CCM 06/22/2020
CITY COUNCIL MEETING
CITY OF FRIDLEY
JUNE 22, 2020
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:00 p.m.
MEMBERS PRESENT: Mayor Lund
Councilmember Ostwald
Councilmember Tillberry
Councilmember Eggert
Councilmember Bolkcom
OTHERS PRESENT: Wally Wysopal, City Manager
Dan Tienter, Finance Director
Scott Hickok, Community Development Director
Jamie Menke, 701 Bennett Drive NE
Katie Salzer, 5721 Regis Drive NE
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
1. City Council Meeting Minutes of June 8, 2020.
APPROVED.
NEW BUSINESS:
2. Adopt Resolution No. 2020-33 Approving Gifts, Donations and Sponsorships for the City
of Fridley
ADOPTED RESOLUTION NO. 2020-33.
3. Claims (189168 - 189318).
APPROVED.
ADOPTION OF PROPOSED CONSENT AGENDA:
MOTION by Councilmember Bolkcom to adopt the proposed consent agenda as presented.
Seconded by Councilmember Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCL MEETING OF JUNE 22, 2020 PAGE 2
OPEN FORUM, VISITORS:
Jamie Menke, 701 Bennet Drive NE, requested that a stop sign be installed at the intersection of
Bennet Drive and Monroe Street. Currently there are two yield signs and because of the straight
street people are traveling at a greater speed than what is posted. There is also an entrance and exit
for a church parking lot that has no stop or yield sign for parishioners as they leave their parking lot.
Mayor Lund noted that Public Works has been notified and conversations have started about this
issue. A traffic study is scheduled for that area to come up with recommendations. The City does
not put stop signs on private property, so that would be the responsibility of the church.
Councilmember Bolkcom recommended to put up the speed board to a send message about how
fast people are driving and that could be part of the traffic study. A Resource Officer could also be
making rounds through the neighborhood to ticket people speeding.
Katie Salzer, 5721 Regis Drive NE, commented about young people lighting off fireworks
constantly and said it is against the law to display fireworks. She would like to live peacefully in
her neighborhood and not have to listen to this happening until midnight.
Mayor Lund replied that he recently responded to some inquiries on nextdoorneighbor.com. The
best thing to do is not to approach the people and call 911 to dispatch a police officer to the site.
Councilmember Eggert noted that they are also violating the curfew that is in place for young
people. The best resolution is to call 911.
Ms. Salzer asked what the Council thought about hiring peace officers.
Mayor Lund replied that conversations have started but not specifically about that idea. He
requested that an email be sent, and he would forward it to the Director of Public Safety.
Councilmember Bolkcom said she did not think the answer was to have peace officers living in our
community. Fridley has a different culture and all of the police officers are expected to be part of
the community. Fridley police officers are on different committees and do a lot throughout the
community. Living in the community does not necessarily make a good police officer, but knowing
the community is what is important, and officers know what is going on in our community.
ADOPTION OF AGENDA:
MOTION by Councilmember Bolkcom to adopt the agenda as presented. Seconded by
Councilmember Ostwald.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCL MEETING OF JUNE 22, 2020 PAGE 3
PUBLIC HEARING:
4. Public Hearing Declaring a Hazardous Building at 5821 Hackmann Avenue (Ward 2);
and
Adopt Resolution Ordering the Removal of Repair of a Public Nuisance/Hazardous Building
Pursuant to Minnesota Statutes, Section 463, Located within the City of Fridley, Minnesota
MOTION by Councilmember Bolkcom to open the public hearing. Seconded by Councilmember
Eggert.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARREID AND THE PUBLIC HEARING OPENED AT 7:24 P.M.
Scott Hickok, Community Development Director, stated the home at 5821 Hackmann Avenue was
built in 1956. In 1980, the original tuck-under garage was converted to living space and sloped
conditions on the site made retaining walls necessary. Pressure treated lumber foundations were
becoming popular in 1980 and the homeowner at 5821 Hackmann Avenue used a treated lumber
design for the large retaining wall used to flatten the slope of the driveway. The choice was retaining
walls or a 15% Sloped driveway.
Mr. Hickok said Theresa and Nate Westbrook bought 5821 Hackmann Avenue in 2012. In 2015,
the City’s Code Enforcement Officers, identified issues of improper outdoor storage including wood
pallets, furniture etc. In 2016, the Westbrooks re-sided the home and provided updates to the exterior
of the detached garage as well. In 2018, the City’s Code Enforcement Officer noted issues of
improper outdoor storage on the property and sought corrective measures by the homeowners.
Several inspections/re-inspections were required to gain compliance. Mr. Westbrook had also begun
working on the excavation involved in repairing the retaining walls. The retaining walls and
landscape were working against one another and showing evidence of failure.
Mr. Hickok noted that the existing issues are the lack of environmental protection, including silt
fence, enviro-rolls, lack of guard rails to doorway, retaining walls that are failing, evidence of some
retaining work started but left without filter fabric and other protections, and there is turf missing.
Statute 463.15, Subdivision 3, states:
"Hazardous building or hazardous property" means any building or property, which because
of inadequate maintenance, dilapidation, physical damage, unsanitary condition, or
abandonment, constitutes a fire hazard or a hazard to public safety or health”
Fridley Code Provisions 110.03. PUBLIC NUISANCE DEFINED
“Whoever, by an act or failure to perform a legal duty, intentionally does any of the
following is guilty of maintaining a public nuisance, which is a misdemeanor: 1. Maintains
or permits a condition that unreasonably annoys, injures or endangers the safety health,
comfort, or repose of any considerable number of members of the public; 2. Interferes with,
FRIDLEY CITY COUNCL MEETING OF JUNE 22, 2020 PAGE 4
obstructs, or renders dangerous for passage any public highway or right-of-way, or waters
used by the public…..”
CHAPTER 128 ABATEMENT OF EXTERIOR PUBLIC NUISANCES (Ref. 1021, 1043, 1069, 1283,
1369, 1373) 128.01.
“PURPOSE the Council of the City of Fridley has determined that the health, safety, general
welfare, good order and convenience of the public is threatened by certain exterior public
nuisances on property within the City limits. It is declared to be the intention of the Council
to abate such nuisances, and this Chapter is enacted for that purpose.”
Mr. Hickok noted that numerous projects appear to be underway simultaneously. Meanwhile, the
retaining walls have continued to degrade, and silt plumes are evident in the street on an on-going
basis. Dangerous conditions are evident as the projects are left open without guard rails. The
materials to make progress are evident on site but strewn in an unorganized manner.
Mr. Hickok stated staff met with Mr. Westbrook to discuss the site and his plans, not from a Code
Enforcement perspective, but from a desire to understand how assistance might help in getting the
projects completed. Concrete block retaining walls had been constructed and evidence of a plan was
taking shape. The owner indicated an interest in mutually evaluating solutions. It is staff’s opinion
that since the most recent discussions on site, there not only appears to be a plan, but also progress
toward completion of significant aspects of the owner’s project. This completion could come
through a mutually agreed upon specification and to then assess the property for the cost of the
improvements. This assessment is a completion strategy that has been used in the past and has been
very effective.
Mr. Hickok noted it is agreed that the property, in its current condition (silt running into street, no
protective rails by stairway, unsightliness to neighbors, noise disturbances working on cars, etc.) is
unacceptable and all identified items will need to be corrected and outlined in a detailed scope of
work. Staff recommends that due to the progress that has been observed that additional time be
given for the homeowner to work with staff and devise a scope of work and a plan for project
completion. The owner has agreed to look at funding sources, and to allow a contractor to come onto
the site to assist in determining the magnitude of work left and determine if there is a solution that
may involve bringing in a contractor as well. Staff asks that the hearing be held open until the City
Council’s July 27 Council meeting to make time for this due diligence and additional progress.
Councilmember Eggert said he knows this property well and has been aware this was an issue over
two years ago. Today it appears the condition of the site is worse, and neighbors have sent emails
and complained about this. Now staff is suggesting granting additional time, until July 27, to get a
plan in place. There was an issue in Hillcrest and that plan came together quickly once the property
was declared a public nuisance. He asked if the City should proceed with the public nuisance or
hold off until July 27.
Mr. Hickok replied the homeowner prefers Council not declare the property a public nuisance.
From the street view it looks like no work is being done and neighbors say it has gotten worse. It is
FRIDLEY CITY COUNCL MEETING OF JUNE 22, 2020 PAGE 5
not up to the City to design a solution but make sure things do not get into the street and suggest the
homeowner put barriers in place to screen the area.
Councilmember Eggert asked when progress will be seen. He said right now there are car repairs
happening in the driveway and silt in the street. This is an environmental problem and has been for
at least a year.
Mr. Hickok replied staff is now involved and have developed a good relationship with Mr.
Westbrook. Staff is suggesting taking this positive momentum and putting it put into solutions. Mr.
Westbrook does not want this mess to continue. Hopefully, we are month away from a solution to
this problem. The retaining wall that is over 48” requires engineering and he will need permits.
Mayor Lund said the goal is to have a satisfactory settlement. We do not want to label a house a
public nuisance nor use taxpayer’s money on that home. A resolution is needed for the City, Mr.
Westbrook, and the neighborhood. The current state of this home devalues homes in the area. Mr.
Westbrook needs to abide by the City Code and ordinances and finish the project the right way.
Mr. Hickok noted that the building official and contractor are looking at the site and there is
cooperative design in the works.
Mayor Lund recently looked at the property and there was a car jacked up with no tires and vehicles
not licensed in the driveway and street. This is an issue. Mr. Westbrook needs to get these vehicles
that are non-operable stored out of site. There is also a utility trailer parked on street that has been
there for days which is illegal. These violations need to be taken care of if the extension is granted
tonight.
Councilmember Bolkcom drove by the property yesterday and thinks it looks worse. If she lived
near this property, she would be unhappy. She asked that the vehicles in the area be removed before
th
the July 27 and would like to see progress prior to the 27. The homeowner bought this property
with the tuck under garage which is no reason to not be in compliance. This is a nice neighborhood.
This is not helping the home values. She is ok allowing the extension to July 27, but is not looking
to approve any additional extensions. The plan submitted on July 27 needs to be laid out with
reasonable completion dates.
Mr. Hickok noted that the cars have reduced in numbers and are parked in the driveway.
Councilmember Bolkcom replied it is not legal to work on cars in your driveway. Heavy car repair
should be done in the garage. Code enforcement addresses these types of issues.
Councilmember Eggert said staff tries hard to work with residents on issues and come up with
win/win solutions. This project has been granted a lot of grace period, and he apologized to residents
in this neighborhood. This should have had a resolution long ago. He will be watching this project
very closely.
FRIDLEY CITY COUNCL MEETING OF JUNE 22, 2020 PAGE 6
Councilmember Ostwald said he has been watching this happen over several years and has not
seen a lot of improvement. He said we need to make sure this work is done, and the property is in
compliance with the City.
Mr. Hickok said these issues can be complex, but the end goal is to have resolution. He said they
did not want to be unrealistic nor do they want neighbors to not like the resolution. He is sympathetic
to the neighbors who have been watching this project go on for a long time. People can do their own
projects on their property but sometimes the project can go beyond the homeowner’s skills. If
circumstances require additional consideration, staff will do their best to come to a resolution and
end up with a solution that works for everyone.
Councilmember Bolkcom noted that there are blighted properties all over the City, this is not
unique. Loans and assistance through programs are available to homeowners.
Nathan Westbrook, 5821 Hackmann Avenue, said he was approached by the City Engineer last
year and he came to the City and put in an application for a permit. He waited for months with no
response until the next season. The City told him he did not need a permit because he was
constructing a wall under 48”. He received an estimate for $48,000 for a boulder wall which is
significant. There is no silt fencing under the boulders right now. The clay binds everything
together.
Mayor Lund said he was surprised the boulders were not leaking mud all the time as the fabric
keeps everything together. As long as this meets City Code, it must be ok. He was concerned staff
did not get back to Mr. Westbrook after applying for a building permit, because they are required to
respond in a certain period of time. He will check with staff. This has been going on too long and
we need a resolution. This project needs to be done before the ground freezes. The neighbors do
have a right to complain about this.
Councilmember Bolkcom asked if he agreed with the plan Mr. Hickok presented that if this is
continued to July 27, you will work with city staff on a plan and timeline so this can happen.
Mr. Westbrook said he did agree with Mr. Hickok’s plan. He is looking at nine veteran
organizations to provide financial help. He said he appreciates Mr. Hickok’s efforts to help him
come up with a plan to get things done.
Councilmember Bolkcom asked about the items sitting in the driveway and street.
Mr. Westbrook replied that all vehicles are licensed and there is only one vehicle in street that is
legal.
Leroy Oquist, 1011 Hackmann Circle, said this property has had issues for about 4 years. Even the
prior owner built the wrong wall. This needs to get cleaned up and the homeowner has a
responsibility to the neighborhood and the City. Currently instead of working on the wall he has a
car on a hoist in the driveway. He is surprised not more people are here that live on Hackmann
Avenue, this needs to be brought to a resolution.
FRIDLEY CITY COUNCL MEETING OF JUNE 22, 2020 PAGE 7
Mayor Lund asked if staff had any response to the permit he applied for a year ago.
Mr. Hickok said he was not aware of that and will research that question and get back to Council.
MOTION by Councilmember Eggert to continue the Public Hearing Declaring a Hazardous
Building at 5821 Hackmann Avenue (Ward 2); and the Resolution Ordering the Removal or Repair
of a public nuisance/hazardous building pursuant to Minnesota Statutes, Section 463, located within
the City of Fridley, Minnesota, to Monday, July 27, 2020. Seconded by Councilmember Tillberry.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED AND THE PUBLIC HEARING CONTINUED TO MONDAY, JULY 27, 2020.
5. Adopt Resolution No. 2020-32 Authorizing Participation of the City of Fridley in the
Minnesota Local Performance Measurement Program
Dan Tienter, Finance Director, stated in 2019, staff assigned the City’s Process Management Team
(PMT) with the goal of improving the use of data in the City consistent with the guidance provided
in Focus on Fridley. The process improvement typically includes identifying, analyzing, and
improving existing organizational practices and procedures. Performance measurement typically
includes the collecting, analyzing and reporting of quantitative data related to specific programs and
services. Both rely heavily upon data and allow for an organization to better monitor programs and
services, understand issues, errors, and delays, diagnose the root cause of a problem, access if
improvement occurs, and deploy organization resources.
Mr. Tienter noted the PMT includes members from each City department. As part of the formation
process, PMT members received training in areas such as continuous improvement, performance
measurement, problem solving and process improvement. The PMT facilitates the process
improvement and performance measurement process throughout the organization.
Mr. Tienter said that the Performance Measurement Subcommittee used guidance from the MN
Local Performance Measurement Program to develop an initial set of indicators for the City. The
program provides 29 recommended performance measures for municipalities for submission to the
Office of the State Auditor. Pursuant to Minnesota Statute 6.91, if a municipality adopts at least 10
of the performance measures, it receives $0.14 per capita annually for each reporting year and an
exemption from property tax levy limits if they are in effect. For the initial report, data was collected
for 17 performance measures.
Mr. Tienter said assuming approval of the 2019 Performance Measures report, staff will submit the
report to the State Auditor by July 1, 2020, and publish the report on the City’s website as required
by December 31, 2020. For the next report, staff plans to increase the number of performance
measures based on City needs, develop a series of goals, targets and benchmarks for existing and
future performance measures, continue to increase the use of data and performance measures as part
of the decision-making process and continue efforts to train and develop staff in both process
improvement and performance measurement. Staff recommends Council adopt Resolution No.
2020-32 to authorize staff to report the results of the 2019 Performance Measures Report to the
public by December 31.2020, and submit the 2019 Performance Measures Report to the Office of
FRIDLEY CITY COUNCL MEETING OF JUNE 22, 2020 PAGE 8
the State Auditor for participation in the MN Local Performance Measurement Program. Staff will
also file a copy with the City Clerk’s office for public inspection.
Councilmember Bolkcom commended the committee on this report.
Councilmember Tillberry asked how Fridley compared to other cities.
Mr. Tienter replied approximately 20 to 30 cities participate in the State Auditor’s program. The
report prepared and submitted to Council is more comprehensive and includes more information
than other cities, who submit just the summary page.
MOTION by Councilmember Bolkcom to adopt Resolution No. 2020-32. Seconded by
Councilmember Tillberry.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
5. Informal Status Reports.
Councilmember Bolkcom thanked those who attended the fundraiser for the Banfill Center for the Arts.
They are open in accordance with State rules. There will be no classes or summer art programs for children.
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 8:45 P.M.
Respectfully submitted,
Krista Peterson Scott J. Lund
Recording Secretary Mayor