses by the rail.
Councilmember Barnette said there was an initial objection to the rail but now many do not see
this as a problem.
Councilmember Bolkcom said that real estate close to the rail would increase substantially. If
you look at any major city with a rail system, people want to live on the rail sites for
convenience.
Mayor Lund added that in the 2005 survey, 63% were in favor of a rail site in Fridley.
Ms. Zmuda asked about the $1.13M the City plans to spend on the bike trail.
Mayor Lund answered that the bike path funds are not coming from the General Fund.
Ms. Zmuda asked if the $1.13 could be used for the construction of the tunnel.
Mayor Lund answered unfortunately the funds had restrictions.
Councilmember Bolkcom said a lot of residents walk along 85th Avenue and it is not safe. A
bike path is necessary.
Mayor Lund said the cost of this path is a little higher because the construction has to go
through wetlands.
NEW BUSINESS:
8. First Reading of an Ordinance Amending Chapter 11 of the Fridley City Code
Pertaining to General Provisions and Fees. (Rental License Fees)
John Berg, Fire Chief, said the inspection fees for rental and dwelling housing have had two
increases since 1995. In 2001, there was a 10% increase and in 2004 a 50% increase. The
revenue is estimated to be about 61% of the total budget expenditure. Given a minimal fee
increase in 2008 and 3% increase for the next two years, it is estimated that by the year 2010, the
revenue would be at an estimate of 58% of the budget expenditure. The 15% increase in 2008
would bring the estimated revenue to 70% of the budget expenditure. This would be
FRIDLEY CITY COUNCIL MEETING OF AUGUST 27, 2007 PAGE 8
approximately a$6.25 increase on a single dwelling family and a$44.75 increase on a 12-unit
building. Staff recommends Council's approval.
Councilmember Bolkcom asked what a housing inspection is and why it is needed.
Chief Berg said that there are three full-time firefighters who inspect buildings every four years.
Exterior and common areas are checked every other year. They are looking for general
maintenance of property and exterior grounds, checking for safety and making sure the building
is up to the fire code.
Councilmember Bolkcom asked if the buildings need to be re-inspected and if the same
firefighters respond to complaints from residents.
Chief Berg answered that the City could receive 30 to 40 complaints a year. Fridley has a large
amount of buildings and each unit needs to be inspected every four years. This does not include
re-inspections, correction orders; follow up inspections or buildings that are not in compliance.
Councilmember Bolkcom asked when a building changes ownership if the information is
transferred or an initial inspection is needed.
Chief Berg answered that in a transferred ownership, the documents are transferred and they do
an inspection of the property. There is an initial inspection for a new license too.
Councilmember Bolkcom asked if these numbers included rental homes.
Chief Berg answered yes. He said they inspect about 1,000 units every year not including re-
inspections or other inspections which amount to about 500 per year.
Councilmember Barnette asked how the City knows if a home is a rental unit.
Chief Berg said it is tough, but they receive information from neighbors and work with staff and
see which properties are homestead properties.
Mayor Lund questioned if the increase would be enough to recover 100% of the actual cost of
the inspections.
Chief Berg said that staff looked at this issue. There are three full-time firefighters working on
inspections but they also respond to other needs.
Mayor Lund said he was okay with the increase. The inspectors are needed for the safety of the
residents.
Councilmember Bolkcom asked if there was still a rental coalition group.
Chief Berg answered that there is a coalition of cities, but he was not sure if it was still active.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 27, 2007 PAGE 9
Councilmember Saefke stated that the rental owners should be 100% responsible for the
inspection charges, as the City does the inspections to protect the health and welfare of citizens
and landlords.
Chief Berg said that the inspections can be time consuming and staff can spend a lot of time on
the inspections.
Mayor Lund said he was okay with the 15% but did not want the department coming back a
year from now looking at the same costs and raising them substantially.
Councilmember Bolkcom said that this is just the first reading and they could come back at the
second reading and change the percent if necessary.
Mayor Lund asked if fees were charged for annual renewal.
Chief Berg answered yes.
Councilmember Bolkcom said that the rent might go up to cover increased fees.
Mayor Lund asked Chief Berg to bring true costs to the second reading.
Richard Pribyl, Finance Director, said that few cities set their rates at 100%. Staff will compare
Fridley rates to other cities and come up with a fee that is fair.
MOTION by Councilmember Bolkcom to waive the reading of the ordinance and approve the
ordinance on first reading. Seconded by Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
9. Resolution Certifying Proposed Tax Levy Requirements for 2008 to the County of
Anoka.
Richard Pribyl, Finance Director, said the State Department of Revenue requires this to be
presented and the proposal complies with both State law and City Charter requirements. The
total proposed levy for 2008 is $9,527,433. This includes $549,861 for the general obligation
debt for the 2005, 2006 and 2007 street projects. The inflationary increase associated with the
City Charter levy is 1.6%. The levy increase over 2007 measures 1.6% without the street debt
levy. With the total levy, it appears with very preliminary numbers we have from Anoka County
that City taxes should remain the same as they were for the average value home of $216,000.
Anoka County is still assembling the numbers.
Mr. Pribyl stated this is a proposed levy and is required to be presented to the County by
September 15 and since the increase in levy is below the State of Minnesota's Implicit Price
Deflator, the truth in taxation process is being complied with on a voluntary basis. The City
Charter restricts any further increase in the levy, but in order to become subject to the truth in
FRIDLEY CITY COUNCIL MEETING OF AUGUST 27, 2007 PAGE 10
taxation process the City would need to increase their levy. Our levy is below the state
threshold. Staff recommends Council's approval.
William Burns, City Manager, said the property tax rate is counterproductive because the City
does not get any local government aid from the State of Minnesota. By being conservative with
the property taxes, we end up with a disadvantage on the LGA formula. Fridley gets a big tax
break because of the commercial and industrial properties. If the property tax rate is down
overall, Fridley does not capture enough of the tax base to compare favorably in ability to pay
with other communities.
Richard Pribyl, Finance Director, said that Fridley is the only municipality in Anoka County
that is classified as a net loser in the formula.
MOTION by Councilmember Barnette to adopt Resolution No. 2007-41. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
10. Resolution Adopting the Proposed Budget for the Fiscal year 2008.
Richard Pribyl, Finance Director, presented the budget for fiscal year 2008. The proposed
budget must be before the County Auditor before September 15 in accordance with the truth in
taxation process. The 2008 budget increase is under the levy threshold that triggers the City to
comply with the truth in taxation process. The City continues to follow all the requirements of
this process to ensure that it remains an open process for public comment. Having this item on
the agenda this evening complies with Section 7.05 of the City Charter which requires that it be
the principal item of business at the last regular meeting of August.
Mr. Pribyl said for 2008 the economy continues to play a role in the difficulty of developing
department budgets that continue to provide the same level of service as provided in the current
year's budget. The major issue is the loss of local government aid. The City has made many
budget cuts yet continues to provide the same level of service with the help of drawing from
reserves to fill that revenue need. The 2008 proposed budget is being presented to you along
with a resolution to approve it as the proposed budget of 2008. As in the past, the City Manager
will provide you an in-depth version of the budget at the December 3 meeting in the form of a
public hearing. The main steps in the budgeting process are as follows: public hearing on the
budget on December 3, resolution to approve the final tax levy on December 3, and resolution to
approve the 2008 budget on December 3. Should a continuation be needed, it would be held on
December 10. The estimated revenues and appropriations total $18,365,859. The total overall
increase from 2007 is 2.87%. The budget before you could be viewed as a proposed budget with
the final budget to be adopted after the public hearing on December 3, 2007. Staff recommends
Council's approval.
Mayor Lund said that this is a proposed budget and on December 3 it can be lowered but not
raised.
FRIDLEY CITY COUNCIL MEETING OF AUGUST 27, 2007 PAGE 11
William Burns, City Manager, said that there is a budget work session planned on October 15 to
discuss any issues.
Mayor Lund asked about the interest on investments and said it was lower than previous years.
He asked if there was a way to pull reserves together to get what we used to get.
Mr. Pribyl answered that the economy is different and so are the interest rates.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2007-42. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
1. Approve Extension Request for the Second Reading of the Ordinance for Rezoning
Request, ZOA #05-03, by JLT Group, Inc., for the Property Generally Located at the
Northeast Corner of I-694 and East River Road (Ward 3).
Councilmember Bolkcom stated that this reading is a long time from the first reading and is
different from the past, because it was not to exceed six months. She asked what the plans were
to meet the new extension.
Chris Simmons, Welsh Company, said taking down the building on property this size takes a
long time. They are working with the recommendations from staff and are not ready to submit a
plan but should be ready shortly. They will work with staff on time lines.
Councilmember Bolkcom asked if they would be able to present a product in six months.
Mr. Simmons answered yes. They plan to meet with staff within the new time frame and a
product may be submitted sooner than six months.
William Burns, City Manager, said it is to the City's advantage to wait on this and have an
opportunity to work with the developer.
Mayor Lund commented that in 2005 they knew this proj ect would be a lengthy process.
MOTION by Councilmember Bolkcom to approve the extension request for the second reading
of the ordinance for Rezoning Request, ZOA #OS-03, by JLT Group, Inc., for the property
generally located at the northeast corner of I-604 and East River Road. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY
Pam Reynolds, 1241 Norton Avenue NE, said that the minutes of September 12 stated that if the
stipulations were not met within 24 months the request would be null and void. The new
FRIDLEY CITY COUNCIL MEETING OF AUGUST 27, 2007 PAGE 12
developments may be great for Fridley but the process has changed, things are being altered and
it is not null and void but extended for another six months.
Councilmember Bolkcom said that this has not been rezoned yet and it is to Fridley's advantage
to grant an extension. This will be a good development.
Mayor Lund asked why Ms. Reynolds does not want the extension approved.
Ms. Reynolds answered that when Council passes an action item, they should just stick to the
plan.
Mayor Lund commented that with real estate not doing well, this is not an unreasonable request.
Changing the property to commercial use rather than industry will be great.
Councilmember Bolkcom said the main concern is retail vs. industry. The product is close to a
final plan and the end result will increase the tax base for Fridley. Staff feels they can work with
the developer to create a great end product.
11. Informal Status Reports.
Councilmember Bolkcom said that on September 6 there will be a University Avenue Corridor
meeting at 7:00 p.m. in the Community Center.
Councilmember Bolkcom thanked the Fridley Police Department, First Responders and other
individuals for helping with the I-35W bridge collapse.
Mayor Lund said that Stan Kowalski from the VFW will continue with a Patriot Day event on
Saturday, September 15 at 8:00 p.m. at the Spring Lake Park High School football stadium. On
September 6, Mediation Services will be holding a fundraiser at Lyric Arts Theater.
Councilmember Varichak said on Saturday, August 25, 2007, she attended a ribbon cutting
ceremony at the Al-Amal School.
ADJOURN.
MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 9:35
P.M.
Respectfully submitted by,
Krista Monsrud Scott J. Lund
Recording Secretary Mayor
�
�
CffY OF
FRIDLEI'
TO:
FROM:
DATE:
SUBJECT:
AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 10, 2007
William W. Burns, City Manager
Layne R. Otteson, Assistant Public Works Director
September 10, 2007
2007 Street Improvement Proj ect - Change Order No. 2
I:,L�LIIIQIL�l�
Attached is Change Order No. 2 for the 2007 Neighborhood Street Improvement Proj ect No. ST. 2007-1. This
change order is due to many unforeseen conflicts during the project in June and July.
Items 1 - 4
As the proposed storm sewer was installed along the curb line, many water services were found to be at the
same elevation or too close to the storm pipes. This put the water services in jeopardy of freezing. The best
alternative was to lower and insulate the water services as they were uncovered.
Item 5
An asphalt swale at the intersection of 69th Way and 69th Avenue was removed and reconstructed. Last year, the
existing swale was constructed to provide drainage from the north curb line to south curb line. Although it
drained, the approach angle was too steep. This year, the steepness of the approach angles was lessened, yet the
swale still drains as needed. The asphalt paving was performed by City crews to minimize cost.
Items6&7
Electrical concerns were raised during the reinstallation of the light poles at Community Park Ball Fields. The
electricians found that all the electrical cords needed to be replaced on one pole. City Staff also had fuse
holders and fuses installed on all light poles that were taken down. The installation of the fuses on the poles
provides increased safety and decreased maintenance. If a wire wears through the cable sheathing inside the
light pole, the fuse will "pop" and prevent the pole from becoming energized. If lightning hits the pole, the fuse
will "pop" and hopefully limit the damage to the pole that was struck In the past, City Staff has had electricians
install fuses holders and fuses on other tall light poles.
Items8&9
After the proj ect had been awarded, 6 property owners requested to have rain gardens installed. A total of 6 rain
gardens were excavated on Melody Drive and Concerto Curve.
The proposed work of this change order is $15,356.75.
Recommend the City Council approve Change Order #2 to Forest Lake Contracting, Inc. in the amount of
$15,356.75. The revised contract amount is now increased to $2,421,165.25.
LRO; j b
Attachments
Page 1 of 2
CITY OF FRIDLEY
ENGINEERING DEPARTMENT
6431 UNIVERSITY AVENUE N.E.
FRIDLEY, MN 55432
Forest Lake Contracting, Inc. September 10, 2007
14777 Lake Drive
Forest Lake, M N 55025
SUBJECT: Change Order No. 2 for the 2007 Street Improvement Project No. ST2007-1
Gentlemen:
You are hereby ordered, authorized, and instructed to modify your contract for the 2007 Street Improvement
Project No. ST2007-1 by adding the following work:
Item No. Item Description Cost
1 Relocate water service due to storm sewer conflict @ 5973 6th Street. $3,518.51
2 Lower and insulate water service due to storm sewer conflict @ 5972 6th $2 134.87
Street. '
3 Insulate hydrant lead at 6th and 60tn $843.37
4 Insulate water services and water main on 6th street where storm sewer $1,105.59
conflicted.
5 Remove asphalt swale at 69th Avenue and 69th Way. $1 534.06
,
6 Install fuse holders and fuses to light poles that were raised at Community $1,878.60
Park Ball Field.
7 Repaired all electrical cords on a light pole that was raised. $749.15
$ Excavate 4 rain gardens on Melody Drive. �2,272.84
9 Excavate 1 rain garden on Melody Drive and 1 rain garden on Concerto $1,319.76
Curve.
Total $15,356.75
Submitted and approved by Layne Otteson, Assistant Public Works Director, on the 10h day of September, 2007.
Layne Otteson, P.E.
Assistant Director of Public Works
Page 2 of 2
Approved and accepted this day of , 2007_by
Forest Lake Contracting, Inc.
Approved and accepted this day of , 2007 by
CITY OF FRIDLEY
Scott J. Lund, Mayor
Wlliam W. Burns, City Manager
�
�
CffY OF
FRIDLEY
DATE:
TO:
FROM:
AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 10. 2007
September 6, 2007
William W. Burns, City Manager
Paul Bolin, Assistant Director of HRA
SUBJECT: Consider HRA Tax Levv for Taxes Pavable in 2008
Since 1996, the HRA has utilized a tax levy to help support its housing rehabilitation
programs. The levy is equal to .0144% of the taxable market value of all real estate and
personal property in the City. The 2008 tax levy will allow the Authority to collect
approximately $377,000. In terms of the impact on taxpayers, the levy would cost $28.80
per year for a home valued at $200,000 and $144.00 per year for a commercial property
valued at $1,000,000.
This tax levy was originally implemented to help fund the HRA's revolving loan
program. In 1997, the City made a loan of $1.5 million to the HRA to capitalize the loan
fund. In turn, the tax levy was used to make the debt service payments. The principal
balance of the loan is now $348,441.
State Statutes require the consent of the City Council, prior to the tax levy becoming
effective. As a final note, the HRA tax levy must be certified to the County Auditor by
September 15, 2007.
Recommendation
Staff recommends that the City Council consent to the attached resolution approved by
the Housing and Redevelopment Authority at their regular meeting on September 6,
2007.
Attachment
J:APlanning\Council Items By Meeting\2007 Council Items\September 10, 2007\2008CCHRA Memo (HRA Tax Levy).doc
HRA RESOLUTION NO. 2007 - XX
A RESOLUTION ADOPTING A 2007 TAX LEVY
COLLECTIBLE IN 2008
BE IT RESOLVED by the Board of Commissioners (the "Commissioners") of the Housing and
Redevelopment Authority in and for the City of Fridley, Minnesota (the "Authority"), as follows:
Section 1. Recitals.
1.01. The Authority is authorized by Minnesota Statutes Section 469.033 to adopt a levy on a11
taxable property within its area of operation, which is the City of Fridley, Minnesota (the
��Ci����.
1.02. The Authority is authorized to use the amounts collected by the levy for the purposes of
Minnesota Statutes Sections 469.001 to 469.047 (the "General Levy").
Section 2. Findin�s.
2.01. The Authority hereby finds that it is necessary and in the best interests of the City and the
Authority to adopt the General Levy to provide funds necessary to accomplish the goals
of the Authority.
Section 3. Adoption of General Levy.
3.01. The following sums of money are hereby levied for the current year, collectible in 2008,
upon the taxable property of the City for the purposes of the General Levy described in
Section 1.02 above:
Tota1 General Levy: .0144% of Taxable Market Va1ue
Amount: Maximum Allowed by Law
Page 2 — Resolution No.
Section 4. Report to City and Filin� of Levies.
4.01. The Executive Director of the Authority is hereby instructed to transmit a certified copy
of this Resolution to the City Council for its consent to the General Levy.
4.02. After the City Council has consented by resolution to the General Levy, the Executive
Director of the Authority is hereby instructed to transmit a certified copy of this
Resolution to the County Auditor of Anoka County, Minnesota.
PASSED AND ADOPTED BY THE HOUSING AND REDEVELOPMENT AUTHORITY 1N
AND FOR THE CITY OF FRIDLEY, MINNESOTA THIS 6th DAY OF SEPTEMBER, 2007.
LAWRENCE R. COMMERS - CHAIIZPERSON
ATTEST:
WILLIAM W. BURNS - HRA DIRECTOR
G:\WPDATA\F\FRIDLEY\OS\HRA LEVY\DOCS\HRA RES - 2003.DOC
RESOLUTION NO. 2007 -
RESOLUTION CONSENTING TO THE HOUSING AND
REDEVELOPMENT AUTHORITY IN AND FOR THE CITY
OF FRIDLEY, MINNESOTA, ADOPTING A 2007 TAX
LEVY COLLECTIBLE IN 2008
BE IT RESOLVED by the City Council (the "Council") of the City of Fridley, Minnesota (the
"City"), as follows:
Section 1. Recitals.
1.01. The Housing and Redevelopment Authority in and for the City of Fridley, Minnesota (the
"Authority"), at its regular meeting on September 6, 2007, adopted the attached HRA
Resolution No. 2007 - : Resolution Adopting a 2007 Tax Levy Collectible in 2008.
1.02. The Council must consent to any Authority levy prior to its becoming effective as
required by Minnesota Statutes, Section 469.033.
Section 2. Consent.
2.01. The Council hereby consents to the HRA resolution and to the levy described therein.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY,
MINNESOTA, THIS DAY OF SEPTEMBER, 2007.
SCOTT J. LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
�
�
CffY OF
FRIDLEI'
Name
Thomas
Roddy
AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 10, 2007
Position
Patrol
Officer
Non-exempt
Appointment
Starting
Salary
$19.04
per hour
Cynthia Licensing & $17.10
Ruschy Records per hour
Technician
Non-exempt
Starting
Date Replaces
Sept. 11, Derek
2007 Griggs
Sept.25, Rebecca
2007 Brazys
� AGENDA ITEM
COUNCIL MEETING OF SEPTEMBER 10, 2007
CffY OF
FRIDLEI'
CLAIMS
133284 -133467
� AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 10, 2007
�°F LICENSES
FRIDLEI'
Contractor T e A licant A roved B
Allan Mechanical HVAC Elmer Wedel Ron Julkowski, CBO
Apparently Graphic Sign Erector Tim Blien Ron Julkowski, CBO
C& S Brenny Construction Commercial/S ecialt Severin Brenn Ron Julkowski, CBO
Crosstown Mechanical Inc Gas Dave Jun len Ron Julkowski, CBO
Custom Refrigeration Inc HVAC David Hass Ron Julkowski, CBO
Dalbec Roofing Roofing Mike Berent Ron Julkowski, CBO
Don Hand Construction Inc Commercial/S ecialt Don Hand Ron Julkowski, CBO
HARS Heatin & Air Conditionin HVAC Shaun Larkin Ron Julkowski, CBO
Joseph & Joseph Consulting Gas/HVAC Antony Joseph Ron Julkowski, CBO
Kurt Manufacturing Co Commercial/Specialty Bruce Powers Ron Julkowski, CBO
Restoration Technologies Inc Commercial/Specialty John Koch Ron Julkowski, CBO
SourceOne Graphics Si n Erector Tom Polson Ron Julkowski, CBO
WD Mechanical HVAC Duane Lee Ron Julkowski, CBO
� AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 10, 2007
� °F ESTI MATES
FRIDLEI'
Standard Sidewalk
10841 Mankato Street N.E.
Blaine, NIN 55434
2007 Miscellaneous Concrete Repairs #370
EstimateNo. 3 ......................................................
Allied Blacktop Co.
10503 — 89th Avenue North
Maple Grove, MN 55369
2007 Street Seal Coat Program #2007-10
EstimateNo. 1 .....................................................
Veit & Company, Inc.
14000 Veit Place
Rogers, MN 55374
2007 Sanitary Sewer Lining Project #371
EstimateNo. 1 .....................................................
Forest Lake Contracting
14777 Lake Drive
Forest Lake, MN 55025
2007 — 1 Street Improvement Proj ect
EstimateNo. 5 .....................................................
$ 10,647.69
$150,000.00
$ 69,412.20
$450,049.68
�
�
CffY OF
FRIDLEY
Date:
To:
From:
Subj ect:
AGENDA ITEM
CITY COUNCIL MEETING OF SEPT. 10, 2007
September 6, 2007
William Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Public Hearing Regarding Hazardous Garage at 1465 Gardena
Background
At a July 23, 2007 public hearing, the City Council agreed to give Bashir Moghul, the owner of the
residential rental property located at 1465 Gardena Avenue, until August 31, 2007 to voluntarily remove the
garage on his property. The structure is dilapidated to the point in which it has been determined by the
Fridley Building Official to be unsafe and considered a hazardous structure. Staff had been working with Mr.
Moghul since last January in an attempt to resolve this code violation without legal action. However, Mr.
Moghul had repeatedly asked for more time, yet has not resolved the violation. Staff found the only way we
could resolve the matter was to pursue enforcement of the State Building Code procedures for declaring a
structure hazardous. Staff has been particularly concerned about this situation as the owner rents out the
property.
To date, Mr. Moghul has removed some material from the garage, but has not torn down the garage. In
addition to removing the hazardous garage, Mr. Mogul is required by R-1 zoning code requirements to
replace the garage with, at minimum, a two car garage, which he committed earlier to do by November 30 of
this year. However, considering his inability to perform as promised, staff is not confident the garage will be
rebuilt before winter.
Recommendation
Staff recommends that the City Council remove the July 23 public hearing on this item from the table, which
had been continued to September 10, 2007. Staff further recommends that the Council continue the public
hearing again until the December 3 City Council meeting, to assure that the new garage is constructed as
committed by Mr. Moghul.
A resolution declaring the garage hazardous is provided under a separate action item.
1,
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CffY OF
FRIDLEI'
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
SEPTEMBER 10, 2007
William W. Burns, City Manager
John Berg, Fire Chief
September 5, 2007
Second Reading of an Ordinance Amending Chapter 11 of the Fridley City Code
Pertaining to Fees
Since the Rental Housing Inspection program was introduced in 1995 there have been two license fee
increases. In 2001 license fees were increased by 10 % and in 2004 license fees were increased by 50%.
Currently, the revenue from rental license fees is estimated to be 61% of the total budget expenditure.
Assuming the Rental Housing Budget will increase by 1% in 2008 and 3% for each of the two following
years, the revenue compared to budget expenditure will be an estimated 58%.
A 15% increase for 2008 will raise the revenue to an estimated 70% of the budget expenditure. This
would equate to a$6.25 increase in the annual licensing fee for a single family home and a$34.75
increase on a 12 unit building.
Staff is recommending an amendment to Chapter 11 of the Fridley City Code that will increase fees for
multiple dwelling licensing and re-inspection fees by 15%.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 11 OF THE FRIDLEY CITY CODE
PERTAINING TO GENERAL PROVISIONS AND FEES
The City Council of the City of Fridley hereby finds, after review, examination and
recommendation of staff, that the Fridley City Code be hereby amended as follows:
That Section 11.10 of the Fridley City Code be hereby amended as follows:
220 Multiple Dwelling (Ref Ord 1154) Single rental unit �� $47.50
Two rental units �9 $95.00
Three units �� $14225
Four units �5 $189.75
Five or more units Q, �c r,,,� e4 cn
$189.75 lus $9.75 erunit.
Reinspection Fee �59 $170
Transfer Fee $25
License Fee after Revocation or Suspension $150% rimes the annual license fee
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 200 .
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
First Reading: August 27, 2007
Second Reading:
Published:
To: Members of the City Council
From: John Berg, Fire Chief
Date: September 5, 2007
Re: Information requested at the August 27, 2007 City Council Meeting
I noted several questions from the August 27, 2007 meeting that I will attempt to answer in this memo:
Council Member Bolkcom, there are 175 licensed single family homes as of 9/5/07. In addition
there are 132 buildings licensed with two units (duplex). There are a total of 3,809 units in 532
buildings.
2. Mr. Mayor, I have attached a chart with the anticipated fees for 2007, an overview of the 2006
revenue and expenditure and how the inspections are conducted on a quarterly basis with the
estimated number of buildings inspected in each quarter. I have also attached a table that
illustrates fees other Cities are charging in comparison to Fridley. Note also, the fees associated
with the Rental Housing Program do not cover the police detective assigned to housing.
3. Council Member Bolkcom, originally (1994-95) there was a coalition of owners organized by
the Police Dept. As recent as seven years ago Officers Standel, Stevenson and Office Assistant
Angela Obert attempted to revive the coalition but there was no interest.
4. Council Member Saefke, I'm sure the owners could debate the benefits they receive from the
rental inspection program. Certainly they benefit from maintaining their property and the value
of their property. I am not sure what insurance benefits are available as a result of the
inspections. My personal opinion is the entire community, owners, tenants and neighbors
benefit from the program.
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CffY OF
FRIDLEY
Date:
To:
From:
Subj ect:
AGENDA ITEM
CITY COUNCIL MEETING OF SEPT. 10, 2007
September 5, 2007
William Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Resolution Declaring Garage at 1465 Gardena a Hazardous Structure
Background
At a July 23, 2007 public hearing, the City Council agreed to give Bashir Moghul, the owner of the
residential rental property located at 1465 Gardena Avenue, until August 31, 2007 to voluntarily remove the
garage on his property. The structure is dilapidated to the point in which it has been determined by the
Fridley Building Official to be unsafe and considered a hazardous structure. Staff had been working with Mr.
Moghul since last January in an attempt to resolve this code violation without legal action. However, Mr.
Moghul had repeatedly asked for more time and not resolved the violation. Staff found the only way we
could resolve the matter was to pursue enforcement of the State Building Code procedures for declaring a
structure hazardous. Staff has been particularly concerned about this situation as the owner rents out the
property.
To date, Mr. Moghul has removed some material from the garage, but has not torn down the garage. In
addition to removing the hazardous garage, Mr. Mogul is required by R-1 zoning code requirements to
replace the garage with, at minimum, a two car garage, which he committed earlier to do by November 30 of
this year. However, considering his inability to perform as promised, staff is not confident the garage will be
rebuilt before winter.
Recommendation
Staff recommends that the City Council adopt the attached resolution, which enumerates the legal procedures
necessary to declare the garage hazardous.
RESOLUTION NO. 2007-
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 accessory structure located at 1465 Gardena Avenue NE:
Legally Described as: Southerly 200 ft of Lot 2& W 20 ft of S 220 ft of Lot 1 Meloland
Gardens Except Westerly 72 ft of SD Lot 2 Subject to easement of record.
TO: Mr. Bashir Moghul , 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 structure for the following reasons: an agent of the Chief Building Official of
the City of Fridley has inspected the structure and has determined that the essential
structural items of this structure such as walls, and rafters are not structurally stable. The
garage has been boarded up and secured, but not repaired. However, the property owner
continues to store materials in the structure causing concern about the safety of anyone
retrieving these materials from storage.
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
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.
Resolution No. 2007-
Page 2
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 AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
l OTH DAY OF SEPTEMBER, 2007
Scott J. Lund, Mayor
ATTEST
Debra A. Skogen, City Clerk
�
�
CffY OF
FRIDLEY
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF
September 10, 2007
William W. Burns, City Manager
Richard D. Pribyl, Finance Director
Debra A. Skogen, City Clerk
September 5, 2007
A RESOLUTION DECLARING AN ELECTION TO APPROVE OR
DISAPPROVE ORDINANCE NO. 1244, AN ORDINANCE AMENDING
SECTION 7.02 POWER AND TAXATION OF THE FRIDLEY CITY CHARTER
Due to the continuing losses in the utility funds, issues surrounding the inability to bond for necessary
capital improvements, and the question as to the legality of the charter's restrictions on utility fees within
the Enterprise Funds, the Fridley Charter Commission reviewed and discussed a proposed amendment by
ordinance removing the utility fees from the fee restrictions in Chapter 7 of the Fridley City Charter, as
allowed by Minnesota Statutes 410.12, subd. 7. The Charter Commission recommended approval of the
proposed ordinance on Apri123, 2007 and forwarded it to the City Council for their approval.
State law requires publication of the proposed amendment at least two weeks before the public hearing
before the City Council, and the ordinance must be adopted within one month of the public hearing by
unanimous vote of the City Council. The legal notice was published in the May 3rd, lOth and 17th 2007
editions of the Fridley Sun Focus. The public hearing was held on May 21st, the first reading was held on
June 11, and the second reading was held on June 25, 2007. The ordinance would have become effective
within 90 days unless a referendum petition was submitted within 60 days provided the petition was
sufficient. To be sufficient, the petition needed 2% of those voting in the 2006 general election, or 214
signatures.
Referendum Petition 2007-01 was submitted to the City Clerk on August 24, 2007, requesting the repeal
of Ordinance No. 1244, signed by 326 registered voters, thereby suspending the Ordinance until the City
Council brings the matter forward for their consideration or to the voters for their approval. The Petition
was found to be sufficient with 286 registered voter signatures. If the question goes to the electorate,
Minnesota Statutes requires 51% of those voting on the question to vote in the affirmative for the
ordinance to be approved.
Staff recommends
1. The City Council move to accept Referendum Petition No. 2007-01
2. The City Council adopts a resolution declaring a special election to approve Ordinance
No. 1244: An Ordinance of the City of Fridley Amending Chapter 7 of the Fridley City
Charter to be held on , 2007.
RESOLUTION NO. 2007-
A RESOLUTION DECLARING A SPECIAL ELECTION TO APPROVE ORDINANCE NO.
1244, AN ORDINANCE OF THE CITY OF FRIDLEY AMENDING CHAPTER 7 OF THE
FRIDLEY CITY CHARTER
WHEREAS, the City of Fridley has received Referendum Petition No. 2007-01, a referendum
petition proposing the repeal of Ordinance No. 1244: An Ordinance of the City of Fridley Amending
Chapter 7 of the Fridley City Charter; and
WHEREAS, under applicable law and by virtue of receiving Referendum Petition No. 2007-01,
Ordinance No. 1244 is suspended until such time as the City Council establishes an election to occur
to determine whether to sustain or repeal the ordinance; and
WHEREAS, the City Council desires to call a special election to place the question on the ballot to be
held on 2007; and
WHEREAS, the City Clerk is authorized and directed to cause printed ballots to be prepared for the
use in said election in which the question shall be stated in substantially the following form:
�: YES
�= NO
Shall the Fridley City Charter be amended to eliminate utility
rate restrictions and allow the City Council to establish rates that
cover the cost of operations?
NOW, THEREFORE, BE IT RESOLVED that the City Clerk shall cause notice of said election to be
given to the Anoka County Auditor at least 53 days of said election and that notice of said election be
published in the official newspaper of the City for at least three weeks prior to said election.
BE IT FURTHER RESOLVED that the election shall be held at the usual polling locations for the state
general election, as set forth in Exhibit "A," and that said election shall be held and conducted in
accordance with the Minnesota State Statutes applicable to municipal elections and the provisions of the
Home Rule Charter.
BE IT FURTHER RESOLVED that the City Council shall meet within seven days from said election
as required by law for the purpose of canvassing said election and declaring the results thereof.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS lOTx
DAY OF SEPTEMBER 2007.
Scott J. Lund, Mayor
ATTEST:
Debra A. Skogen, City Clerk
CITY OF FRIDLEY POLLING LOCATIONS
WARD 1 PRECINCT 1 Grace Evangelical Free Church
755 73rd Avenue Northeast
WARD 1 PRECINCT 2 Hayes Elementary School
615 Mississippi Street Northeast
WARD 1 PRECINCT 3 Fridley Municipal Center
6431 University Avenue Northeast
WARD 1 PRECINCT 4
WARD 2 PRECINCT 1
WARD 2 PRECINCT 2
WARD 2 PRECINCT 3
WARD 2 PRECINCT 4
WARD 2 PRECINCT 5
WARD 3 PRECINCT 1
WARD 3 PRECINCT 2
WARD 3 PRECINCT 3
WARD 3 PRECINCT 4
Fridley Community Center
6085 7t'' Street NE
Woodcrest Elementary School
880 Osborne Road Northeast
Knights of Columbus
6831 Highway #65 Northeast
St. Philip's Lutheran Church
6180 Highway #65 Northeast
North Park School, Gym A
5575 Fillmore Street Northeast
North Park School, Gym B
5575 Fillmore Street NE
Springbrook Nature Center
100 85th Avenue Northeast
Redeemer Lutheran Church
61 Mississippi Way Northeast
Stevenson Elementary School
6080 East River Road
Fridley Covenant Church
6390 University Avenue Northeast
Exhibit A
� AGENDA ITEM
CITY COUNCIL MEETING OF SEPTEMBER 10, 2007
CffY OF
FRIDLEI'
INFORMAL STATUS REPORTS