RES 2009-18 - 14598RESOLUTION NO. 2009 -18
RESOLUTION AND FINDINGS OF FACT DENYING USE OF PARK LAND FOR
PRIVATE PURPOSE BY THE OWNERS OF THE PROPERTY AT 1634 GARDENA
AVENUE, WAYNE AND KELLIE LIEPKE.
WHEREAS, the Appeals Commission of the City of Fridley has been enabled through City
Ordinance to act on the City's behalf as hearing examiner; and
WHEREAS, in accordance with Chapter 128 of the City Code of Ordinances, a letter was sent on
July 16, 2008, to Wayne and Kellie Liepke notifying them of their nuisance to be abated by the
City of Fridley; and
WHEREAS, in response to the City's abatement letter the Liepkes requested a hearing before a
hearing examiner; and
WHEREAS, the Appeals Commission, as a qualified hearing examiner, held that public hearing
on September 10, 2008, and supported staff s position that the private use of public property in
the manner documented is a public nuisance and as such subject to abatement; and
WHEREAS, the Appeals Commission concluded upon all testimony provided that the use of
City park land for private purpose is a public nuisance and all hardscape features (clock,
retaining devices, etc.) were to be removed and all gardening within park boundaries was to
cease.
WHEREAS, in response to the Appeals Commission's findings of fact and conclusion, Wayne
and Kellie Liepke requested a hearing before the City Council; and
WHEREAS, the City Council then held that public hearing on December 8, 2008, and;
WHEREAS, the City Council heard all evidence and made two motions once the evidence had
been presented. The first motion was to close the public hearing. The second required staff to
bring back a findings of fact containing the terms of the abatement to review and take action at
the City Council meeting on March 23, 2009.
WHEREAS, the findings of fact have been prepared and include the following:
1. The land is public as park and not part of the Liepkes property; and
2. The City is being generous in not making the Liepkes remove all the plants; and
3. The Liepkes or their predecessors have enjoyed the use of the property for 31 years,
without the requirement of paying taxes on the property; and
4. There is no argument on the part of the owner that the City should make this part of
the park; and
5. The Appeals Commission stated, "this is like planting something in your neighbor's
yard "; and
6. The Appeals Commission believed that all the owner would need to do is let the grass
grow and leave the wild flowers alone; and
Resolution No. 2009 -18 Page 2
7. The City is constitutionally protected; and
8. The Appeals Commission, after considering all evidence and listing their individual
statements as findings of fact, stated the land use by Wayne and Kellie Liepke is an
abatable nuisance; and
9. The Liepkes have 45 days, which is May 7, 2009, to remove any and all plants that
they want to keep out of the park; otherwise, any and all other plants are subject to
abatement.
NOW, THEREFORE, BE IT RESOLVED that based on the reasons listed in the Findings of
Fact, the City Council concurs with the Appeals Commission and defines the use of park land for
private yard and garden is a public nuisance and is abatable. Therefore, upon adoption of this
resolution, Council directs staff to proceed with the abatement, recognizing all costs plus 25%
administrative fees will be required to be paid, or will be assessed to Wayne and Kellie Liepke,
at 1634 Gardena Avenue.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
23rd DAY OF MARCH 2009.
SCOTT T. LUND - MAYOR
ATTEST:
&&an--e
DEBRA A. SKOG - CITY CLERK