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HomeMy WebLinkAbout1990 09-24 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 REGULAR SESSION l SEPTEMBER 24, 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 7:05 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, Finance Director Paul Holmlund, 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 Reverend Bob Cilke of the Brooklyn Center Prayer Breakfast Committee. OPEN FORUM Mayor Nyquist noted he had received two requests for open forum session this evening. He then recognized Ms. Friestad, 6100 Summit Drive. Ms. Friestad stated she lives in the Earle Brown Commons and stated she has been speaking with City staff since April regarding the air conditioning unit at the Heritage Center. She explained the residents of Earle Brown Commons had been told there would be results by September 30; however, at this point nothing has been done. She then introduced Harvey Anderson, also a resident of 6100 Summit Drive. Mr. Anderson stated the noise which the air conditioning units make is very annoying. He stated he wears hearing aids in both ears, and they pick up the noise of the air conditioning units over that of the human voice. He stated he felt it would be best if the equipment could be moved to the other end of the building; however, he understands it would be impossible to do that at this point. He stated he trusts the City Council will find some other means to limit the noise The City Manager stated staff has been reviewing this problem and has decided on a course of action. He noted there would be two phases in which to correct the noise. He noted initially a concrete wall will be built around the unit, and this should be complete by October 15. He stated after the wall is built, tests will be conducted; and if there is still a noise problem, they will go on to phase II. Mayor Nyquist then recognized Bruce Krueger and Jagdish Trivedi, -5500 Bryant Avenue North. Mr. Trivedi stated he just found out last Friday about the special assessments on his property. He noted he purchased this property in the spring of 1990 and has been doing extensive work to the apartment building. He noted at times his mail goes unnoticed. The Director of Public Works stated the 9/24/90 -1- i i assessments were pending in August of 1989, and the City Council approved the assessment levy on September 10, 1990. He stated staff has a signed receipt that shows that the owner did receive notice prior to the public hearing. Mr. Trivedi stated he has some questions as to whether the diseased trees were ever on his property. Councilmember Cohen stated he feels staff should review this issue with the property owners. He noted Mr. Krueger and Mr. Trivedi have brought this rental property a long ways since it was purchased. He noted they should be given the chance for staff review. CONSENT AGENDA Mayor Nyquist inquired if any Councilmembers requested any items removed from the consent agenda. No requests were made. APPROVAL OF MINUTES - SEPTEMBER 10 1990 - REGULAR SESSION There was a motion by Councilmember Scott and seconded by Councilmember Paulson to approve the minutes of the September 10, 1990, City Council meeting. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 90 -209 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PURCHASE AGREEMENTS FOR 69TH AVENUE RIGHT -OF -WAY, IMPROVEMENT PROJECT NO. 1990 -10 The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 90 -210 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS FOR IMPROVEMENTS AT CITY GARAGE, IMPROVEMENT PROJECT NO. 1990 -17 The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 90 -211 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BIDS FOR REPLACEMENT OF BOILER BURNERS FOR HVAC SYSTEM SERVING THE CIVIC CENTER, IMPROVEMENT PROJECT NO. 1990 -20, CONTRACT 1990 -H The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 90 -212 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR CENTRAL PARK ATHLETIC FIELD IRRIGATION SYSTEM, IMPROVEMENT PROJECT NO. 9/24/90 -2- 1990 -07 I The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 90 -213 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR SENIOR CITIZEN DEFERMENT OF PORTIONS OF CERTIFIED SPECIAL ASSESSMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. RESOLUTION NO. 90 -214 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 9/24/90) The motion for the adoption of the foregoing resolution was duly seconded by member Todd Paulson, and the motion passed unanimously. LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Paulson to approve the following list of licenses: COMMERCIAL KENNEL Brooklyn Pet Hospital and Clinic 4902 France Ave. N. Snyder Brothers Drug Store 1296 Brookdale Center GARBAGE AND REFUSE COLLECTION VEHICLES Waste Management - Blaine 10050 Naples St. NE ITINERANT FOOD ESTABLISHMENT Boy Scouts of America Troop 299 7200 Brooklyn Blvd. Brooklyn Center Lions 6500 Humboldt Ave. N. '4 Earle Brown Elementary School 5900 Humboldt Ave. N. Harron United Methodist Church 5452 Dupont Ave. N. Korean Presbyterian Church 6830 Quail Ave. N. MECHANICAL SYSTEMS Bowler Plumbing & Heating 511 E. Lake St. Southern Mechanical, Inc. 900 B & H Industrial Ct. I RENTAL DWELLINGS Initial: C. J. Schaber 5956 Beard Ave.. N. Boulevard Properties 5837 Brooklyn Blvd. Dorothy Ostrom 6025 Brooklyn Blvd. Michael V. Nelson 6206 Brooklyn Blvd. Robert & Cheryl Hagen 5618 Logan Ave. N. 9/24/90 -3- i Steve Loechler 5736 Logan Ave N. Ivan Nohner 3024 Nash Road Dorothy & Sigurd Follese 5115 E. Twin Lake Blvd. Kenneth R. Johnson 5301 Winchester Lane Norton Rockler 1329 63rd Lane North Joseph & Patricia Simmon 2913 64th Ave. N. a Renewal: Bennie Rozman Brookdale Ten Apartments James Just/Welcome Home, Inc. 6451 Brooklyn Blvd. Dwight Jereczek 6319 Brooklyn Drive Don McGillivray 5740 Dupont Ave. N. Tracy Rice 5801 Ewing Ave. N. Timothy & Karen Pfingsten 6706 Grimes Ave. N. Jim Johnson 4201 Lakeside Ave. N. #216 Tracy Rice 5836 Xerxes Ave. N. Marlyn & Gayle Kruse 2101 71st Ave. N. Victor & Jean Huang 3813 72nd Ave. N. SIGN HANGER Kaufman Sign Co. 103 1st Ave. NE Topline Outdoor Advertising, Inc. 1493 94th Lane NE The motion passed unanimously. RESOLUTIONS (CONTINUED) The City Manager presented a Resolution Amending the 1990 General Fund Budget to Purchase Equipment Necessary for Conversion of the Police Department's LOGIS Computer System. The City Manager explained this conversion of the Police Department's computer system was proposed a few years ago. He noted after the first LOGIS member cities converted to the new system, they found major problems with the programs, and the decision was made to research other programs to select a new one. He noted the conversion cost was carried over into the following year's budget, but when the new program was again delayed, the decision was made to drop the conversion as a budget item and request the funding when the conversion was available. Councilmember Pedlar asked the City Manager to explain some of the benefits to the City. The City Manager stated this new equipment and software is much more user friendly than the old equipment, and this means patrol officers and investigators will also be able to use this system quite easily. Councilmember Paulson stated he drove around with an on -duty patrol officer one evening from 8 p.m. to 2:30 a.m. during which time they stopped in the dispatch area. He noted the dispatchers have many duties and noted that anything the Council can do to lighten their load should be approved. There was a general consensus among Councilmembers to approve the Option One resolution. RESOLUTION NO. 90 -215 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1990 GENERAL FUND BUDGET TO PURCHASE EQUIPMENT NECESSARY 9/24/90 -4- FOR CONVERSION OF POLICE DEPARTMENT'S LOGIS.COMPUTER SYSTEM The motion for the adoption of the foregoing resolution was duly seconded by member Jerry Pedlar, and the motion passed unanimously. DISCUSSION ITEM HUMAN RIGHTS AND RESOURCES COMMISSION RECOMMENDATION ON PROPOSED TRANSPORTATION PROGRAM The Personnel Coordinator stated at the September 12, 1990, Human Rights and Resources Commission meeting, the commission reviewed and discussed the transportation needs assessment survey which was conducted by Northwest Hennepin Human Services Council. She noted the Commissioners felt the survey results confirm their previous assumption that a need exists for alternative transportation for certain citizens in the City, including low income residents. She noted the commission is recommending to the City Council that the commission should work with the regional transit board to draft a grant application to the Regional Transit Board (RTB) for a dial -a -ride program that would start up in 1992. She stated once the grant application is drafted, it will be presented to the City Council for review and approval prior to final submittal to the RTB. The City Manager stated currently the City provides funding towards the five city transit program. He noted this funding would be withdrawn if the City begins a new transportation program. There was a motion by Councilmember Pedlar and seconded by Councilmember Paulson directing the Human Rights and Resources Commission to develop a grant application, with the assistance of the RTB, for a dial -a -ride transportation program. The commission is further directed to present a draft of the grant application to the City Council for review and approval prior to submittal to the RTB. The motion passed unanimously. ORDINANCES The City Manager presented An Ordinance Vacating Utility and Drainage Easements in Lot 2, Block 1 and Lot 1, Block 2, Dale and Davies 2nd Addition. He noted this item was first read on August 27, 1990, published in the City's official newspaper on September 5, 1990, and is offered this evening for a second reading. He noted the owners of the subject property, Northwest Racquette, Swim and Health Clubs, Inc., have requested this vacation. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Vacating Utility Drainage Easements in Lot 2, Block 1 and Lot 1, Block 2, Dale and Davies 2nd Addition. 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 Vacating Utility and Drainage Easements in Lot 2, Block 1 and Lot 1, Block 2, Dale and Davies 2nd Addition. The motion passed unanimously. ORDINANCE NO. 90 -16 Member Celia Scott introduced the following ordinance and moved its adoption; 9/24/90 -5- AN ORDINANCE VACATING UTILITY AND DRAINAGE EASEMENTS IN LOT 2, BLOCK 1 AND LOT 1, BLOCK 2, DALE AND DAVIES 2ND ADDITION The motion for the adoption of the foregoing ordinance was duly seconded by member Todd Paulson, and the motion passed unanimously. The City Manager presented An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning of Certain Land. He noted this item was first read on August 27, 1990, published in the City's official newspaper on September 5, 1990, and is offered this evening for a second reading. He explained this ordinance amendment describes six parcels of land located between I -94 and Summit Drive and Shingle Creek Parkway and T.H. 100 that were rezoned from I -1 to C1A under Planning Commission Application No. 90022. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning of Certain Land. inquired i • q f there was anyone resent w y p w ho wished to address the Council. There being none, entertained rtained a motion to close the public hearing. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to close the public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning of Certain Land. The motion passed unanimously. � ORDINANCE NO. 90 -17 Member Philip Cohen introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING OF CERTAIN LAND The motion for the adoption of the foregoing ordinance was duly seconded by j member Jerry Pedlar, and the motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 7:32 p.m. and reconvened at 7:51 p.m. RENEWAL OF PRIVATE KENNEL LICENSE - 4206 66TH AVENUE NORTH The City Manager stated on July 24, 1989, the City Council approved a private kennel license for Sara Wiegard, 4206 66th Avenue North. He noted this license will expire on September 30, 1990. He explained at the time of the original approval, the Council specified the final expiration of the license as September 30, 1991. He noted there has been one complaint registered with the Police Department since the July 24, 1989, approval. He stated the City Sanitarian and staff recommend approval of this application subject to two conditions. He explained the two conditions were payment of the $30 license fee prior to September 30, 1990, and proof of rabies vaccination for the cats. Mayor Nyquist opened the meeting for the purpose of a public hearing for renewal of private kennel license - 4206 66th Avenue North. Ms. Wiggins stated she thought the license was a three -year license under the ordinance. I 9/24/90 -6- 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 Scott and seconded by Councilmember Pedlar to close the public hearing for renewal of a private kennel license at 4206 66th Avenue North. The motion passed unanimously. There was a motion by Councilmember Cohen and seconded by Councilmember Scott to approve renewal of the private kennel license at 4206 66th Avenue North subject to the following conditions: 1. Payment of the $30 license fee prior to September 30, 1990. 2. Proof of rabies vaccination for the cats. The motion passed unanimously. PUBLIC HEARINGS REGARDING SPECIAL ASSESSMENTS The City Manager noted these are continuations of the public hearings regarding special assessments which were conducted on September 10, 1990, then adjourned. He noted the recording secretary would be tape recording the proceedings of this portion of the meeting. The Director of Public Works stated individual notices have been sent to all owners in question. He noted staff has received signed receipts from all property owners with the exception of Lynn Torkildson who appeared regarding item No. 10e. The Director of Public Works introduced the public hearing regarding street improvement project No. 1988 -18, West River Road from 66th to 73rd Avenues North. He noted at the September 10, 1990, meeting the City Council directed staff to review all the extra large lots in this area and to make a recommendation regarding the assessment policy. He noted Mr. Ramos, at 6836 West River Road and Mr. Olson, 7200 West River Road, both appeared at the meeting on September 10. He noted under the established City policy, these two lots could be assessed for two buildable lots. He noted there were two additional properties which were also quite large and could be subdivided at a later date. He went on to review transparencies of each of the four properties describing for the Council how the lots could be subdivided. He noted Mr. Ramos' property could easily be subdivided into two lots if the existing home were not on the lot. He added it would also be possible to develop this lot into two buildable lots without removing the house. He stated the Olson property could be subdivided into two lots and meet the requirements of the zoning ordinance only if the existing home were removed. He then went on to review the property at 6842 West River Road, noting this lot could easily be subdivided into two or three buildable lots with the current location of the home. He added if the house were removed, it could be subdivided into four lots. He then reviewed the property at 6712 West River Road noting this property could only be subdivided if the property were allowed a variance from zoning ordinances. Councilmember Cohen inquired if the Council approves the assessments on the properties as only one buildable lot per address could the Council then collect an additional special assessment if the lot were subdivided in the future. The City Attorney stated this would not be possible because 9/24/90 -7- state laws do not allow the deferment of special assessments for street improvements Mayor Nyquist opened the meeting for the purpose of a public hearing regarding street improvement project No. 1988 -18, West River Road from 66th to 73rd Avenues North. He recognized William Olson, 7200 West River Road. Mr. Olson noted his property is on the corner and inquired if he would still be able to defer the assessment because of the corner policy. The Director of Public Works stated Mr. Olson could defer the assessment and his property would be subject to an assessment at the time of a street improvement on 72nd Avenue. 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 street improvement project No. 1988 -18, West River Road from 66th to 73rd Avenues North. The motion passed unanimously. Councilmember Cohen stated he has some concerns with assessing property owners on the basis they own enough property to subdivide into other potential buildable lots. He stated he is leaning towards the policy if there is one home on the property, then it should be considered one buildable lot for assessment purposes. He did note however, he is troubled that in the future if the property is subdivided, the City could not recover these costs. Councilmember Pedlar stated he shares the same concerns which Councilmember Cohen expressed. There was a brief discussion regarding the current policy for deferment of assessments if the property is located on a corner. Councilmember Cohen stated he is in favor of a policy that would remove the option of creating other buildable lots out of these large lots. He stated he felt this area is ideal for zoning of large estate type lots. The Director of Public Works stated he would recommend the City Council adopt a motion for each parcel and then adopt the resolution. He noted Mr: Olson's property at 7200 West River Road is eligible for the deferment because it is a corner lot. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to approve the assessment for the property at 6836 West River Road at the rate for one lot (i.e. $1,351). Councilmember Cohen inquired if the Council would be setting a precedent approving these assessments. The City Attorney stated that would be difficult to predict. He noted it would depend primarily on the reasons for the Council's decision. If the Council decided to reduce the assessment solely because these particular lots did not receive sufficient benefit to justify the assessment, there would be no adverse precedent established. If, on the other hand, the Council believes that a subdividable lot never receives more benefit, then it could have some difficulty justifying a contrary decision in the future; however, if this is the case, the Council should amend the policy. Mayor Nyquist inquired who would pay for the difference in the cost. The City Manager stated local state aid funds would pay the difference. Mr. Olson asked if his property is subdivided at some time in the future, it would be assessed again 9/24/90 -8- for improvements to 72nd Avenue. The Director of Public Works stated that a second assessment could be made, but that such a decision should be made by the City Council at the time the property is subdivided. It was the consensus of the City Council that the intent of the motion under consideraiton was that the benefit received by this property was $1,351. Upon vote being taken on the foregoing motion, the following voted in favor thereof: Mayor Nyquist, Councilmembers Paulson, Pedlar, and Cohen. The following voted against: Councilmember Scott. The motion passed. Mayor Nyquist inquired if Mr. Olson wished to defer the assessment. Mr. Olson stated he would like to have his property considered as one buildable lot and be assessed now. There was a motion by Councilmember Scott and seconded by Councilmember Cohen to approve the assessment for the property at 7200 West River Road at $1,351. The motion passed unanimously. There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to approve the assessment for the property at 6842 West River Road at $1,351. The motion passed. Councilmember Scott was opposed. There was a motion by Councilmember Scott and seconded by Councilmember Paulson to approve the assessment for the property at 6712 West River Road at $1,351. The motion passed unanimously. RESOLUTION N0. 90 -216 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1988 -18 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 -217 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION DELETING ONE ASSESSMENT FROM LEVY #11799 I 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 public hearing regarding weed destruction special assessments. Mayor Nyquist opened the meeting for the purpose of a public hearing regarding weed destruction special assessments. He recognized Richard Adams, 7205 Fremont Avenue North. Mr. Adams stated the Director of Public Works has said he received the weed notice. He stated he never did receive this notice. He added the notice said that it took two and one/half hours to cut his property. He noted he can cut his property in under one hour. The Director of Public Works explained the signature on the certified mail receipt was that of Mr. Adams' ex -wife. Mayor Nyquist inquired how Mr. Adams'ex -wife came to sign 9/24/90 -9- this receipt. Mr. Adams stated he did not know how his wife was able to sign the receipt. He noted he bought his ex- wife's share of the house from her in May of 1988. He stated he may have been out of town on vacation in August of 1989. He noted if he were out of town his son was to take care of the yard. The City Attorney pointed out failure to provide notice does not invalidate the project. He noted that is not to say the Council cannot choose to give some relief to the property owner. Councilmember Scott stated she drove past this property and stated she did not see how it could take someone two and one/half hours to mow the yard. Councilmember Cohen pointed out there is quite a difference in mowing a yard that is a normal height and cutting 8" or 9" of grass. Mr. Adams stated if his ex -wife was the person that was notified and signed for this receipt, then she should be responsible for paying the assessment. Mayor Nyquist pointed out that Mr. Adams' ex -wife does not own the property. Mr. Adams stated he intends to hire an attorney and fight this case. 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 regarding weed destruction special assessments. The motion passed unanimously. There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen to affirm the staff's recommendation of certifying the special assessment as proposed. Councilmember Scott stated she feels an excessive amount of time was spent on the property even if the grass were 8" high. She stated she would like to amend the motion to reduce the assessment to $85.80. Councilmember Cohen inquired how Councilmember Scott came up with this figure. Councilmember Scott stated she took the cutting cost, divided it in half and added the $50 surcharge. Councilmember Scott's amendment died for lack of a second. i The original motion passed with Councilmember Scott opposed. RESOLUTION NO. 90 -218 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING ONE SPECIAL ASSESSMENT FOR WEED DESTRUCTION 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 with Councilmember Scott opposed. The City Manager introduced a public hearing regarding alley improvement project No. 1989 -16, Emerson /Fremont, 53rd to 54th Avenues. The Director of Public Works briefly reviewed slides which showed the alley prior to the improvement and after the improvement. He noted Ms. Rosenow, whose property is at 5537 Emerson Avenue, states she cannot drive her car into her garage. He stated she therefore does not feel she has a direct access to the alley. The Director of 9/24/90 -10- Public Works noted he drove his car into the alley and turned into the garage from both directions. He noted he has slides showing his car parked in her garage entrance. He noted the one problem which Ms. Rosenow may have is that she has a larger car than he does which may make it more difficult. He added after much review staff is still recommending the direct access assessment rate. Mayor Nyquist opened the meeting for the purpose of a public hearing on alley improvement project No. 1989 -16, Emerson /Fremont, 53rd to 54th Avenues. He recognized Ms. Rosenow, 5537 Emerson Avenue North. Ms. Rosenow stated she wished the Director of Public Works would have called her so he could show her how to park her car in the garage. She inquired if he would like to try parking the car in the garage in the winter when the snow is piled high on the corners. Councilmember Cohen inquired if Ms. Rosenow parks her car in the garage at all. Ms. Rosenow stated she does not park her car in the garage, but she stores her lawnmower and snow blower in the garage. She presented for the Council pictures of her property when she and her husband first purchased it and recent pictures. 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 alley improvement project No. 1989 -16, Emerson /Fremont 53rd to 54th Avenues. The motion passed unanimously. Councilmember Cohen noted Ms. Rosenow's request seems reasonable but noted staff has defined indirect and direct access quite clearly. Councilmember Paulson inquired if there has been an application for deferment. The Director of Public Works stated Ms. Rosenow has not indicated she wants to defer her assessment. i There was a motion by Councilmember Pedlar and seconded by Councilmember Scott affirming the staff's recommendation that one "direct access" special assessment be levied. Councilmember Paulson inquired what the cost of the indirect assessment would I be. The Public Works Coordinator stated the cost of an indirect assessment would be $430. Councilmember Cohen noted if the Council were to grant Ms. Rosenow her request, then everyone else along the project who does not use their garage could come back and ask for indirect access. He stated he would like to be able to grant Ms. Rosenow's request, but just because she does not use her garage does not mean a future owner will not use the garage. Councilmember Scott pointed out a direct access assessment was charged to a property owner who does not even own a car. Councilmember Cohen inquired if the problem for Ms. Rosenow is that there is too much snow piled up around her garage in the winter. He inquired if it would help if the snow were plowed differently. The Mayor stated the question this evening is access or no access to the garage. He noted quite clearly there is access to the garage. The original motion passed with Councilmember Cohen opposed. RESOLUTION NO. 90 -219 9/24/90 -11- Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING ONE SPECIAL ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1989 -16 TO THE HENNEPIN COUNTY TAX ROLLS The motion for the adoption of the foregoing resolution was duly seconded by I member Jerry Pedlar, and the motion passed unanimously. The City Manager presented a public hearing regarding alley improvement project No. 1989 -17, Lakeview /Twin Lake Avenue, Lakebreeze to Lakeside Avenues. The Director of Public Works stated Betty Enge, 4748 and 4752 Twin Lake Avenue appeared at the September 10, 1990, special assessment hearing. He noted Ms. Enge's double bungalow is situated across the property line of two legal lots of record which have been combined for tax purposes. He stated the structure has a tuck under double garage which is accessed from Twin Lake, and a double garage behind the house with a large driveway and parking area accessed from the alley. He briefly reviewed some slides which showed the area before and after the improvement. He explained because the parcel contains two legal lots of record, two unit assessments are proposed. He noted since the house has vehicular access from both the alley and the street, it was proposed one unit be identified as "direct access" and one as "indirect access ". Mayor Nyquist opened the meeting for the purpose of a public hearing on alley improvement project No. 1989 -17, Lakeview /Twin Lake Avenue, Lakebreeze to Lakeside Avenues. Ms. Enge noted in the past the renters have never used the garage in the back. She stated she would like an explanation of why she was not allowed to put a driveway in that went straight out to Lakebreeze instead of onto the alley. The Director of Public Works stated it is the City's policy to install the improvement based on the existing conditions. The Director of Planning and Inspection left the meeting at 9:50 p.m. Ms. Enge stated if she had been allowed to put the driveway straight out to Lakebreeze Avenue, it could have saved the City and her some money. There was some discussion as to the estimated cost of this type of driveway. 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 regarding alley improvement project No. 1989 -17, Lakeview /Twin Lake Avenue, Lakebreeze to Lakeside Avenues. The motion passed unanimously. Councilmember Pedlar stated he has some concerns with why Ms. Enge's request to move her driveway was not addressed. The Director of Public Works pointed out the final decision regarding the special assessments is made by the Council at the time of the special assessment hearing. He noted the assessments should not change whether the driveway exited to the alley or to Lakebreeze Avenue because the assessment is based on the existing condition of the property prior to the improvement. Mayor Nyquist stated in his opinion it appears Ms. Enge should be assessed for two direct access units. He noted he feels staff is being more 9/24/90 -12- than generous by offering the compromise of one direct access and one indirect access. There was a motion by Councilmember Cohen and seconded by Councilmember Scott affirming the staff's recommendation to levy one unit at the direct access rate, and one at the indirect access rate. The motion passed with Councilmember Pedlar opposed. RESOLUTION NO. 90 -220 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING ONE SPECIAL ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1989 -17 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 with Councilmember Pedlar opposed. The City Manager presented a public hearing regarding street improvement project No. 1989 -26, 65th /66th Avenues between Humboldt Avenue and T.H. 252. The Director of Public Works noted Lynn Torkildson, 6620 Camden Drive, cited several reasons why she felt she and the other property owners within Riverwood Townhomes should not be assessed for this project. He went on to review the issues which she raised and the staff's comments on these issues. Mayor Nyquist opened the meeting for the purpose of a public hearing regarding street improvement project No. 1989 -26, 65th /66th Avenues between Humboldt Avenue and T.H. 252. He recognized Lynn Torkildson, 6620 Camden Drive. Ms. Torkildson stated she did not receive her information until today. She added she does have an attorney working on this case, but he could not be present this evening because of such short notice. Ms. Torkildson inquired why Chippewa Park Apartments and Georgetown Park Townhomes are zoned differently and Georgetown Park Townhomes and Riverwood Townhomes are zoned the same. The City Manager explained this is due to the comprehensive plan. He pointed out ownership has nothing to do with zoning of property. Ms. Torkildson inquired where she would go to start the process to change the zoning of Riverwood Townhomes. The City Manager er st g ated she should speak with the Director o Plan a Inspection. P f Planning and Ins g P j The Director of Public Works pointed out zoning has to do with the density of an area; however, ownership is dictated by the developer not the City. Ms. Torkildson stated her attorney has told her the project must benefit her and her property in order for the City to levy an assessment. She stated she does not see any benefit from this improvement. She added she also feels the turnlane hinders the residents of Riverwood Townhomes. She noted there have been several near accidents because cars have no where to go when there is someone turning right into this area. The Director of Public Works stated unfortunately the contractor did make an error on the turnlanes and did not mark them correctly. He noted at this point there is some confusion, but he hopes when the changes are made it will help. 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. 9/24/90 -13- There was a motion by Councilmember Cohen and seconded by Councilmember Pedlar to close the public hearing regarding street improvement project No. 1989 -26, 65th /66th Avenues between Humboldt Avenue and T.H. 252. The motion passed unanimously. There was a motion by Councilmember Pedlar and seconded by Councilmember Cohen affirming the staff's recommendation to certify this special assessment as proposed. The motion passed unanimously. RESOLUTION NO. 90 -221 Member Jerry Pedlar introduced the following resolution and moved its adoption: RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1989 -26 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. 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 :28 p.m. City Clerk y 9/24/90 -14-