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08/14/1978 - 000140801 � ' THE MINUTES OF THE PUBLIC HEARING MEETING OF THE FRIDLEY CITY COUNCIL OF AUGUST 14, 1978 The Public Hearing Meeting of the Fridley City Council was called to order at 7:54 p.m. by Mayor Nee. PLEDGE OF ALLEGIANCE: Mayor Nee led the Council and audience in the Pledge of Allegiance to the Fla9. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Co�ancilman Barnette, Councilman Schneider, Councilman Hamernik and Councilman Fitzpatrick MEMBERS ABSENT: None ADOPTION OF AGENDA: Mayor Nee requested an item be added to consider a resolution in support of the City of Richfield tn their lawsuit regarding the constitutionality of cumpulsory arbitration provisions of the Employees Labor Relations Act of Minnesota. MOTION by Councilman Hamernik to adopt the agenda as amended. Seconded by Councilman Schneider, Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. PUBLIC HEARINGS: PUBLIC HEARING �N NUISANCE ABATEMENT; HAYES JUNK YARD• MOTION by Councilman Hamernik to open the Public Hearing. Seconded by Councilman Schneider. Upon a voice vote, all votin9 aye, Mayor Nee declared the motion carried unanimously and the Public Hearing opened at 7:56 p.m. Mr. Sobiech, Public Works Director, stated the propert�es involved are generally located between 79th and 83rd Avenues from Hickory Straet ,7ust east of the Burlin9ton Northern railroad tracks. Mr. Sobiech, stated that on June 20, 1978 correspondence was directed to the property owners involved which indicated they were in violation of the Zoning Code regarding junk, debris and refuse and were g�ven to July 24, 1978 to abate the nuisance and clean up the propert�es. He stated, as a result of this June 20 letter, three property owners have cleaned up their properties. The properties that have been cleaned and are now in compliance are Lots 14 and 15, Block 12; Lots 22, 23, 26 and 27 of Block 4, and Lots 16 and 17 of Block 12. P4r. Sobiech stated, on �uly 27, 1978, correspondence was directed to all the remaining property owners indicating that a public hearing had been set regarding the abatement of the nuisance. He stated that correspondence was received from Mr. Wyman Smith, Attorney representing Mr. Carl Sorensen, who thought perhaps the City should be the ones to clean up the l�tter and had concern about whose lots would be charged for any abatement of nuisance. Correspondence was also received from Mr. Ke�th Larson, Vernon Eide and Timothy Etde, property owners of Lots 9 through 22, Block 13, �ndicating they would like to see the City clean up the property and suggested what they felt an appropriate prtce might be to abate the nuisance. Mr. Sobiech stated the other correspondence was received from Eldore Olson, who owns Lot 30, Block 5, wh�ch indicated she would like to see the City abate the nuisance and to keep in mind a fair and �ust treatment of her property. Mr. Sobiech stated the City did solic�t bids from two contractors regarding � = r� p rl ,l 'J PUBLIC HEARING MEETING OF AUGUST 14, 1478 PAGE 2 costs for abatement of the nuisance. Gallagher's Service, Inc. stated the cost would be $8,700 plus an add�tional $200 for removal of the dwelling. Park Construct�on stated the cost would be $20,000. Mr. Sobiech stated, after dTSCUSSion with the bidders, it was the City's opinion that the price differential was the result of the procedures used. He pointed out that Gallagher's has their own dumping site and dumpsters and Park Construction would have to rely on other equipment. Mr. Sobiech stated staff would recommend that Gallagher's be contracted to remove the debris from the site. Mr Sobiech stated, in preparing costs to the indtvidual property owners, a determination was made regarding the amount of debris and extent of nuTSance on each lot. Based on the ratio of henefit, the lots were color coded regarding the amount of debris on the property and the cost for removal to abate the nuisance. Mr, Sobiech stated the lots shown 7n "red" would be charged $741.67 per lot; the ones shown in "orange" would be $463.54 per lot; the ones shown in "yellow" would be $115.19 per lot; the ones in "blue" would 6e $55.91 per lot and the ones shown as "green" are the ones that have already been cleaned up. Mn. Sobiech stated th7s resulted in tabulation of the costs for specific property owners who own lots 7n the area. He pointed out the minimum a property owner would pay is $55.91 and the maximum is $5,801.71. MOTION by Councilman Barnette to receive the correspondence from Mr. Wyman Smith, representing Mr. Carl Sorensen; the correspondence from Keith Larson and Vernon and Timothy Eide; and the correspondence from Eldore Olson. Seconded by Councilman Schneider. Uoon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Wyman Smith stated he is not sure the City has a nuisance. He ex- plained this is heavy industrial property and the zoning would allow people, with certain barriers, to have �unk on the property. He stated that John Hayes lived there among this ,7unk and used all these lots. Mr. Smith stated, as he understands the nuisance ordinance, it has to effect the public health and he is not sure a car body on the lots is a health hazard. He stated Park Construction wants to purchase these lots and if the City doesn't do anything, th�s situation will work itself out. He stated, aesthetically it is bad, but questions if there is a health menace. He felt someone would probably pay for the scrap metal and there would be money to be made instead of spending it. Councilman Barnette stated he thought the original complaint came from residents across the tracks on odors and rodents. Mr. Glen Syverson, Route l, Box 104N, Big Lake, Minnesota, stated he had contacted the Hayes people about five years ago and asked them to please have the �unk removed from his property. He stated they said they would if they had a chance to do it. He felt the Hayes people were responsible for cleaning up the property. He stated his attorney stated he could legally take all the �unk and put it back on the Hayes property. Councilman Barnette stated he agrees with Mr. Syverson, but that would require a civil su�t between him and the Hayes estate. Mr. Sobiech asked Mr. Syverson if he was in favor of getting the property cleaned up. Mro Syverson stated he is interested in having the property cleaned up, but didn't feel the property owners should have to bear the cost to clean up the stuff that has been put there by the Hayes people, as he believed ,7ust a6out all of it was theirs. Mayor Nee pointed out the proposal to clean up Mr. Syverson's property would cost about $2,400 and asked how he felt about this. I li � � � � � �� � PUBLIC HEARING MEETING OF AUGUST 14, 1978 PAGE 3 Mr. Syverson felt he didn't really want to pay for it and pointed out, if he was assessed th�s amount, it would have to be paid off before he could sell his property Mayor Nee asked if he felt his property was a hazard to children. Mr. Syverson stated, if they are running around barefoot, there is glass and nails around. Mr. Wyman Smith stated he questioned whether the court would agree there �s any health problem from tires on his lots, as he didn't feel it was a health problem. Mr. Walter, 3508 32nd Avenue N.E., P4inneapolis, questioned why the City let the Hayes people put all the stuff on the lots He stated, several years ago, the City told htm which was his lot and he and his wife have cleaned it up and he now was told he cleaned the wrong lot. Mr. Sobiech stated Mr Zgutowicz owns Lot 23 of Block 12 and the cost to clean up his lot would be $463.54. Councilman 6arnette po�nted out the City doesn't have people out at the lots to see who dumped the debris. Mr. Zgutowicz stated the stuff belongs to the Hayes people. Councilman Barnette stated, as he understands, this then 6ecomes a civil suit between the property owners and the Hayes estate. Mr. Syverson questioned, if the lots are cleaned up, what is to guarantee that stuff wouldn't again get dumped on the lots. Mr. Sobiech stated the problem they have now �s that the site attracts people to dump. He stated, when it is cleaned up, "no dumping" signs would be posted. Mr. Wyman Sm�th stated he felt Hayes had 6een operating illegally all these years as he never had a permit. He stated the police were afraid to go on the property because of the dogs and guns he had. He stated now the City wants to come along and put a$2,400 charge on innocent people to accompl7sh something he doesn't think the City needs to do. Mr. Doug Klint, actin9 City Attorney, stated, 6y ord�nance, the Counc�l does have the right of declaring it a nuisance and abating the nuisance and to recover the cost by civil act�on or by assessment. He stated the City has the option of going either way. Mr. Warren Johnson, representing Northern States Power, stated NSP has five lots and they want to be good neighbors and do what is right for the area. He stated he sympathizes wtth the property owners and if there was any way this could 6e put back on the Hayes estate, he would like to see this done. He stated, if this wasn't possible, NSP would be willing to go along with the proposal of the City for cleaning up the lots at the cost of $656.b7. Councilman Barnette questioned if anyone had seen the Hayes people put de6ris on their propert�es Mr. Wyman Smith indicated he had. � Mayor Nee asked Mr. Syverson if he felt the tires and wheels were saleable to the ,7unk yard. Mr. Syverson felt this was a possibility as the tires do have rims on them. Mr Syverson stated he moved a lot of the mater�al back over to the Hayes lots and r�ght now there isn't enough stuff on his property to �ustify a cost of $2,4D0 for removal of the debris. Mr. Sobiech pointed out the reason why Mr. Syverson's cost is quite high is because of the fact that he does own quite a number of lots in the area, and also stated his property is immediately ad,7acent to the Hayes property � 1 n� J�� `' PUBLIC HEARING MEETING OF AUGUST 14, 1978 PAGE 4 Mayor Nee stated, it seems from the standpoint of liability, it is a hazard as it now stands. Mr. Syverson any way for sponsible. stated he doesn't hold the people of Fr�dley respons�ble in the condit�on of the land, but holds the Hayes people re- Councilman Barnette pointed out the complaints he had were on the rodents. He stated this s�tuation gets to be a health hazard. Mr. Wyman Sm7th asked if p�ctures were available of h�s two lots, that is, Lots 22 and 23, Block 5. He was then shown photographs of these lots. He felt there wasn't any health hazard at all, although there were weeds on the property. ��1r. Sm�th stated he wouldn't spend $300 to do anything on these lots and felt there might be $10 worth of work and no health menace. f�1r. Sm�th felt private enterpr�se would work these things out, if the lots are put together and sold as one package for industrial use. Councilman F�tzpatrick stated he has also received compla�nts, from persons living across the tracks from this property, and felt it should be cleaned up. He stated, the question in his mind is who should pay for it. He felt there was a health hazard and the C�ty has received complaints. He stated, in his sense of ,7udgement, he feit the cost should be assessed against the property that caused it. MOTION by Councilman Fitzpatrick to rece�ve the bids from Gallagher's Service, Inc. and Park Construction. Seconded by Counc�lman Hamernik. Upon a voice vote, all voting aye, Mayor IVee declared the motion carried unan�mously. MOTION by Councilman Hamernik to receive the estimates regard�ng the potent�al assessment distributions for the various lots. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor idee de- clared the motion carried unan�mously. No other persons in the audience spoke regarding this item of business. MOTION by Councilman Hamernik to close the Pu61ic Hearing. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee de- clared the motion carried unanimously and the Public Hearing closed at 8 45 p.m NEW BUSINESS: CONSIDERATIOIV OF NUISANCE ABATEh1ENT, HAYES �WVK YARD: Councilman Hamernik stated now that the property owners know the position of the C�ty, he quest�oned if they had any plans of their own to take action for cleaning up the property. Mr. Syverson stated he has been out to h�s property the last several weekends trying to clean up and now there are tires aga�n spread around his property. He felt if they could get the Hayes part taken care of, he could take care of h�s property. Mr. So6iech asked if they could proceed witn the abatement on all areas where there �s an ind�cation that the property owners want the City to proceed, together with the Hayes property and, in the interim, let the other property owners abate their nuisances �f, in fact, there �s some- thing on the property they could sell, this would then give them a chance to do so. Counc�lman Barnette felt, by cleaning up the Hayes property, it would satisfy most of the surround�ng property owners. ' , 1 , � I I PUBLIC HEARING MEETING OF AUGUST 14, 1978 PAGE 5 Councilman Fitzpatrick felt, if the ma�or pile of debris on the Hayes property was taken away, the other property owners could clean up their lots and have them stay that way. Councilman Barnette asked the property owners if this seemed like a reason- able answer to the problem. Mr. Syverson felt he would like a little more time given than was in the original letter. Mr. Sobiech asked Mr. Johnson, who was representing NSP, if they wished the City to proceed. Mr. Johnson stated they would be in favor of this if the cost didn't exceed $656.67. Councilman Hamernik questioned if the structure on the Hayes property would be removed. Mr. Sobiech stated �t would and the foundation portion would be filled. Mr. Doug Klint, acting City Attorney, stated if the City were to encourage a �unk dealer to go on private property, he felt the City would be protected, �f they first declared the property a nuisance as this would be part of the abatement procedure. MOTIOiV by Councilman Hamernik to request staff to draw up a resolution and bring it back at the next Counc�l meeting to include the cleam n9 up of the Hayes property along with the other properties whose owners desire to have the City clean their property Seconded by Councilman Schneider. Mr. Sobiech asked 7f �t would be best to declare all the properties a nuisance and then allow the property owners who wished to abate the nuisance themselves do so. Mr. Doug Klint felt �t should be done in this manner and stated he would work with staff on the resolution. UPON A VOICE VOTE TAKEN ON THE MOTION, all voted aye, and Mayor Nee de- clared the motion carried unan�mously. Mr. Sobiech, Public Works Director, stated this is an item that was previously before the Council in May of this year where the Council approved a plat and together with that approval, there was rezonin9 of the southern portion of property. He stated, what remained, was a large M-2 industr�al lot. However, since that approval, the Planning Commission heard a request for a lot split for Lot 3 on this same plat. Together with the lot split, there was also a petition to rezone Lot 3 to M-l. Mr. Sobiech stated, the Planning Commission, at their �uly 12 meeting, indicated approval of the lot split with appropriate easements and stipulations. He stated staff determined that the plat had not been recorded, as of this date, and felt the lot split could be included �n the plat. He stated, therefore, reapproval is requested on f�nal plat; preliminary subdivision P.S. #78-04, Easi Ranch Estates 3rd Addition, to include this lot split. He stated the rezoning request would come before the Council in September and if denied, the developer would have to bu�ld under the M-2 zoning. Mr. Sobiech stated one of the stipulations of the Planning Commission at the rezonin9 hear�ng was the developer work w�th the C�ty to insure proper drainage. He stated they have been in contact with the property ., � PUBLIC HEARING MEETING DF AUGUST 14, 1978 PAGE 6 owner and will use holding or retention ponds and they have the drainage easements on the plat. Mr Benson was present representing the developer and he stated Mr. Paschke wanted to develop Lot 3 into two parcels. He explained there would be one build�ng on the lot and, therefore, they would be utilizing two lots for one bu�lding. He stated it was originally intended to have two bu�ldings, with a common lot l�ne, however, there will now only be one 20,000 square foot building on the two lots. MOTION by Councilman Hamernik to reapprove the final plat, P.S. �78-04, East Ranch Estates 3rd Add�tion with the revision that Lot 3 be split into two lots, one 1.1 acre lot and one 1.5 acre lot, with the stipulations regard�ng the draina9e easement which is to be included in the final plat. Seconded by Councilman Barnette, Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimous7y. ON N0. 72-1978 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR nnoonvrMCniT oonirrr cT in�G_n. MOTION by Councilman Fitzpatrick to adopt Resolution No. 72-1978. Seconded by Councilman Hamernik. Upon a vo�ce vote, all votin9 aye, Mayor Nee declared the mot�on carried unam mously. MOTION by Councilman Hamernik to adopt Resolution No. 73-1978. Seconded by Counc�lman Schne�der. Upon a vo�ce vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. ON N0. 74-197H DIRECTING PREPARATION OF ASSESSMENT ROLL FOR MOTION by Councilman F�tzpatr�ck to adopt Resolution No 74-1978. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unan�mously. LUTION N0. 75-1978 DIRECTING PUBLICATION 0 r. MOTION by Councilman Schneider to adopt Resolution 75-1978. Seconded 6y Councilman Hamernik. Upon a voice vote, all voting aye, Mayor fdee declared the motion carried unanimously. RESOLUTION N0. 76-1978 DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE 197� SERVICE CONNECTIONS: MOTION by Councilman Hamernik to adopt Resolution No. 76-1478, Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. LUTION N0. 77-1978 DIRECTING PUBLICATION OF HEARING ( nn� i rnn riir in�n rrn��rrr rnnin�rrr�neir_ PROPOSE� ASSESS- MOTION by Councilman Schneider to adopt Resolution No. 77-1978. Seconded by Councilman Barnette. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. 78-1978 DES E MOTION by Councilman Hamernik to adopt Resolution No. 78-1978. Seconded by Counci7man Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. � � ,