CCM 10/12/2020
CITY COUNCIL MEETING
CITY OF FRIDLEY
OCTOBER 12, 2020
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 6:00 p.m.
MEMBERS PRESENT: Mayor Lund
Councilmember Ostwald
Councilmember Eggert
Councilmember Bolkcom
MEMBERS ABSENT: Councilmember Tillberry
OTHERS PRESENT: Wally Wysopal, City Manager
Scott Hickok, Community Development Director
Daniel Tienter, Finance Director/City Treasurer/City Clerk
Andrew Biggerstaff, City Attorney
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF CITY COUNCIL MINUTES:
1. City Council Meeting of September 28, 2020.
APPROVED.
NEW BUSINESS:
2. Receive the Minutes from the Planning Commission Meeting of September 16, 2020.
RECEIVED.
3. Adopt Resolution No. 2020-63, Adopting the Assessment for the 2020 Public Utility
Lateral Repair Projects.
ADOPTED RESOLUTION NO. 2020 – 63.
4. Approve Drainage and Utility Easement Agreement between the City of Fridley and
Medtronic. Inc.
APPROVED.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 2
5. Adopt Proposed 2021 Development Review Schedule for Planning Commission and City
Council Action.
ADOPTED.
6. Licenses
APPROVED.
7. Claims: 190329 - 190553.
APPROVED.
ADOPTION OF PROPOSED CONSENT AGENDA:
MOTION by Councilmember Bolkcom to adopt the proposed consent agenda as presented.
Seconded by Councilmember Eggert.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM, VISITORS.
ADOPTION OF AGENDA:
Councilmember Bolkcom asked to move the public hearing, Item 8, after Item 13.
MOTION by Councilmember Bolkcom to adopt the Agenda with the change of moving Item 8
after Item 13. Seconded by Councilmember Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING:
8. Consider a Vacation Request, SAV #20-01, by Roers Fridley Apartment Owner LLC, to
have a Drainage and Utility Easement Vacated that Exists on the Property, Generally
Located at 6530 University Avenue;
and
Adopt Resolution No. 2020-59, to vacate a Drainage Easement for the Property Generally
Located at 6530 University Avenue N.E., Petitioned by Roers Fridley Apartment Owner
LLC (Ward 3).
THIS ITEM WAS MOVED AFTER ITEM 13.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 3
OLD BUSINESS:
9. Second Reading of Ordinance No. 1384 Adding Chapter 33 to the Fridley City Code
Entitled Administrative Enforcement of Ordinance Violations.
Dan Tienter, Finance Director, stated that Ordinance No. 1384, creates a new chapter of the
Fridley City Code (City Code) allowing for the use of civil fines and fees as an enforcement
mechanism. The fines and fees are provided through an amendment Chapter 11 of the City Code.
Administrative citations provide a more cost–effective, expeditious and lower cost compared to
traditional criminal fines or other legal/quasi–legal processes. Penalties are clearly defined in
Chapter 11 (Fees). The administrative hearing provides an opportunity to appeal. A hearing
examiner will examine the case and issue findings.
Mr. Tienter noted the following changes occurred between the first and seconds readings:
Section 33.05(H), providing that the maximum penalty for an administrative citation may
not exceed twice the maximum fine authorized by State law.
Section 33.05(E), authoring the use of special assessments against parcels, when
appropriate, to recoup unpaid charges and fees.
Some grammatical and organizational changes, as identified by staff and the City Council.
Staff recommend Council approve the second reading and adopt of Ordinance No. 1384. The
ordinance shall become effective 15 days following the date of its publication.
Councilmember Bolkcom asked if the amount on page 77 could be paid in one single installment
or over 10 years.
Mr. Tienter replied that is correct.
Councilmember Bolkcom asked if interest was added.
Mr. Tienter replied yes. The City maintains the policy of an interest rate of 2% above the prime
interest rate. This would be attached at the special assessment.
Councilmember Eggert asked for explanation regarding the language relating to the number of
days for payment.
Mr. Tienter replied that if an administration citation is issued, the party has an opportunity to pay
within 14 days or file for an administrative hearing. There is a third option. If it is not paid on
time and there is no hearing, they would have to pay the penalty and the late fee. If they file for
an administrative hearing and go through the process, if they still had to pay, they will have 30
days. The hearing officer or examiner has the authority to review the facts, give an opinion of the
situation and may recommend a longer or shorter term or number of days to pay.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 4
Wally Wysopal, City Manager, said that Councilmember Tillberry could not be at the meeting.
Councilmember Tillberry asked him to express his concerns that these administrative fees and
fines do not add unknown burden to any particular group of people within the City of Fridley.
MOTION by Councilmember Ostwald to waive the reading of the ordinance and adopt the
ordinance on second reading. Seconded by Councilmember Eggert.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
10. Second Reading of Ordinance No. 1382 Amending the Fridley City Code Chapter 11,
Fees, Adding Administrative Citation Fees, Seizure Fee for Motor Vehicles and Tobacco
Product Shop License Fees;
and
Adopt Official Title and Summary Ordinance No. 1382.
Dan Tienter, Finance Director, stated the City Council may set fees and other charges to recoup
the costs associated with certain City activities. Chapter 7 of the City Charter requires the City to
charge fees that are “designed to cover the cost of the service…” Earlier today and at a previous
meeting, the Council considered or adopted changes to the Fridley City Code requiring an
amendment to Chapter 11, which regulates City fees and charges. The amendment to Chapter 11,
adds charges and fees for various activities, including Administrative Citations, Vehicle Seizures,
and Tobacco Product Shop Licenses. The following changes occurred between the first and second
readings: Administrative Citation Fee and Late Fee of $125 and $30, respectively, for safety
violations related to parking fire lanes and reserved handicap parking areas.
Mr. Tienter said based on the process to date, staff recommend the City Council approve the
second reading and adopt Ordinance No. 1382 and order publication. Pursuant to City Charter,
Chapter 3.08, the ordinance shall become effective 15 following the date of its publication.
Proposed fees:
Administrative Citation or Penalty:
$125 fee per safety violation (Fire Lane/Reserved Handicap Parking), $100 fee per
violation, $35 per parking violation
Administrative Citation Late Fees:
$30 per safety violation, $25 per violation, $10 per parking violation
Administrative Hearings: $200
Vehicle Seizure Fees
$200 per vehicle seizure, $400 per vehicle seizure for vehicle owners or lien holders who
refuse to repossess their own vehicle
Tobacco Product Shop License
$400 license application fee, $100 license investigation fee
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 5
Councilmember Bolkcom asked how staff arrived at the administrative citation penalty fees as
they are varying amounts.
Mr. Tienter replied that the late fee is set at 25% of what the higher fee was. The inspiration was
drawn from the City’s nuisance abatement that can be up to a 25% administrative charge. Parking
violations and some other citations fall under the $35 fee.
Councilmember Bolkcom noted that even though people may be ticketed for snow emergencies,
they could still be towed.
Mr. Tienter replied that is correct, the City can still tow vehicles. This does not prevent the City
from taking action that would be most appropriate for the violation.
Councilmember Bolkcom said people need time when the startup snow emergency season begins
so it would be nice to give people time to move their vehicles.
Mr. Tienter replied the ordinance is not designed as a revenue generation proposition. Public
Safety will give warnings as in the past.
Councilmember Bolkcom asked if they would put a sign on the windshield as a warning.
Mr. Tienter replied that was his understanding.
MOTION by Councilmember Eggert to waive the reading of the ordinance and adopt Ordinance
No. 1382 on second reading, adopt the Adopt Official Title and Summary Ordinance No. 1382
and order publication. Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
NEW BUSINESS:
11. Approve Variance Request, VAR #20-02, by Harry S. Johnson Co., Inc, to Increase the
Size of the Existing Free-Standing Sign on the Slumberland Property from 80 Square
Feet to 130 Square Feet, Generally Located at 8490 University Avenue N.E.;
and
Adopt Resolution No. 2020-58 Approving Variance, VAR #20-02, to Increase the Size of
a Free-Standing Sign for the Property Located at 8490 University Avenue N.E.,
Petitioned by Harry S. Johnson Co., Inc, on Behalf of the Property Owner, Larson
Enterprises (Ward 3).
Scott Hickok, Community Development Director, stated there are two requests: a variance to
increase the size of the free-standing sign and a plat request to replat the property at 8490
University Avenue, to create a new commercial lot on the south side of the property.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 6
Mr. Hickok noted the City Code allows an 80 square foot free-standing sign per parcel of land.
The petitioner is proposing to forfeit the 80 square foot free-standing sign allowance on Lot 2, and
instead add a 50 square foot sign panel to the existing 80 square foot sign on Lot 1. This will
reduce the amount of free-standing signage on this corridor of University Avenue from 160 square
feet to 130 square feet. The 2030 and 2040 Draft Comprehensive Plan guide this property as
commercial; signage use is consistent with what would be allowed in the Plan. Adding a sign
panel to an existing sign and removing the option for a separate free-standing on Lot 2 is
considered a reasonable use. Allowing 1 free-standing sign for 2 parcels is efficient and reduces
visual clutter along the University Avenue corridor. The character of the location will not be
impacted as a result of an additional sign panel on an existing sign pole.
Mr. Hickok said the property is zoned C-2, General Business and was developed in 1994 with the
construction of the existing Slumberland building. C-2 zoning district requires a minimum lot size
of 20,000 sq. ft. Lot 1 will be 148,989 sq. ft. (3.42 acres) in size. Lot 2 will be 33,246 sq. ft. (.76
acres) in size. The Planning Commission held a public hearing for VAR #20-02 and PS #20-02 at
their September 16, 2020 meeting. After hearing from staff, the petitioner and developer, the
Planning Commission recommended approval of both the preliminary plat and the variance, and
the motions carried unanimously. Staff recommends concurrence with the Planning Commission
and requests approval of Variance Request, VAR #20-02 and the corresponding resolution and
Preliminary Plat Request, PS #20-02.
Councilmember Bolkcom asked where the two entrances would be located.
Mr. Hickok replied there is a joint driveway and circulation pattern for traffic to come out at a
more preferable spot. This is a good use of parking and a shared circulation pattern to help out the
two retail entities.
Councilmember Bolkcom asked if staff had any idea what was going there yet and if the business
would need to come back to Council if they wanted their own separate signs.
Mr. Hickok replied they would have to come back to Council. The future owners are subject to
provisions of this variance request.
Councilmember Bolkcom asked what the sign would look like.
Mr. Hickok understands that the sign will be a larger sign but not have an unusual design.
Councilmember Ostwald reviewed the Planning Commission minutes and there were questions
about other signs at that location. He asked if the other sign would stay in the easement and if this
would this affect our sign.
Mr. Hickok replied that this dates back to the 2000s. Lightning struck the area, and there was an
easement granted for this sign. We have spoken with the petitioner and they will allow us to
modify the easement to allow that sign to sit where it is located now.
Councilmember Ostwald asked if anything would happen to the site lines.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 7
Mr. Hickok replied this sits at an elevation that is perfect for roadway visibility. The site lines
will not be affected.
Mark Krouge replied the future tenant is a paint store, and they will sign a long-term lease for the
next 20 years. He is excited to get working on the project and will begin construction the early
part of November and finish site work in the spring. Opening will be the early part of June 2021.
MOTION by Councilmember Bolkcom to approve Variance Request, VAR #20-02, by Harry S.
Johnson Co., Inc, and adopt Resolution No. 2020-58 . Seconded by Councilmember Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
12. Preliminary Plat Request, PS #20-02, by Harry S. Johnson Co., Inc., to Subdivide the
Slumberland Parcel at 8490 University Avenue to Create a New Commercial Lot on the
South Side of the Existing Property (Ward 3)
MOTION by Councilmember Bolkcom to approve Preliminary Plat Request, PS #20-02, by Harry
S. Johnson Co., Inc. Seconded by Councilmember Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
13. Adopt Resolution No. 2020-65 Certifying Certain Delinquent Utility Services and Other
Unpaid Charges for Collection with the 2020 Property Taxes.
Dan Tienter, Finance Director, stated that Minnesota Statute § 444, and various sections of the
City Code, authorize the City Council to certify delinquent utility services and unpaid charges.
Generally, the City certifies unpaid charges for utility services, pond treatments and false alarms.
Upon certification, these charges become a lien against the property and payable in the same
manner as property taxes. The City also charges a penalty for certification, depending upon the
type of unpaid charge. Prior to certification, the City notifies the “past due” account holders of
their status. Staff will often work with account holders to address any outstanding issues.
Mr. Tienter said the City certifies a delinquent account and does not disconnect or shut off the
service to eliminate concerns during cold weather, eliminate the need to investigate the occupancy
of the residence or unit, avoid issues with laws that limit disconnection (e.g., military personnel),
protect the interest of the City upon the sale or forfeiture of a property, eliminate confusion in joint
ownership situations, prevent the City from carrying large delinquent balances, prevent the need
to use collection agencies or similar services, and to prevent damage to older infrastructure. The
City mailed notice to 1,162 account holders. As of October 7, 2020, 611 accounts remain
outstanding, or about 42% less than the initial notice, which account for about $457,720 of unpaid
charges. At present, about 57% of the current certification list were also certified last year.
Mr. Tienter said staff anticipate the Staff anticipate the overall delinquency rate for the utility
funds totals approximately 4.2% of all accounts by the certification date. These delinquent
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 8
accounts total about $318,500, or 2.6% of all revenue budgeted for the public utilities in 2020. In
order to further reduce delinquency rates, staff plan to consider a variety of strategies, including
implementing an automated reminder system, and engaging more directly with those certified over
multiple years.
Staff recommend the City Council adopt Resolution No. 2020–65, certifying certain delinquent
utility services and other unpaid charges for collection with the 2020 property taxes. Upon
approval, the City Clerk will transmit a certified copy of the resolution to the County Auditor by
November 30. Property owners and account holders may pay their delinquent balances until
November 15, to avoid certification.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2020-65. Seconded by
Councilmember Eggert.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARINGS/NEW BUSINESS (ASSESSMENTS)
8. Consider a Vacation Request, SAV #20-01, by Roers Fridley Apartment Owner LLC,
to have a Drainage and Utility Easement Vacated that Exists on the Property,
Generally Located at 6530 University Avenue;
and
Adopt Resolution No. 2020-59, to vacate a Drainage Easement for the Property
Generally Located at 6530 University Avenue N.E., Petitioned by Roers Fridley
Apartment Owner LLC (Ward 3)
MOTION by Councilmember Bolkcom to waive the reading of the notice and open the public
hearing. Seconded by Councilmember Eggert.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:05 P.M.
Scott Hickok, Community Development Director, said in order to allow for the redevelopment of
the Holly Center property at 6530 University Avenue with the multi-family rental housing
development by Roers Companies, an existing drainage and utility easement along the west and
north boundaries of the site needs to be vacated. New drainage and utility easements as well as a
ponding easement will be created on the final plat for the Roers project.
Mr. Hickok said in order to vacate an easement, the City Council needs to hold a public hearing.
A public hearing was advertised in the September 25, 2020 and October 2, 2020 issues of the Life
newspaper for the October 12, 2020 City Council meeting. City staff recommends the City Council
hold the public hearing for Vacation, SAV #20-01 and approve the corresponding resolution in a
separate action item.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 9
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember
Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:08 P.M.
MOTION by Councilmember Bolkcom to approve the Vacation Request, SAV #20-01, by Roers
Fridley Apartment Owner LLC, and adopt Resolution No. 2020-59. Seconded by Councilmember
Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
14. Public Hearing to Consider Adopting the Assessment for Street Rehabilitation Project
No. ST-2018-01
and
Adopt Resolution No. 2020-60 Adopting the Assessment for Street Rehabilitation Project
No. St-2018-01
MOTION by Councilmember Bolkcom to waive the reading of the notice and open the public
hearing. Seconded by Councilmember Eggert.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:09 P.M.
Dan Tienter, Finance Director, stated Minnesota Statute §429.021 and City Charter, Chapter 8.03,
authorize the City Council to finance certain public improvements through special assessments.
Special assessments are generally considered a form of tax levied by a local government against
benefiting properties. Consistent with City Code, Chapter 7 and other policies, the City of Fridley
typically levies special assessments as part of most street improvement projects. Minnesota Statute
§ 429 outlines a specific process for a local government to levy a special assessment. Consistent
with this process, Council completed the following steps: Ordered a preliminary report; conducted
a project workshop (not required); accepted a preliminary report, called for public hearing;
conducted the public hearing, accepted the feasibility study, ordered improvements and called for
bids; received bids and awarded a contract, declared the costs to be assessed, order the proposed
assessment roll and scheduled a public hearing; and conducted the public/assessment hearing.
Mr. Tienter stated that with substantial completion of the project, the City may now proceed with
the final portions of the assessment process:
1. Conducting the public/assessment hearing; and
2. Adopting the proposed assessment as final.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 10
During the public/assessment hearing, Council may receive public comment on the proposed
assessment; and may approve the assessment roll after its closure. As part of the assessment
process, those subject to the assessment may appeal it by filing a written objection with:
1. The City Clerk prior to the public/assessment hearing; or
2. The presiding officer of the pubic/assessment Hearing on the date of the hearing.
Following a properly filed objection, a property owner may appeal an assessment by serving notice
upon the Mayor or City Clerk within 30 days after adoption. Within 10 days of that notice, a
property owner must also file their appeal with the district court. To date, the City Clerk’s Office
has not received any such objections or appeals and no comments regarding the proposed
assessment.
Mr. Tienter said that the special assessments under consideration pertain to the rehabilitation of
th
streets identified in the Street Resurfacing Plan. ST–2018–21 includes the reconstruction of 69
Avenue and Anoka Street, including curb and gutter and associated utilities. Per City policy:
The assessment totals approximately $198,949 levied again 54 properties within project
area. Project costs totaled about $787,111. The assessments for this project are consistent
with the Roadway Major Maintenance Financing Policy.
Property owners may repay the assessment over a 10–year period at an interest rate of
5.25%. Property owners may pay their assessment, interest free, for 30 days after the
adoption of the assessment roll. Per Chapter 7 of the Fridley City Code, any person may
pay all or at least half of the assessment, provided that the partial payment exceeds $100.
Any remaining balance, with the interest as accrued from the date of City Council adoption,
will be certified to the County for collection with property taxes. The remaining balance
may be paid in total by November 15 annually.
A retired or disabled property owner may defer their special assessment under certain
circumstances. The property owner must: Own the property as a qualified residential
homestead; be at least 65 years of age or older or be disabled/retired and payment would
be considered a hardship. The property owner must apply within 30 days of the approval
of the assessment roll by the City Council and meet certain income standards.
Mr. Tienter said staff recommend Council open the public/assessment hearing to accept public
comment regarding the assessment as proposed. Following the public/assessment hearing, staff
also recommend the Council adopt Resolution No. 2020–60. Upon approval, the City Clerk will
transmit a certified copy of the resolution to the County Auditor by November 30.
MOTION by Councilmember Ostwald to close the public hearing. Seconded by Councilmember
Eggert.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:17 P.M.
MOTION by Councilmember Eggert to adopt Resolution No. 2020-60. Seconded by
Councilmember Bolkcom.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 11
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARE THE MOTION
CARRIED UNANIMOUSLY.
15. Public Hearing to Consider adopting the Assessment for Street Rehabilitation Project
No. ST-2019-01
and
Adopt Resolution No. 2020-61 Adopting the Assessment for Street Rehabilitation
Project No. ST-2019-01.
MOTION by Councilmember Bolkcom to waive the reading of the notice and open the public
hearing. Seconded by Councilmember Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:19
P.M.
Dan Tienter, Finance Director, stated that Minnesota Statute § 429.021 and City Charter, Chapter
8.03, authorize the City Council (Council) to finance certain public improvements through special
assessments. Special assessments are generally considered a form of tax levied by a local
government against benefiting properties. Consistent with City Code, Chapter 7 and other policies,
the City of Fridley (City) typically levies special assessments as part of most street improvement
projects. Minnesota Statute § 429 outlines a specific process for a local government to levy a
special assessment. Consistent with this process, Council completed the following steps: Ordered
a preliminary report; conducted a project workshop (not required); accepted a preliminary report,
called for public hearing; conducted the public hearing; accepted the feasibility study, ordered
improvements and called for bids; received bids and awarded a contract; declared the costs to be
assessed, ordered the proposed assessment roll and scheduled a public hearing; and conducted the
public/assessment hearing (this evening).
Mr. Tienter said with substantial completion of the project, the City may now proceed with the
final portions of the assessment process:
1. Conducting the public/assessment hearing; and
2. Adopting the proposed assessment as final.
During the public/assessment hearing, the Council may receive public comment on the proposed
assessment and may approve the assessment roll after its closure. As part of the assessment
process, those subject to the assessment may appeal it by filing a written objection with:
1. The City Clerk prior to the public/assessment hearing; or
2. The presiding officer of the pubic/assessment hearing on the date of the hearing.
Following a properly filed objection, a property owner may appeal an assessment by serving notice
upon the Mayor or City Clerk within 30 days after adoption. Within 10 days of that notice, a
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 12
property owner must also file their appeal with the district court. To date, the City Clerk’s Office
has not received any such objections or appeals and no comments regarding the proposed
assessment.
Mr. Tienter noted that the special assessments under consideration pertain to the rehabilitation of
streets identified in the Street Resurfacing Plan. ST–2019–01 includes the reconstruction of East
thst
Service Drive, 69 Avenue and 71 Avenue, including along with the installation of a trail. Only
the street construction portion of the project are subject to special assessments. Per City policy:
The assessment totals approximately $90,217 levied again 8 properties within project area.
Project costs totaled $797,897.91. The assessments for this project are consistent with the
Roadway Major Maintenance Financing Policy.
Property owners may repay the assessment over a 10–year period at an interest rate of
5.25%. Property owners may pay their assessment, interest free, for 30 days after the
adoption of the assessment roll. Per Chapter 7 of the Fridley City Code, any person may
pay all or at least half of the assessment, provided that the partial payment exceeds $100.
Any remaining balance, with the interest as accrued from the date of City Council adoption,
will be certified to the County for collection with property taxes. The remaining balance
may be paid in total by November 15 annually.
A retired or disabled property owner may defer their special assessment under certain
circumstances. The property owner must: Own the property as a qualified residential
homestead; Be at least 65 years of age or older; or be disabled/retired and payment would
be considered a hardship; Make application within 30 days of approval of the assessment
roll by the Council; and Meet certain income standards.
Mr. Tienter said that based on the process to date, staff recommend the Council open the
public/assessment hearing to accept public comment regarding the assessment as proposed
following the hearing, adopt Resolution No. 2020–61. Upon approval, the City Clerk will transmit
a certified copy of the resolution to the county auditor by November 30.
Mayor Lund said that his street was in poor condition and he is happy with the road despite the
slight inconveniences.
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember
Eggert.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 7:27 P.M.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2020-61. Seconded by
Councilmember Eggert.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 13
16. Public Hearing to Consider Adopting the Assessment for Street Rehabilitation Project
No. ST-2020-01;
and
Resolution No 2020-62 Adopting the Assessment for Street Rehabilitation Project No.
ST-2020-01.
MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember
Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 7:27 P.M.
Dan Tienter, Finance Director, stated that Minnesota Statute § 429.021 and City Charter, Chapter
8.03, authorize the City Council to finance certain public improvements through special
assessments. Special assessments are generally considered a form of tax levied by a local
government against benefiting properties. Consistent with City Code, Chapter 7 and other policies,
the City of Fridley typically levies special assessments as part of most street improvement projects.
Minnesota Statute § 429 outlines a specific process for a local government to levy a special
assessment. Consistent with this process, Council completed the following steps: Ordered a
preliminary report; conducted a project workshop (not required); accepted a preliminary report,
called for public hearing; conducted the public hearing; accepted the feasibility study, ordered
improvements and called for bids; received bids and awarded a contract; declared the costs to be
assessed, order the proposed assessment roll and scheduled a public hearing; and conducted the
public/assessment hearing (this evening).
Mr. Tienter said that with substantial completion of the project, the City may now proceed with
the final portions of the assessment process:
1. Conducting the public/assessment hearing; and
2. Adopting the proposed assessment as final.
During the public/assessment hearing, the Council may receive public comment on the proposed
assessment; and may approve the assessment roll after its closure. As part of the assessment
process, those subject to the assessment may appeal it by filing a written objection with:
1. The City Clerk prior to the public/assessment hearing; or
2. The presiding officer of the pubic/assessment Hearing on the date of the hearing.
Following a properly filed objection, a property owner may appeal an assessment by serving notice
upon the Mayor or City Clerk within 30 days after adoption. Within 10 days of that notice, a
property owner must also file their appeal with the district court. To date, the City Clerk’s Office
has not received any such objections or appeals and two (2) formal comments regarding the
proposed assessment.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 14
Mr. Tienter noted that the special assessments under consideration pertain to the rehabilitation of
streets identified in the Street Resurfacing Plan. ST–2020–20 includes the reconstruction of eight
different street including curb and gutter and associated utilities. Only the street construction
portion of the project are subject to special assessments. Per City policy:
The assessment totals approximately $608,852 levied again 177 properties within project
area. Project costs totaled $704,550, including a construction cost of $584,180. The
assessments for this project are consistent with the Roadway Major Maintenance Financing
Policy.
Property owners may repay the assessment over a 10–year period at an interest rate of
5.25%. Property owners may pay their assessment, interest free, for 30 days after the
adoption of the assessment roll. Per Chapter 7 of the Fridley City Code, any person may
pay all or at least half of the assessment, provided that the partial payment exceeds $100.
Any remaining balance, with the interest as accrued from the date of City Council adoption,
will be certified to the County for collection with property taxes. The remaining balance
may be paid in total by November 15 annually.
A retired or disabled property owner may defer their special assessment under certain
circumstances. The property owner must: Own the property as a qualified residential
homestead; be at least 65 years of age or older; or be disabled/retired and payment would
be considered a hardship; make application within 30 days of approval of the assessment
roll by the Council; and meet certain income standards.
Mr. Tienter said based on the process to date, staff recommend Council open the
public/assessment hearing to accept public comment regarding the assessment as proposed.
Following the public/assessment hearing, staff also recommend Council adopt Resolution No.
2020–62, to adopt the assessment for Street Rehabilitation Project No.–2020–01. Upon approval,
the City Clerk will transmit a certified copy of the resolution to the County Auditor by November
30.
Gary Roback, 340 Ely Street, said he has lived in his home for 43 years and the City has done
nothing. The last five years his taxes have increased nearly 50% from $1,900 to $2,900. Now he
is getting assessed and it irritates him. He wants to be heard and he is not sure what is going on
with the taxes going up so fast.
Mayor Lund replied street rehabilitation projects have been going on for a long time and by the
time the 100 miles of City streets are completed, the process will start all over again. Different
cities do different things. For example, Edina charges a higher property tax and does not do
assessments. Fridley assesses homeowners when they are doing your street and it is pretty well
laid out and planned. Every dime that is assessed for the street goes into the street project.
Mr. Roback asked what happens to the money from the tax increases he has been paying.
Mayor Lund replied that there is a separate pocket of money for street assessments. If we did not
have new developments occurring where we get more taxes from, we would see even higher
increases in property taxes.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 15
Barb Wasserman, 340 Hugo Street, said she would like information about the retired disabled
over 65 application.
Mr. Tienter provided information on the application and additional information that would be
needed to verify eligibility.
Mayor Lund said he thought that when the invoice goes out to the properties that information
about assistance was included in the memo.
Mr. Tienter replied that City staff provided a letter to property owners and the letter includes
discussion about deferment. After this meeting staff will send another letter once the assessment
is approved. If the payment is deferred, a letter is sent annually to the property owner and the
invoice will have to be paid upon sale of the home.
David Lawson, 231 Longfellow Street, said he agreed with Mr. Roback about wondering why
property taxes are increasing and why the City is assessing homeowners for more money.
Homeowners pay taxes to take care of this. He did not receive notice of the assessment and had
no notice to financially prepare for this. He has lived at this home for just over a year.
Mayor Lund wondered if the letter was sent to the previous owner.
Mr. Lawson said that the interest rate is the worst part, being charged money to pay it back.
Councilmember Bolkcom said homeowners do not have to take this interest rate, they can choose
to borrow money elsewhere. This is an opportunity to get a loan from the City and not have to
make applications or run credit reports with other lenders. The City still has to pay for this project.
Mayor Lund noted that assessments are not unique to Fridley, they are very common.
Homeowners can pay it now or pay as they go. Homeowners are only assessed for a portion of
the street. The people who use the street the most pay for a portion of the street because they
directly benefit.
Mr. Lawson said he understands the assessment, but maybe the City could consider working with
the interest rate, it does not seem right.
Mr. Tienter replied that the interest rate is set against the prime interest rate used by banks and
commercial lenders. The City’s past practice is to charge 2% above the prime rate and is designed
to be competitive. This is a financing strategy available to anyone regardless of their credit. The
interest rate is lower than what was originally on the assessment last year which was 6.25%.
Jim Kosluchar, Public Works Director, said that Mr. Lawson was on the initial mailing and these
notices are sent out via regular mail, the City is not required to send out assessments certified mail.
Homeowners need to be careful with mail as we have had cases where the information was thrown
out thinking it was junk mail.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 16
Terri Pierce, 8020 Ruth Street, said there is still work to be done on her street. If this is approved,
she wants to make sure the work is complete. She asked if the grass does not grow, will they come
back in the spring to replant the grass.
Mayor Lund replied that residents are asked to water the grass, but they will come back and clean
up in the spring.
Councilmember Bolkcom asked what was still left on this project to be done.
Mr. Kosluchar replied striping, clean up, signage, and saw cutting will be done this week. Saw
cutting controls the cracking. There is a warranty period for one year after the final payment so
they will come back to fix things like replant grass.
Ms. Pierce said that on Ruth Street and Ely Street the cement gutter is on the wrong side of the
road. The water pools on the other side of the road.
Mr. Kosluchar said he will follow up on the gutter question.
Mary Roback, 340 Ely Street, asked if no parking signs could be put up on the street where the
apartment building is. People who park there leave trash, broken down cars, etc.
Mayor Lund replied in the summer they can park on the street, in the winter they cannot. If a
vehicle is not licensed or operable and there is a code violation, the City would rectify the issue.
He said they could call City Hall and make a report or call 411.
Mr. Lawson said his mailbox stand was broken, and he does not like how they replaced it.
Mayor Lund asked him to take Jim Kosluchar’s business card, and someone would come out and
take a look at it.
MOTION by Councilmember Bolkcom to move into record a letter form from David and Elyse
Lawson. Seconded by Councilmember Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Jessica Skrypez, 279 Liberty Street, asked why the cul-de-sac was removed. People use that when
they are using the park. She also noted that there is a large pine tree causing a blind spot which
may cause accidents.
Mr. Kosluchar replied that at the preliminary meeting people were not fond of the cul-de-sac and
eliminating it helped meet the plan goals to reduce excess pavement. There were trucks and other
vehicles parked there at odd times. He will take a look at the site lines and location of the pine
tree.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 17
Councilmember Bolkcom added that it was the consensus of people involved in the planning
meeting and activity that was going on in the cul-de-sac that it was best to remove it.
Ms. Skrypez asked if a stop sign could be installed because people go fast down that street.
Mr. Kosluchar said if there is a concern about speeding vehicles, a speed monitor could be put
out on the street.
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember
Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 8:11 P.M.
MOTION by Councilmember Bolkcom to adopt Resolution No 2020-62. Seconded by
Councilmember Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
17. Public Hearing to Consider Adopting the Assessment for the 2020 Nuisance Abatements,
and
Resolution No. 2020-64 Adopting the Assessment for the 2020 Nuisance Abatements.
MOTION by Councilmember Bolkcom to waive the reading of the notice and open the public
hearing. Seconded by Councilmember Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING OPENED AT 8:13 P.M.
Dan Tienter, Finance Director, stated that Minnesota Statute § 429 authorizes municipalities to
finance certain public improvements, including nuisance abatements, with special assessments
against the benefiting property. Chapter 128 of the Fridley City Code also authorizes the City of
Fridley to recoup any costs associated with the abatement. Chapter 110 of the City Code defines
public nuisances subject to abatement, including: Conditions that unreasonably annoy, injure, or
endanger the safety, health, and comfort of the public, among other more specific issues.
Mr. Tienter said that consistent with the process outlined in the aforementioned regulations, the
City completed or will complete the following: September 14, declared the costs to be assessed,
order the proposed assessment roll and scheduled the public hearing; September 15, mailed
assessment notice to the impacted property owners; September 18, published the notice of a public
hearing; and October 12, hold a public hearing and consider approval of the proposed assessment
roll. As of the public notice, the proposed assessment included 66 properties with assessments
totaling approximately $180,670. Following the notice, the proposed assessment roll now includes
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 18
64 properties with assessment totaling approximately $179,701. For reference, the City assessed
the following properties in previous years: 2017, 32 properties with assessments totaling about
$18,998; 2018, 26 properties with assessments totaling about $19,047; and 2019, 63 properties
with assessments totaling about $74,738.
Mr. Tienter noted that per City policy, the property owners may repay the assessment over a one–
year period at an interest rate of 5.25%. Property owners may pay their assessment, interest free,
for 30 days after the adoption of the assessment roll or until November 15. Per Chapter 7 of the
Fridley City Code, any person may pay all or at least half of the assessment, provided that the
partial payment exceeds $100. Any remaining balance, with the interest as accrued from the date
of City Council adoption, will be certified to the County for collection with property taxes.
Mr. Tienter said that as part of the assessment process, those subject to the assessment may appeal
it by filing a written objection with:
1. The City Clerk prior to the public/assessment hearing; or
2. The presiding officer of the pubic/assessment Hearing on the date of the hearing.
Following a properly filed objection, a property owner may appeal an assessment by serving notice
upon the Mayor or City Clerk within 30 days after adoption. Within 10 days of that notice, a
property owner must also file their appeal with the district court.
To date, the City Clerk’s Office has received three (3) written objections and two (2) comments.
Based on the process to date, staff recommend the City Council:
1. Open a public hearing to accept comments regarding the proposed assessments for
the 2020 nuisance abatements; and
2. Upon closure of the public hearing, adopt the Resolution No. 2020–64, adopting
the proposes assessment for the 2020 nuisance abatements.
Upon approval, the City Clerk will transmit a certified copy of the resolution to the county auditor
by November 30.
Councilmember Bolkcom asked on number 12 where it just says “owner” how that is mailed and
addressed.
Mr. Tienter replied that sometimes there is not any information for the owner, but a letter is still
mailed “To Whom It May Concern.”
Councilmember Eggert asked about the nature of the cleanup for the nuisance for $42,000.
Dan Cahill, Neighborhood Preservation Specialist, said the owner was a huge collector and the
site had about 60 vehicles with engines and RVs. Staff gave the owner the opportunity to clean
up the site, but he did not, so we had to remove vehicles, trash, and dead animals. In addition,
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 19
there were storage fees for every vehicle. After 30 days of storing, there is another fee. The RVs
are hard to dispose of and to remove the engines and heavy equipment was needed to remove the
vehicles.
Daniel Yesnes, 4553 Main St. NE, said he has had some health issues and was hit with an
assessment for cleanup which he paid. Suddenly his lawn was being cut by someone lined up by
the City and he got a bill for another lawn assessment. He was taking care of the lawn and feels it
was unfair he was charged $145 to cut the lawn when he had someone already taking care of it.
He made phone calls and wrote a letter to the City to stop cutting his grass. The City charged him
for mowing his lawn in September and now they are cutting it again. The City is rather aggressive
in cutting the grass and he feels like he is being targeted.
Mayor Lund asked when the letter was sent to the City to stop mowing.
Mr. Yesnes said the letter was dated October 17.
Mayor Lund said that once you get in the rotation of mowing, they continue to do it.
Mr. Yesnes said he did not know he was on a list to mow his lawn.
Mr. Cahill said that a letter is sent when the grass is over 12” high and the letter also referenced a
trash container with raw trash that was removed. He contacted staff and said he would take care
of it and had trouble with the tenant that was not cutting grass. Another month and a complaint
was made that the grass was over 12” high again so staff had the grass one more time and that was
the October bill.
Mr. Yesnes asked for a picture of when the grass was 12” high. He hired an outside person to cut
the grass and he did not show up. He said he did not get a letter that he was on a regular mowing
cycle.
Mayor Lund replied that he was not on the rotation until they received another complaint.
Mr. Yesnes said he was put on a rotation to mow every two weeks. He asked in his letter to see a
picture of it and no response was received.
Mayor Lund replied that is a reasonable request, but he does not find City staff singling out
anyone. He said it was best to respond to letters when they are received and if there is a hardship,
to let staff know.
Mr. Yesnes replied that is not true for the city of Fridley. He said he explained his problems with
the garbage and paid the $1,000 for a couple hours of work. He said not to insult his intelligence
that they will work with you because that is not the case in this matter.
Councilmember Bolkcom noted that a lot of mowing requests come from a complaint and these
need to be addressed because of health issues. We do try to help people out if they call. This work
is not done by our City staff but by a contractor and the costs are higher.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 20
Mr. Cahill said that they double check the property before a contractor is hired to make sure the
property is still in violation. The contractor knows if the property is not in violation, not to mow,
but there would be a trip charge. Contractors have a three-day window to cut the grass.
Donald Findell, 6634 Central Avenue NE, said he has been a Fridley resident since 1967. In the
early 1970s, he acquired property that has provided needed housing to 500 to 700 tenants. He has
been able to provide affordable housing by keeping the rent below market rate. He has been a
tolerant landlord and some tenants have been with him nearly 20 years. One of his tenants, Worthy,
got involved in recycling and overstepped his boundaries by overloading the property when he
found a good deal. The previous enforcement officers had a good working relationship when he
had cleanup issues. Worthy died after battling cancer and my son and I have been working on
cleaning up his items on the property. Mr. Cahill recognized progress has been made with a few
minor issues, but a simple phone call could have avoided the situation we face tonight.
He said he was headed out of state and figured that a few refrigerators that were loaded on a trailer
and other items that were out of site from the road would be okay until I returned. Mr. Cahill
located a contractor and had the items removed and assessed me $3,100 for the contractor who did
the work. Mr. Cahill said he does not cite, he abates. When I asked Mr. Cahill about the additional
notice, he responded that the other 21 letters were enough. I reviewed the letters dated back to
2005 and all were marked closed which meant compliance was met. The supervisors should have
given one last phone call or one last notice before abating the property. There is a major problem
with enforcement policy of city government. Based on past communication and as promised on
the website, before an abatement, an additional notice would be given. He said he opposed the
proposed assessment and certification to the 2021 taxes and was requesting an invoice for the
$3,100 abatement charges.
Mayor Lund said he was sorry Mr. Findell was here and recognizes that he is upset. He will ask
staff about the secondary letter but what concerns him is that Mr. Findell has had multiple
violations that have been closed out. Many citizens never get any violations and Mr. Findell has
had repetitive abatements. Although Mr. Findell does a great service to lower income residents,
there have been 21 violations that have been closed out. It should have never gotten to this point.
Mr. Cahill said on August 28, staff observed refrigerators and other items on the site and followed
up on September 12 and then referred it to him for code enforcement. He did a 20-day abatement
letter and after the 20 days were up, he did an abatement of items on the property. If items are of
value, they are stored and there is an additional fee.
Mr. Findell said he would like to see the first pictures that were taken.
Mr. Cahill showed the picture and said they duct taped the refrigerators as it is against the law to
not have them unsecured as children could get hurt. There were tires, bags of trash and other items
behind the shed.
Councilmember Bolkcom asked what the building was in the photograph.
Mr. Findell replied that it was a shed Worthy put up without his permission.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 21
Mr. Cahill reviewed past violations and multiple abatement letters on the property ranging from
not cutting grass to illegal outside storage and inoperable vehicles on the grass.
Mayor Lund asked for a breakdown on the assessment of $3,200 and the $3,900 that is listed in
the packet.
Mr. Cahill replied staff time for writing the letter, following up, scheduling and processing plus
the contractor charges to remove the items. Removal of refrigerators is more expensive because
they have to remove the freon. Tires and raw trash are also more expensive plus there were storage
fees. Mr. Findell had a choice to come and get the items of value, but he did not, so we disposed
of those items.
Mayor Lund asked how long the refrigerators were there.
Mr. Findell replied 2-3 weeks and they were behind the dumpster out of public site leaning up
against the fence so the fridge could not be opened. He asked where they got $3,100 to remove
these items.
Mayor Lund replied that it gets expensive when the City gets involved.
Mr. Findell said to look at abatements and how many there are compared to last year. He asked
if abatements were a new profit center for the City.
Mayor Lund wondered if the previous staff were too lenient. He asked why Mr. Findell did not
clean up his property.
Mr. Findell replied that they got it cleaned up but now someone does not like how they cleaned it
up. He asked who gives Mr. Cahill that authority.
Mayor Lund replied we do. We are not trying to make money off this. Years ago, we did this on
a complaint basis only. Now, we are doing it on a systematic basis.
Mr. Findell said that people dump stuff in his dumpsters all the time. He has no control over that,
and he has to take care of that stuff himself.
Mayor Lund said that he had a large dumpster in his business and people dumped there too.
Mr. Findell asked how this much money could be charged for an abatement without supervisor
approval.
Mayor Lund replied that staff has to have justification for the cost. You have had your time to
debate this issue and if you want to go to court, that is your next option. I have had 130 residents
and I would never allow my tenants to do what they did, put up a shed without approval or bring
all that stuff in there. You have a responsibility as an owner to take care of your property.
Mr. Findell said he will take the friendly out of Friendly Fridley.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 22
Councilmember Bolkcom asked why he did not contact a Councilmember if he was having issues
instead of letting it come to this.
Mr. Findell said that he did not receive a second letter. He asked why an estimate was not given
before the stuff was taken out. He received one letter and arranged to take care of this but when
he returned from out-of-state, it was already done without a notice.
Scott Hickok, Community Development Director, asked to respond. This is not the only property
owned by this owner and there are numerous code enforcements issues staff have encountered with
these properties. We have let it go until finally it was time to get it cleaned up. This is not the way
code enforcement is supposed to happen. After 21 letters, you earn an abatement that needs to be
cleaned up in 20 days. You can call and schedule an arranged time to have this taken care of, have
it done in 20 days, or ask for an appeal. He said he was proud of the work Mr. Cahill does and he
managed the situation. He got rid of dangerous items and there was a shed here that was built
without a permit. This is one of the best advertisements to manage your property. Do not rely on
code enforcement to be the bad guy, instead manage your own property so we do not have to.
Julie Findell said they have owned this property for many years, it used to be a motel. We have
kept it up as best we could and never had any complaints from neighbors and bent over backwards
for people who cannot afford a place. She said they could not be out there every day or every
week to see what is dropped off there. People from Fridley gave him a chance to get rid of items
and the City worked along with us in the past.
Mayor Lund said he wants Mr. Findell to be part of the solution and not part of the problem.
History says you have not always been successful in maintaining your property. You let down
your guard over the years and maybe previous staff were more lenient, but it gets frustrating
because we are back with the same properties with code enforcement issues.
Mr. Findell said that every single day he needs to pick up items. He doesn’t see $3,100 in work
that was done and would like to see the itemized bill.
Mayor Lund will see if staff can send an itemized bill.
rd
Gelle Nadifo, 5931 3 Street, said she is here today because she got a letter from the City Council.
She moved here recently and is new to the area and did not know about the rules. She was not
completely aware that is required. She came to the meeting to talk about the money and ask
Council to forgive her, so she does not have to pay for it.
Mayor Lund said she admitted she got a letter and did not understand the rules or ordinances. It
is her responsibility to get someone to interpret the letter and respond to the City. To forgive the
cost is not likely to happen. The time to discuss this was when she received the first letter.
Ms. Nadifo said he received a letter and had rights to interpret the letter. She saw the letter a few
days ago that told her to come here today. She does not know why she did not see the paper on
time.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 23
Mayor Lund asked why she did not respond to the previous letter. The first letter let her know
there was a problem.
Ms. Nadifo said she was not sure if the first letter came to her mail or not. She saw this letter a
few days back to come here and this is the only letter she saw. She moved here from Hennepin
County and the rules are not the same. She put the garbage where she put it and she did not know
the rules. She said if they could help with the charges, it would be appreciated.
Mr. Cahill said that three letters were sent, a courtesy letter, final letter, and abatement letter.
After the third letter, her daughter called him. He explained the rules and gave her an extra 30
days to get rid of things.
Ms. Nadifo said she did not know anything about that, and her daughter did not inform her about
the extension. She said if she had known, she would have gotten rid of it. She said she works in
the morning and comes home in the evening and no one let her know.
Mr. Cahill noted that due to COVID she got another extension and another letter and still nothing
was removed.
Ms. Nadifo said she was working during COVID and always went to work. She said she was not
aware of this, but now that she knows about it, she will be careful from now on and request help
with this.
Mayor Lund asked how she knew this letter was important, someone had to read this to her, and
she says she never saw the other three letters.
Ms. Nadifo replied that this went to her kids and they threw it somewhere and did not inform her
of the importance of it. She said there was a bunch of mail and they were looking through it and
one of her daughters looked at it and she explained what it meant. She said her daughter told her
she saw another paper like this before.
Mayor Lund said so you knew you received more than one letter to show up here today.
Ms. Nadifo replied that her daughter told her she might have seen a paper like this before.
Mayor Lund asked how old the daughter was.
Ms. Nadifo replied nineteen.
Mayor Lund said that she is a legal adult at age 19. This is an expensive lesson. It seems like
plenty of notice and time was given to act when you got a letter plus all the extensions due to
COVID.
Ms. Nadifo agreed that it is an expensive lesson and she made a mistake.
Councilmember Bolkcom asked what material was abated.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 24
Mr. Cahill replied tires, wood, a mattress, and a few other things. He started in February with
notices and she had no prior history. A courtesy letter, final and abatement letter was sent, and
then additional time was given due to COVID--approximately six months--to remove the items.
Councilmember Bolkcom said that for six months stuff sat here where the neighborhood could
see it and it was her responsibility to take care of it. She asked what the responsibility was for the
City of Fridley to notify her because she did not understand the letters.
Andrew Biggerstaff, City Attorney, replied that City Code lays out the process notifying residents
of nuisance problems and steps to abate the issues. It is the obligation for the City to notify the
person before abatement action is taken. It is important to keep in mind that the City has spent
public dollars to abate the nuisance.
Ms. Nadifo said that she cannot afford the money and cannot say it was six months but for a long
time the trash was sitting there. She said she has a small car and in Hennepin County they took
the trash for her. She tried to get rid of it by contacting the trash company and they told her it
would cost a lot of money to remove the items. She said it is too expensive for her pay and asked
if Council can forgive her for the money.
Attorney Biggerstaff stated that the abatement process is a two-step process--first identifying the
problem and notifying the property owner that there is a problem. If the property owner doesn’t
take care of problem, then the City steps in. The City is not required to send out information in
different languages and he does not know of anything obligating the City to do so.
Councilmember Bolkcom said that the daughter did read the letter and called the City, so she
does read and speak English. The City cannot take on the $1,100 charges. If she cannot pay today
this can be put on her property taxes and paid in one year. It is not fair to anyone else who is
paying the same type of abatements to forgive this invoice.
Mayor Lund noted that if this is approved, she has 30 days to pay or the City puts the amount due
on her property taxes to pay within one year.
Ms. Nadifo asked if there was any other option.
Mayor Lund replied that she can go to court and file a complaint for another hearing. Staff can
help her. Mr. Hickok will give her his business card.
Ms. Nadifo asked if there would be an interpreter available.
Mayor Lund replied she could use a family member or Fridley has translator phone service. She
must make an appointment.
Sirena Morisset, 5273 Horizon Drive NE, said that for whatever reason Mr. Cahill sent her a letter
for an abatement for fence panels but she is curious why no estimate was sent prior to arriving on
her property. She received paperwork from Advanced Companies with an estimate dated June 15
and according to the paperwork they did not come on to her property until June 18. They were
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 25
only supposed to remove fence panels and they cleaned out her entire back yard including her
son’s trampoline, a grill, and chairs. She does not know what their business was removing
everything.
Mayor Lund replied that the contractor will abate everything that is a code violation.
Ms. Sirena replied that the trampoline and grill were not code violations.
Mr. Cahill said that they did not take the chairs. They did take the trampoline because it was
ripped there was furniture in the tree, raw trash in the front, tall grass and the grill had maggots in
it.
Ms. Sirena said she was disabled due to an auto accident. She said she spoke to an employee on
September 9 and they said anything removed from the property would be held for 30 days. She
wanted to pick up the trampoline, grill, and chairs because they were still usable, and they were
not there.
Mr. Cahill said the grill had maggots and the trampoline was ripped.
Ms. Sirena said that they had no right or business to come on to her property other than to remove
the fence panels that she was warned about. She asked if the contractors were told to throw those
items away.
Mr. Cahill said that anything with no value is thrown away.
Ms. Sirena said she almost called the police because things on her property were gone. She found
out from a neighbor that there was a dumpster on her driveway. She goes to this property twice a
week and the letters she received did not say anything that they would remove all this stuff.
Mayor Lund replied that the City does have the right to remove things when you do not take care
of your property. He asked why it would be fair for taxpayers to take care of her property.
Ms. Sirena said she is disabled from shoulder surgery due to accident.
Mayor Lund said that if she has a disability and cannot do things, she needs to hire the work done
or ask a friend or family to help take care of her property.
MOTION by Councilmember Bolkcom to move into record a letter from Brookdale Health.
Seconded by Councilmember Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
Mr. Cahill said that the letter that is sent out is generic stating that anything outside the home
except for yard furniture, grills or material being used for a project is not allowed.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 26
Mayor Lund said the grill in this case was a health and safety issue due to the maggots.
Councilmember Bolkcom asked about the time frame between the first notice and abatement.
Mr. Cahill replied there was a 24-hour abatement for the raw trash and the other was 20 days prior
to that.
Councilmember Bolkcom asked if this property owner had a history for other abatements.
Mr. Cahill replied yes, we cut the grass.
Mayor Lund asked if there was any response by the property owner after the letters were sent.
Mr. Cahill replied that due to the property being in foreclosure and already into auction with a
different owner, letters were sent to the last owner and the current owner.
Ms. Sirena noted that her property has not gone into auction and due to COVID they cannot
auction property. She is working on short selling the property with a realtor and can still get into
the property.
Mr. Cahill said that she does have the right to sell the property and remove delinquencies at this
time during the redemption period.
MOTION by Councilmember Bolkcom to close the public hearing. Seconded by Councilmember
Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED AND THE PUBLIC HEARING CLOSED AT 10:06 P.M.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2020-64 Adopting the
Assessment for the 2020 Nuisance Abatements. Seconded by Councilmember Eggert.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARE THE MOTION
CARRIED UNANIMOUSLY.
Mayor Lund asked staff to send Mr. Findell an itemized bill for his abatement.
Mr. Cahill replied that all abatements are itemized, and the cost is more expensive as insurance
requirements are pretty high and very few companies are willing to do this work. He will send out
an itemized bill to Mr. Findell.
Mayor Lund agreed that this is an expensive process if you let it go to the City, so if you get a
letter, respond to it and we can work together to accomplish the task. The City isn’t out to make
money off abatements.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 12, 2020 PAGE 27
Councilmember Bolkcom asked when someone gets abated if staff can send a copy of the receipt.
Mr. Cahill replied that they already do that and stamp the invoice “paid by the City.”
Mayor Lund said that when the City gets involved using taxpayer money, it is going to be
expensive.
Councilmember Bolkcom noted there are so many more assessments now because people can
report their neighbors’ front or back yard.
Mayor Lund said if you get a letter form the City, respond to it. 95% of the population never gets
a letter.
18. Informal Status Reports
None.
ADJOURN:
MOTION by Councilmember Ostwald to adjourn. Seconded by Councilmember Eggert.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 10:32
P.M.
Respectfully submitted,
Krista Peterson Scott J. Lund
Recording Secretary Mayor