AF-ENCROACHMENT - 45159RESOLUTION NO.
RESOLUTION FINDING USE BY WAYNE AND KELLIE LIEpKE OF LAND IN
INNSBRUCK PARK PROPERTY TO BE A PUBLIC NUISANCE.
WHEREAS, the Appeals Commission has been empowered to serve a.s� hearing officer in matters
of land use appeal, and
VVI�REAS, the City Staii determined that the Wayne and Kelly Liepke were using City
property adjacent to their properiy by placing structures and landscaping thereon, in violation of
staxe law and city ordinances; and
WI�REAS, the City informed the Liepkes that it viewed their encroachment and use of the
aforesaid property as an improper use of public property and an abateable public nuisance; and
WEiEREAS, City staff was notified through a lett�r, to the Community Development Director,
from Wayne and Kellie Liepke, at 1634 Gardena Avern�e; that they desire a hearing before a
hearing officer as allowed under Chapter 128 of the Fridley City Code to determine whether an
abateable nuisance was present, and
VVHEREAS, the Appeals Commission in its ca.pacity as hearing officer for the City, held that
hearing on September 10, 200$; and .
WI�REAS, the Appeals Commission heard both the testimony of staff and the petitioner at said
hea.ring, and
HEREAS, the Commission then convened to consider the facts presented at the hearing, and
makes the following Findings of Fact:
1. There is no dispute that the land in question belongs to the City.
2. It is undisputed that the Liepkes have cut grass, la,ndscaped a.nd planted cultivated
species of garden plants and trees on the property in question as if it were their own
private property.
3. It is undisputed that there were certain structures on the property put there by the
Liepkes that ha.ve been removed.
4. � It is undisputed that at lea.st some structures and numerous plants remain.
5. The Liepkes wish to continue to cut grass and cultivate plants but agree that no
structures should remain on the property.
6. The City, while not removing the plantings at this time, nonetheless wishes no further
a�rmative actions by the Liepkes on the property to in any way affect the growth of
the plantlife thereon.
7. The Commission finds that the continued active use of the land by the Liepkes is
encroaching on the public land and, therefore, is a nuisance.
NOW, TI�REFORE, BE IT RESOLVED, that based on the forgoing Findings of Fact, the
Appeals Commission hereby upholds the determination of the City of Fridley that the foregoing
admitted encroachment and use by the Liepkes of City Property is an abateable nuisance.
t: � s
PASSED AND ADppTED BY THE APPEALS CONIlVIISSION OF THE CITY OF
FRIDLEY TffiS 10�` DAY OF SEPTEMBER 2008. �
BRAD SIELAFF - C
�/Ca �D �
PASSED BY A 4— 0 VOTE
0
� FRIDLEY CITY COUNCIL MEETING OF MARCIi 23. 2009 PAGE 3
7. Estimates.
APPROVED THE FOLLOWING ESTIMATE:
Classic Protective Coatings
N7670 Sta.te Highway 25
Menomonie, WI 54751
Water Tower #2 Rehabilitation Pro' ct #378
Estimate No. 3 ......................... ........................................................$ 37,113.50
MOTION by Councilmember Barne to approve the Consent Agenda. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE,
MOTION CARRIED UNAJ
I� IZ�7
MOTION by
Saeflce.
VOTING AYE, MAYOR LUND DECLARED THE
�SLY.
Bolkcom to adopt the agen�da:. Seconded by Councilmember
UPON A OICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION ARRIED UNAI�TIMOUSLY.
OPEN ORUM SITORS : No one in the audience spoke.
O BUSINESS:
8. ResoluNon 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 (Ward 2).
Scott Hickok, Community Development Director, said this item was presented before the
Appeals Commission in September of 2008. This item relates to property at 1634 Gardena
Avenue and is directly related to using park land for private purposes. The Parks and Recreation
Department surveyed the property in this area and discovered there were a number of properties
that ha.d encroachments on to park property. All encroachments have been taken care of with the
exception of this property. The r�solution matches the Appeals Commission findings of facts.
This is a public nuisance, using public property for private purposes. The abatement process has
an additiona125% administrative costs associated with the process. Staff would like to declare
this as a public nuisance and authorize an abatement to correct the problem. Staff recommends
Council's approval.
Councilmember Varichak asked if there has been any contact with Mr. Liepke besides
Februazy 23 when Mr. Liepke had conta.ct with staff.
w
FRIDLEY CITY COUNCIL MEETING OF MARCH 23, 2009 PAGE 4'
Mr. Hickok said before Christmas, Mr. Liepke called and indicated that he would like to wait
until after the holiday season to go forward with the planning process. He also contacted Mr.
Kirk to discuss some other things. Mr. Liepke said he was waiting for his partner to arrive home,
but to date a plan has not been submitted.
Councilmember Varichak asked what kind of abatement would take place and how much it
would cost.
Mr. Hickok said the Parks and Recreation Department did not get an opporhmity to express
what they would like to see in that area. Mr. Liepke was talking about putting in na.tive grasses
but stafF did not have an opportunity to evaluate alternatives in that area. If the perennials aze
removed, the area would almost be in a natural state. As faz as cost goes, it could take about 12
hours at $35 per hour plus the 25% adminisirative fee which would be about $625.
Councilmember Bolkcom said she was incredibly surprised that nothing has happened since
December 8. The City is trying to compromise with Mr. Liepke and nothing happened. She
asked how much time would be given to Mr. Liepke to do the work on his own if the resolution
were passed toxught.
Mr. Hickok said Mr. Liepke would have 45 days and right now is a good time to transplant
perennials. Anything beyond 45 days would be abatable and the City would take care of the area
and 'charge the costs back Mr. Liepke.
Councilmember Bolkcom asked wha.t would be done with the area after tlie perennials were
removed.
Mr. Hickok said staff does not want holes left in the azea. Plants would need to be taken out and
fill would have to be put back in.
Jack Kirk, Pazks and Recreation Director, said he did not anticipate planting any new plants but
agreed that the holes would need to be filled. The intention is to let the area go natural.
Mayor Lund said if the resolution was approved, it would not give Mr. Liepke the okay to go in
and remove any plants and add native grass.
Mr. Hickok said if Council wanted to give the owner 45 days to take caze of things, that would
be okay with staff. The abatement was to occur before September of last yeaz and by virtue of
appeal, extra time was given.
Mr. Kirk said last September he was okay with the homeowner taking plantings out of the azea
and he still feels the same way. If Mr. Liepke chose to abandon the plantings, that would be his
choice.
Mayor Lund said maybe an additional item sh�uld be added stating that if Mr. Liepke would
like to remove the plant, he would have 45 days to remove plants and vegetation. However, in
no case can anything be dug out or removed without approval of City staff. If the plantings aze
FRLDLEY CITY COUNCIL MEETING OF MARCH 23, 2009 PAGE 5
not removed, the pla.ntings become City property and may be removed and planted in other areas
of the City.
Councilmember Bolkcom recalled that in the normal abatement process, the property owner has
time to take caze of the property.
Mr. Hickok said time has been given but final action is waiting on Council's decision. When
Council makes a final decision, the Liepkes will be granted time.
Fritz Knaak, City Attomey, said technically the Liepkes do not have to do anykhing until the
resolution is passed. When the abatement occurs, the person whose property is being abated will
offer a proposal because removing the plants is an expense to the City and the cost of the
abatement is the property owners' responsibility. The cost is associated with removal of flowers
and there would be costs charged back to the property owner. The way to avoid the abatement
chazges is to remove the plants themselves. Technically the plants belong to the City because
they are on city property. If the Liepkes remove the plants themselves, the City does not have to
spend sta.ff time and the cost will not be accessed to them. The City has been very fle�ble and
offered the Liepkes the opporhmiity to remove the plants without penalty. The amount of the
abatement depends on the amount of plants tha.t need to be removed. It would be" best if
something can be worked out with the Liepkes.
Councilmember Barnette said if the Liepkes decide to leave the plants and the City decides to
remove the plants at a later date, would there still be a charge to Mr. Liepke to remove the plants.
Councilmember Bolkcom asked why the City would wait to remove the plants. If the
abatement process goes through, the City should take care of the plants now.
Attorney Knaak said technically the plants are on the pa.rk property and requiring their removal
and is abatable. The abatement cost would be assessable to the Liepkes. The City has
alternatively offered the owner the option to remove the plants themselves.
Councilmember Bolkcom thought this should be treated like anything else. The Liepkes should
be given 45 days to remove the plants and if the plants aze not removed, they will be chazged for
removal of the plants.
Councilmember Saefke said another problem was that Mr. Liepke was cutting the grass as a
private yard. A lazge part of the abatement is to quit maintaining the property. Leaving the
plants was an option. The plantings do have value, so whether the plants are sprayed with
Roundup or aze transplanted, it would be a pazk decision.
Councilmember Barnette said if Mr. Liepke does not do anything to the property and a year
later the City decides to remove the plants, would the City then charge the property owner?
Mayor Lund said it is the City's decision and the City would have the right to charge the owner.
Councilmember Bolkcom said in a11 fairness, this should have been taken care of in September.
FRIDLEY CITY COUNCIL MEETING OF NI�RCH 23. 2009 PAGE 6�
Mayor Lund said Mr. Liepke had until tonight to bring forth a plan to take out the plants and
plant some native grass.
Wayne Liepke, Properly owner, said originally, he thought the plants tt�at were currently there
would stay. He called Mr. Kirk and Mr. Kirk said the City would remove plants tha.t were left
behind. Mr. Liepke said he understood from the resolution the plants did not have to be
removed. Originally, the resolution just involved the hard scape items. There was no talk about
the abatement of the plants. Letting the plants sta.y would be somewhat of a compromise.
Mr. Liepke said he did not want to remove everythi.ng and have to replace it with something
else. That is why he did not come forward with a proposal. He said he was open to Mayor
Lund's proposal of removing everything that needs to be removed in 45 days.
Councilmember Bolkcom said she was surprised after the meeting on December 8 thax a plan
did not follow and no communication was made with Mr. Kirk. She asked if there was some
kind of misunderstanding.
Mr. Liepke said he was naive on how much time things take, but he assumed the decision was
already made by Mr. Kirk for a11 plants to be removed. At that time he said he decided that he
would not come up with a proposal as it seemed the plan ha.d already been decided.
Mayor Lund said that on February 27, Mr. Liepke was supposed to talk with his partner and
discuss a proposal. It was cleaz that a proposal would be submitted and an agreement would be
made on which plants could stay and which ones would be removed.
Mr. Liepke said that at the time of the proposal, he thought the plants could stay and he just
could not garden there anymore. That was when he proposed to plant some natural grasses to
add to the plantings.
Mayor Lund said Council will give Mr. Liepke 45 days to remove the plants and discuss with
Mr. Kirk which plants can stay and which ones have to be removed. NIr. Liepke is fully aware
tonight that if there are things that need to be done, it would be at Mr. Liepke's expense. Any
plants not native to the area will have to be removed.
Councilmember Bolkcom said that Mr. Kirk heard that a proposal would come forward. Too
bad Mr. Liepke did not contact a Council member if he understood something different. . A
compromise could have been worked out. It will be difficult at this point to figure out what
should go and what should stay.
Richard Pribyl said that he heazd from Mr. Kirk that most of the perennials are not native to the
azea and will need to be removed. The vegetation is not native to the area and it is staff's
recommendation to remove all plantings from the azea.
Councilmember Bolkcom said that is why Council asked for a plan to be worked out.
. , . �
� FRIDLEY CITY COUNCIL MEETING OF MARCH 23, 2009 PAGE 7
Mr. Hickok said it is City property and if the Pazks and Recreation Depaztrnent decides to take
out the platits, they can. Mr. Liepke relinquished his rights to the plants. None of the plants are
native to the park a.nd will not successfully blend in with the area. An alterna.tive plan was never
discussed with sta.ff and Mr. Kirk never wanted any of the plants left on the site.
Mayor Lund said Mr. Liepke said he understood that within 45 days, he will take out what he
wants and he will be charged for the removal of anythi.ng that is left.
Mr. Kirk said tha.t hosta plants could be removed and replanted where they would be more
appropriate. He said when he spoke with Mr. Liepke at the end of February, they discussed that
some of the plants could be moved to some of the City parks. He never told Mr. Liepke the
perennial gardens could sta.y there.
Councilmember Bolkcom said the City would not have to remove the plants if they were not
there in the first place. If the na.tural state is the goal and the plants aze not removed, Mr. Liepke
should be charged for the removal of the plants.
Mayor Lund said if Council approves, the charge to remove the plants will be abata.ble. Mr.
Liepke said he understands it is an abata.ble charge. Ultimately it would be best if the property
owner contact stafF and if all the plants have to go, Mr. Liepke takes care of it. If the City
removes the pla.nts the cost will be charged to Mr. Liepke.
Councilmember Barnette asked about Numbers 2 and 6.
Councilmember Bolkcom said that those are in the findings of facts.
Attorney Knaak said the resolution would be better without Items 2 and 6, but it is not
necessary.
Mayor Lund said that Mr. Liepke understands that abatement means chazges to him.
Councilmember Bolkcom asked about the 45 days and if something would need to be put in
there in writing or if that is normal procedure.
Attorney Knaak said if Council wanted to protect the owner they could say the abatement will
not be enforced for a period of 45 days. It will survive without it but there is no harm in being
clear. The langua.ge of "no abatement by the City shall be taken for 45 da.ys from the date of the
resolution" could be added.
MOTION by Councilmember Varichak to adopt Resolution No. 2009-18. Seconded by
Councilmember Saeflce. �
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF M�RCH 23, 2009 PAGE 8' �� T
MOTION by Councilmember Varichak to add No. 9 to the resolution as follows: "No
abatement by the City sha11 be taken for 45 da.ys from the date of the resolution." Seconded by
Councilmember Bollccom.
UPON VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION
CARRIED UNANIlVIOUSLY.
NEW BUSINESS:
9. Resolution A�thorizing Changes in Appropriations for the 2009 Budget for January
through Marc , 2009.
Rick Pribyl, Finan e Director, said over the past 60 days the City Manager, department
managers, and Counc'1 met to discuss budget adjushnents needed because of cutbacks in Sta.te
LGA funding for 200 . The LGA reduction amounted to $545,761 for 2009. The budget
reductions identified in e atta.ched resolution total $611,041. Staff has also identified revenue
modifications that total 67,000. The revenue modifications will not be adjusted but will result
in a positive variance to a�tual revenues at year-end.
Mr. Pribyl said the adjus ents were based on t�e following assumptions: there would be no
further LGA cuts by the Sta. of Minnesota; and these changes will allow the City to maintain
the cash balance and working capital projections made during 2008 for the .2009 budget. With
these adjustments, there will ntinue to be a budgeted $1.6 million General Fund operating
deficit that will need to be essed in the future by additional revenues. These cuts are
considered to be temporary.
Mr. Pribyl reviewed the revenue
General Fund - $107,000, adjust (
fee adjustments, including rental
positive variance to revenues at ye
ients: temporarily rededicate Parks Capital levy to the
Fund overhead charge to utility funds -$50,000, other
:ion fees -$10,000. These changes will result in a
Mr. Pribyl reviewed the following exp diture adjustments: health Insurance adjustments -
$117,832, reduction in the Wellness Progr -$14,293, Fuels and Lubes reduction -$137,842,
Dues and Subscriptions reduction -$3,854, ansportation reduction -$8,849, elimination of the
Contract Building inspector -$30,000, elimina 'on of the Citizen Survey -$25,000, reduction in
conferences and schools -$44,597, IT depre 'ation adjustment -$154,169, summer intern
elimination -$19,105, elimination of one Police quad -$24,500; elimination of the University
Avenue corridor maintenance -$25,000, a,nd reduc 'on of the Police IT Consultant -$6,000.
Mr. Pribyl said tha.t �the General Fund Adjustments are�s follows:
TOTAL REVENLTE ADJUSTMENTS:
TOTAL EXPENDITURE REDUCTIONS:
$167,000
611,041
TOTAL ADJUSTMENTS: � $778,041
AGENDA ITEM
CITY COUNCIL MEETING OF MARCH 23, 2009
Q17 OF
FRIDLEY
DATE: March 23, 2009
TO: William W. Burns, City Manager
FROM: Scott J. Hickok, Community Development Director
SUBJECT: Resolution Supporting Appeals Commission Determination of Public
Nuisance and Directing Abatement in Innsbruck Park adjacent to 1634
Gardena Avenue �
INTRODUCTION
Staff recommends approval of the attached resolution and findings of fact, which identify
the gardening in Innsbruck Park as a public nuisance and allow assessment of the costs to
the property owners, Wayne and Kellie Liepke, at 1634 Gardena Avenue Northeast.
ELEMENTS
On December 8, 2008, Council requested that a findings-of-fact resolution be prepared
for consideration on March 23, 2009. The property owners were also to work with staff to
develop an acceptable landscape plan to replace the turf and gardens that now exist. The
property owners talked to me in late 2008 and asked if they could wait until after the
holidays to work on their plan. I told them that they should work with Jack Kirk at that
time, since this is a park matter and Jack would be best suited for knoyving what the pazk
folks would like to see in this regard. Jack has provided for you a memo for your reading
file. Mr. Liepke called a month ago and said that he was waiting for his partner to get
back into town and that he would get back to Jack in "about a week." He has, to date, not
gotten back with Jack, nor presented a plan for consideration by Jack, the Parks and
Recreation Department, or the Paxks and Recreation Commission.
Backing up further, In December of 2006, Jon Haukaas contacted a number of property
owners adjacent to Innsbruck Park to notify them of park encroachments. Since that time,
the encroachments have been moved by the other owners. The property owners at 1634
Gardena have continued to garden and mow more than 10,000 square feet of Park
property.
In September, 2008, the Appeals Commission served as hearing officer as the Liepkes
chose to appeal staff's assertion that this was a nuisance and forestalling abatement.
The Appeals Commission heard the testimony of all parties involved and through their
hearing minutes, provided the elements of their finding of fact for the City Council. The
Appeals Commission concurred with staff and deemed the gardens and mowed turf a
public nuisance and concurred with the abatement process.
The Liepkes requested to be heard before the City Council.
On December 8, 2008, (two years after Jon Haukaas' letter requesting removal), Council
held its hearing and determined that they would like the findings of fact to come back for
consideration on Mazch 23, 2009. They indicated that they would like the Liepkes to
work with stafFto provide a more natural landscape alternative to that which currently
exists. They have not provided that plan, nor have they attempted to work with stafF in
that regard to date.
RECOMMENDATION
Staff recommends approval of the attached resolution and findings of fact, which identify
the gardening in Innsbruck Park as a public nuisance and allow assessment of the costs to
the property owners, Wayne and Kellie Liepke, at 1634 Gardena Avenue Northeast.
RESOLUTION 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 testimon3� provided that the use of
City park land for private purpose is a public nuisance and all hazdscape 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 fmdings 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. T'he 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 a11 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
<
� • °s
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 r.emove 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
23�d DAY OF MARCH 2O09.
SCOTT J. LUND - MAYOR
ATTEST:
DEBRA A. SKOGEN - CITY CLERK
� ' P
�
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 2
Mayor Lund §aid they should have caught it at the ' Boazd of Canvass meeting. He looked
at it and it seemed like an awfully high num,ber of o ervotes.
Ms. Skogen replied overvotes happen at ev ' election. In the past, there was an incident where
more people voted for a question than y did for one of the candidates. It is hard to say what
the voter's intent is when he/she vote
MOTION by Mayor Lund t�ecertify the Amended Sta.tement of Canvass from the General
Election of November 4, 200 . Seconded bq Councilmember Saeflce.
UPON A VOICE V , ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARR� ANIMOUSLY.
ADMMnVVISTRATlVE HEARING
Abatement Appeal of Wayne and Kellie Liepke,1634 Gardena Avenue N.E. (Ward 2).
MOTION by Councilmember Barnette to open the Administrative Hearing. Seconded by
Councilmember Saetke.
UPON A VOICE VOTE, ALL •VOTING AYE, MAYOR LUND DECLARED THE
ADNIINISTRATIVE HEARING OPENED AT 7:40 P:M.
Scott Hickok, Community Development Director, stated the abatement process started with a
letter sent to Mr. and Mrs. Liepke regarding an encroachment into the Innshruck Nature Center
Park. City Code, Section 128, describes a process whereby the City can abate nuisances for
infra:ctions in the City. In that process, 20 days aze given to correct the violation, set an
agreeable schedule with the City or request a public hearing. In this situation the Liepkes
requested a hearing, and it was set before the Appeals Commission for September 10. The
Appeals Commission deliberated based on the offered testimony. A consensus was reached
among those Commission members, and the outcome supported staffs position, which was that
the abatement should move forwazd, and they should discontinue the encroachment into
Innsbruck Nature Center. �
Mr. Hickok said the property is 80 feet wide and 135 feet deep, which represents 10,800 square
feet. The properties adjacent to the Liepkes aze deeper. Their neighbors' properties are 295 feet
except the home immediately to the west of the Liepkes which is also 135 feet deep. The
encroachment into the park and beyond their properly is 80 feet wide by 133.25 feet or 10,660
square feet which is public property being privately used by the Liepkes. A standard residential
lot is 9,000 square feet; and the amount of pazk properry that is being used is 1.2 of those single-
family lots.
Mr. Hickok stated this may be one of the most beautiful abatements we ever find ourselves in
the midst of. The Liepkes know how to landscape, and they know how to do it very, very well.
However, the issue is in a natural setting, like Innsbruck Nature Center, people would not realize
as they look at the subject property thax it is not the Liepkes' backyazd. The Nature Center is
.�
CITY COUNCIL MEETING
CITY OF FRIDLEY
DECEMBER 8, 2008
The City Council meeting for the City of Fridley was called to order by Mayor
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Saefke
Councilmember Varichak
� Councilmember Bolkcom /
OTHERS PRESENT:
William Burns, City
Fritz Knaak, City At
Scott Hickok, Comn
Richard D. Pribyl, F
James Kosluchar, Pi
Receive and Certify the Amended
November 4, 2008.
� Development Director
;e Director
Works Director
at 7:32 p.m.
of Canvass From the General Election of
Debra Skogen, City Clerk, stated th original canvass was held on November 10 and there is a
small clerical error on page 1 of canvass report. The "under" total was actually reported as
"over,". and the "over" total was ported as the "under" total. They have ma.de the corrections
and are asking Council to rece ' the canvass report.
Mayor Lund stated the tota� really did not change.
Ms. Skogen replied tha. is correct. The "under" votes aze votes where nobody voted, and the
"over" votes aze wher there aze more than one vote for that race. Under the race for Mayor,
there were two incid ts of the over vote. Therefore those two did not count against the race.
Mayor Lund
Ms. Skogen
if the over votes were pulled as an exception or as con�tested.
no, nothing at this time.
Bolkcom asked how it happened and how she found out about it.
Ms. Sko�en said a question was asked about the number of over votes. She looked at the report
and real�zed she had put them in the wrong column.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 3
meant to be a native planting area; a natural area where people can go and experience a different
kind of park with birds and other wildlife.
Mr. Hickok stated after the hearing, findings of fact will be prepared. Council's decision is final
and the petitioners sha11 act in accordance with the final decision. A question might come up
regazding a discussion they had with Jon Haukaas, our previous Public Works Director.
Mr. Ha.ukaas indicated by e-mail that "I would have said that all structures have to be removed. I
may have said we weren't going to make them tear out lawn, etc., but I wouldn't have
specifically allowed them to keep a gazden oa park property."
Jack Kirk, Pazks and Recreation Director, stated the Innsbruck Nature Ceater is a 24-acre pazk
that is owned and operated by the City of Fridley. It is a mostly undeveloped tract of land that
features some unique habitat and landscape. There are ponds, wetlands, forests, and some
significant elevation changes throughout the pazk. The park has had for many yeazs a system of
walking trails that allow pazk visitors to enjoy these na.tiu�al elements. From the early 1970's
through 1982, Innsbruck Park was actually the home to our Nature Center operations. When the
interpreta.tive buildi.ng opened at Springbrook Nature Center in 1982, our Nature Center staff
moved out to that location. QVbile Innsbruck Park saw a red.uction in the number of people who
were using the trails, neighbors and residents in the area. still continued to use that park for
walking and hiking.
Mr. Kirk stated one of the challenges of that particulaz pazk, are some elevation changes. It
makes it difficult to maintain trails. They have had some washouts, and it is has been an ongoing
problem. In 2006, our Public Works Director at the time, Jon Haukaas, suggested the City
consider an expansion and improvement of the trail system. He suggested looking into a grant
program that would allow us to put some off-road. bicycle paths in the park. He presented tha.t
idea to the Parks and Recrea.tion Commission and there was some interest, but they wanted more
information. In preparation for the grant application, Mr. Haukaas had the �City Surveyor look at
the park boundary lines so they could get an accurate rea.ding. The City discovered that there
were a number of encroachments into the park land and there were some type of encroachments
on all four corners of the pazk. There were several cases where people were using pazk land for
personal use and purposes. There were also cases of people dumping debris, yard waste, etc. into
the park land. On December 28, 2006, Mr. Haukaas sent a letter out to all the property owners
surrounding Innsbruck Park, calling attention to the fact that there was a recent survey. There
were a lot of stakes/markers still out there that people could see. He asked that all the
encroachments into the park be removed and taken care of by June 1, 2007. He did this in
cooperation with the recommenda.tion of the Parks and Recreation Commission. Some of the
property owners took care of the encroachments. Others did not. Properties were looked at
again in the summer of 2007, and there were still a number of encroachments that needed to be
taken care of.
Mr. Kirk stated the Parks and Recreation Commission discussed it again tha.t summer, and
asked him to send another letter telling people they needed. to take caze of these encroachments.
This was the second letter that went ou� The letter wa.s sent on August 14, 2007, and a new
deadline of September 15 was set. Some people did call and were taking care of things.
However, once again not everybody did. On October 11, 2007, one of the families close to the
FRIDLEY CITY COUNCII. MEETING OF DECEMBER 8, 2008 PAGE 4
pazk wanted to make sure they were taking care of all of the encroachmeats and wanted to meet
with him on the site to make sure they were doing things properly. They knew where the
property line was, and they were getting their things taken caze of. He went and met them and it
turned out they did not have any encroachments. While he was there he noticed that the properiy
at 1634 Gardena had not attended to their encroachment at Innsbruck Pazk. There was a shed, a
storage cabinet, some children's play equipment, a basketball stand and a hoop, a gazden, and an
azea planted with flowers, all on park land. The area surrounding all of these structures was
mowed grass.
Mr. Kirk said he stopped at the property to see if the property owners were home. They were
and he asked if they ha.d received a letter from him. They acl�owledged they had. He told the
owners that they needed to remove a11 of the properiy off the parkland as soon as possible since
they were about a little over a yeaz into this process. He explained the first letter had gone out
the previous December, and he ha.d sent a second one in August. He told the owner they were
going to be creating some new trails in the pazk, and a tra31 segment was actually going to be
included in the area that they were encroaching iaito. The homeowner did want to know how
close the trail was actually going to come to his properly. He�said he told the homeowner that
the trail had not been laid out so he could not give him any exact informa.tion.
Mr. Kirk sta.ted the ovvner asked him in that meeting if everything had to come out, and he told
him, the items he had in the park had to come out. He told him he needed to stop mowing in the
azea because it was a na.tural area. and needed to go back to becoming na.tural. He stated the City
intended to put up a small sign in some of the encroachment area that indicated where the pazk
boundazy was to make it easier for people to understand. The information he gave him seemed to
upset the homeowner, who indicated tha.t his family had owned the house for 40 years, and had
always mowed back into the pazk area, even before it was a natlu�al history area. He stated thax
Mr. Haukaas, who originally had talked with him, had indicated that he did not have to take his
garden out Mr. Haukaas had told him he needed to take out the structures, but as Mr. Liepke
understood lus conversation with Mr. Haukaas, he did not have to take the gazden out.
Mr. Kirk stated said he was working very closely with Mr. Haukaas on this project, and he
believed Mr. Haukaas and himself were both on the same page--that all encroachments needed to
come out of the park. The property owner was upset and stated he would probably talk with the
elected officials about this item. He did tell the homeowner that he could talk to the Parks &
Recreation Commission about i�
Mr. Kirk said the properties were inspected again this spring, and two of the properties had still
not dealt with the encroachments. Scott Hickok and he made personal visits to the properties on
July 17. That is when they were given the abatement letter. They talked with the property
owners and told them they needed to take action. The Liepkes appealed and ask for a hearing
with the Appeals Commission wluch was held on September 10. They requested a hearing
before the City Council.
Mr. Kirk stated they have dealt with a number of encroachments over the years since he has
been the Pazks and Recrea.tion Director. There have been fences, landscaping, structures, and at
one point they even dealt with a six-foot satellite dish that was cemented in the City park land.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 5
Property owners oftentimes ask if they can buy the properry from the City or just leave their
items there. He has tried to be very consistent with all of these encroachments and has said the
land belongs to all the citizens in Fridley and is not something they can give to one individual for
their personal use.
Mr. Kirk stated in this particulaz case, the City is not asking for any compensation for an
individual or family who has used public land for many, many yeazs. All they want is for them
to remove their items and that the land become available for use by all the citizens of the
community.
Coancilmember Bolkcom asked if staff had copies of the letters that were sen�
Mr. Kirk replied he does have copies of the letters.
Councilmember Bolkcom asked him to read the letters.
Mr. Kirk read the letters as follows:
1. December 28, 2006, regazding Innsbruck Pazk Boundary and Cleanup of
Encroachments. Deaz Properry Owner: The City of Fridley recently completed a
survey to verify the boundazies of our Innsbruck Park. You may have noticed stakes
and pink ribbon ntnn��g along your side or back properiy lines to mark loca.tions of
properiy items we found in this process. This letter is going out to every properiy that
borders Innsbruck Park. We aze asking each of you to remove any encroachment
onto park properly that may have inadvertently occurred over the years. We also
request you clean up and remove any dumping of debris onto park land, including
trees and brush. we ask that this work be completed by June 1, 2007. Beginning in
June of the next summer the City of Fridley will again be inspecting the boundary and
will take code enforcement actioa to clean up and remove any remaining debris. Any
City cost to clean up of dumping plus administrative costs may be chazged to the
adjacent properry owner. We prefer this all be done on a voluntary basis without the
need for punitive action. If you have any questions on this boundary, please feel free
to call me directly at 763-572-3550 if you have any questions. Sincerely, Jon
Haukaas, Director of Public Works.
2. August 14, 2007, Dear Property dwner: Last December you should have received a
letter from Public Works Director, Jon Haukaas, about the Innsbruck Pazk boundary
and clean-up of encroachments into parkland. A survey completed by City staff last
fa11 identified the pazk boundaries and found a number of azeas where private
property ha.d been extended into the pazk land or material andlor debris that had been
dumped into the park. The letter from Mr. Haukaas asked the property owners clean
up or remove any debris or material that was dumped into the pazk. A completion
da.te of June 1, 2007, was listed. We aze now well past the completion date, and a
recent inspection of the pazk boundaries showed that several of these encroa.chments
have not been taken care of. At the request of the Pazks & Recreation Commission,
the City is extending the deadline to take caze of these issues until September 15,
� �1
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 6
2007. If you have not already attended to this situa.tion, plea.se take appropriate action
as soon as possible. A final inspection will be made in mid-September to determi.ne
compliance with this request. If you have any questions and need. ad.ditional
information, plea.se feel free to contact me at 763-572-3575. Thank you for your
anticipated cooperation and support. Sincerely, Jack Kirk, Director of Parks and
Recreation. �
3. July 16, 2008, to Mr. and Mrs. Liepke. Re: Gode Violations — Need for Action at
1634 Gardena Avenue NE. Dear Praperry Owner: Fridley City Code, Cha.pter 128
(copy enclosed) has established a procedure for abatement of certain exterior public
, nuisances. This allows the City to remove from private property those items defined
as exterior public nuisances in accordance with the provisions outlined in the chapter.
A recent i.nspection of your properly at 1634 Gardena. Avenue NE revealed the
following conditions to wluch this Code section applies. � The violation,
encroachments into Innsbruck Nature Center, such as sandboxes, swing sets, storage
building, and gazdens. Code Section, tander miscellaneous violation. Action needed
to correct: You must respond in one of three ways listed below no later than August
5, 2008, or the City will take action to abate the nuisance conditions outlined in this
letter: (1) Correct the violations identified in this letter; (2) Conta.ct me at 763-572-
3590 and make arrangements to have the properly cleaned up in a.ccordance with the
schedule thaf is agreeable to the City; and (3) Apply in writing to the Community
Development Director for a hearing in front of an independent hearing examiner.
Unless you pursue Option No. 2 or No. 3 shown above, I will reinspect the property
on or shortly after August 5, 2008. If the violations remain, the City will abate this
exterior public nuisance in accordance with the enclosed ordinance provisions.
Should this occur, you will be chazged for the cost associated with the abatement
including up to 25 percent for admi.nistrative expenses incurred as outlined in this
Chapter. Please call me at 763-572-3590 if you have questions or wish to discuss this
ftuther. Thanks for your coopera.don. Sincerely, Scott Hickok, Community
Development Director.
Councilmember Bolkcom stated she believed the first letter could lead someone to believe they
had to remove rubbish. It is pretty cleaz in the third letter dated August 5 from Mr. Hickok that it
also included the gazdens. She asked Mr: Hickok whether he received anything from the
property owner on or before August 5 related to either No. 2 or No. 3 as outlined in his letter.
Mr. Hickok stated they did respond and requested a hearing.
Councilmember Bolkcom asked Mr. Kirk about the other encroachments he mentioned in his
testimony. He was not just talking about this properly, but about other parks in the community.
Mr. Kirk replied, that is correct.
Councilmember'Bolkcom said they were not treating this case any different, and he was ta.lking
about other parks when he mentioned the satellite dish.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 7
Mr. Kirk replied he was referring to other pazks.
Councilmember Bolkcom said the encroachments on this park are not�trea.ted any different than
encroachments on other parks.
Mr. Kirk replied, no, they are not being treated any differently.
Councilmember Bolkcom asked how the City found out about encroachment�.
Mr. Kirk replied it can be similaz to this case where they aze looking at property lines. Most of
our pazks aze groomed pazks where they mow the lawn and the encroachments are much more
visible. When you have a nature azea like this, it can go oa for yeazs because, unless the trail
actually goes right up to this properly line, the only way to get to this encroachment would be to
go through an individual's yazd. They have had fences all of a sudden appeaz that are five feet
from a ba111ine at a ball field that were not there two weeks before.
Councilmember Bolkcom asked Mr. Hickok to point out on the photographs where the properiy
li.ne was. She said she went to the properry owners' house %r an open house and thought it was
all his property. � �
Mr. Iiickok pointed out where the park properly begins. He stated it is manicured and there aze
some nice planting beds and it appeazs like somebody's backyazd.
Coancilmember Bolkcom said so all three of the gazdens are part of the Nature Center's
property.
Mr. Hickok replied they aze. It is a beautiful backyazd with very nice gardens. They had timber
edging along their planting beds which they have now removed They were to sto� mowing this
summer, also. They ha.d chosen to leave their plants in place but to stop mowing so it would go
back to the na.tive appearance. When the City was out most recently, the mowing had not ceased.
Councilmember Bolkcom asked if all the plantings should disappear or if they should let the
grass grow around them or if it could be one or the other.
Mr. Hickok replied, it could be one or the other.
Councilmember Barnette asked regazding the properiy to the west, the 285-foot deep properiy,
are the owners maintaining their properiy all the way to the properiy line.
Mr. Iiickok replied some folks have transitioned their properties as they get closer to the park.
As you get a little bit further over they mow deeper on the lot. It is typical that those lots, that
have the land to do it, aze taking advantage of that full backyazd.
Councilmember Barnette sta.ted you have a situa.tion of 6 lots tha.t aze 285 feet deep. Let us
make the assumption they aze maintaining a11 those lots. There aze 2 properties where you aze
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 _ PAGE 8
almost creating a peninsula of park property. He can understand the Liepkes saying let's make it
nice and straight, and he can understand their frustration, and he respects the City's position.
Councilmember Saefke asked if the park lots behind the Liepkes' lot and the people to the west,
were tax forfeit properties.
Mr. Hickok replied, yes.
Councilmember Saefke stated it is his understanding that with respect to tax forfeit property,
even if the City decided to sell the land, they could not.
Mr. Hickok replied that is correct.
Councilmem6er Saeflce sta.ted that limits any discussion on that end. He asked. when it was tax
forfeifed.
Mr. Hickok replied he thought it was in the late 1970s.
Councilmember Saefke asked whether the Liepkes and their neighbors would have been
notified about tha.t.
Mr. Hickok replied, very likely. Typically when lots li.ke this go tax forfeit, the County contacts
the City. They just recently had a couple of those come before them where the City was asking
the Council whether there was an interest. In one case there was and in another case, the City let
it pass. It was not of interest to the City, but it does ha.ve that first opportunity, especially in a
situation like this adjacent to a park, where it can provide some expanded azea to a pazk, the
County provides it as an opportunity to the City. So, it may have not been apened up to
neighbors for purchase.
Councilmember Saetke sta.ted he just wanted to make it cleaz that even if they wanted to, they
could not sell the properiy to them.
Mr. Hickok said if a property is acquired by the City, and we pay fair mazket value and we
choose to use it for a pazk, that is one thing. If it goes up for sale later, there is a bit different
disposition opporiZUUty than if it is acquired through tax forfeiture where we ha.ve accepted it
from the County for purpo�es of park land. .
Councilmember Saeflce asked whether they could give it to the Liepkes.
Mr. Hickok replied, no. It is for everyone's enjoyment and not a private individual.
Councilmember Saeflce asked for the past 40 years they have enjoyed that property for their
benefit but never paid taxes on it, correct?
Mr. Hickok replied that is correct.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 9
Mayor Lund asked in wha.t cases the City could sell public land if the need should arise?
Mr. Hickok replied, it depends on how it was acquired.
Fritz Knaak, City Attorney, stated they can sell certain kinds of property that the City owns but
it depeads on how you get it. If the property is acquired park land or is dedicated a.s park land or
comes through a process li.ke this where you have tax forfeiture, you aze very limited in how you
can sell it. In fact, you cannot sell it as a practical ma.tter. If anything, it would revert back to
whoever the original donor was. If the City buys property for some other reason and you have
no need for the properry, the City's Charter makes provisions for the City to declare it to be
surplus and then sell it at fair value. They ha.ve done that In a case like this they are limited in
how they can sell it.
Mayor Lund said looking at the property lines, he can see where this could clean up the line and
make the properiy straight across. However, it is ta�c forfeited property and we cannot sell any of
that property.
Attorney Knaak replied that is right. That is a condition of the City receiving the property to
begin with. It is like park dedicated land. When you receive park-dedicated land, you are
receiving that land subject to the condition of the dona.tion. You do not really have the authority
to sell it.
Councilmember Varichak asked if there is any way for anybody to get to that properiy from
that na.tural azea. It does aot look like i�
Mr. Hickok replied, righ�
CouncilmemberVarichak replied so the only way they could get to that particulaz properiy or
the two adjacent properties.is through the yard of the homeowners, is that correct?
Mr. Kirk replied, there is no path at this point. There�has beea a path in the past coming off of
Stinson on the south end of. a11 of those properties, but it did not extend northward at that poin�
Mayor Lund asked Mr. Liepke what he thinks a fair closure is to this issue.
Wayne Liepke, 1634 Gardena. Avenue NE, stated Mr. Kirk has mentioned a couple of times that
the properiy to the east of them ha.d called Mr. Kirk out to nnake sure they were not encroaching.
When the letters originally were sent out, that properly owner was a very good friend of lus and
he had brain cancer. When they came out an.d did the survey, there was stuff all over the place
and Mr. Liepke spent a day bringing all of it back on to the property. His neighbor passed away,
but it was his family who called. He just wanted to let them know it was him that made sure
everything was on the properiy. They have had many people come up through the park, into the
gazdens, and tell them how beautiful they aze and how thankful they aze that they are there. They
have always had an open garden type policy for people to come in a.nd talk plants.
FRIDLEY CITY COUNCIL MEETING OF DECEIVI�ER 8, 2008 PAGE 10
Mr. Liepke replied, as far as a closure to this, he does not have anything legal to throw out.
They aze gazdening on pazk property. It is winter now and aothing can be done. He proposed
tha.t in the spring that his business, Gardens of Rice Creek, would in the azeas of where they had
been mowing grass, be allowed a one time donation to plant native grasses and plants that aze
conducive to pazks and that na.tural setting. They could a11ow them to grow and kind of cover
the grass azea. His concem with doing nothing and just leaving it like it is, is that he has seen
wha.t would ha.ppen. The grass would turn into basically a weed-infested field that he does not
tlunk anyone would benefit from. He says one-time because he knows they want them to stop
doing what they are doing, and he would not want it to be open-ended.
Mayor Lund asked if Gardens of Rice Creek was a business.
Mr. Liepke replied, yes.
Mayor Lund asked if he was in the business of landscaping.
Mr. Liepke replied, yes.
Councilmember Bolkcom stated he and his partners have done a lot of landscaping at the
Anoka County Library here in Fridley.
Mr. Liepke replied also at Springbrook last yeaz.
Mayor Lnnd asked about what appeazed to be a mulched path coming off his garden azea. He
asked Mr. Liepke if he maintained those chips and created the pathway to get to the main path.
Mr. Liepke stated on the City's old maps, it shows tha.t path. However, that path basically was
kind of bome from just his family for the last 40 yeazs going back into the woods. Maybe the
City adopted it as their path, that is fine, but they always kept it up so people could walk up and
enjoy the gazde�s and it led back into the woods as well. They have never told people, stay out
this is private, we are doing this for private reasons.
Mayor Lund stated if that is his desire to put wild species plants, he asked if that would be
acceptable from a code enforcement standpoint. As long as it is some non-invasive species or
something that is na.tive to the azea.
Mr. Hickok replied we do allow that. Frankly, that would be a good solution. Typically if there
is a defined edge, they mow to a certain point and then it becomes prairie grass from tha.t point
on. That is something tha.t they have seen and have allowed.
Mayor� Lund stated keeping in mind tlus is public properiy, if the staff is okay with that, he
thinks it is fine as long as the petitioner is a landscaper, professional or otherwise. He thought
they should provide the City with a list of what will be planted to make sure they are acceptable.
He asked about purchasing 25 feet of the surrounding properties. It would be like a trade-off.
We would clean up the lines.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 11
Councilmember Bolkcom said we been told we cannot tra.de property.
Mayor Lund asked Mr. Knaak if they could trade some of that property.
Mr. Knaak replied, you cannot swap it. It is your property.
Mr. Hickok replied he thinks what happened is 1624, 1628, and the subject properly were all
platted at the same time with the idea tha.t if something developed south instead of the Nature
Center, they dedicated half the right-of-way so they could have access and sell lots in the future.
When it became Innsbruck Nature Center, any idea of any sort of development there went away,
and 1624 combined that pazcel with their parcel and ma.de a deep lot of i� Number 1634 did no�
They did not purchase the pazcel and did not combine it and those lands went tax-forfeit. He
understands tha.t it was not Mr. Liepke's family who owned it before, that was prior to them
being there.
Councilmember Barnette sta.ted Mr. Liepke's proposal sounds very reasonable. Mr. Liepke is
willing to go back to its original properiy line, put some plantings in there which would benefit
the pazk, make it more na.tural.
Councilmember Bolkcom stated so all those gardens would go away, leaving natural grasses.
She is asking if the petitioner is going to be planting native grasses azound the gazdens or aze the
gazdens going away?
Mr. Liepke replied, no, he is proposing planting the na.tive grasses where the mowable grass is.
Councilmember Varichak stated she does not know how it will all play out as the grass stazts to
grow and does not know if they will look good together. She thinks it would still look like
Mr. Liepke's property. She has been there. It is gorgeous. It will take a while for the grasses to
grow.
Mr. Liepke sta.ted he is going by the resolution the Appeals Commission ma.de which was to do
nothing and just lea.ve it. He was just trying to find a happy medium.
Mayor Lund sta.ted he does not see a real problem if Mr. Liepke wants to put in na.tive species
in the area undez the guidance of City staif and accepting tha.t it would probably take a couple
yeazs. Mr. Liepke has already testified he would not ma.intain the existing gardens which would
go to more natural vegeta.tion. He does not have any problems with i�
Councilmember Bolkcom stated she does have a concern because the way it is now, people
perceive tha.t as their property. There are a lot of expensive plants here. Why would he leave
plants in there and then put grasses around there and not maintain them?
Mr. Liepke replied they would be kind of varied. He believes it would look somewha.t more of
a natural landscape than just letting the grass grow and do nothing. Some of the plants that aze in
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 12
there, such as the bee balm are natural plants. Obviously the hostas, peonies and lilies aze not,
but a natural sta.te they would look nice.
Councilmember Bolkcom asked if he would be tempted to divide them and change them
around. •
Mr. Liepke said this is only part of their gazdens. When people did come up on park property,
they were also invited to come right up to their backdoor where gazdens are as well. So, there
are plenty of gardens. The gazde�s aze somewhat self-sust �a'ning. He could do that.
Conncilmember Bolkcom asked Mr. Kirk if he thought the solution was reasonable.
Mr. Kirk said tonight was the first time he heard of the proposal. There is some intrigue with
tha.t and it ma.y work out. He has to admit he has some concerns if the gardens are going to stay,
and we are going to be selective on where we plant different types of grasses in there. However,
it almost sounds like it is another landscaping project which is being done on City pazk land.
Our whole idea is for this area to be na.tural. If you let forests go they wtll regenerate.
Mr. Liepke stated it is filled with buckthorn in that azea. So that is how the forest is
regenera.ted.
Mr. Kirk sta.ted without seeing a more detailed plan and really looking this over he is
uncomforta.ble saying tonight if that is accepta.ble.
Councilmember Bolkcom stated and once the grasses aze in there, who maintains them and who
waters them. She asked Mr. Liepke whether the grasses have to be watered when they are first
planted.
Mr. Liepke replied they aze on the north side of the woods wluch does not get a lot of sun. He
thinks there are a lot of drought-resistance plants that would not need water.
Councilmember Bolkcom asked what about in the beginning when they are first planted.
Mr. Liepke said they could be watered. when first planted, but he thinks that would be it.
Mayor Lund asked Attorney Knaak if a motion would be in order to approve the abatement.
Then through the motion or by an amended motion, if the Council so chooses, they could amend
the abatement or delay the abatement for six months to allow some time for Mr. Liepke to
provide informa.tion that is acceptable to staif about na.tive vegeta.tion and give him ti.me to plant.
Attorney Knaak replied the appropriate response would be to approve the abatement, based on
the information and teshmony provided, and allow a six-month period of time during wluch the
Liepkes and staif could work out an appropriate abatement remedy.
Mayor Lund stated they have six months to come to an agreement and after the six-month
period, the Liepkes leave it alone, not maintaining the gardens.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 13
Attorney Knaak replied another option is to close the public hearing and continue further
deliberation on the matter including any decision they make for six months.
Councilmember Bolkcom said they could close the hearing, not render a decision, and direct
staff to work with Mr. Liepke on lus abatement plan related to the landscaping and bring it back
to them for approval.
Attorney Knaak stated that is an option but in fact wha.t they would be doing is cutting off the
public hearing which they need to do tonight Ra.ther than making a decision, what they would
do is continue tha.t part of the proceeding for six months. If nothing happens to their satisfaction,
they would then impose a sentence wluch would be the abatement. In the alternative, if in fact a
reasonable resolution is brought before them, they can accept tha.t.
Mayor Lund asked if there is a timeline.
Attorney Knaak replied, in this instance, no. He suggests getting the appellant to consent to
that as a ma.tter of record.
Councilmember Bolkcom asked to a date certain?
Attorney Knaak replied to a date certain would be better but not aecessary.
Councilmember Bolkcom asked if Mr. Liepke had to continue to do this if they do not actually
have a date.
Attorney Knaak replied, technically, he could not continue wha.t he is doing. What he would be
doing in any event would be actually a cita.ble offense. He said she was correct by putting a date
specific on it. You eliminate the issue of whether this thing could continue indefinitely.
Councilmember Bolkcom asked if they ha.ve not rendered a decision, is he really doing
something he should not be doing.
Attorney Knaak replied., yes, he is actually damaging or encroaching on City properly.
Mayor Lund asked Councilmember Bolkcom if her suggestion would be tha.t we approve the
abatement but also stipulate that there is a six-month period or a date certain.
Councilmember Bolkcom said her suggestion is tha.t they close the administrative hearing and
actually come up with a date certain for the landsca.ping plan.
Mayor Lund asked if that could be done in the findings of fact he was going to ask staff to
prepaze. �
Councilmember Bolkcom replied, she thinks so. They are saying this could co-exist but they
need to give staff some time to work with Mr. Liepke.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 14
Dr. Burns stated he agrees with her, but they have worked with the Liepkes and advised them of
the encroachment for quite some time, and to a11ow this to play out for six months with a
decision on the abatement, is contrary to the City's interes�t. His suggestion would be to close the
hearing, and come up with a sepazate decision at their first meeting in February.
Councilmember Bolkcom suggested Mazch or April to give Pazks and Recreation enough time
to react and give time for City staff to work with Mr. Liepke.
Mr. Hickok stated he thinks it would be important to get to a decision before the growing season
even begins. He thinks at the latest, on April 1.
Dr. Burns asked what about the second meeting in March.
Mayor Lund informed Mr. Liepke they are talking about closing the abatement hearing tonight
but not rendering a decision until the second meeting March which gives him, staff, and the
Recreation Department time to come to an agreemen� The meeting da.te would be March 23,
2009, and at that time they will render a final decision.
Mr. Liepke replied., okay.
Mayor Lund said at that time Council could render a decision in writing. It would be based on
the testi.mony that has been presented tonight. Some of that would be, in his mi.nd, a discussion
about the inability to purchase the land. Mr. Liepke has agreed under oath that he knows it is
City land, and that he will discontinue mowing and maintaining the City's property. They are
willing to give him one time to put in some natural vegeta.tion.
Councilmember Bolkcom clarified tha.t the abatement does go forwazd and the landscaping plan
needs to be in front of them by Mazch 23.
Attorney Knaak said his understanding is that is wha.t they are going to do. The findings would
be craiied in the meantime for their approval.
Mayor Lund stated it is his opuuon that they wanted to close the abatement hearing, to not
render a decision on the abatement until the second meeting in March.
Attorney Knaak stated he suggests tha.t the motion be in the form of directing staff to work with
the individual but to create appropriate langua.ge in the findings which would conceivably
include the agreement that they have with the Liepkes.
MOTION by Commission Varichak to close the abatement appeal of Wayne and Kellie Liepke,
1634 Garden Avenue N.E. Seconded by Councilmember Bolkcom.
Mr. Hickok stated he is confident in working with the Liepkes that they will come to a solution.
If they do not come to a solution, what would happen?
� . .
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 15
Mayor Lund stated after they close this public hearing, they aze going to make a motion to abate
the property but delay it until the second meeting in March to give staff and the Liepkes time to
finalize the decision on City staif's perception on what is going to be acceptable vegetation and
then as Mr. Liepke stated in his testimony allow him a one-time opportunity to plant na.tive
grasses and plants.
Councilmember Bolkcom said Mr. Liepke needs to come forwazd relatively soon and outline
his plan. The landscaping plan and the findings of fact should be prepared by Mazch 23. This
has gone on since 2006.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE ADMINISTRATIVE HEARING WAS
CLOSED AT 9:08 P.M.
MOTION by Councilmember Varichak to direct staff to prepare findings of fact containing the
terms of the abatement to review and take action at the Cit3� Council meeting on Mazch 23, 2008.
Seconded by Councilmember Barnette. .
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
City Council Meeting
APPROVED.
City Council Meeting of N
APPROVED.
CITY COUNCIL MEET7NG
10, 2008.
17, 2008.
Councilmember Saefke stated he wo d like to make a minor correction on the Council minutes
of November 17, 2008. On Page 3, under Public Hearing, the paragraph begins with Don
Abbott, after that it should read Public S ety Director, not Public Works Director.
Councilmember Bolkcom asked that the
Fridley Winter Operations Policies and Pi
APPROVED AS CORRECTED.
; of the presentation for the 2008-2009 City of
be included in the minutes.
FRIDLEY CITY COUNCIL MEETING OF DECEMBER 8, 2008 PAGE 16
NEW BUSINESS:
1. Approve Eztension of �
Kinghorn Company fo
Ezisting Church in a
University Avenue N.E.
ecial Use Permit, SP #OS-03 and Variance, VAR #05-14, by
Woodcrest Baptist Chnrch, to Allow an Ezpansion of an
�ulti-Family Zoning District, Generally Located at 6875
ard 1).
William Burns, City Manager, said 's permit allows expansion of the church and pazking lot.
It was first approved by Council on ovember 10, 2005. There have been two subsequent one-
yeaz extensions in December 2006 an December 2007. Kinghorn Construction, the contractor
for the project, is requesti.ng an addih na1 one-yeaz extension. Staff recommends Council's
approval.
TffiS ITEM WAS REMOVED FRO THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
2. Approve Submittal of the City of F'dley's Draft Wellhead Protection Plan to the
Minnesota Department of Health for pproval.
William Bnrns, City Mana.ger, said we sent ur Draft QVellhead Protection Plan to other
jurisdictions on September 4, 2008. After a 60-da review and comment period, Council held a
public hearing oa November 10, 2008. Now tha.t hearing and reviews are complete, sta.ff is
ready to send this prelim.i.nary plan to the Minnesota epartment of Health. The plan is available
on the City's website. Staff recommends Council's ap oval.
APPROVED.
3. Approve Change Order No. 1 for tlne Comm�s Park Water Treatment Plan
Improvements, Project No. 379.
William Burns, City Manager, said the change order is for $2, 00 and is necessary to meet the
City's prevailing wage requirements tha.t were inadvertently left ut of the bidding documentS.
The change raises the contract amount to $609,200. Staff recomm nds the $2,500 change order
to Shank Constructors, Inc.
APPROVED.
4. Resolution Authorizing an Increase in Compensation and hanges in Certain
Benefits for the 2009 Calendar Year.
William Burns, City Manager, said sta�f is recommending a 3 percent cost of 'vi.ng adjustment
and a 3 percent increase in automobile allowances where applicable. The incre e is consistent
with past salary adjusiments, our union contracts, and other local jurisdi tions in the
metropolitan azea. Staff recommends Council's approval.
ADOPTED RESOLUTION NO. 2008-59.
J
FRIDLEY CITY COUNCIL MEETING OF NOVEMBER 10, 2008 PAGE 2
Councilmember Saefke asked what an ove ote and under vote were.
Mr. Pribyl replied an over vote is vo ' g for both candidates for the same office, and an under
vote is not voting at a11 on that parti az race. •
MOTION by Councilmemher olkcom to receive and certify the results of the general election
of November 4. Seconded b Councilmember Saefke.
UPON A VOICE V E, ALL VOTING AYE, MAYOR LUND DECLARED TAE
MOTION CARRIED ANiMOUSLY.
ADMIIVISTRATIVE HEARING
Abatement Appeal of Wayne and Kellie Liepke,1634 Gardena Avenue N.E.
The hearing was not held as the petitioners were not present.
Mayor Lund asked City Attorney Knaak if the hearing should be postponed until the regulaz
agenda. to see if the petitioners appeazed. �
Attorney Knaak said it would be the appropriate approach.
Councilmember Bolkcom asked if the petitioners were awaze of the meeting and that their
hearing would be first on the agenda.
Scott Hickok, Community Development Director, said petitioners were aware of the meeting,
and that it started at 7:30 p.m., and at that time the letter was sent, the agenda had not been set.
Councilmember Bolkcom asked whether they ha.d any other communica.tion with them.
Mr. Hickok replied, they have not.
CITYCOUNCIL MEETING
City Council Meeting of Octo�er 27, 2008
APPROVED.
CITY COUNCIL MEETING
CITY OF FRIDLEY
NOVEMBER 10, 2008
The City Council meeting for the City of Fridley was called to order by
ROLL CALL:
MEMBERS PRESENT:
Mayor Lund
Councilmember-at-Latge
Councilmember Saeflce
Councilmember Varichak
Councilmember Bolkco�
Lund at 7:30 p.m.
OTHERS PRESENT: William Burns, City anager
Scott Hickok, Co unity Development Director
James Kosluchar, blic Works Director
Richard D. Prib , Finance Director
Julie Jones, Pl ' g Manager
Fritz Knaak,�ity Attorney
PROCLAMATION:
Homelessness Awareness Month
Receive and Certify the
2008.
ovember, 2008
BOARD OF CANI�ASS
of Canvass from the General Election of November 4,
Richard D. Pribyl, F' ce Director, said Mayor and Councilmember-at-Lazge were the only
two local offices on the allot. State law requires that the City Council must canvass the results
within seven da.ys of election. There were a total of 15,276 registered voters when the polls
opened. Another 2,9 2 registered on Election Day. We had 14,351 registered voters cast a
ballot in the City. e voter turnout in this election was 78.6 percent. In the general election in
2006, there was a percent tumout. For mayor, Scott Lund had. 7,955 and Pam Reynolds had.
4,437. There wer over votes of 1,886, 1 under vote, and 72 write-ins. For councilmember-at-
lazge, Bob Bam had 6,541 and Rick Wolfe had 4,983. There were over votes of 2,752, 3
under votes an 2 write-ins.
Mr. Pribyl s'd staff recommends Council receive and certify the results of the election. Due to
the results f the senate race between Norm Coleman and A1 Franken, Anoka County will be
participa ' g in a sta.tewide recount. City staff will be involved with Anoka. County in the
recount hich is to be conducted on November 19, 20, and 21.
.;..: �
_�
�
�
(]TY OF
FRIDLEY
AGENDA ITEM
CITY COUNCIL MEETING OF DECEMBER 8,
200�
DATE: December 3, 200�
TO: William W. Burns, City Manager ��
�
Members of the Fridley Ciiy Council Commission
FROM:
SUBJECT:
Scott J. Hickok, Community Development Director
Hearing Regarding Liepke Abatement at 1634 Gardena
Avenue
On Monday, December 8, 2008, the City Council is being asked to fulfill an important role. Code
Section 128 provides for a hearing process, if the City seeks to abate a nuisance matter on
private (or private nuisance on public) property. Both, the City Charter and local ordinances first
empower the Fridley Appeals Commission to act as the hearing officer; to render their opinion,
when there is a matter of disagreement befinreen City staff and a resident on one of these
abatement matters. The Fridley Appeals Commission heard this matter on September 10,
2008, and concurred with staff that an abatement commence on the Liepke property at 1634
Gardena Avenue. Once the decision was rendered by the Commission, the petitioner had 20
days to appeal the decision to the City Council. They complied with the statutory timeline and
are entitled to a hearing before the City Council. The purpose of this letter is to describe the role
you are being asked to fill in this regard.
Council's meeting will convene at its normal meeting time of 7:30PM. Council will consider this
item where a service presentation would normally be given at the beginning of the agenda. This
item is an appeal, not a public hearing. Because hearings of this type are a quasi judicial matter,
the Mayor will be asking each presenter to swear to the authenticity of the testimony, before
they make their presentation. Like in court, you will ask the presenter to raise their right hand
and to: Swear that the testimony that you provide will be the whole truth and nofhing but the
truth. Once swom in, the presentations will feel very much like those you hear for other land use
requests. First, staff will make its presentation. In this case, David Kondrick and Scott Hickok
will each make a presentation (Hickok first). Each will be sworn in individually at the time that
they are ready to begin their testimony. Council can ask questions of each presenter, after their
presentation has been completed.
Once staff concludes its presentation, the petitioner will need to be sworn in and then asked to
make its presentation. Once their presentation is complete, staff should be given the floo� for
rebuttal and then the petitioner should be given an equal opportunity for rebuttal. Each is
already sworn-in, so that step does not need to be6repeated.
^��
�
One rebuttal segment each side (staff and petitioner) is typical for a hearing of this nature.
After testimony has been heard, Council should render its decision. A written copy of the finding
of fact will then be prepared by staff and signed by the Mayor as final documentation of the
appeals matter. A copy of that final signed document will be mailed to the petitioner. Receipt of
this document by the petitioner concludes the appeals process (unless the petitioner chooses to
pursue other legal remedy). �
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FR[DL�.Y
FRIDLEy MiJNICIPAL CENTER • 6431 UNIVERSTfY AVE. N.E. FRIDLEY, MN 55432
(763) 571-3450 • FAX (763) 571-1287 • TTD/ITY (763) 572-3534
August 14, 2008
Wayne and Kellie Liepke
1634 Gardena Avenue NE
Fridley MN 55432
Dear Mr. and Mrs. Liepke:
We are receipt of your letter dated August 4,.2008 requesting a hearing in reference to your
encroachments into Innsbruck Nature Center. This letter is to inform you that a hearing has
been scheduled in front of the Fridley Appeals Commission for September 10, 2008 at 7:00
P.M. in the City Council Chambers at 6431 University Avenue.
This will be a quasi-judicial hearing and both the property owner and the City may appear at the
hearing with counsel and call such witnesses and present such evidence as is determined by
the Appeals Commission to be considered relevant.
Within 10 days after the hearing you will receive the Appeals Commission's decision on the
matter.
If you have any questions regarding this letter or the process, please feel free to contact me at
763-572-3595.
Sincerely, �
���
Stacy St mberg
City Pla er
C-08-45
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crnroF
FR[DL.EY
�,j�T.F.V_�Tj�TjCjpAl, CENTER • 6431 TJNIVERSTTY AVE. N.E. FRIDLEY, MN 55432
(763) 571-3450 • FAX (763) 571-1287 • TTD/T'fY (763) 572-3534
October 8, 2008
Wayne and Kellie Liepke
1634 Gardena Avenue NE
Fridley, MN 55432
RE: Hearing Announcement
Deaz Mr. and Ms.Liepke:
We are in r�ceipt of your letter of September 30, 2008 requesting a hearing before the
City Council. This letter is to inform you that a hearing has been scheduled in front of the
Fridley City Council for October 27th, 2008 at 7:30 P.M., in the City Council Chambers,
6431 University Avenue.
This will be a quasi-judicial hearing and both the property ovmer and City May appear at
the heazing with Counsel and ca11 such witnesses and present such evidence as the City
Council to be considered relevant.
Within 10 da.ys after the hearing you will receive the City Council's decision of the
matter.
If you have any questions regarding this letter or the process, please feel free to contact
me at 76�572-3599.
i
�� � �; � �
ity Development Director
C-08-57
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FRIDLEY MUNICIPAL CENTER • 6431 UNNERSITY AVE. N.E. FRIDLEY, MN 55432
(763) 571-3450 • FAX (763) 571-1287 • TTD/T°I'Y (763) 572-3534
October 16, 2008
Wayne and Kellie Liepke
1634 Gardena Avenue NE
Fridley, MN 55432
RE: Heari.ng Announcement
Dear Mr. and Ms. Liepke:
On Monda.y, October 13, 2008, Council deterinined that only 4 of the 5 Council members
would be available to attend the hearing previously set for your item. Councilmember
Bolkcom would not be available and has asked that the hearing be placed on the
November 10, 2008 Council agenda, rather than the October 27�', 2008 agenda
previously scheduled.
As a result; the meeting has been rescheduled for November 10, 2008, at 7:30 P.M., in
the City Coun.cil Chambers, 6431 University Avenue NE, Fridley, MN.
I am sorry for any inconvenience this resched.uling has caused.. If you ha.ve any questions
regazding this ma.tter, please feel free to conta.ct me at 763-572-3599.
Sincerely,
CITY,�F LE
:�
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V�:•- V -
� Scott J. Hi ok .
'�ommunity Development Director
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FR(DLEY
FRIDLEA gU t[C[PAI����1TER • 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 •(612) 571-3450 • FAX (612) 571-12R7
23 1 96
Merle Liepke
1634 Gardena Avenue
Fridley, MN 55432
RE: First Notice of Noncompliance at 1634 Gardena Avenue
Dear Mr. Liepke:
The City of Fridley has established a City Code for the purpose of promo�ing a pleasant
and attractive suburban environment •A recent inspection of the property at 1634 Gardena
Avenue revealed that not all Code requirements are presently being met. Listed below are
items which do not comply with the City Code: �
Please be reminded that.the Fridley City Code requires that all vehicles must be
currently licensed and street operable.
2. Discontinue the improper outside storage of a boat located in the front yard.
(Boats, trailers, and stacked firewood are permitted in the side yard.)
Your prompt atter�tion in correcting this situation would greatly assist us in helping make
Fridley a better place to live. An inspection will be conducted on or shortly after
September 6, 1996, to determine compliance.
If you have questions or would like to discuss this violation, please contact me at 572-
3595. Thank you for your cooperation!
Sincerely,
Kurt Jensen-Schneider
Code Enforcement Office�
KJS:Is
CE-96-297