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CCM 10/22/2012 CITY COUNCIL MEETING CITY OF FRIDLEY OCTOBER 22, 2012 ______________________________________________________________________________ The City Council meeting for the City of Fridley was called to order by Mayor Lund at 6:00 p.m. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Scott Hickok, Community Development Director Darin Nelson, Finance Director/Treasurer James Kosluchar, Public Works Director Darcy Erickson, City Attorney Pam Reynolds, 1241 Norton Adrian Fredrickson, 1041 Hackmann Circle NE , Fetema Rabah5811 Hackmann Avenue APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: City Council Meeting of October 8, 2012. APPROVED. NEW BUSINESS: 1.Resolution Adopting Assessment for 2012 Utility Lateral Repair Project. William Burns, , City Managerstated six properties have asked that the City assess them for water service repairs that occurred in 2012. The property owners will be assessed over five years at an interest rate of 6.5 percent. Staff recommends Council’s approval. APPROVED AND ADOPTED RESOLUTION NO. 2012-76. 2.Approve 2013 Development Review Schedule for the Planning Commission and the Appeals Commission. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22, 2012 PAGE 2 William Burns, City Manager,statedthe calendar has been established annually to ensure the City remains compliant with the State’s 60-day action requirements. Staff recommends Council’s approval. APPROVED. 3.Appointment – Environmental Planner. William Burns , City Manager,stated when the previous environmental planner left the position in January of this year, staff filled the position with a part-time planning intern. Experience with this part-time approach indicates it cannot continue without compromising the City’s code enforcement program. Staff also expects the person currently in this position will prepare the City’s surface water management plan, a chapter in our Comprehensive Plan. The additional cost for this position will be covered by charging 50 percent of the Engineering Technician’s time to the annual street reconstruction project. Dr. Burns stated staff is recommends the appointment of the current part-time planning intern, Kay M. Qualley, to the full-time Environmental Planner position. Kay has been with the City since April and has performed exceptionally well in her role as Planning Intern. Dr. Burns stated Kay holds memberships in the American Planning Association and the National Recreation and Parks Association. Staff is recommending Council’s approval. APPROVED. 4.Claims (156957 – 157127). THIS ITEM WAS REMOVED AND PLACED ON THE REGULAR AGENDA. 5.Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. 6. Estimates Allied Blacktop Company th 10503 – 89 Avenue North Maple Grove, MN 55369 2012 Cooperative Street Maintenance Project No. ST2012-10 Estimate No. 3 ............................................. $ 15,049.19 APPROVED. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22, 2012 PAGE 3 APPROVAL OF PROPOSED CONSENT AGENDA: Pam Reynolds, , 1241 Nortonasked that Item No. 4 be removed and placed on the regular agenda. MOTION by Councilmember Barnette to approve the consent agenda with the removal of Item No. 4. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADOPTION OF THE AGENDA: MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item No. 4. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM: Adrian Fredrickson , 1041 Hackmann Circle NE, stated he is a 10th grader at Fridley High th School. Every year the 10 graders have to do a personal project which is a project that the student can choose as long as it relates to one of the MYP areas of interactions. He asked if somehow he could vacate the two hockey rinks up at Commons Park on Sunday, December 30, so he could host a pond hockey tournament. He would take the entry fee money and donate it to the Defend the Blueline Foundation which helps kids with parents in the military pay for their hockey every year. The reason he would like to do this is there are two rinks so he could play multiple games at the same time, and the warming house would provide the participants an opportunity to warm up between the games. Mayor Lund asked Mr. Fredrickson whether he has had any discussion with the Parks and Recreation Department. Mr. Fredrickson replied he has not. Mayor Lund told Mr. Fredrickson to talk to Mr. Jack Kirk, the Director of the Parks and Recreation Department. NEW BUSINESS: 7.Resolution Authorizing Changes in Appropriations for the 2012 Budget for January through October 2012. Darin Nelson , Finance Director, said this item has to do with grants and donations the City has received throughout the year in regard to items the City needs to correspond expenditures. He FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22, 2012 PAGE 4 provided a list of just the revenues or the grants or donations that came in. Most of them are public safety-related. There are a couple recreation-related items as well. Both the revenues and corresponding expenditures amount to $51,658. These are all general fund reappropriations. Staff recommends Council approve this resolution authorizing changes in appropriations for the 2012 budget. These are reappropriations for January through October. Councilmember Bolkcom asked regarding the amount for Springbrook, was that to the Foundation or was it the Nature Center itself? Mayor Lund replied, it is the Foundation giving money to the City for those expenses relating to the berm that were not donated. It was money raised by the Foundation, and this is reimbursement to the City for the work that was done there. MOTION by Councilmember Barnette Adopting Resolution No. 2012-77. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 8.Resolution Certifying Certain Delinquent Utility Services to the County for Collection with the 2012 Property Taxes. Darin Nelson , Finance Director, said pursuant to the City Charter and the City Code, staff is recommending certification of 520 accounts totaling $315,012. Levels are not necessarily dropping but the dollar amount is a little. Staff certifies these amounts by property at this point and allows payments until about mid-November. He believed November 12 is the last day the City will take payments before it has to run a new certification list to give to the County. Those properties that do not pay prior to the cutoff are certified to Anoka County for collection on their 2013 taxes. Each owner has been notified that the delinquent account is being certified to the County and has been provided an opportunity to pay their bill. Staff recommends Council’s approval. Councilmember Bolkcom asked whether staff has heard from anyone who has received a letter. Mr. Nelson replied they have had a number of payments come in. This list was just run last Wednesday. They have sent out many more letters than just what is listed here. Councilmember Bolkcom asked if there are PINs where the accounts have been paid off, how is that handled as far as the resolution and submitting to the County. Mr. Nelson replied, staff will run another list. They take payments now until the first half of November. Once those payments come in the list is run again, and that is the list that is sent to the County. Any payments received between now and then will be taken off of this list and the final list will then go to the County. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22, 2012 PAGE 5 Dr. Burns asked Mr. Nelson if they have received any complaints or disagreements with the assessment from any of the people who are on the list. Mr. Nelson replied he does not know whether they have had complaints about the amounts being too high. When the City sends out the letter, it gets people’s attention and they call in. They are not happy to pay a delinquent utility bill. Councilmember Bolkcom stated they are passing the resolution with a list, but it is understood the list is not the final list. Mr. Nelson replied this is the process that the City has done year after year. They have to certify a list at this point. Mayor Lund stated it does say in the resolution all these noted in Exhibit A attached hereto and made a part hereof by reference, he asked the City Attorney about a date certain? Darcy Erickson, City Attorney, replied, yes, that remain unpaid as of November 12. Mr. Nelson stated they could go with Friday, November 9, so they can then collect them all on Monday. Attorney Erickson suggested they insert that language into the resolution to clarify and know that the Finance Department can remove those that pay and, thus, would not be certified. She recommended language be inserted: “. . . that remain unpaid or partially unpaid” to account for the fact that someone might come in for a partial payment to avoid some accrual of interest or penalty. Therefore, the language would read: ”All those noted in Exhibit A that remain unpaid or partially unpaid as of November 9.” MOTION by Councilmember Bolkcom to adopt Resolution 2012-78. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom amending the Resolution to include the following language: "All those noted in Exhibit A that remain unpaid or partially unpaid as of November 9, 2012.” Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 9.Approve Change Order No. 1 for the Municipal Center Roof Replacement Project No. 418. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22, 2012 PAGE 6 James Kosluchar , Public Works Director, submitted a revised memorandum which corrects a few errors. Regarding the second page, the original contract was actually $212,310 and with this change order it will changed to $224,145.81. MOTION by Councilmember Bolkcom to receive Mr. Kosluchar’s memo dated October 17, 2012. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Kosluchar stated as he mentioned the original contract was $212,310. The requested change order is for $11,835.81 or 5.6 percent of the contract amount. This is for additional work performed by the contractor that was not identified in the bid document. There are five items. The first item is required because the City directed the contractor to provide additional insulation. They needed to replace some of the metal flashing on the roof edge, and this work cost $5,578. The second item was also required by the insulation addition. There was a penthouse, and the new roof came within 8 inches of the penthouse elevation which would void the warranty of the roof in that area; therefore, the penthouse had to be raised slightly. That work cost $4,826. The third item was because of the discovery of a concrete slab which looks like it was a penthouse for future HVAC equipment. That was never used. They had to cover that area and then do some repair in the adjacent concrete area, and the cost of that added work was $1,651. The fourth item was repair to a damaged chimney flue. They had two of them specified in the contract and discovered that one was in more poor shape which added $210. The last item was a reduction because of the contractor causing some electrical damage during their fastening installation, and the City had to make repair on that with its electrician. That deduction was $429.19. Mr. Kosluchar stated the entire change order is $11,835.81. Staff recommends Council’s approval. This is the final change order for this project. The project is substantially complete, and the punch list items are being addressed. The project did get completed on time, and it still remains within budget. MOTION by Councilmember Varichak to approve Change Order No. 1 for the Municipal Center Roof Replacement Project No. 418. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 4.Claims (156957 – 157127) Pam Reynolds, 1241 Norton Avenue N.E., asked about some of the claims as follows: (1) Page 1, Check No. 156961, Apache Print, Springbrook letterhead, $512.68. She asked why Springbrook needed its own letterhead when it is a City park. Mayor Lund said they can look into that. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22, 2012 PAGE 7 Ms. Reynolds stated she had seen this before. In the claims from the October 4 meeting, the Check No. 156860 was also for Springbrook letterhead, for $568.32. Mayor Lund stated he is assuming that was for the Pumpkin Night in the Park flyers. Ms. Reynolds stated there is a charge, Albrecht Sign and Graphics, engraved frame department photo (Check No. 156965, Police Department). Also, on page 3, No. 156981, Frames by Mail, Department photo frame, $109.25. They have the same departmental code. Councilmember Bolkcom stated she thinks they each get their own copy. Ms. Reynolds stated on page 2, Community Health Charities, Check No. 156972, for $11. She asked if it costs more to process that than what they are giving? It is the only one she ever sees. Ms. Reynolds asked regarding Check No. 156973, Clean Prep/Repair Tennis Courts, $21,375. What tennis courts are those? She thought a few years back it was decided a few of them would be eliminated. Ms. Reynolds asked regarding page 2, Check No. 156977, Dakota County Receiving Center, detox transportation, does the City get reimbursed by the offender or anybody for that? Did Dakota County come and get them or did someone from the City take them there? Ms. Reynolds asked regarding page 5, there were several for Pumpkin Night in the Park. Then she totaled what was in this group and it came to just about $2,500. Then back a couple there were others for renting costumes, props, etc. She is wondering when Springbrook holds an event like this is there a spreadsheet that is put together after the fact to see whether it pays for itself? Dr. Burns replied they always do make money on that. Ms. Reynolds asked if the Foundation contributed any. Ms. Reynolds asked, regarding page 7, Check No. 157030, Trugreen Lawn Services. The City has its own Public Works. What do they pay Trugreen to do? Councilmember Saefke replied, those who apply that kind of treatments for the lawns have to be certified to do so. It is a continuing thing through the State because they are dealing with toxic chemicals to some extent. He suspects this is probably for the fall fertilization of the parks and water department properties. Mayor Lund stated be assured that if it was more cost-effective for the Public Works Department to do this, they would do it. Ms. Reynolds asked regarding page 9, Check No. 157057, City of Blaine. She assumes that the City’s recreation department collected monies for softball games in Blaine? FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22, 2012 PAGE 8 Ms. Reynolds asked regarding page 10, Emergency Apparatus Maintenance, No. 3. What is that for? Councilmember Saefke replied, for the Fire Department. Ms. Reynolds stated she asks because she sees it so much and asked why the fire trucks were breaking down so much. Ms. Reynolds asked, regarding page 11, Tobacco Compliance Fine. How do we give ourselves a check? A check gets written out of the Liquor fund to the General fund? Mr. Nelson replied, the City cuts that check out of the Liquor store fund and pays it over to the General fund as a fine. Ms. Reynolds asked regarding page 12, the ninth entry, Dr. Willy Moss sewing machine service. She asked what sewing machines the City was fixing. Mayor Lund replied they are at the community center. There are several groups there who have sewing machines. Ms. Reynolds stated if that was paid out of the senior budget. Mayor Lund replied, yes. Actually they raise their own money. Mayor Lund stated they will get Ms. Reynolds the responses to the ones that were not answered tonight. MOTION by Councilmember Bolkcom to approve Claim Nos. 156957 – 157127. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 10.Informal Status Reports. There were no informal status reports. MOTION by Councilmember Barnette to recess the meeting until 7:30 p.m. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22, 2012 PAGE 9 PUBLIC HEARING (7:30 P.M.): 11.Consider the Proposed Assessment for the 2012 Nuisance Abatement. MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS OPENED AT 7:30 P.M. Mr. Nelson stated this is the annual assessment for those properties in which continuing Code violations existed where the City extended resources to bring the properties into compliance. There are 38 properties involved in this assessment, and the total amount of the assessment is $33,206.50. The assessment will be for one year at a 6.5 percent interest rate. Staff has not received any formal correspondence contesting the proposed assessments tonight. As always with the City’s other special assessments, a deferral option is available. There are a number of qualifying factors including age of 65, being retired, virtue of permanent or total disability. People can contact Mr. Nelson’s office, and he would be happy to help them with that deferral application. There are income guidelines that need to be met in order to qualify for the deferral option. Fetema Rabah, 5811 Hackmann Avenue,stated she is the owner of this address. It is a rental property. She would like to dispute the assessment. The tenant is here with her. The tenant does not speak English, but Ms. Rabah can interpret for her. Both the tenant and her husband are disabled. They have depression. There was a miscommunication. When the City sent the letter. Ms. Rabah told the tenants they sent the letter and instructed the tenant to do this and this and this. The tenant just only gathered the garbage, put it in bags, and put it in the trailer because they want to go throw it somewhere and they said not until November 1. The tenant thought she did whatever they told her. She feels this is unfair and she does not have that much money to pay the amount the City is asking for. Mayor Lund asked if Mr. Rabah was the property owner? Ms. Rabah replied, yes. Mayor Lund stated she is responsible. Not her tenant. It is up to her to get her tenant to clean up the mess. Ms. Rabah stated she told her. Mayor Lund asked and the tenant thought she cleaned up the mess. Ms. Rabah replied, yes. She went there and the first time she looked at it. She told her tenant what she should do. The tenant did it the way she thought she was supposed to. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22, 2012 PAGE 10 Mayor Lund asked Ms. Rabah if she saw the letter from the City. Ms. Rabah replied, yes, I saw the letter. Mayor Lund stated that letter also gave her a date certain that it had to be done. Ms. Rabah replied, yes. Mayor Lund stated, then if it is not done to satisfaction, the staff does come out to reinspect. And it states in the letter that they will reinspect. Now if they reinspected and it was not taken care of then, it is typical the staff sends out a second letter. Ms. Rabah replied, no. Mr. Hickok , Community Development Director, stated this is a property that has had quite a history, going back to 2003. Most recently, it was regarding lawn grass and weeds in the side yard and boulevard area and improper outdoor storage. The abatement had to do with outside storage and brush that was being left outside. They do follow the statutory abatement requirements. The City does send a notice and give a period of time, 20 days, in accordance with the law for the property owners to either call and schedule a date that is agreeable if 20 days is not enough, to have it cleaned up or to request a hearing. Not hearing anything, the City did go ahead with the abatement on this property. Councilmember Bolkcom asked if the property owner made any contact with the Community Development Department. Mr. Hickok replied no. Heprovided photographs of the site including behind the building where there was rolled up chain link fence, some lumber or fence posts, and a wheelbarrow. There is a trailer which in and of itself would be okay in the rear yard, but it is full of debris and which then counts as outside storage. What the Code says is you can have neatly stacked firewood, a boat or a trailer in the side or rear yard. The purpose of the City’s letter was to describe that there were conditions on the site that were contrary to law and to ask for the compliance of the individuals on the property. Not finding that, the City did move ahead with the abatement. Mayor Lund stated there was the one letter sent, the City saw the work had not been done, and so they went right to abatement. And that is the minimum that the law requires. Mr. Hickok replied, yes, that is correct. Ms. Rabah spoke on behalf of the tenant who stated the material was on the side of the house. As to the trailer, they came to the City who stated they had the right to keep the trailer in the yard. Mayor Lund stated the trailer is acceptable; however, you cannot store junk/debris in the trailer. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22, 2012 PAGE 11 Ms. Rabah stated the tenant said the trailer was covered with a tent material. It was not garbage, it was leaves. Mayor Lund stated the leaves do have to eventually go away. Ms. Rabah stated the tenant said they were closed. This was November 1 they will open. Mayor Lund asked Mr. Hickok what was the timeline. Mr. Hickok stated the brush pile was first noticed on May 24, 2011. There was follow-up for long grass on July 25, 2012. Improper outdoor storage was August 3, 2012. Brush and side yard continued to be an issue on August 3, 2012. On August 24, 2012, there was notice of a garage door issue also being left open and some other garage door issues. It was relative to improper storage, brush in the yard, long grass, and weeds. The range was July 25, 2012, through August 3, 2012. Mayor Lund asked and there were bags full of leaves? Mr. Hickok replied, correct. Mayor Lund asked, and when were those leaves picked up? Mr. Hickok replied, August 29, 2012, they abated garbage bags on trailer. Mayor Lund stated leaves do not even come down in August. He asked the tenant when did she pick up all these leaves and store them on the trailer? Ms. Rabah replied the tenant stated from last year because it was closed and she kept them in the garage and then she moved them. But the trailer was covered. And there was no garbage. No smell. Mayor Lund stated it was still outdoor storage. The compost place is open all summer long and well into the fall. Ms. Rabah stated the tenant states her husband was not there and she does not drive and she does not find anybody to help her. Because she does not know the law and the leaves cannot be in the trailer. She picked up the wood and put big pieces in the garage. Mayor Lund stated it seems to him she was doing some things but she left things way much longer than should be. Certainly she has the reasoning she does not drive. When you get a letter you have so much time to act on it and it tells them what they need to do. If you cannot get rid of things or have a question, contact the City staff. Have communication. Another alternative is they could contact the garbage companies who for a fee will provide a container for yard waste. They have had Code compliance issues dating as far back as 2003. There are also two different dates in 2011 and three different dates in 2012. There is a history of repetitive things. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22, 2012 PAGE 12 Mayor Lund stated to Ms. Rabah ultimately she as the property owner is responsible as it is going to go on her property taxes. He is not going to forgive this as he thinks Ms. Rabah was given proper notice. Also, it was the taxpayers who paid for that clean-up and they need to be reimbursed. Ms. Rabah stated they pay to clean but pay them triple? Just to cut the grass costs $169? That is not fair. Mayor Lund stated, the City staff does not do it. They hire it out. The taxpayers have paid for it to a private contractor and there is a 25 percent markup for administrative costs. Ms. Rabah stated the tenant states this is very high, just to clean up two times like the grass, was $600 to $700. Mayor Lund stated he would do it himself because he would not want to pay those higher fees; however, when you hire an outside contractor they have costs to come out to the site and there is a 25 percent charge for administrative costs for the City. Ms. Rabah asked on behalf of the tenant, why not give them a discount and they would make a payment. Mayor Lund stated they have 30 days from now. He asked when would it go on their taxes? Mr. Nelson replied on November 21. They have until then to pay without interest. Mayor Lund stated they have until November 21 to pay it in full. If not, it will go on the property taxes. It will be assessed an interest fee of 6.5 percent, and on the property taxes you have one year to pay it. Ms. Rabah asked, one year to pay plus interest? Mayor Lund stated now it will be on the property tax statement. They would be paying the County as they pay the County for their property taxes. This will be in addition to their normal property taxes. Ms. Rabah stated the tenant was told by the lady to come to the meeting and they would help her out. Mayor Lund asked how would she like him to help her out? Ms. Rabah stated the tenant asked to make the payment less as she does not have good income. The first time the City sent the bill for $166 she was willing to pay the first one. Mayor Lund stated it is too late. They are at this point now. This is the normal procedure. He is not going to vary from that. The City abates it to the property taxes. Now they can save the money each month and, when the six months comes due for the property taxes, pay that portion. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22, 2012 PAGE 13 They will have two payments for the property taxes. Ms. Rabah asked why did they come to this meeting tonight? Mayor Lund replied to state her case. The facts are she received notice. She failed to act within that time period. Ms. Rabah stated, yes, but they should give them a chance. She explained the situation. The tenant does not speak English very well. There was miscommunication. Mayor Lund stated they have heard the testimony. He thinks the facts are still clear that regardless of the tenant’s limited speech and understanding, they need to respond to the people who sent the letter. Ms. Rabah stated she always called the lady and she talked to her. She always called and asked about what they are doing. Mayor Lund stated the picture does not show the leaves were covered, at least not sufficiently. Ms. Rabah stated the tenant states the cover is still on the trailer and the bags. Ms. Rabah asked if she could get just some help with this. Mayor Lund replied he cannot do that. Ms. Rabah asked who can? Mayor Lund stated they are having the hearing. They could come back in a more formal setting for a hearing, but it is right now unless he hears some different evidence. However, to ask the taxpayers to foot a portion of the bill is not fair. MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE HEARING WAS CLOSED AT 7:58 P.M. NEW BUSINESS (CONTINUED): 12.Resolution Adopting Assessment for 2012 Nuisance Abatement. MOTION by Councilmember Bolkcom Adopting Resolution No. 2012-79. Seconded by Councilmember Saefke. FRIDLEY CITY COUNCIL MEETING OF OCTOBER 22, 2012 PAGE 14 William Burns, City Manager, said it seems the missing thing here is the property owner did not come back to City staff. She went to the tenant and assumed things would be done without following through or without contacting City staff. Mr. Hickok replied, Dr. Burns is absolutely right. The record shows this is not the first tenant where this has been an issue where the owner depends on the tenant to take care of the issue and seems the follow-up is not there. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. ADJOURN. MOTION by Councilmember Barnette, seconded by Councilmember Varichak, to adjourn. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MEETING ADJOURNED AT 8:02 P.M. Respectfully submitted by, Denise M. Johnson Scott J. Lund Recording Secretary Mayor