Loading...
HomeMy WebLinkAbout1990 09-24 CCP Regular Session > t3 CITY COUNCIL AGENDA CITY OF BROOKLYN CENTER SEPTEMBER 24, 1990 7 p.m. 1. Call to Order 2. Roll Call 3. Invocation 4. Open Forum 5. Approval of Consent Agenda -All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. 6. Approval of Minutes: *a. September 10, 1990 - Regular Session 7. Resolutions: *a. Approving Purchase Agreements for 69th Avenue Right -of- Way, Improvement Project No. 1990 -10 *b. Accepting Bids for Improvements at City Garage, Y g , Improvement Project No. 1990 -17 - Funding for this improvement is provided in the 1990 general fund budget for the government buildings division 19. *c. Accepting Bids for Replacement of Boiler Burners for HVAC System Serving the Civic Center, Improvement Project No. 1990 -20, Contract 1990 -H - Funding for this improvement is provided in the 1990 general fund budget for the government buildings division 19. *d. Approving Plans and Specifications and Directing Advertisement for Bids for Central Park Athletic Field Irrigation System, Improvement Project No. 1990 -07 -It is recommended that funds for this project be appropriated from the 7 ro capital projects fund. p P *e. Providing for Senior Citizen Deferment of Portions of Certified Special Assessments *f. Declaring a Public Nuisance and Ordering the Removal of Diseased Shade Trees (Order No. DST 9/24/90) g. Amending the 1990 General Fund Budget to Purchase Equipment Necessary for Conversion of the Police Departments LOGIS Computer System CITY COUNCIL AGENDA -2- September 24, 1990 8. Ordinances: (7:30 p.m.) a. An Ordinance Vacating Utility and Drainage Easements in Lot 2, Block 1, and Lot 1, Block 2, Dale and Davies Second Addition -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. b. An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning of Certain Land -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. 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 Ii to C1A under Planning Commission Application No. 90022. 9. Renewal of Private Kennel License - 4206 66th Avenue North (7:45 p.m.) 10. Public Hearings Regarding Special Assessments (8 p.m.) THESE ARE CONTINUATIONS OF THE PUBLIC HEARINGS REGARDING SPECIAL ASSESSMENTS WHICH WERE CONDUCTED ON SEPTEMBER 10, 1990, THEN ADJOURNED. a. Public Hearing Regarding Weed Destruction Special Assessments 1. Continued Public Hearing Re: Special Assessment to Richard Adams Property at 7205 Fremont Avenue North 2. Resolution Certifying One Special Assessment for Weed Destruction to the Hennepin County Tax Rolls b. Public Hearing Regarding Alley Improvement Project No. 1989 -16, Emerson /Fremont, 53rd to 54th Avenues 1. Continued Public Hearing Re: Special Assessment to Margarete Rosenow Property at 5537 Emerson Avenue 2. Resolution Certifying One Special Assessment for Improvement Project No. 1989 -16 to the Hennepin County Tax Rolls C. Public Hearing Regarding Alley Improvement Project No. 1989 -17, Lakeview /Twin Lake Avenue, Lakebreeze to Lakeside Avenues S 1. Continued Public Hearing Re: Special Assessments to Betty Enge Property at 4748/4752 Twin Lake Avenue CITY COUNCIL AGENDA -3- September 24, 1990 2. Resolution Certifying One Special Assessments for Improvement Project No. 1989 -17 to the Hennepin County Tax Rolls d. Public Hearing Regarding Street Improvement Project No. 1988 -18, West River Road from 66th to 73rd Avenues North 1. Continued Public Hearing Re: Special Assessment to Ubaldo Ramos Property at 6836 West River Road 2. Continued Public Hearing Re: Special Assessment to William & Teresa Olson Property at 7200 West River Road 3. Resolution Deleting One Assessment from Levy #11799 4. Resolution Certifying Special Assessments for Improvement Project No. 1988 -18 to the Hennepin County Tax Rolls -This resolution covers special assessments to four properties which are proposed to be assessed for two buildable sites - i.e., the Ramos property, the Olson property, the Berg property at 6842 West River Road, and the Peabody property at 6712 West River Road. e. Public Hearing Regarding Street Improvement Project No. 1989 -26, 65th /66th Avenues between Humboldt Avenue and T.H. 252 1. Continued Public Hearing Re: Special Assessment to Lynn Torkildson Property at 6620 Camden Drive 2. Resolution Certifying Special Assessments for Improvement Project No. 1989 -26 to the Hennepin County Tax Rolls -This resolution covers special assessments to all 20 properties within the Riverwood Townhouses development. 11. Discussion Item: a. Human Rights and Resources Commission Recommendation on Proposed Transportation Program *12. Licenses 13. Adjournment �e t 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 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 Geral n Barone Pu lic 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- t 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 NO. 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- 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 he 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. Y Funk's facility on a month -to -month basis. He noted the City of Brook 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- i 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 NO. 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. 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 -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 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- 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, Fremont /Girard, 55th to 57th Avenues. He inquired if anyone wished to address the Council. 9/10/90 -11- 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 1989 -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 NO. 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 econded b y y 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 b 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 esolution and moved its adoption: e ado g P 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 eviewed a set of slides showing he alley befo re Y g Y 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 NO. 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 the agreed the access to her garage is Y g difficult S he noted she g g 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 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- I 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 ly 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. 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 Mayor or 9/10/90 -18_ CITY OF BROOKLYN CENTER Council Meeting Hate 9/24/90 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING PURCHASE AGREEMENTS FOR 69TH AVENUE RIGHT -OF -WAY, IMPROVEMENT PROJECT NO. 1990 -10 ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: SY KNAPP, DIREC;'OR OF PUBLIC WORKS rt MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached ) Evergreen Land Services has negotiated purchase agreements with the property owners at 3600, 3806, and 3900 69th Avenue North. These agreements are based on appraised values of: Marlys Armstrong, 3600 69th Avenue - $75,000; James & Elaine Sorenson, 3806 69th Avenue - $81,000; and Gregory & Debbie Bendel, 3900 69th Avenue - $76,000. The Sorenson agreement stipulates that the City agrees to pay the cost of a diseased tree removed from their property by the City's contractor in 1990. These offers are acceptable to the property owners, and they have signed the agreements. The dates of closing have yet to be finalized. The City Attorney is working with Evergreen and Public Works staff to review and finalize all details. Previous Council Action The Council on May 7, 1990 approved a resolution which provided for the negotiated purchase of real property for project 1990 -10. This resolution authorized the City Manager to negotiate with the owners of the properties to be acquired for this project, and directed him to offer to the owners the amount determined by appraisal and review appraisal. Such purchase agreements are subject to approval and ratification by the City Council. City Council Recommendation As all parties agree to the sale of the properties for their appraised value, a resolution is provided that approves and ratifies the purchase agreements. 7Q 9 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PURCHASE AGREEMENTS FOR 69TH AVENUE RIGHT -OF -WAY, IMPROVEMENT PROJECT NO. 1990 -10 WHEREAS, by Resolution No. 90 -66 adopted on March 26, 1990, the City Council ordered the reconstruction of 69th Avenue between Noble Avenue North and Shingle Creek Parkway, Improvement No. 1990 -10; and WHEREAS, by Resolution No. 90 -84 adopted on April 23, 1990, the City Council approved a right -of -way plan depicting properties to be acquired for the project; and WHEREAS, by Resolution No. 90 -95 adopted on May 7, 1990, the City Council authorized the City Manager to negotiate the purchase of these properties, and directed the City Manager to offer to the property owners the amount determined by appraisal and review appraisal; and WHEREAS, the owner of the property at 3600 69th Avenue has accepted the City Manager's offer of the appraised value, and has executed a purchase agreement to that effect; and WHEREAS, the owners of the property at 3806 69th Avenue have accepted the City Manager's offer of the appraised value, and have executed a purchase agreement to that effect; and WHEREAS, the owners of the property at 3900 69th Avenue have accepted the City Manager's offer of the appraised value, and have executed a purchase agreement to that effect; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The terms of the purchase agreements are hereby approved. 2. The City Manager is directed to proceed with the purchase of the properties at 3600, 3806, and 3900 69th Avenue North. 3. The City Manager and Mayor are authorized to execute the purchase agreements. RESOLUTION NO. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 9/24/9 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING BIDS FOR IMPROVEMENTS AT CITY GARAGE, IMPROVEMENT PROJECT NO. 1990 -17 DEPT. APPROVAL: SY KNAPP, DI TOR OftPUBLIC WORKS A 01 MANAGER'S REVIEW /RECOMMENDATION: t om: •�T.iJ9f,� k No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) The 1990 Government Buildings General Fund budget includes $22,000 for "Phase One" of remodeling at the City Garage. This remodeling of the stairs and upper level of the Garage, which includes the lunch room, locker room, showers and toilet, would: replace the flooring, install a dropped ceiling, paint the walls, and retile in the showers and toilet. On June 25, 1990 the City Council, based on staff recommendation, authorized Mjorud Architecture to develop plans and specifications for the project at a cost not -to- exceed $3200. Bids for construction of this project in accordance with the plans and specifications prepared by the architect were received on September 18, 1990. Following is a tabulation of the two bids received: Alternate* Alternate ** Bidder Base Bid #1 (deduct) #2 (add) W. H. Cates Construction $20,300 ($1100) $800 Cottonwood Construction $22,980 ($1120) $880 *Alternate No. 1 provides an optional deduct for installing plastic the in the shower areas instead of the ceramic tiles provided in the base bid. * *Alternate No. 2 provides an optional addition for repainting all existing lockers in the locker room, using an electro- static spray application i method. This option was included to allow the City an opportunity to have this work done under a separate contract at a later date if the general contractor's price for this work was unreasonably high. It is my opinion that the cost savings for using plastic tile in lieu of ceramic (Alternate 1) would not be cost effective in the long term. Also, it is our opinion that the cost of spray painting the lockers is very reasonable. Accordingly, we recommend accepting the bid of the low bidder, (i.e. W. H. Cates Construction), based on their base bid plus Alternate No. 2, i.e. $20,300 plus $800 = $21,100. Approval of this recommendation would result in a total project cost of $24,300 (i.e. $21,100 contract cost plus $3200 architectural fees), thereby exceeding the line item budget for this improvement by $2300. However, because of the cost underruns on other projects, there are sufficient funds in the Division 19 capital outlay budget to cover these costs. W.H. Cates Construction has previously completed a similar project for the City satisfactorily, and it is our opinion that he is a responsible contractor. P p City Council Action Required A resolution is provided for consideration by the City Council. • i 7e Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BIDS FOR IMPROVEMENTS AT CITY GARAGE, IMPROVEMENT PROJECT NO. 1990 -17 WHEREAS, the City has received the following bids for Phase One remodeling of the City Garage in accordance with plans and specifications therefore as prepared by Mjorud Architecture: Alternate* Alternate ** Bidder Base Bid #1 (deduct) #2 (add) W. H. Cates Construction $20,300 ($1100) $800 Cottonwood Construction $22,980 ($1120) $880 AND, WHEREAS, the Director of Public Works has recommended that the City accept the low bid of W.H. Cates Construction based on the base bid plus Alternate No. 2, i.e. $20,300 + $800 = $21,100. AND, WHEREAS, adequate funding to pay these costs is available within the 1990 budget for Government Buildings Division 19 of the General Fund, Object No. 4520. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The bid of W.H. Cates Construction for the base bid and Alternate No. 2, in the total amount of $21,100 is hereby accepted. The Mayor and City Manager are hereby authorized and directed to enter into contract with said firm on the basis of their bid. 2. All costs for this improvement shall be charged to the Government Buildings Division 19 of the General Fund, Object No. 4520. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly ul passed and adopted. y P P CITY OF BROOKLYN CENTER Council Meeting Date 9/24/9 Agenda Item Number �Ze REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ACCEPTING BIDS FOR REPLACEMENT OF BOILER BURNERS FOR HVAC SYSTEM SERVING THE CIVIC CENTER, IMPROVEMENT PROJECT NO. 1990 -20, CONTRACT 1990 -H ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: SY KNAPP, DIREMR OF'P BLIC WORKS MANAGER'S REVIEW RECOMMENDATION: V No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) The 1990 Government Buildings Division General Fund budget includes two line items relating to improvements to the HVAC system which serves the Civic Center buildings, i.e.. for replacement of the boiler burners ................$17,940 for extension of the existing stack ..................$10,350 The primary reason for proposing the extension of the stack was that, at times when the burners have been switched over to the use of fuel oil (i.e. - on standby use) while winds were in the northwesterly quadrant, heavy fuel oil odors from the stack have frequently been pulled into the air intake (located just outside the front door of City Hall) and distributed throughout the City Hall. Several contractors had recommended the extension of the stack to solve this problem. In reviewing this matter with Oftedahl, Locke & Broadston (OL &B), the consulting engineers who prepared specifications for the replacement of the boiler burners, they have advised us that, in their opinion, the majority of the odor problem will be eliminated by replacing the boiler burners, because the new burners should achieve a much greater percentage of combustion. Accordingly, OL&B recommends, and we agree, that extension of the stack be indefinitely postponed until we see the actual results of the new burner installation. Regarding the installation of the new burners, 4 bids for this work were received on September 18, 1990 in accordance with the specifications prepared by OL &B. Those • bids are as follows: Bidder Bid Amount • Brady Mechanical Services, Inc. $13,870 Fuel Economy Contracting Co. 15,787 Egan & Sons Co. 15,935 Palen /Kimball Company 22,487 The low bidder (Brady Mechanical Services Inc.) has never done any work for the City. Also, OL&B have had no experience with this contractor. However, reference checks indicate that: • This is a small, relatively new company (4 years old) whose principals have extensive experience with larger, established companies. • The company has done work for a number of clients, including the University of Minnesota, and we received good reports regarding their work. • The burner manufacturer representative who works with this firm, as well as the other bidders, gives Brady an excellent rating. Accordingly, we recommend that the bid of Brady Mechanical Services, Inc. be accepted. City Council Action Required A resolution is provided for consideration by the City Council. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ACCEPTING BIDS FOR REPLACEMENT OF BOILER BURNERS FOR HVAC SYSTEM SERVING THE CIVIC CENTER, IMPROVEMENT PROJECT NO. 1990 -20, CONTRACT 1990 -H WHEREAS, the City has received the following bids for the replacement of the boiler burners for the HVAC system serving the Civic Center: Bidder Bid Amount Brady Mechanical Services, Inc. $13,870 Fuel Economy Contracting Co. 15,787 Egans & Sons Co. 15,935 Palen /Kimball Company 22,487 AND, WHEREAS, the Director of Public Works has advised the Council that reference checks indicate that the low bidder, Brady Mechanical Services, Inc., is a responsible bidder who is capable of successfully completing this project. AND, WHEREAS, adequate funding for this work is available within the 1990 budget for Government Buildings Division 19 of the General Fund budget, Object No. 4520. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The bid of Brady Mechanical Services, Inc. in the amount of $13,870 is hereby accepted. The Mayor and City Manager are hereby authorized and directed to enter into contract with said firm on the basis of their bid. 2. All costs for this improvement shall be charged to the Government Buildings Division 19 of the General Fund, Object No. 4520. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 9/24/9 Agenda Item Number I_ REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR CENTRAL PARK ATHLETIC FIELD IRRIGATION SYSTEM, IMPROVEMENT PROJECT NO. 1990 -07 DEPT. APPROVAL: Ae //� , -� SY KNAPP, OF PUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: r d V No comments to supplement this report Comments below /attached ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached Yes ) • The 1990 budget request for the Parks Maintenance Division included a request for $63,300 to install a "Water Service and Sprinkler System" to serve the Central Park athletic fields and plaza. As proposed at that time, this project would have included: o construction of a water main which would have provided water supply: (1) to a trailer mounted water reel and nozzle for the purpose of irrigating the 3 athletic fields in Central Park; (2) to the existing irrigation system in the Central Park Plaza (now supplied by a well; and (3) to provide a connection for a future fire supply "loop" if the Civic Center complex is expanded at some future date; and o purchase of the water reel and nozzle for the purpose of irrigating the athletic fields (see descriptive brochure from one supplier attached). A subsequent review of that proposal indicated that the original cost estimate was too low, and that a more realistic cost estimate was $91,550. Because this estimated cost was viewed as being too high, and because of budget restrictions, no funding was provided in the approved 1990 budget. However, the Council , c' g n it expressed support for the concept of providing an irrigation system for the athletic fields, and suggested funding such a project from the Capital Projects Fund. • Accordingly, staff has now developed a concept to install a 6 -inch diameter PVC water service line which is only capable of providing a water supply for the purpose of irrigating the athletic fields, using a water reel. Such service line would be • installed along the route shown on the attached sketch, and would be installed at a minimum depth of 3 to 4 feet to avoid disturbance of the unstable soils and fill materials which exist in this area. This line would provide service only during summer months and would not serve the other functions proposed under the original concept (service to the plaza irrigation system and a future loop around City Hall). Plans and specifications for this project have been prepared and the costs for this project are estimated at $36,000 ($30,000 for the water service line and $6000 for the water reel and nozzle). City Council Action Required A resolution is provided for consideration by the City Council. This resolution, if adopted, will: • appropriate fund for the project from the Capital Projects Fund; and • approve the plans and specifications for the construction project, and authorize advertising for bids on that project; and • authorize the solicitation of separate proposals for the furnishing of the water reel and nozzle. (This is recommended because while both components are needed to provide the system which the City needs, the purchase of the water reel is totally independent of the water service line installation. Inclusion • of this purchase into the construction contract would surely result in a 10% to 20% carrying charge by the contractor.) i ice.• � �� � � • i '' v :i d dr- A g v . r NO £ kh- v °s fi 3 ^{ 1 St x tY t r } PROPOSED IRRIGATION SYSTEM \ � 1 � � 1 TO EXIST". 76 PROPOSED IRRIGATION LINE f / SOFTBALL \ i I AND FOOTBALL ` BASEBALL t f I I t t I i I I i \\� . EXISTING 16' WATER MAIN CENTRAL PARK Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR CENTRAL PARK ATHLETIC FIELD IRRIGATION SYSTEM, IMPROVEMENT PROJECT NO. 1990 -07 WHEREAS, it is the opinion of the City Council that it is necessary to install an irrigation system to assure the ability to provide adequate maintenance of the athletic fields in Central Park; and WHEREAS, the City Engineer has prepared plans and specifications for the installation of such irrigation system and for the purchase of the needed equipment, and has estimated the costs thereof at $36,000; and WHEREAS, the Capital Projects Fund was established by Resolution No. 68 -246 for the purpose of financing major permanent facilities as needed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The proposed project will be designated as Project No. 1990 -07. 2. The plans and specifications for installation of the irrigation system and for the purchase of the needed equipment, as prepared by the City Engineer, are hereby approved. 3. The City Clerk shall prepare and cause to be inserted in the official newspaper an advertisement for bids for the making of such improvement in accordance with the approved plans and specifications. Such advertisement shall be published in accordance with the requirements of state laws. 4. The City Manager is hereby authorized and directed to request proposals for the furnishing of the specified irrigation equipment. 5. All costs for this project shall be allocated from the Capital Projects Fund. RESOLUTION NO. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 9/24/9 Agenda kern Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION PROVIDING FOR SENIOR CITIZEN DEFERMENT OF PORTIONS OF CERTIFIED SPECIAL ASSESSMENTS ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: SY KNAPP, ;RECTOR OKPUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) • City Council Resolution No. 78 -87 established City policy for deferral of special assessments by certain senior citizens, and Resolution No. 85 -143 extended that provision to persons retired due to permanent and total disability. Three persons have applied for and are eligible for deferment of a portion of their special assessments for alley improvement projects 1989 -08, 1989 -16, and 1989 -17. Mrs. Ethel Mantz, 5652 Girard Avenue North (1989 -08), is proposed to be assessed $3,016.13. She is eligible to defer $2,033.04. If the deferment is approved, the reduced assessment would be $983.09. Sigmund J. Wrobel, 5330 Emerson Avenue North (1989 -16), is proposed to be assessed $1,176.84. He is eligible to defer $382.53. If the deferment is approved, the reduced assessment would be $794.31. Mary Adelaide Knight, 4721 Lakeview Avenue North (1989 -17), is proposed to be assessed $1,778.71. She is eligible to defer $1,072.06. If the deferment is approved, the reduced assessment would be $706.65. Council Action Re 4 uired A resolution approving the deferments and amending the proposed special assessment levy roll is provided. • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION PROVIDING FOR SENIOR CITIZEN DEFERMENT OF PORTIONS OF CERTIFIED SPECIAL ASSESSMENTS WHEREAS, City Council Resolution No. 78 -87 provided for the deferment of special assessments by senior citizens, and Resolution No. 85 -143 extended that provision to persons retired due to permanent and total disability; and WHEREAS, the Council has received and considered applications from certain persons for deferment of special assessments; and WHEREAS, the Council has found that certain persons are eligible for deferment of a portion of their proposed special assessments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The deferral of $2,033.04 of the proposed $3,016.13 assessment on PID #01- 118 -21 -32 -0044 on Levy #11790 is hereby approved, and the assessment is amended to $983.09. 2. The deferral of $382.53 of the proposed $1,176.84 assessment on PID #09- 118 -21 -33 -0130 on Levy YJ11792 is hereby approved, and the assessment is amended to $794.31. 3. The deferral of $1,072.06 of the proposed $1,778.71 assessment on PID 1110- 118 -21 -32 -0033 on Levy #11793 is hereby approved, and the assessment is amended to $706.65. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 9/24/9 Agenda Item Number 'Jf" REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES DEPT. APPROVAL: — S4 - ��' SY„ N PP, DtR CTOR OF PUBLIC WORKS MANAGER'S REVIEW RECOMMENDATION: •,€!���,f, V No comments to supplement this report Comments below /attached • SUMMARY EXPLANATION: (supplemental sheets attached ) The attached resolution represents the official Council action required to expedite removal of the trees most recently marked by the City tree inspector, in accordance with approved procedures. It is anticipated that this resolution will be submitted for Council consideration each meeting during the summer and fall as new trees are marked. Recommendation It is recommended the Council adopt the attached resolution. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED SHADE TREES (ORDER NO. DST 09/24/90) WHEREAS, a Notice to Abate Nuisance and Shade Tree Removal Agreement has been issued to the owners of certain properties in the City of 3rooklyn Center giving the owners twenty (20) days zo remove shade trees on the owners' property; and WHEREAS, the Cit�v can expedite the removal of these shade trees by declaring them a public nuisance: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COU`3CIL of the City of Brooklyn Center, Minnesota that: 1. The shade trees at the following addresses are hereby declared to be a public nuisance. PROPERTY OWNER PROPERTY ADDRESS TREE NLMBEt D ARREN MITCHELL 5350 IRVING AVE N 494 DARREN MITCHELL 5350 IRVING AVE N 495 JOEL. ERICKSEN 3218 65TH AVE N 572 DUANE TONSAGER 5949 VINCENT AVE N 573 KENNETH ROBECK 6424 TOLEDO AVE N 574 CITY OF B.C. 4201 CO. RD. 10 575 RODNEY SNYDER 6408 WILLOW LZN N 576 BRIAN HUNT 1120 69TH AVE N 577 BRIAN HINT 1120 69TH AVE N 578 BRIAN HUNT 1120 69TH AVE N 579 NAOMI R. EASTMAN 6337 BRYANT AVE N 580 NAOMI R- EASTMAN 6337 BRYANT AVE _d 581 NAOMI R. EASTMAN 6337 BRYANT AVE N 582 NAOMI R. EASTMAN 6337 BRYANT AVE N 583 NAOMI R. EASTMAN 6337 BRYANT AVE _d 584 NAOMI R. EASTMAN 6337 BRYANT AVE N 585 NAOMI R. EASE N 6337 BRYANT AVE N 586 JOSEPH BENVER 5418 FR MONT AVE N 587 JOSEPH BENVER 5418 FRMONT AVE N 588 BARBARA MATTHEWS 5420 GIRARD AVE '-v 589 CURTIS ANDERSON 5254 ETN`ING AVE N 590 RAYMOND /CAROL KROLL 3813 EC?.BERG DR 591 ROBERT ZIMMERHANN 5533 FRANCE AVE N 592 DE_a`v PEARSON 5700 DU ?ONT AVE -' 593 DEAN PEARSON 5700 DU?ONT AVE N 594 DE-"_N PEARSON 5700 DU ?ONT AVE '_v 595 DE_ -ti PE_�2SON 5700 DU ?ONT AVE `v 596 TR= -STATE LAND CO. 4837 FR -*ICE AVE _v 597 TRI -STATE La ";'D CO. 4837 FR =_VCE AVE N 598 i TR -STATE La'-':D CO. 4837 FR -'SCE AVE _v' 599 RESOLUTION NO. 2. After twenty (20) days from the date of the notice, the property owners will receive a second written notice that will give them (5) business days in which to contest the determination of City Council by requesting a hearing in writing. Said request shall be filed with the City Clerk. 3. After five (5) days, if the property owner fails to request a hearing, the tree(s) shall be removed by the City. 4. All removal costs, including legal, financing and administrative charges, shall be specially assessed against the property. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date q/ , :? 9 P Agenda hem Number REQUEST FOR COUNCIL CONSIDERATION Ll *************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ITEM DESCRIPTION: RESOLUTION AMENDING THE 1990 GENERAL FUND BUDGET TO PURCHASE EQUIPMENT NECESSARY FOR CONVERSION OF POLICE DEPARTMENT'S LOGIS COMPUTER SYSTEM *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: w Signature - title - Jarfes Vindsay, Chief of Police MANAGER'S REVIEW /RECOMMENDATION:�,�.�. , No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached P es P _Y —) The police department has used the LOGIS computer system, named POSSE, since 1983. This is a system of records management which LOGIS has upgraded through g Pg g the years. Because of further advancements in the computer field, several years ago the LOGIS users group decided it would be necessary to convert to a newer program which allowed more options for the users. At that time the decision was made to go with a program known as POSSE -VT. The police department did budget for the conversion at this time, including some equipment and training. The first LOGIS member cities converted to the POSSE -VT program found major problems with the program and the decision was made to research other programs to select a new one. The police department did carry the conversion costs over in the following year's budget because of this delay. When the conversion of Brooklyn Center's records to 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. The new program selected is called Command Data System or CDS. All police department's currently using the POSSE program would be converted to CDS and then the POSSE program would be dropped. An integral part of using this program • effectively is the Computer Aided Dispatch (CAD) option. Members of the police administration and the city's MIS coordinator have seen both test runs of the program and the program in practical operation in the Eagan Police Department. We believe Brooklyn Center would benefit from the conversion to the CDS /CAD package. The costs for the conversion were drawn up by the police administration and the MIS coordinator and were discussed by the city's data processing committee. The costs for the equipment and training can be placed into two groups. The first group are the items required to place CDS /CAD into operation (Option 1). This includes making two entry stations in the dispatch console, adding a status monitor and the training for all affected employees. The total for this part of the conversion would be $11,700. The second group (Option 2) would include a terminal which could be used for word processing (typing of reports) and access to the BCA for driver's license checks. It would also include four terminals for use by sergeants, investigators, street officers and property room personnel allowing them to access information without interrupting the work of dispatch personnel. The cost for this part of the package would be $9 The total cost of conversion would then be $20,792 if both groups are completed now. The City Manager recommends that we go with the total conversion (Option 1). A second option would be to go with the necessary items now at a cost of $11,700 and place the second group in the 1991 budget (Option 2). Attached are two resolutions; one requests the total of $20,792 be transferred now from contingency (Option 1) and the second represents the other option of transferring only $11,700 from contingency (Option 2). RECOMMENDATION: The City Council approve the resolution authorizing the total package of $20,792 (Option 1) for conversion of the police department's LOGIS computer system to the CDS /CAD package. 7 V OPTION 1 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1990 GENERAL FUND BUDGET TO PURCHASE EQUIPMENT NECESSARY FOR CONVERSION OF POLICE DEPARTMENT'S LOGIS COMPUTER SYSTEM WHEREAS, Section 7.09 of the City Charter of the City of Brooklyn Center does provide for a contingency appropriation as a part of the General Fund Budget, and further provides that the contingency appropriation may be transferred to any other appropriation by the City Council; and WHEREAS, the need has been established to convert the police department's LOGIS POSSE computer system to the new CDS /CAD computer system; and WHEREAS, the costs for this conversion in equipment and training have been established at $20,792. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the 1990 General Fund Budget as follows: Increase the Appropriations for the following line items: Data Processing Office Equipment Account No. 4551 $20,792 Decrease the Appropriations for the following line items: Unallocated Expenses Contingency Account No. 4995 $20,792 Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. OPTION 2 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AMENDING THE 1990 GENERAL FUND BUDGET TO PURCHASE EQUIPMENT NECESSARY FOR CONVERSION OF POLICE DEPARTMENT'S LOGIS COMPUTER SYSTEM WHEREAS, Section 7.09 of the City Charter of the City of Brooklyn Center does provide for a contingency appropriation as a part of the General Fund Budget, and further provides that the contingency appropriation may be transferred to any other appropriation by the City Council; and WHEREAS, the need has been established to convert the police department's LOGIS POSSE computer system to the new CDS /CAD computer system; and WHEREAS, the costs for this conversion in equipment and training have been established at $11,700. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center to amend the 1990 General Fund Budget as follows: Increase the Appropriations for the following line items: Data Processing Office Equipment Account No. 4551 $11,700 Decrease the Appropriations for the following line items: Unallocated Expenses Contingency Account No. 4995 $11,700 Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 9/24/9 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: AN ORDINANCE VACATING UTILITY AND DRAINAGE EASEMENTS IN DALE AND DAVIES 2ND ADDITION DEPT. APPROVAL: SY KNAPP, DtRE¢TOR OF / PUBLIC WORKS MANAGER'S REVIEW RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Y es Explanation The Council on August 27, 1990 conducted a first reading of an ordinance vacating drainage and utility easements in DALE AND DAVIES 2ND ADDITION. The owners of the subject property, Northwest Racquet, Swim & Health Clubs, Inc., have requested this vacation. Notice of second reading and a public hearing concerning this proposed ordinance was published in the Brooklyn Center PostNews on September 5, 1990. The City's public utility division and private utility companies have in the last month been notified and asked to comment. The City's public utilities division believes there are no City owned utilities located on the easements and no private utility companies have objected to the proposed vacation. Recommendation Conduct second reading and public hearing. After hearing, consider adoption of the proposed ordinance. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 24th day of September , 19 90 , at ? :30 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Vacating Utility and Drainage Easements in Lot 2, Block 1 and Lot 1, Block 2, DALE AND DAVIES 2ND ADDITION. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 569 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE VACATING UTILITY AND DRAINAGE EASEMENTS IN LOT 2, BLOCK 1 AND LOT 1, BLOCK 2 DALE AND DAVIES 2ND ADDITION THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. That all drainage and utility easements over, under and across Lot 2 Block 1 and Lot 1 Block - 2, DALE AND DAVIES 2ND ADDITION according to the recorded plat thereof, as dedicated on said plat: except those parts of said easement which were rededicated on the plat TENNIS ACRES TnO according to the recorded plat thereof: are hereby vacated Section 2. This ordinance shall be effective after adoption and thirty (30) days following its legal publication. Adopted this day of 19 Mayor ATTEST: City Clerk Date of Publication Effective Date FA E G R E & B E N S O N 2200 NORWEST CENTER 90 SOUTH SEVENTH STREET MINNEAPOLIS, MINNESOTA 55402 -3901 612/336 -3000 SUITE 1150, 8400 TOWER FACSIMILE 336-3026 2500 REPUBLIC PLAZA 8400 NORMANDALE LAKE BOULEVARD 370 SEVENTEENTH STREET BLOOMINGTON, MINNESOTA 55437 -1076 DENVER, COLORADO 80202-4004 612/921 -2200 303/592 -5900 FACSIMILE 921 -2244 FACSIMILE 592 -5693 SUITE 500 '0 EA TCHEAP 1140 CONNECTICUT AVENUE N.W. LONDON EC3M IET, ENGLAND WASHINGTON, D. C. 20036 -4001 O]I /623 - 6163 202/728 -0952 FACSIMILE 728 -0957 July 31, 1990 FACSIMILE 623 -3227 VIA MESSENGER City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 Attention: Mark Maloney City Engineer Re: 4001 Lakebreeze Avenue North Brooklyn Center Dear Mr. Maloney: Enclosed in connection with the subject matter is a copy of recent survey which was done for Northwest Racquet Swim and Health Clubs, Inc. You will note that I have highlighted drainage and utility easements on the survey which are drainage and utility easements from the previous plat, called Dale and Davies 2nd Addition; these easements were dedicated to the public on the plat, and since the property has been replatted we wish to vacate those easements. The legal description for the easements to be vacated is Lot 2, Block 1 and Lot 1, Block 2, Dale and Davies 2nd Addition. Please contact me at 336 -3535 if you need more information with regards to vacating these easements. Thank you. Sincerely, t Lori L. Howe LLH /pkk Legal Assistant Enclosure cc: Karin J. Birkeland 5845w DALE AND DAVIES 2nd ADDITION 3o 30 ' ,'`i .. L. r , L- t:. ,' 1 i V 1. L.l r �� j � � I� r f � t/.J �',,.� /� , , /' /' ��' i m m EAST 7 1 1 749 - - -- -- - m -- - --�-- _ - �, � { ' sT el 5 � \ 57.5& 41 6746 Ch B) 2724.29 4� wP ,•, y � -� «o _ \J ' M A P 1 TENNIS AS TWO EASEMENT4 TO BE RETAINED „` ;_ d I I 627.64 WEST o / ` Do— _9e f Ul, J. Easement 60 I h cu <j AI, It ln. ,If( a)n In nrl r'•131 Inl nuv�. t -Ivv t ^v _ � p 2 i (Z' 0 a LYj I // LY w �h4 S /.5.,.,/ 60 IA4,fa, Eex& G✓iarU•,/ ,.l nt 1 ° ,,,.9 ,.,,,.,y, LOT <.,, /- lO7 /B WEST i Lq KE@.f CE r E A0� /T /ON 6 j 3/) — - 714 Bo.00 q 149.74 3 WEST - -- - 1 . io � - r20 3 1 AZELIA AVE n I 6000 nES/ EASEMENTS TO BE VACATED / %,,,,, /• ,,, /, - -, - -- BLOCK i ayl� h R /lm,na9e F Ubby EosemeAl \. r ",C t o1 5yu ` ,,' 9 ° 1 , �J Z s E ( .'A Sq A m I I'+ �' m ( . `G % I' LAKESIDE AVE. • / I • +,"� AD . 1 �� 7. i ` 1 3 I ' + l �,.':.!`F /, •r`. _ ___ __� },� cl / \ u DENOTES [NON MONUMENT DEAI?INGS SIIOWNANE 446.32 [457 k- -1 ASSUMED ( ' Nyp �^ , �'f 3 ( 1'm- fvaa /lc/ n'./h /he T ffi 1,ne n/ [ 4 4 1 041 171 Alvq MN � r' • � c•i •�1- .Iu•• of r.l MAP 2 •Agile ..11,. CIT OF Y 6301 SHINGLE CREEK PARKWAY B ROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569 -3300 C ENTER FAX: 561 -0717 EMERGENCY - POLICE - FIRE September 4, 1990 911 Mr. Larry Benson Mr. Greg Sothern Northern States Power U.S. West 4501 68th Avenue 5910 Shingle Creek Parkway Brooklyn Center, MN 55429 Brooklyn Center, MN 55430 Mr. Steven Von Bargen Mr. Jim Morrison Minnegasco, Inc. King Video Cable P.O. Box 1165 6901 Winnetka Avenue Minneapolis, MN 55440 -1165 Brooklyn Park, MN 55428 Re: Easement Vacation Lot 2, Block and Lot 1, Block 2 DALE AND DAVIES 2ND ADDITION 4200 Lakebreeze Avenue North Brooklyn Center , Minnesota On August 27, 1990, the City Council of the City of Brooklyn Center considered adoption of the attached ordinance. The proposed ordinance will vacate part of a utility and drainage easement at 4200 Lakebreeze Avenue North (Lot 2, Block 1 and Lot 1, Block 2, DALE AND DAVIES 2ND ADDITION). The site is currently occupied by Northwest Racquet Club. I have highlighted the proposed vacation on the attached map. P Please review the description and proposed ordinance and determine whether you need this easement to construct, maintain or access your existing or proposed facilities. We need you written reply by September 19, 1990, if the easement should not be vacated. If you need any additional details, please call me at 569 -3340. Sincerely, Mark J. Maloney, P. City Engineer Attachment cc: Easement Vacation, Section 10 �, "�esui,u�cacrtr � I%SP Northern States Power Company Brooklyn Center Area 4501 68th Avenue North Brooklyn Center, Minnesota 55429 -1798 Telephone (612) 569 -0200 September 6, 1990 Mr. Mark J. Maloney, P.E. City Engineer City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: Easement Vacation Lot 2, Block and Lot 1, Block 2 Dale and Davies 2nd Addition 4200 Lakebreeze Avenue North Brooklyn Center, Minnesota Dear Mark: In regard to the above mentioned easement, Northern States Power Company does not object to it being vacated. Sincerely,; Larry Benson Community Services Manager NORTHERN STATES POWER COMPANY Brooklyn Center Area Office CITY 6301 SHINGLE CREEK PARKWAY OF :BFROOKLYN BROOKLYN CENTER, MINNESOTA 55430 TELEPHONE: 569 -3300 C ENTER FAX: 561 -0717 EMERGENCY - POLICE - FIRE September 4, 1990 911 Mr. Larry Benson Mr. Greg Sothern Northern States Power U.S. West 4501 68th Avenue 5910 Shingle Creek Parkway Brooklyn Center, MN 55429 Brooklyn Center, MN 55430 L. Steven Von Bargen Mr. Jim Morrison Minnegasco, Inc. King Video Cable P.O. Box 1165 6901 Winnetka Avenue Minneapolis, MN 55440 -1165 Brooklyn Park, MN 55428 Re: Easement Vacation Lot 2, Block and Lot 1, Block 2 DALE AND DAVIES 2ND ADDITION 4200 Lakebreeze Avenue North Brooklyn Center, Minnesota On August 27, 1990, the City Council of the City of Brooklyn Center considered adoption of the attached ordinance. The proposed ordinance will vacate part of a utility and drainage easement at 4200 Lakebreeze Avenue North (Lot 2, Block 1 and Lot 1, Block 2, DALE AND DAVIES 2ND ADDITION). The site is currently occupied by Northwest Racquet Club. I have highlighted the proposed vacation on the attached map. Please review the description and proposed ordinance and determine whether you need this easement to construct, maintain or access your existing or proposed facilities. We need you written reply by September 19, 1990, if the easement should not be vacated. If you need any additional details, please call me at 569 -3340. Sincerely, Mark J. Maloney, P. City Engineer Minnegasco, Inc. has no facilities within the above described area and has no objection to its vacation. Thank you for the advance notice. St�even'Von Bargeli CITY OF BROOKLYN CENTER Council Meeting Date 9I?4/90 Agenda item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: An Ordinance Amending Chapter 35 of the City Ordinances Regarding the Zoning of Certain Land DEPARTMENT AP L: Signature - title Director of Planning and Igspecti on ,� MANAGER'S REVIEW /RECOMMENDATION: ::000 No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached X ) On August 27, 1990 the City Council approved Planning Commission . Application No. 90022 which was a City initiated rezoning of six ® parcels of land lying southerly of I -94 and northerly of Summit Drive between Shingle Creek Parkway and Highway 100. This application comprehended the rezoning of these parcels from I -1 (Industrial Park) to ClA (Service /Office - no height limit) . Attached is a map of the area highlighting the property which was rezoned under this application. Also at that meeting, as part of the rezoning process, the City Council held a first reading on an ordinance amending the Zoning Ordinance to describe the property being rezoned so that it will appear in the appropriate zoning districts within the City's ordinances. This is the last step in the rezoning process, but is considered a housekeeping matter. Recommendation It is recommended that the City Council, following a public hearing on this ordinance amendment, adopt the ordinance. A two thirds vote is required. CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 24th day of September , 1990 at 7:30 p . m . at the City Hall, 6301 Shingle Creek Parkway to consider an amendment to the Zoning Ordinance regarding the zoning of certain land. Auxiliary aids for handicapped are available upon request 96 hours in advance. Please notify the Personnel Coordinator at 561 -3300 to make arrangements. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING THE ZONING OF CERTAIN LAND THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 35 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Section 35 -1180. SERVICE /OFFICE DISTRICT (C1A) . The following properties are hereby established as being within the C1A Service /Office District zoning classification. Tract A, R.L.S. 1543. Lots 1 and 2 Block 2 Brookdale Corporate Center Addition. Lots 1 and 2, Block 1 Brooklyn Farm Plat Tracts D and E, R.L.S. No. 1380 except highway. Section 35 -1200. INDUSTRIAL PARK DISTRICT (I -1). The following properties are hereby established as being within the (I- 1) Industrial Park District zoning classification: [Lots 1 and 2, Block 2, Brookdale Corporate Center Addition Lots 1 and 2, Brooklyn Farm Plat Tracts D and E, R.L.S. No. 1380, except highway] Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. ORDINANCE NO. Adopted this day of , 1990. Mayor ATTEST: Clerk Date Published Effective Date (Brackets indicate matter to be deleted, underline indicates new matter.) y •• 11 / ► BROOKLYN CENTER • HiGm SCHOOL • ■unu■EIn�1 - r�F ■■ ■U■■///// y - MEN I 1I� s s .: /U. •tt•�/ �0• .� ?t • ' �� �, � • • �• S 0 iYi-r �L �• ,rte �s` • } 4 ���a� � 3 ,� � ' Z y • M � � OEM WINE IMIUMI NINE In MUM IS Mr. MINE MUM MUM M 019 cc MINE MINE a i - . �■ N_ MEE migm Mum MINE • a ♦ .■ o o n o .ME d IMME MEN IMME MIN AAMI MINE WINE IMEM 1� /I ■ _ _ IN IM IN MWIM we MWE NMIMI EN Go MEN WPA WASM MINE _ ���. • mar■■ ■� v •• ' ' '�■� ■■■U ■1 ■■■■UE3 ■ ■ ■t �� y �� _ e ♦ �� �� MIME CITY OF BROOKLYN CENTER Council Meeting Date 9/24/90 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RENEWAL OF PRIVATE KENNEL LICENSE - 4206 66TH AVENUE NORTH *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. A PROVAL: q xd� paae Administrative Aide Signature - title MANAGER'S REVIEW/RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached On July 24, 1989, the City Council approved a private kennel license for Sara Wiegand, 4206 66th Avenue North. This license will expire on September 30, 1990. At the time of the original approval, • the Council specified the final expiration of the license as September 30, 1991. There has been one complaint registered with the police department since the July 24, 1989, approval. This was a complaint of a dog and cat at large. 1 recommend approval of this application subject to two conditions: 1. Payment of the $30 license fee prior to September 30, 1990. 2. Proof of rabies vaccination for the cats. It should be noted that if this license is approved, it will have a final expiration date of September 30, 1991. At that time, Ms. Wiegand will be required to remove the excess animals. Under the ordinance, she would be allowed to have two dogs and three cats. M E M O R A N D U M DATE: September 12, 1990 TO: Gerald Splinter, City Manager FROM: Mary Fandrey, Public Health Sanitarian SUBJECT: 4206 66th Avenue North - Kennel Application On September 11, 1990, I conducted an unannounced kennel inspection in order to make a recommendation on the renewal ofthe Wiegand Private Kennel license. When I arrived, the three dogs were in the house. There was very little barking, even when I rang the doorbell. The kennel area was clean, as was the yard. The animal waste is removed weekly by a licensed hauler. The animals have protection from weather extremes by having access to the insulated garage which adjoins the kennel. The three dogs are currently vaccinated against rabies, but the two cats currently are not. I would recommend renewal of the kennel application, subject to the vaccination of the cats. MEF:jt CITY OF BROOKLYN CENTER Council Meeting Date 9 - 2 4 - 9 0 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PUBLIC HEARING REGARDING WEED DESTRUCTION SPECIAL ASSESSMENTS DEPT. APPROVAL: SY KNAPP, DIREgYOR OF PUBLIC WORKS MANAGER'S REVIEW /RECOMMENDATION: ;r No comments to supplement this report Comments below /attached *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** SUMMARY EXPLANATION: (supplemental sheets attached The City Council held a public hearing on September 10, 1990 regarding proposed • special assessments for weed destruction charges. The property owner at 7205 Fremont Avenue North, Mr. Richard R. Adams, filed a written objection to his proposed assessment with the City Clerk prior to the hearing. Mr. Adams was not present at the hearing. The Council tabled certification of this assessment, to be reconsidered at an adjourned hearing. Explanation Mr. Adams contends that he was never notified of any noxious weed problem. He notes that he has asked his neighbors if they were aware of a weed problem on his property, and that none were. Staff Report The city's weed inspector cited the property at 7205 Fremont on July 27, 1990, for an excessively overgrown lawn. A notice to mow the lawn was sent by certified mail to the property on July 27, 1989. The notice stated that the owner had seven days from the date of the notice to mow the lawn. This property is owned by Richard R. Adams. It was previously owned by Kathleen F. and Richard R. Adams. Assessor's office records indicate that there was a divorce decree in 1978, and that Ms. Adams quit claimed her interest in the property to Mr. Adams on May 6, 1988. • The inspector's notice generated on July 27, 1989 was sent by certified mail to Kathleen Adams at 7205 Fremont. The notice was claimed on August 4, 1989 by her, with her signature reading Kathleen Merhiy (Adams). The lawn was cut by the city's weed cutter on August 9, 1989. The cutter spent is 2 1/2 hours mowing this 76' x 134' lot. A bill for $137.50 was sent to Richard R. Adams by certified mail on October 25, 1989. It was returned unclaimed. In summary, proper notice was made to the address in question. However, the notice was addressed to the owner's apparent ex -wife, who was no longer an owner of the property. The property did receive a service from the city; the excessively long lawn was cut. The invoice for this service, which would also have been notice of this hazard abatement, was addressed to the legal property owner, and was returned unclaimed. Staff Recommendation While there was confusion over the addressee of the original inspector's notice, it is noted that the notice was sent to the proper address. It is not known if Kathleen Merhiy told Mr. Adams of this notice, or passed it along to him. The weed cutter unquestionably spent 2 1/2 hours mowing the lawn at this property. It is recommended that the Council certify the special assessment as proposed. lDa a Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING ONE SPECIAL ASSESSMENT FOR WEED DESTRUCTION TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed special assessment on PID# 25- 119 -21 -32 -0015, 7205 Fremont Avenue North for weed destruction charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The special assessment in the amount of 137.50* is hereby accepted and added to Levy #11789 and shall constitute the special assessment against the land named herein. This tract of land is hereby found to be benefitted by the improvement in the amount levied against it. 2. The assessment shall be payable in one annual installment, payable with ad valorem taxes in 1991, and shall bear interest at the rate of ten (10) percent per annum from October 1, 1990. To the first installment shall be added interest on the entire assessment from October 1, 1990 until December 31, 1991. 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. *Note: This is the amount proposed to be assessed. If the Council chooses to amend the assessment, the amended figure should be inserted here. RESOLUTION NO. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 9 / 2 4 / 9 0 Agenda Item Number /Db REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PUBLIC HEARING REGARDING ALLEY IMPROVEMENT PROJECT 1989 -16, EMERSON /FREMONT, 53RD TO 54TH AVENUES *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: 02 SY KNAPP, OIRECTOR OF OUMIC WORKS MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes The City Council held a public hearing on September 10, 1990 regarding proposed special assessments for alley improvement project 1989 -16. The property owner at 5357 Emerson, Margarete Rosenow, was present at that hearing and objected • to the amount of her assessment. The Council tabled certification of this particular assessment, to be reconsidered at an adjourned hearing. Explanation Ms. Rosenow's garage is located approximately 15.8 feet from the edge of the alley (see Exhibit A). Because Ms. Rosenow's car is full -size, she finds it difficult to turn it into the garage without driving on the driveway of her neighbor across the alley. Therefore, she rarely uses the garage, and parks in a parking area in the front part of the property. Ms. Rosenow contends that since she does not regularly use her garage, she should not be assessed for "direct access," but rather "indirect access." She also argues that she has in the past applied for a car port permit, and has been denied. Staff Report Exhibit B shows the configuration of the garages having similar access along the length of the alley, with the distance from the alley and width of garage door highlighted. There are five garages which face the alley. The garage at 5339 Emerson is closer to the alley than Ms. Rosenow's. Three garages have double -wide, or 16 foot doors. One garage, at 5303 Emerson, has an 8 foot door. Ms. Rosenow's garage door is 9 feet wide. A MNDOT standard turning template indicates that there is enough room for Ms. Rosenow to turn into her garage without driving on her neighbor's driveway. The turning template assumes a full -size vehicle. While Ms. Rosenow finds it difficult to use her garage, it certainly is not impossible. Some other property owner may not have the difficulty Ms. Rosenow experiences, and may well use the garage. In that case, the "direct access" charge would certainly be applicable. The proposed special assessment represents additional value to the property. The garage is now served by a concrete alley and apron. In this case, it is unfortunate that Ms. Rosenow believes she cannot take full advantage of the improvement. The City's Planning and Inspection Department has no record of a car port application from Ms. Rosenow, although the City Planner recalls that someone from that neighborhood inquired within the past several years about a car port, and was told that the setback requirements could not be met. Staff Recommendation Special assessments are charged against property. This property has direct access to its garage from the alley. It is staff's recommendation that one "direct access" special assessment be levied. • 0 EMERSON AVE. NO. I � i I P� I� V I N x VI N I X N r (n x �' J m O I m vo FREMONT AVE. NO. FREMONT AVE. NO. lo' OR WIDTH 16' ' ot MV t 1 . 6.4' I I L GAA 1 7 "`3 3/ � a D OR WID H ;— „, 9.11 ' 16' 3337 30• 30 DOOR WIDTH EMERSON AVE. NO. DOOR WIDTH 9' DOOR WIDTH 16' 8 ' EXHIBIT B /06 a Member introduced the following resolution and moved its adoption: RESOLUTION N0. RESOLUTION CERTIFYING ONE SPECIAL ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1989 -16 TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed special assessment on PID# 01- 118 -21 -33 -0110, 5357 Emerson Avenue North for the following improvement: ALLEY IMPROVEMENT PROJECT NO. 1989 -16 EMERSON /FREMONT, 53RD TO 54TH AVENUES LEVY #11792 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The special assessment in the amount of $1.176.84 is hereby accepted and shall constitute the special assessment against the land named herein, and this tract of land is hereby found to be benefitted by the improvement in the amount levied against it. 2. The assessment shall be payable in equal annual installments extending over a period of twenty (20) years. The first of the installments shall be payable with ad valorem taxes in 1991, and shall bear interest at the rate of ten (10) percent per annum from October 1, 1990. To the first installment shall be added interest on the entire assessment from October 1, 1990 until December 31, 1991. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. *Note: This is the amount proposed to be assessed. If the Council chooses to amend the assessment, the amended figure should be inserted here. RESOLUTION N0. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 9/24/9 Agenda Item Number I V C- REQUEST EST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PUBLIC HEARING REGARDING ALLEY IMPROVEMENT PROJECT NO. 1989 -17, LAKEVIEW /TWIN LAKE AVENUE, LAKEBREEZE TO LAKESIDE AVENUES DEPT. APPROVAL: SY KNAPP, DIRECT R OF' UBLIC WORKS, MANAGER'S REVIEW RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes ) The City Council held a public hearing on September 10, 1990 regarding proposed special assessments for alley improvement project 1989 -17, Twin Lake /Lakeview from Lakeside to Lakebreeze. The property owner at 4748/4752 Twin Lake Avenue, Ms. Betty Enge, was present and objected to her assessment. The Council tabled certification of this assessment, to be reconsidered at an adjourned hearing. Explanation Ms. Engels double bungalow is situated across the property line of two legal lots of record which have been combined for tax purposes. This parcel is located on the corner of Twin Lake and Lakebreeze Avenues. The structure has a tuck under double garage, which is accessed from both Twin Lake and Lakebreeze Avenues. There is a double garage behind the house, with a large driveway and parking area accessed from the alley. An apron and access existed prior to the alley improvement, and it was replaced as a part of the improvement. Because the parcel contains two legal lots of record, two unit assessments are proposed. As the house has vehicular access from both the alley and the street, it was proposed that one unit be identified as "direct access," and one as "indirect access." It is Ms. Engels contention that (1) because she has combined the lots for tax purposes, and because the existing structure is located such that an additional house could not be built on this parcel, she should be considered one buildable lot and be levied one unit assessment; and (2) because she uses the tuck under garage to park cars and the garage off the alley only for storage, she should be considered to have "indirect access." Staff Report • (1) Ms. Enge's parcel is composed of two legal lots of record, Lots 7 and 8 of Block 3 of the Lakebreeze Addition, which have been combined for tax purposes. These parcels may be uncombined at any time, even without moving or demolishing the existing building. The process requires filling out a simple one page form in the City Assessor's office. The assessor then makes any adjustments to the valuation of each lot, such as prorating the value to each lot of a building which straddles the lot lines, and notifies Hennepin County. There are no legal or engineering fees, nor any survey or title work required. There is no requirement that the lots be combined. While there are many combined lots in the southeast area of the City, there are several cases where the lots have remained uncombined. In residential areas, combination merely provides the convenience of a single tax statement. The two or more lots combined continue to legally exist until they are replatted or subdivided. The attached map shows the existing site plan of the parcel. The lots are currently zoned R -2. Both single family houses and double bungalows are permitted uses in an R -2 district. Section 35 -400 of City ordinances provides that lots which were of record as of December 19, 1957 may only be required to meet the setback and other density standards which were in effect prior to that date. The Lakebreeze Addition was platted in 1927. Using those standards, if the parcel were vacant, a single family home • could easily be constructed on each lot. (2) Ms. Enge notes that she does not use the alley garage for parking cars. However, cars are parked in the parking area. Because this access from the alley existed prior to the alley project, it was replaced as a part of the project. This parcel was originally proposed to be levied two direct access assessments. Ms. Enge objected and pointed out that she also has access to her property from the street. Because of the existence of the alley access prior to the project, staff maintained that at least one assessment should be at the direct access rate. However, staff did compromise and propose the second assessment at the indirect rate. Recommendation While Ms. Enge is correct in that she could not effectively use her two lots for two structures without removing the existing double bungalow, it remains that she owns two legal lots of record on which it is possible to build single family homes. And, the existing structure is a double - bungalow; i.e. - it contains two single - family units which generates as much traffic as two detached single family houses. The alley access existed prior to the project and exists and is used now. It is recommended that the Council levy two unit assessments. The City has compromised once with Ms. Enge by proposing one unit at the direct rate and one at . the indirect. If the Council should choose to levy two direct access units, it must do so at a new special assessment hearing, as that would increase the amount proposed to be levied against this parcel. If that is the wish of the Council, staff believes such a decision could be sustained. ' EXHIBIT A r N D rn J �i T� N 12 m 218.33 LAKEBREEZE AVE. NO. 218.33 D CA (475 ?) �- DWYN 7 HOUSE � . co O , 218.33 L _ GAR. I cn N L (4748) D r 218.33 r M 01i HOUSE f N _ J I GAR . J 218.33 10 BETTY ENGE LOTS 7 & 8 i 4748 & 4752 TWIN LAKE AVE. NO. I� ZONE R -2 EXISTING CONDITIONS EXHIBIT B LAKEBREEZE AVE. NO. AREA OF EXISTING LOTS AVAILABLE FOR SINGLE FAMILY HOUSING, BASED ON ORDINANCE. 218.33 Z j N D rn D m rn Rl • r Z 218.33 rn O � BETTY ENGE 4748 a 4752 TWIN LAKE AVE. NO. ZONE R -2 � POSSIBLE DEVELOPMENT Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING ONE SPECIAL ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1989 -17 TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed special assessment on PID# 10- 118 -21 -32 -0037, 4748/4752 Twin Lake Avenue North for the following improvement: ALLEY IMPROVEMENT PROJECT NO. 1989 -17 LAKEVIEW /TWIN LAKE, LAKEBREEZE TO LAKESIDE AVENUES LEVY #11793 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The special assessment in the amount of $2,301.86 is hereby accepted and shall constitute the special assessment against the land named herein, and this tract of land is hereby found to be benefitted by the improvement in the amount levied against it. 2. The assessment shall be payable in equal annual installments • extending over a period of ten (10) years. The first of the installments shall be payable with ad valorem taxes in 1991, and shall bear interest at the rate of ten (10) percent pr annum from October 1, 1990. To the first installment shall be added interest on the entire assessment from October 1, 1990 until December 31, 1991. to each subsequent installment, when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. *Note: This is the amount proposed to be assessed. If the Council chooses to amend the assessment, the amended figure should be inserted here. w I RESOLUTION N0, Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING ONE SPECIAL ASSESSMENT FOR IMPROVEMENT PROJECT NO. 1989 -17 TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed special assessment on PID# 10- 118 -21 -32 -0037, 4748/4752 Twin Lake Avenue North for the following improvement: ALLEY IMPROVEMENT PROJECT N0, 1989 -17 LAKEVIEW /TWIN LAKE, LAKEBREEZE TO LAKESIDE AVENUES LEVY #11793 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The special assessment in the amount of $2,301.86 is hereby accepted and shall constitute the special assessment against the land named herein, and this tract of land is hereby found to be benefitted by the improvement in the amount levied against it. 2. The assessment shall be payable in equal annual installments extending over a period of ten (10) years. The first of the installments shall be payable with ad valorem taxes in 1991, and shall bear interest at the rate of ten (10) percent per annum from October 1, 1990. To the first installment shall be added interest on the entire assessment from October 1, 1990 until December 31, 1991. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. *Note: This is the amount proposed to be assessed. If the Council chooses to amend the assessment, the amended figure should RESOLUTION NO. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was as dul seconded b g g Y Y member , and upon vote being taken thereon the P , g following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 9/24/90 Agenda Item Number lod REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PUBLIC HEARING REGARDING STREET IMPROVEMENT PROJECT NO. 1988 -18, WEST RIVER ROAD FROM 66TH TO 73RD AVENUES NORTH ********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: SY KNAPP, DlfqECTM OF PUBLIC WORKS ******************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * ** MANAGER'S REVIEW /RECOMMENDATION: No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached Yes ) The City Council held a public hearing on September 10, 1990 regarding proposed special assessments for street improvement project 1988 -18, West River Road. The property owner at 6836 West River Road, Mr. Ubaldo Ramos, was present at the hearing and objected to his assessment. The property owner at 7200 West River Road, Mr. William Olson, was present and objected to his assessment. The property owner at 7230, 7240, and 7250 West River Road was present and objected to his assessments. The Council tabled certification of these particular assessments, to be reconsidered at an adjourned hearing. The Council also tabled certification of the two other property owners proposed to be assessed for double -wide parcels, although the hearing was closed on them. At this hearing the Council approved the deletion of four assessments from the levy roll. These assessments were on properties located on corners, or which otherwise have frontage on two streets. City policy allows owners of such properties to choose which street improvement project for which they would prefer to be assessed. On September 11, staff received a response from the owner caner of two such parcels, and this item also discusses that request. History Existing City policy provides that special assessments for street improvement projects will be levied on a unit basis, i.e. per "buildable parcel," based on land availability and based on zoning of the land, rather than on existing land usage or existing subdivision. It is on that basis that the original improvement hearings were conducted, on which the proposed assessment roll has been prepared by City • staff, and on which the assessment hearing was conducted. It is noted that an alternate method of assessing properties for street improvements is to levy assessments based on the frontage of the properties on the street. That 2 • method was used by Brooklyn Center until about S years ago, and is probably still used by more cities than the unit basis. However, Brooklyn Center's policy was changed because the City Council concluded that the unit basis is a better measure of benefit than the frontage method, since the volume of traffic to and from a parcel of property is more directly related to the number of housing units which exist, or could be built, on that property than to the frontage of the property. EXPLANATION : DOUBLE -WIDE PARCELS Mr. Ramos and Mr. Olson, along with the owners of 6842 and 6712 West River Road, own parcels which can be legally subdivided into two or more buildable lots. As described above, City special assessment policy states that street improvement assessments are levied on a unit basis, per "buildable lot." It is proposed to levy two unit assessments against each of these properties. It is both Mr. Ramos' and Mr. Olson's contentions that since their homes are located such that the parcels cannot be divided without moving or demolishing the structures, and since they have no plans for doing so, the parcels should each be considered as one buildable lot, and that only one assessment unit should be levied. Staff Report The Council requested an analysis of each of the four properties proposed to be assessed with two unit assessments. These analyses are provided below. Sketches of current site plans are attached, along with the City Engineer's and the Planning Department's analyses of potential parcel divisions. Ramos - 6836 West River Road The dimensions of the parcel in question are shown on the attached map (Exhibit A). If no regard is taken for the location of the current house, the parcel is subdividable down the middle into two lots with adequate frontage and more than adequate depth (see Exhibit B). Taking into account the location of the house, an additional lot with frontage along West River Road can be made such that the house retains adequate frontage on West River Road (see Exhibit C). Summary: The parcel can legally be subdividable both without regard to the current house location and also taking into account the current house. Recommendation: Levy two unit assessments. Olson - 7200 West River Road This parcel is located on the corner of West River Road and 72nd Avenue North. Its access is from 72nd Avenue. This parcel is approximately twice the size of most of its neighbors. The existing home is located in the middle of the parcel. The dimensions of the parcel in question are shown on the attached map (Exhibit D). If no regard is taken for the location of the current house, the parcel is subdividable into two lots, either north -south or east -west. Taking into account the location of the house, the parcel is not legally subdividable. 3 If the parcel were to be subdivided east -west (see Exhibit E), two parcels fronting West River Road would be created. The corner parcel would be eligible to choose to be assessed for West River Road or 72nd Avenue improvements, but the inner parcel would be accorded no choice. If the parcel were subdivided north -south (see Exhibit F), two parcels fronting 72nd Avenue would be created. One parcel would have West River Road frontage, and would be accorded a choice, and the other parcel would not be assessed for West River Road but for 72nd Avenue. It is our belief that the east -west subdivision would be the most probable choice if this property is subdivided in the future. Summary: The parcel is legally subdividable without regard to the location of the existing house, but is not subdividable when that location is taken into account. Recommendation: Levy two unit assessments. Allowing the Olsons to choose to pay one unit assessment now and one later when 72nd Avenue is improved (assumes a future east -west division). The Council at the September 10, 1990 hearing approved deferral of one of the Olson's assessments. Berg - 6842 West River Road The dimensions of the parcel in question are shown on the attached map (Exhibit A). If no regard is taken for the location of the current house, the parcel is subdividable into two, three, or four lots (see Exhibit B). Taking into account the location of the house, the parcel is subdividable into two or three lots (see • Exhibit C). It is possible, but not likely, that division could be made into four lots. This parcel is proposed for two unit assessments because West River Road frontage is sufficient for only two potential lots to front. Summary: The parcel can legally be subdividable both without regard to the current house location and also taking into account that house. Recommendation: Levy two unit assessments. Peabody - 6712 West River Road The dimensions of the parcel in question are shown on the attached map (Exhibit G). This arcel was proposed p p p to be assessed two units. However, on more in -depth analysis, it has been determined that this parcel cannot be subdivided without a variance and /or dedication of additional public right of way. This parcel abuts the southern dead end of the northern segment of Willow Lane. While it is a very deep lot, it is not wide enough to subdivide into two parcels fronting West River Road without a variance. The parcel could potentially be divided in half so that one parcel has access from West River Road and one from Willow Lane, but the city's comprehensive plan requires that either a cul -de -sac be dedicated and constructed at that dead end, or that Willow Lane be extended south through the parcel to dead end at the next southerly parcel. In either case, additional ublic access would be required uired to be dedicated q and neither the cul -de -sac nor the extended Willow Lane could be dedicated or constructed without moving or demolishing the existing house. 4 10 Because this unique nature was not understood in full until this in -depth analysis was completed, it was assumed that the parcel was legally subdividable. It is now recognized that this is not the case. While the property owner has not contested this assessment, the Council may wish to reconsider this proposed two unit assessment. Summary: This parcel is not subdividable without zoning variance and /or the dedication by the property owner(s) of additional public right of way. Recommendation: We recommend that this assessment against this property be amended. Summary Two of the four cases (Ramos and Berg) clearly could potentially be divided into two lots fronting on West River Road, without moving or demolishing existing structures. A third case, (the Peabody's) on review, merits an amendment to one unit assessment because it is not subdividable into two lots fronting West River Road without a zoning variance. The fourth case, (the Olson's), requires the Council to either sustain its policy regarding levying special assessments on a "buildable lot" basis, or to consider amending that policy to take into account location of existing structures. EXPLANATION: R -4 UNITS AT 7230, 7240 AND 7250 WEST RIVER ROAD Because the proposed special assessments against these properties are substantial, and because that property owner stated at the public hearing that he is planning to appeal that assessment to the courts unless a major reduction is made by the Council, we recommend that the City employ a qualified, independent appraiser to appraise the project's benefits to these properties. Accordingly, we have submitted a request for proposal to an appraiser, and we plan to request Council approval of such a proposal at the October 15 Council meeting if a satisfactory proposal is received. EXPLANATION: DOUBLE - FRONTING LOTS The lots at 6854 West River Road and 6845 Willow Lane front on both West River Road and Willow Lane. Accordingly, the property owners were, as per to City policy, allowed to choose to be assessed for the West River Road improvements or later for Willow Lane improvements. David and Carolyn Wagtskjold, the owners of 6854 West River Road, have chosen to be assessed for the current improvement. David Wagtskjold, the owner of 6845 Willow Lane, has chosen to defer being assessed. Staff Recommendation A resolution approving this choice to defer and deleting the special assessment on 6845 Willow Lane is provided for Council consideration. EXHIBIT A WEST RIVER R0A-D , 1 5 5, 53 200.9 i t � ( 6836) g (6842 ) la � �D % % %% HO SE j ro I , w GAR. -4 I L � HOUSE 8 0.35 x 6.45 WILLOW LANE RAMOS BERG 6836 W RIVER ROAD 6842 W. RIVER ROAD ZONE R- I ZONE R-1 EXISTING CONDITIONS W EST RIVER ROAD EXHIBIT B 75 80 N O O co � A tD m M W W N O 80.35 76 45 100 100 WILLOW LANE POSSIBLE LOT SUBDIVISION - WITHOUT EXISTING HOUSES WEST RIVER ROAD EXHIBIT C 1 I � 1 ,1 1 � 1 . 1 1 V 1 1 N 1 1 O W I 1 i 1 I 1 1 1 1 1 i 1 1 l zo `I (6842) (6836) HOUSE w 100 m i N I GAR - J HOUSE 80.35 16.45 _ V 100 100 WILLOW LANE RAMOS BERG 6836 W. RIVER RD. 6842 W. RIVER RD. ZONE R -1 ZONE R -1 POSSIBLE LOT SUBDIVISION WITH EXISTING HOUSES WEST RIVER ROAD s - s. 103.3 N O O w N.- "I v ; ® � Q - -- i o F 0 m 0 O - ° C I m i O ro �1 (C Z O w p 103.3 81.67 O - 81.67 �7 O -- - - - - -- X N w CA y w 0) Z OD G m O x z 176.1 81.67 81.67 DALLAS ROAD "� EXHIBIT E i 150 133 195 t 88 Cl LLI t t � T � 1 t cc t J t J i Q (7200) I Lu I t (283) 1 72ND AVE. NO. OLSON 7200 WEST RIVER ROAD ZONE R -1 POSSIBLE SUBDIVISION (8) EXHIBIT F 150 133 15 1 88 1 i Q 1 C 1 Q c Q 1 a: - 1 LLJ � n 1 ~ Q � 1 J 1 W (7200) I � 1 1 ( 283) 1 72 ND AVE. NO. I OLSON 7200 WEST RIVER ROAD ZONE R- POSSIBLE SUBDIVISION (A) W. RIVER ROAD 75.27 X39.6 85.72 EXHIBIT G , , OWY.; i ' ro 75 75 � cn � � o (6704) (6712) ' LOT 7 75 51.24 23.2 WILLOW LANE GAR. � HOUSE L_ L -_� 1 1 PEABODY 6712 W. RIVER ROAD ZONE R- I i 1 MISS. RIVER EXISTING CONDITIONS Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION DELETING ONE ASSESSMENT FROM LEVY #11799 WHEREAS, City street improvement special assessment policy provides single - family residential property owners fronting on two streets a choice of which street improvement projects for which they wish to be assessed; and WHEREAS, such a choice was offered to eligible property owners proposed to be assessed for street improvement project 1988 -18; and WHEREAS, some of those property owners have chosen to defer their assessment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that the special assessment for the following property is hereby deferred, and deleted from the proposed levy roll: Name Address Amount Deferred PID # David & Carolyn Wagtskjold 6845 Willow Lane $1,351.00 36- 119 -21 -12 -0007 Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. t6 Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1988 -18 TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to these proposed special assessments for the following improvement: STREET IMPROVEMENT PROJECT NO. 1988 -18 WEST RIVER ROAD, LEVY #11799 PIDJJ ADDRESS AMOUNT 25- 119 -21 -42 -0013 7200 West River Road $1,351* 36- 119 -21 -12 -0011 6842 West River Road 2,702* 36- 119 -21 -12 -0017 6712 West River Road 2,702* 36- 119 -21 -12 -0049 6836 West River Road 2,702* NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The special assessments are hereby accepted and shall constitute the special assessments against the lands named herein, and these tracts of land are hereby found to be benefitted by the improvement in the amounts levied against them. 2. The assessment shall be payable in equal annual installments extending over a period of ten (10) years. The first of the installments shall be payable with ad valorem taxes in 1991, and shall bear interest at the rate of ten (10) percent per annum from October 1, 1990. To the first installment shall be added interest on the entire assessment from October 1, 1990 until December 31, 1991. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. RESOLUTION N0. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. *Note: These are the amounts proposed to be assessed. If the Council chooses to amend the assessments, the amended figures should be inserted here. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 9/24/90 Agenda Rem Number 4Q'e5 REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: PUBLIC HEARING REGARDING STREET IMPROVEMENT PROJECT NO. 1989 -26, 65TH /66TH AVENUES BETWEEN HUMBOLDT AVENUE AND T.H. 252 DEPT. APPROVAL: SY KNAP , DIRECTORS F� PUBLIC WORKS MANAGER'S REVIEW / , RECOMMENDATION: " , 4 r.' ° i V a No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached ) • The City Council held a public hearing on September 10, 1990 regarding proposed special assessments for Street Improvement Project 1989 -26B, 65th /66th Avenue from Humboldt Avenue to T.H. 252. The property owner at 6620 Camden Drive, Ms. Lynn Torkildson, who lives in the Riverwood Townhomes, was present at the hearing and objected to her assessment. The Council tabled certification of this particular assessment, to be reconsidered at an adjourned hearing. The Council also tabled certification of the proposed assessments for the other 19 townhouses, although the public hearing was closed on those assessments. Explanation The Riverwood Townhomes are located in an area of parcels which are zoned R -3. The Georgetown Townhouses are also zoned R -3, while the Chippewa Apartments are zoned R -5. There are twenty parcels in the Riverwood development, each individually owned. The two apartment complexes are located on a single parcel each. Under the special assessment policy approved for this project, R -3 properties are assessed $18.74 per front foot, with that total divided by the number of units in the development. Thus, each townhouse is proposed to be assessed ($18.74 x 155 FF) _ $2904.70/20, or $145.25 per townhouse unit. The Georgetown Townhouses parcel was assessed ($18.74 x 650 FF) /l unit, or $12,181. The Chippewa Apartments parcel, because it is zoned R -5, was assessed based on the area of the parcel. The complainant contends that: 1) As the owner of a single - family townhouse located on an individual parcel, she should not be assessed, since no other single - family parcels are proposed to be assessed for the street improvement project. I 2) Townhouses do not generate "excess traffic," and thus should not be . considered similar to commercial, industrial, or high- density housing. 3) The cost to be assessed includes the cost of a "trail to nowhere." 4) The trail took out frontage on the property and came "dangerously close" to pine trees. 5) The townhouses do not benefit from the turnlane, because it is not congested, and that the roadway between Camden Avenue and T.H. 252 was not reconstructed as a part of this project. 6) Construction was a burden to the owners. Staff Report 1) The single family properties along 65th /66th west of Dupont Avenue were assessed for street improvements and curb and gutter in 1974 at a rate of $5.00 /front foot (approximately $220 per single- family lot). The four R -1 properties between Dupont Avenue and Bryant Avenue were assessed in 1968 at a rate of $4.00 /front -foot (approximately $200 per single- family lot). It is the City's policy to assess R -1 properties only for the initial installation of curb and gutter. The commercial and multiple family properties, including the properties which used to be Riverbrooke Townhouses and are now Riverwood Townhomes, were assessed in 1968. At the rate of 4.00 front -foot the $ / Riverwood Townhouses were assessed a total of $631.20 or $31.56 per unit. As to Ms. Torkildson's contention that we have treated the Riverwood Townhomes differently than the Georgetown or Chippewa apartments by providing individual notices in her case and a single notice in the others, notice was made according to the requirements of state statute. We are required to notify the owners of parcels to be assessed. In the Townhomes' case, there are individual, platted parcels for each townhome. In the apartments' cases, there is one parcel and one property owner. Finally, using an assessment policy based on zoning, we cannot legally differentiate between dissimilar property uses in similar zoning districts. There are several parcels which have been assessed for this project which are zoned C -2, but which are used as R -1. Single family, detached homes are located on these parcels. These parcels were assessed at the same rate and on the same basis as other C -2 properties. 2) The City Engineer has provided the following traffic analysis: According to the Institute of Transportation Engineers, Manual on Trip Generation single- family, detached homes generate an average of ten vehicular trips per day. A townhome unit generates an average of six trips per day. Staff did take traffic counts in an effort to identify exact numbers, but obtained very high counts, probably due to bicycle or pedestrian activation of the counters (i.e., kids jumping on the tubes.) • The area of land on which the townhomes are situated was analyzed for potential maximum R -1 and R -3 density, according to current zoning requirements. This analysis assumed that for an R -1 development, Camden Avenue would be extended through the parcel, with one -half the 60 foot right -of -way dedicated from the Georgetown parcel, and one -half from the Riverwood area. Average Maximum Maximum Zoning se Trips /Day /Unit # Units Trips /Day R -1, Single - family 10 8 80 detached R -3, Townhomes, 6 20 120 current density R -3, Townhomes, 6 22 132 maximum density allowed Single - family detached homes, per unit, generate more traffic than townhomes. However, at the density allowed in an R -3 district, townhouse developments will generate more traffic for a given area when compared to R -1 zoning. 3) The bicycle /pedestrian trail that was built in this project is a part of the trail system detailed in the City's comprehensive plan. It is City policy to construct components of that system when other improvement projects are being undertaken, rather than to build all components of the system at once. The trail along this corridor is an integral link in the City's (and the region's) trail system. On its west end, it provides access to the Shingle Creek trail, which travels north to Palmer Lake and south through Central /Garden City Parks and along the creek to Minneapolis. The trail there connects with the trail which travels south along Victory/Wirth Parkway past the chain of lakes to Minnehaha Falls. On its east end, which the complainant calls the "trail to nowhere," the trail crosses T.H. 252 and links with the new West River Road trail. When Brooklyn Park completes construction of its segment of West River Road, the trail will extend to the T.H. 610 bridge and the North Hennepin Trail Corridor west to Elm Creek Park. South of West River Road, the trail will pass under the I -694 bridge and link with the proposed river trail to be constructed by Hennepin County. 4) The trail, which was constructed by adding an additional five feet of width to the existing sidewalk, is located totally on City right of way. No additional "frontage" was taken from the townhouses for this purpose. The trail is located within several feet of some evergreen trees. These trees are located on the right of way line, and the root systems have in a few cases spread to the trail area. 5) The turnlane which was constructed in front of the townhouse entrance was a part of a larger, overall traffic management plan. The intent of providing the two - way - left -turn lane along the length of the project was to keep traffic moving at all points at all times. Ms. Torkildson may not have experienced any congestion at this entrance; this turn lane ensures that she will not. . Also, it is noted that, while the current ro'ect did not include roadway P J Y reconstruction between Camden Avenue and T.H. 252, that segment of 66th Avenue has recently been upgraded, in conjunction with the T.H. 252 improvement project. Also no special assessments were levied for those improvements, which were made by MNDOT, with City cost participation. It is on that basis that staff believes the current assessments are equitable between property owners east and west of Camden Avenue. 6) It is rarely possible to construct an improvement project, especially one of this magnitude, without inconveniencing someone. This project was completed in a timely manner. Staff Recommendation Certify the special assessments as proposed. Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION CERTIFYING SPECIAL ASSESSMENTS FOR IMPROVEMENT PROJECT NO. 1989 -26 TO THE HENNEPIN COUNTY TAX ROLLS WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to these proposed special assessments for the following improvement: STREET IMPROVEMENT PROJECT NO. 1989 -26 65TH /66TH AVENUE, HUMBOLDT TO T.H. 252 LEVY #11797 PID# ADDRESS AMOUNT 36- 119 -21 -13 -0086 6646 Camden Drive $145.25 36- 119 -21 -13 -0087 6644 Camden Drive 145.25 36- 119 -21 -13 -0088 6642 Camden Drive 145.25 36- 119 -21 -13 -0089 6638 Camden Drive 145.25 36- 119 -21 -13 -0090 6636 Camden Drive 145.25 36- 119 -21 -13 -0091 6634 Camden Drive 145.25 36- 119 -21 -13 -0092 6630 Camden Drive 145.25 36- 119 -21 -13 -0093 6628 Camden Drive 145.25 36- 119 -21 -13 -0094 6626 Camden Drive 145.25 36- 119 -21 -13 -0095 6622 Camden Drive 145.25 36- 119 -21 -13 -0096 6620 Camden Drive 145.25 36- 119 -21 -13 -0097 6618 Camden Drive 145.25 36- 119 -21 -13 -0098 6616 Camden Drive 145.25 36- 119 -21 -13 -0099 6615 Camden Drive 145.25 36- 119 -21 -13 -0100 6613 Camden Drive 145.25 36- 119 -21 -13 -0101 6611 Camden Drive 145.25 36- 119 -21 -13 -0102 6609 Camden Drive 145.25 36- 119 -21 -13 -0103 6605 Camden Drive 145.25 36- 119 -21 -13 -0104 6603 Camden Drive 145.25 36- 119 -21 -13 -0105 6601 Camden Drive 145.25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Brooklyn Center, Minnesota, that: 1. The special assessments are hereby accepted and shall constitute the special assessments against the lands named herein, and these tracts of land are hereby found to be benefitted by the improvement in the amounts levied against them. 2. The assessment shall be payable in equal annual installments extending over a period of ten (10) years. The first of the installments shall be payable with ad valorem taxes in 1991, and shall bear interest at the rate of ten (10) percent per annum from October 1, 1990. To the first installment shall be added interest on the entire assessment from October 1, 1990 until December 31, RESOLUTION N0, 1991. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which payment is made. Such payment must be made before November 15, or interest will be charged through December 31 of the succeeding year. 4. The City Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists of the county, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. CITY OF BROOKLYN CENTER Council Meeting Date 9/24/90 Agenda Item Numbe REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: HUMAN RIGHTS AND RESOURCES COMMISSION RECOMMENDATION ON PROPOSED TRANSPORTATION PROGRAM *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DEPT. APPROVAL: 0 15&aXle , Personnel Coordinator Signature - tie MANAGER'S REVIEW /RECOMMENDATION: Cs No comments to supplement this report Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached • At its September 12, 1990, meeting, the Brooklyn Center human rights and resources commission reviewed and discussed the transportation needs assessment survey conducted by Northwest Hennepin Human Services Council (NWHHSC). The commissioners felt the survey results confirmed their previous assumption that a need exists for alternative transportation for certain citizens in the city, including low- income residents. The commissioners continue to support the development of a dial -a -ride program. They are recommending o the city ty council that the commission should work with the Regional Transit Board (RTB) to draft a grant application to the RTB for a dial -a -ride program that would start up in 1992. 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. RECOMMENDED CITY COUNCIL ACTION: Pass a motion directing the human rights and resources commission to develop a grant application, with the assistance of the Regional Transit Board, for a dial -a -ride transportation program. The commission is also directed to present a draft of the grant application to the city council for review and approval prior to submittal to the RTB. • Licenses to be approved by the City Council on September 24, 1990: % COMMERCIAL KENNEL Brooklyn Pet Hospital and Clinic 4902 France Ave. N. (' Snyder Brothers Drug Store 1296 Brookdale Center �� Sanitarian 'aL GARBAGE AND REFUSE COLLECTION VEHICLES Waste Management - Blaine 10050 Naples St. NE _i L'C'vY�C,1t�U Sanitarian ITINERANT FOOD ESTABLISHMENT Boy Scouts of America Troop 299 7200 Brooklyn Blvd. Brooklyn Center Lions 6500 Humboldt Ave. N. Earle Brown Elementary School 5900 Humboldt Ave. N. Harron United Methodist Church 5452 Dupont Ave. N. Korean Presbyterian Church 6830 Quail Ave. N. Sanitarian t_ MECHANICAL SYSTEMS 1 Bowler Plumbing & Heating 511 E. Lake St. Southern Mechanical, Inc. 900 B & H Industrial Ct. Building Official 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. 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. 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. 1� Victor & Jean Huang 3813 72nd Ave. N 62 l I� � f.C,. i10,'Yl. Director of Planning and Inspection SIGN HANGER Kaufman Sign Co. 103 1st Ave. NE Topline Outdoor Advertising, Inc. 1493 94th Lane NE GENERAL APPROVAL _ = ' '!'_� �7 D. K. Weeks, City Clerk