Loading...
HomeMy WebLinkAbout1990 09-10 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA I REGULAR SESSION SEPTEMBER 10, 1990 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Celia Scott, Todd Paulson, Jerry Pedlar, and Philip Cohen. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, City Engineer Mark Maloney, Personnel Coordinator Geralyn Barone, Public Works Coordinator Diane Spector, and Administrative Aide Patti Page. INVOCATION The invocation was offered by Dwight Gunberg of the Brooklyn Center Prayer Breakfast Committee. OPEN FORUM Mayor Nyquist noted he had received a request for the open forum session this evening; however, it pertains to an item which is currently on the agenda. He noted he would take up the open forum request during this agenda item. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. No requests were made. APPROVAL OF MINUTES - AUGUST 13 1990 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the minutes of the August 13, 1990, City Council meeting. The motion passed unanimously. PERFORMANCE BOND RELEASES There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve release of the performance bond for Earle Brown Farm patio homes, 6800 York Place. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve release of the performance bond for Hardees Restaurant, 1601 Freeway Boulevard. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 90 -182 Member Celia Scott introduced the following resolution and moved its adoption: 9/10/90 —1— . r . e RESOLUTION AMENDING THE 1990 GENERAL FUND BUDGET TO REAPPROPRIATE FUNDS FOR LOBBYING FOR GROUP HOME SITING PROCESS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 90 -183 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF AND APPRECIATION FOR THE DEDICATED PUBLIC SERVICE OF RICHARD E. NORDSTROM The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION N0. 90 -184 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED UNDER CONTRACT 1990 -A, 1990 SEALCOATING PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 90 -185 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR XERXES AVENUE SIDEWALK, IMPROVEMENT PROJECT NO. 1990 -19, CONTRACT 1990 -I The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 90 -186 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES (ORDER NO. DST 09/10/90) The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 90 -187 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE A THIRD PARTY AGREEMENT FOR OPERATION OF THE YEAR XV SINGLE - FAMILY HOUSING REHAB PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO 90 -188 9/10/90 -2- i Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DECLARING SURPLUS PROPERTY FA #32885 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to approve the following list of licenses: FOOD ESTABLISHMENT S.A.M.S. Inc. d/b /a Subs Etc. 6048 Shingle Ck. Pkwy. SIGN HANGER Prowood Signs, Inc. d/b /a Edison Signs 2415 W. Industrial Blvd. The motion passed unanimously. APPROVAL OF MINUTES - SEPTEMBER 4. 1990 - SPECIAL SESSION There was a motion by Councilmember Cohen and seconded by Councilmember Paulson to approve the minutes of the September 4, 1990, City Council meeting. The motion passed. Councilmembers Scott and Pedlar abstained from the vote as they were not present at this meeting. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Creating the Brooklyn Center Communications Committee and Defining Its Purpose and Composition. Councilmember Cohen inquired if this commission would be set up like other commissions with an open appointment process. The City Manager noted the other communities which staff checked with stated they did have people on their commissions who specialized in the communication area. He noted the specialists were mixed in with the average citizen. He noted this would not be an ongoing commission. Councilmember Cohen recommended an information sheet be prepared for those people who are interested so they will know what is expected of them. RESOLUTION NO. 90 -189 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION CREATING THE BROOKLYN CENTER COMMUNICATIONS COMMITTEE AND DEFINING ITS PURPOSE AND COMPOSITION The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The City Manager presented a Resolution Relating to Animal Control: Authorizing Membership of the City in Pets under Police Security (PUPS). The City Manager noted in May, 1989, Funk Animal Hospital notified all cities using his animal hospital as an impound facility that he would no longer be in the animal impound business effective September, 1989. Dr. Funk noted his main reason for 9/10/90 -3- discontinuing the impound facility was the bad public image it presented. The City Manager explained since September, 1989, the City has been leasing Dr. Funk's facility on a month -to -month basis. He noted the City of Brooklyn Park agreed to staff this facility using its CSO's. The Personnel Coordinator stated after Dr. Funk sent out his notice, a number of cities including Crystal, Brooklyn Center, Brooklyn Park, Maple Grove, Robbinsdale, New Hope, and Golden Valley joined together to study the animal impound problem. She noted the committee surveyed 159 veterinarians, kennels, and boarding facilities in the metro area. She noted the committee received two responses from facilities which were willing to house the City's impounded animals. She noted the problem with this was the facilities were located in St. Cloud and Maple Plain, Minnesota. She noted after this survey the committee decided to focus on finding property and building a facility. The Personnel Coordinator then went on to briefly review the proposed site for the new facility and the drawings which have been submitted by an architect. She noted staff is requesting the Council to approve a Joint Powers Agreement this evening which would formalize the City's membership in Pets Under Police Security. The EDA Coordinator entered the meeting at 7:15 p.m. Mayor Nyquist inquired if the facility would be required to have a veterinarian on site. The Personnel Coordinator stated the facility would not be required to have a veterinarian on site, and if veterinary care were necessary, the animal could be taken off the site for this care. Mayor Nyquist inquired if it would be necessary to increase the fees for dog licenses or impound fees. The Personnel Coordinator stated at this point the City is significantly subsidizing the program and noted the fees are very reasonable. The City Manager stated in the past the idea behind the licensing of dogs is to encourage the owners to obtain vaccinations for their animals. RESOLUTION NO. 90 -190 Member Todd Paulson introduced the following resolution and moved its adoption: RESOLUTION RELATING TO ANIMAL CONTROL: AUTHORIZING MEMBERSHIP OF THE CITY IN PETS UNDER POLICE SECURITY (PUPS) The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. The City Manager presented a Resolution Approving Specifications for Removal of Houses on 69th Avenue, Improvement Project No. 1990 -21. The Director of Public Works stated in conjunction with the reconstruction of 69th Avenue North between Brooklyn Boulevard and Shingle Creek Parkway, separate contracts for house removals will be let in the near future. He noted it is likely perhaps as many as three or four separate contracts for house removals will be needed. He stated staff has developed a typical specification for use in each of these anticipated contracts. He explained there may be as many as one to six houses between now and October 1 which will need to be removed before winter. Councilmember Scott noted the Director of Public Works' memorandum states the contractor will be responsible for maintenance of the entire property including litter and debris removal, grass cutting, weed removal, and trimming of storm damaged trees. She inquired if this would be contained within the contract. 9/10/90 -4- The Director of Public Works responded affirmatively. Councilmember Scott inquired what type of control the contractor will have to provide around the site when a house is raised up in the air. The Director of Public Works stated the contractor will be responsible for all happenings on the site and noted he will review this issue with the City Engineer. Councilmember Pedlar inquired ` when the contractor's responsibility for the site will end. The Director of Public Works stated the contractors responsibility will cease when the City approves the final completion of the work. Councilmember Paulson stated he felt the language regarding the tree and shrub removal should be more positive. He stated he felt the City should identify those trees or shrubs which should be removed or saved. RESOLUTION N0. 90 -191 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS FOR REMOVAL OF HOUSES ON 69TH AVENUE, IMPROVEMENT PROJECT NO. 1990 -21 The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. The City Manager presented a Resolution Authorizing the Transfer of Unclaimed Property from Police Property Storage to the Park and Recreation Department. RESOLUTION NO. 90 -192 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE TRANSFER OF UNCLAIMED PROPERTY FROM POLICE PROPERTY STORAGE TO THE PARK AND RECREATION DEPARTMENT The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. ORDINANCE The City Manager presented An Ordinance Amending Chapter 3 of the City Ordinances Regarding the Minnesota State Building Code. He noted this item was first read on August 13, 1990, published in the City's official newspaper on August 22, 1990, and is offered this evening for a second reading. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 3 of the City Ordinances Regarding the Minnesota State Building Code. He inquired if there was anyone present who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen to close the public hearing on An Ordinance Amending Chapter 3 of the City Ordinances Regarding the Minnesota State Building Code. The motion passed unanimously. ORDINANCE NO. 90 -15 Member Jerry Pedlar introduced the following ordinance and moved its adoption: 9/10/90 -5- AN ORDINANCE AMENDING CHAPTER 3 OF THE CITY ORDINANCES REGARDING THE MINNESOTA STATE BUILDING CODE The motion for the adoption of the foregoing ordinance was duly seconded by member Todd Paulson, and the motion passed unanimously. DISCUSSION ITEMS BUSINESS ETHICS POLICY The City Manager noted the changes which the Council requested in this policy have been made. There was a motion by Councilmember Scott and seconded by Councilmember Paulson approving the business ethics policy. The motion passed unanimously. REVIEW OF REPLIES TO DATE TO TREE REPLACEMENT SURVEY The Director of Public Works stated this survey has been included in the packet of information which property owners receive when they are notified a diseased tree marked on their property must be removed. He noted a total of 110 responses have been received to date. He stated almost 90% of respondents indicated they would be interested in participating in a reforestation program. The Personnel Coordinator left the meeting at 7:37 p.m. Councilmember Cohen stated it appears there are a number of people interested in this program, and he feels it should be started this fall. The Director of Public Works explained it would not be possible to implement a program of this type this fall. He noted there is not a budget for this type of program in 1990, and he does not have the necessary manpower to administer the program. Councilmember Scott stated she received a number of calls from people who had received the survey but said they had so many questions they had not returned the survey. She added she also received calls from people who had trees removed in the past. She noted now these people have found out their neighbors, whose trees were removed in 1990, are receiving this survey. She noted these callers wanted to know if they would be able to participate in this type of program or if it is only being offered to those people whose trees are removed in 1990. There was a motion by Councilmember Paulson and seconded by Councilmember Cohen directing staff to develop a reforestation program and report back to the City Council by December 15, 1990. The motion passed unanimously. NORTHWEST CABLE COMMISSION UPDATE The City Manager briefly reviewed the information which was included in the Council packets. He noted he would be forwarding this information on to the Communication's Commission when it is formed. PLANNING COMMISSION APPLICATION NO. 90024 SUBMITTED BY BROOKDALE OFFICE PARK REQUESTING PRELIMINARY PLAT APPROVAL AND SITE PLAN AMENDMENT TO ALTER THE COMMON PROPERTY LINE BETWEEN THE BROOKLYN CROSSING OFFICE BUILDING AT 3300 COUNTY ROAD 10 AND THE MULTIBUILDING PARCEL TO THE EAST. THE PURPOSE OF THE REPLAT AND THE PLAN AMENDMENT IS TO ACCOMMODATE MEDICAL TENANTS ON BOTH SITES. 9/10/90 / / -6- The City Manager noted this item was recommended for approval by the Planning Commission at its August 30, 1990, meeting. The EDA Coordinator left the meeting at 7:47 p.m. The Director of Planning and Inspection directed the Mayor and City Council to pages one through three of the August 30, 1990, Planning Commission minutes and information sheet. He went on to briefly review the site and noted this application will shift the property line to allow for more parking. The Director of Planning and Inspection stated foundations are in place for the three additional buildings. He noted the foundation for building A would have to be reduced, but otherwise the buildings could be built essentially as proposed. He then went on to briefly review the four conditions recommended for approval of this Planning Commission item. He noted a public hearing has been scheduled for this evening, and notices have been sent. Mayor Nyquist opened the meeting for the purpose of a public hearing on Planning Commission Application No. 90024 submitted by Brookdale Office Park. He inquired if there was anyone present who wished to address the Council. Councilmember Cohen inquired of the applicant what type of medical tenants would be in the buildings. Mayor Nyquist recognized Charles Schaatz, representing the architect on the project. He noted there is currently an eye doctor in one of the single -story buildings and noted a tenant application was received from a back surgery /therapy office which is what brought this application about. He noted a dental clinic is being contemplated for one of the single -story buildings. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to close the public hearing on Planning Commission Application No. 90024. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to approve Planning Commission Application No. 90024 submitted by Brookdale Office Park subject to the following conditions: 1. The final plat is subject to review and approval by the City Engineer. 2. The final plat is subject to the provisions of Chapter 15 of the City ordinances. 3. Medical occupancy shall be limited to no more than 3,955 sq. ft. on Lot 1 and no more than 6,000 sq. ft. on Lot 2. 4. The restrictive covenant placed on the properties restricting future development and medical occupancy shall not be released until the plat is filed at the County and the foundation for Building A is reduced in size to 6,000 sq. ft. consistent with the amended site plan. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:03 p.m. and reconvened at 8:17 9/10/90 -7- p.m. I RESOLUTION NO. 90 -193 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DELETING ONE ASSESSMENT FORM PROPOSED LEVY #11786 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 90 -194 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION DELETING ONE ASSESSMENT AND AMENDING ONE ASSESSMENT ON PROPOSED LEVY #11787 The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 90 7 195 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING TREE REMOVAL COST TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. RESOLUTION NO. 90 -196 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DELINQUENT PUBLIC UTILITY ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. RESOLUTION NO. 90 -197 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING WEED DESTRUCTION CHARGES TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 90 -198 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING PUBLIC UTILITY HOOKUP CHARGES TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. 9/10/90 -8- RESOLUTION NO. 90 -199 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT 1989 -08 TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 90 -200 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING ONE ASSESSMENT ON PROPOSED LEVY #11791 The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. PUBLIC HEARINGS REGARDING PROPOSED SPECIAL ASSESSMENTS The City Manager briefly explained the process which will be used in holding the public hearings this evening. The Director of Public Works stated there are ten public hearings scheduled for this evening. He noted four public hearings pertain to service charge assessments and six public hearings pertain to g rin s P g P specific improvement projects. He then went on to briefly review the three criteria for the deferral for senior citizens and disabled persons. He then reviewed the payment options available to property owners. The Director of Public Works presented the public hearing regarding the proposed special assessments for tree removal costs. He explained there are two resolutions deleting assessments from proposed levies. He recommended approval of these resolutions prior to opening the public hearing. RESOLUTION NO. 90 -193 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DELETING ONE ASSESSMENT FORM PROPOSED LEVY #11786 The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. RESOLUTION NO. 90 -194 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION DELETING ONE ASSESSMENT AND AMENDING ONE ASSESSMENT ON PROPOSED LEVY #11787 The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed special assessments for tree removal costs. He inquired if there was anyone present who wished to address the Council. There being none, he entertained a 9/10/90 -9- motion to close the public hearing. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to close the public hearing on proposed special assessments for tree removal costs. The motion passed unanimously. RESOLUTION NO. 90 -195 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING TREE REMOVAL COST TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. The Director of Public Works presented a public hearing regarding the proposed special assessments for delinquent public utility accounts. He noted this type of assessment is not eligible for the deferment for senior citizens and disabled persons. Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed special assessments for delinquent public utility accounts. He inquired if there was anyone present who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to close the public hearing on proposed special assessments for delinquent public utility accounts. The motion passed unanimously. RESOLUTION NO. 90 -196 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING DELINQUENT PUBLIC UTILITY ACCOUNTS TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The Director of Public Works presented a public hearing regarding the proposed special assessments for weed destruction. He noted the City received one written objection to this special assessment from Richard Adams, 7205 Fremont Avenue North. He added this type of assessment does not qualify for deferment for senior citizens and disabled persons. Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed special assessments for weed destruction. He inquired if there was anyone present who wished to address the Council. No one appeared to speak. Mayor Nyquist inquired what the City's response was to Mr. Adams at 7205 Fremont Avenue North. The Director of Public Works stated apparently there was some confusion as to the ownership of the property, and the different notices were sent to different persons at that address. He stated he would recommend the Council adopt a motion to defer this assessment to a later hearing. 9/10/90 -10- I 'f There was a motion by Councilmember Scott and seconded by Councilmember Paulson to defer consideration of the special assessment for 7205 Fremont Avenue North to an unspecified Council meeting date. The motion passed unanimously. There was a motion by Councilmember Cohen and seconded by Councilmember Paulson to close the public hearing on proposed special assessments for weed destruction with the exception of 7205 Fremont Avenue North and to continue the hearing regarding special assessments to that property at an adjourned hearing with notice to the owner. The motion passed unanimously. RESOLUTION NO. 90 -197 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING WEED DESTRUCTION CHARGES TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The Director of Public Works presented a public hearing regarding the proposed special assessments for public utility hookup charges. He noted the City has not received any written objections to these charges. Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed special assessments for public utility hookup charges. He inquired if there was anyone present who wished to address the Council. No one appeared to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to close the public hearing on proposed special assessments for public utility hookup charges. The motion passed unanimously. RESOLUTION NO. 90 -198 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING PUBLIC UTILITY HOOKUP CHARGES TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The Director of Public Works presented a public hearing regarding the proposed special assessments for alley improvement project 1989 -08, Fremont /Girard, 55th to 57th Avenues. He briefly reviewed a set of slides showing this alley before and after the improvement project. He explained the final cost of the improvement was $97,853.99. He noted $62,596.86 would be levied as special assessments. He noted the City has not received any written objections to this assessment. Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed special assessments for alley improvement project 1989 -08 n y p p � Fremont/Girard, t /Girard, 55th to 57th Avenues. He inquired if anyone wished to address the Council. 9/10/90 -ll- k r Mayor Nyquist recognized John Gunderson, 5658 Girard Avenue North. Mr. Gunderson inquired if the City had calculated what the total cost would be to the property owner after the 20 year payment. He stated he feels the cost is very high and explained he bought this house in March and had to find an additional $5,000 to be held in escrow for the pending assessment. The Director of Public Works stated the total costs of the assessment and interest over the 20 year payment period would be just over $6,000. Mayor Nyquist inquired if there is anyone else who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to close the public hearing on the proposed special assessments for alley improvement project 1959 -08. The motion passed unanimously. RESOLUTION NO. 90 -199 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT 1989 -08 TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The Director of Public Works presented a public hearing regarding the proposed special assessment for alley improvement project 1989 -15, Girard /Humboldt, 54th to 55th Avenues. He briefly reviewed a set of slides showing the alley before and after the improvement project. He explained the total cost of the improvement was $38,136.04. He noted $29,308.02 will be levied as special assessments. He stated the City has not received any written objections to this assessment. He explained the resolution amending one assessment on proposed levy No. 117901 changes direct access to indirect. RESOLUTION NO. 90 -200 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING ONE ASSESSMENT ON PROPOSED LEVY #11791 The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION N0. 90 -201 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR DEFERMENT OF PORTIONS OF SPECIAL ASSESSMENTS ON PROPOSED LEVY #11791 The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed special assessments for alley improvement project 1989 -15, Girard /Humboldt, 54th 9/10/90 -12- to 55th Avenues. He inquired if there was anyone present who wished to address the Council. No one appeared to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to close the public hearing on proposed special assessments for improvement project 1989 -15. The motion passed unanimously. RESOLUTION NO. 90 -202 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT 1989 -15 TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. The Director of Public Works presented a public hearing regarding the proposed special assessments for alley improvement project 1989 -16, Emerson /Fremont, 53rd to 54th Avenues. He briefly reviewed a set of slides showing the alley before and after the improvement. He noted the total cost of the improvement was $39,487.49. He noted $26,150.62 would be levied as special assessments. He stated the City has not received any written objections to this assessment. He noted one property owner has requested the deferment for senior citizens and handicapped persons. RESOLUTION N0. 90 -203 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR DEFERMENT OF PORTIONS OF SPECIAL ASSESSMENTS ON PROPOSED LEVY #11792 The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed special assessments for alley improvement project 1989 -16, Emerson /Fremont, 53rd to 54th Avenues. He inquired if there was anyone present who wished to address the Council. Mayor Nyquist recognized Margarete Rosenow, 5357 Emerson Avenue North. Ms. Rosenow stated that at the original improvement project hearing she noted she has a problem getting her car into her garage because of the way it is built on the alley. She noted the City sent someone out to look at her situation, and they agreed the access to her garage is difficult. She noted she is going to be assessed for direct access to a garage she cannot use. The Director of Public Works explained that while it is difficult to park the property owner's car inside her garage, the garage does have direct access to the alley. He pointed out the property owner has a large full -size car. He stated staff has determined there is still direct access to her garage, but the access is difficult. He stated he would recommend adoption of a motion to defer action on this property to a later date. Ms. Rosenow inquired how long it would be before the Council would discuss this again. She stated she would prefer to pay in full for this improvement instead of having it assessed in installments. 9/10/90 -13- i She added she would like to take care of it as soon as possible. The Director of Public Works stated it would be discussed within one month. He noted that if the Council takes action at the next meeting, Ms. Rosenow would have 30 days from that date to make a payment without paying interest. There was a motion by Councilmember Paulson and seconded by Councilmember Pedlar to defer action on the assessment at 5357 Emerson Avenue North to a later date. The motion passed unanimously. Mayor Nyquist inquired if there was anyone else who wished to address the Council. No one appeared to speak, and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to close the public hearing on proposed special assessments for alley improvement project 1989 -16, with the exception of the assessment for 5357 Emerson Avenue North and to continue the hearing regarding special assessments to that property at an adjourned hearing with notice to the owner. The motion passed unanimously. RESOLUTION NO. 90 -204 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT 1989 -16 TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. The Director of Public Works presented a public hearing regarding the proposed special assessments for alley improvement project 1989 -17, Lakeview /Twin Lake, Lakebreeze to Lakeside Avenues. He briefly reviewed a set of slides showing the alley before and after the improvement project. He noted the total cost of the improvement was $13,634.29. He explained $10,463 would be levied as special assessments. He added the term of this assessment is ten years because it is a bituminous alley. He stated the City has not received any written objections to a this assessment. Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed special assessments for alley improvement project 1989 -17, Lakeview /Twin Lake, Lakebreeze to Lakeside Avenues. He inquired if there was anyone present who wished to address the Council. Mayor Nyquist recognized Betty Enge, 4752 Twin Lake Avenue. Ms. Enge stated there are seven families who live on this alley and noted four of the families use it and three do not. She stated before the improvement she requested the City to change the access from her garage from direct to indirect. She noted because of the placement of her garage, the access could be made directly onto the street instead of into the alley. She stated she believes if the City had not put in a direct alley access, it could have saved the City and herself some money. The Director of Public Works explained Ms. Enge owns a double bungalow which is built on two buildable lots which have been combined for tax purposes. He noted the City staff recommended charging the special assessments as follows: the lot which is adjacent to 9/10/90 -14- 4 Lakebreeze Avenue would be assessed for indirect access, and the lot which is furthest from Lakebreeze Avenue would be assessed for direct access. Ms. Enge stated the only way this property could be two buildable lots is if the double bungalow were removed totally from the lot. She noted it is only one parcel and, therefore, should be charged with only one special assessment. The City Attorney stated the City is not legally obligated to take the property as it currently stands. He noted this particular piece of property is large enough to be used as two buildable lots, and it is platted as two lots. He added the City Council can legally decide to assess both lots, and they can be assessed as indirect and direct access. The EDA Coordinator entered the meeting at 9:17 p.m. There was a motion by Councilmember Cohen and seconded by Councilmember Paulson to defer action on the proposed special assessment for 4748 and 4752 Twin Lake Avenue to a later date. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Pedlar to close the public hearing on proposed special assessments for alley improvement project 1989 -17 with the exception of 4748 and 4752 Twin Lake Avenue and to continue the hearing regarding special assessments to that property at an adjourned hearing with notice to the owner. The motion passed unanimously. RESOLUTION NO. 90 -205 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT 1989 -17 TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The Director of Public Works presented a public hearing regarding the proposed special assessments for street improvement project 1988 -18, West River Road. He explained the project should be complete by the end of September, 1990. He stated the estimated total cost of the project is $1,552,837. He noted $79,402 would be levied as special assessments. He explained the City has received one written objection regarding the assessment from Ubaldo Ramos, at 6836 West River Road. He stated Mr. Ramos owns a large lot which could be divided into two smaller buildable lots and has been proposed to be assessed two assessment units. The Director of Public Works explained those property owners whose properties are on corners, or which otherwise have frontage on two or more streets can choose to be assessed for a current street improvement project on one frontage, or defer being assessed until such time as an improvement project improves the other street on which they have frontage. He noted there are four property owners which have chosen to defer the assessment. RESOLUTION NO. 90 -206 Member Philip Cohen introduced the following resolution and moved its adoption: 9/10/90 -15- RESOLUTION PROVIDING FOR DEFERMENT OF CERTAIN SPECIAL ASSESSMENTS AND DELETING THOSE ASSESSMENTS FROM PROPOSED LEVY #11799 - The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed special assessments for street improvement project 1988 -18, West River Road. He inquired if there was anyone present who wished to address the Council. Mayor Nyquist recognized Ubaldo Ramos, 6836 West River Road. Mr. Ramos stated he does not have twice the amount of property as other people along this area, yet he is being assessed at double the rate. He added there are larger properties in the area which are receiving the same assessment as his. The Director of Public Works stated Mr. Ramos' property is over 150 feet wide. He noted there is one single - family home in the center of this property. He noted at some time in the future this home could be removed, and the property could be subdivided allowing for two buildable lots. He added Mr. Ramos is not the only owner of a large parcel along this project. Councilmember Cohen inquired if there would be room for a second buildable lot leaving the house where it currently stands. The Director of Public Works stated he would doubt there would be room for a second buildable lot under that condition. There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson deferring action on the property at 6836 West River Road, and all other similar large lots in this project until a later date. The motion passed unanimously. Mayor Nyquist recognized William Olson, 7200 West River Road. Mr. Olson stated he also has a very large lot which could be considered two buildable lots, yet he is eligible for deferment because of a corner lot. The City Manager noted Mr. Olson's property would be included in the last action taken by the Council. i Mayor Nyquist recognized Harold Swanson, 7230, 7240, and 7250 West River Road. Mr. Swanson stated he has been informed by real estate agents this improvement will not create any additional value for his properties. He noted he is facing a $30,000 assessment. He noted he has a written objection which he would like to turn into the Council this evening. He added it appears the City has a very arbitrary way of calculating for multifamily property and stated he may have to take legal action to change this policy. Mayor Nyquist inquired if Mr. Swanson was threatening legal action. Mr. Swanson stated he would take legal action if that is what was necessary to change this assessment. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to defer action on the special assessment for the properties at 7230, 7240, and 7250 West River Road to a later date. The motion passed unanimously. Mayor Nyquist inquired if there was anyone else who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to close the public hearing on proposed special assessments for improvement project 1989 -18 with the exception of 6836, 7200, 7230, 7240, and 7250 West River Road and to continue the hearing regarding special assessments to those 9/10/90 -16- properties at adjourned hearings with notice to the property owners. The motion passed unanimously. RESOLUTION NO. 90 -207 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT 1988 -18 TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. The Director of Public Works presented a public hearing regarding the proposed special assessments for street improvement projects 1989 -26 and 1989 -27, Freeway Boulevard /65th /66th and Humboldt Avenues. He stated the estimated total cost of the project on Freeway Boulevard from Shingle Creek to Humboldt Avenue was $375,074.86. He noted $223,643.05 would be levied as special assessments. He then briefly reviewed a transparency which showed the proposed assessment area. The Director of Public Works stated the estimated total cost of the improvement project along 65th /66th Avenue from Humboldt Avenue to T.H. 252 was $387,387.89. He stated $213,666.12 would be levied as special assessments. He briefly reviewed a transparency which showed the proposed assessment area. The Director of Public Works stated the estimated total cost for the project on Humboldt Avenue between 65th and 69th Avenues was $234,070.16. He noted $95,100 would be levied as special assessments. The Director of Public Works stated the City has received one written objection for the entire project from a property owner at 6620 Camden Drive. Mayor Nyquist noted this property owner had filed a request for the open forum session this evening. The Director of Public Works stated Ms. Torkildson objects to the R -3 assessment. He noted Ms. Torkildson lives within the Riverwood Townhomes complex of 20 privately owned townhomes. He stated Ms. Torkildson feels this is unjust and illegal, and she believes the townhomes should be regarded as single- family homes. He noted under this project single- family homes are not being assessed for the improvement. The Director of Public Works pointed out the assessment policy is based on the zoning of certain property not the actual use. He pointed out that if assessments were being levied on single - family properties in this improvement project area, the cost would far exceed the cost to the owners of the Riverwood Townhomes. Mayor Nyquist opened the meeting for the purpose of a public hearing on proposed special assessments for street improvement projects 1989 -26 and 1989 -27, Freeway Boulevard /65th /66th and Humboldt Avenue. He inquired if there was anyone present who wished to address the Council. Mayor Nyquist recognized Lynn Torkildson, 6620 Camden Drive. She pointed out the City has differentiated already between Riverwood Townhomes and Georgetown Townhomes. She noted the assessment notice for Georgetown Townhomes went straight to the corporation; however, the assessment notices for Riverwood Townhomes went to the individual owners of the townhomes. Ms. Torkildson went on to review the letter of objection which she submitted for this hearing. Ms. Torkildson stated at the April improvement project hearing, when this project was discussed, the Mayor 9/10/90 -17- directed the City Engineer to review the traffic patterns and counts within this area. She inquired if this has been done. The Director of Public Works stated there have been no traffic surveys done in this area recently. He noted Ms. Torkildson stated the new bike trails which were constructed do not lead to anywhere. He briefly explained how they will connect into the bike trails on the east side of T.H. 252. Councilmember Cohen stated he believes this appeal should be treated as the other appeals at these hearings have been and recommended deferral to a later date. He noted he felt it would be interesting to see how the owners of Georgetown Townhomes passes this assessment on to its tenants. There was a motion by Councilmember Cohen and seconded by Mayor Nyquist to defer action on the assessments for the 20 parcels of the Riverwood Townhomes to a later date. The motion passed. Councilmembers Scott and Pedlar voted against the motion. Mayor Nyquist inquired if there was anyone else present who wished to address the Council. There being none, he entertained a motion to close the public hearing. There was a motion by Councilmember Pedlar and seconded by Councilmember Scott to close the public hearing on proposed special assessments for street improvement projects 1989 -26 and 1989 -27 with the exception of the assessment for 6620 Camden Drive and to continue the hearing regarding the special assessment to that property at an adjourned hearing with notice to the property owner. The motion passed unanimously. RESOLUTION NO. 90 -208 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECTS 1989 -26 AND 1989 -27 TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Cohen and seconded by Councilmember Scott to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 10:10 p.m. City Clerk Mayo 9/10/90 -18-