HomeMy WebLinkAbout2019-013 CCRMember Ryan introduced the following resolution and moved its adoption:
RESOLUTION NO. 2019-013
A RESOLUTION APPROVING RESTORATION AGREEMENT WITH RESPECT TO
THE HAZARDOUS PROPERTY EXISTING AT 6842 WEST RIVER ROAD IN THE
CITY OF BROOKLYN CENTER
WHEREAS, the property located at 6842 West River Road, legally described on Exhibit
A, attached hereto, contains a partially built, single-family dwelling (the "Subject Property" or
"Property"); and
WHEREAS, David W. Berg and Gwendyne C. Berg are the owners ("Owners") of the
Subject Property; and
WHEREAS, on August 13, 2018, the City Council passed Resolution No. 2018-144 (the
"Resolution") declaring the partially -built house and accessory structures located on the Property
to be hazardous buildings within the meaning of Minnesota Statutes, Section 463.15; and
WHEREAS, the Resolution further established that the Property constitutes a hazardous
property within the meaning of Minnesota Statutes, Section 463.15; and
WHEREAS, the Resolution authorized the issuance of an order for abatement of the
hazardous conditions and buildings on the Property within the meaning of Minnesota Statutes,
Section 463.15; and
WHEREAS, the Resolution and the City's Order for Abatement of a Hazardous Building
dated August 17, 2018 (the "City Order") was personally served on the Owners on September 7,
2018 along with a Summons; and
WHEREAS, the City initiated legal action enforce the City Order in Hennepin County
District Court on September 28, 2018 (Court File No. 27 -CV -18-16489); and
WHEREAS, the Owners seek to rehabilitate the Property; and
WHEREAS, the Owners have signed a Restoration Agreement, attached hereto as
Exhibit B, that will allow the Owners additional time to rehabilitate the Property as required in
the City's Order; and
WHEREAS, the City consents to the rehabilitation of the Property without further court
action on this matter subject to the terms of the Restoration Agreement; and
WHEREAS, under the Restoration Agreement the City may perform certain outstanding
work not completed by specific deadlines and assess the costs for the work against the Property;
and
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NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn
Center, Minnesota as follows:
1. The Restoration Agreement is approved.
2. The City Manager is authorized to hire a contractor or contractors to correct the
hazardous conditions on the Property if the Owners fail to comply with the terms of
the Restoration Agreement to remove the conditions by the dates specified in the
Restoration Agreement.
3. The City Attorney and City staff are authorized to take all necessary legal steps to
secure compliance with the Restoration Agreement.
4. The Mayor and City Manager are authorized to execute a release of the Restoration
Agreement at the request of the City Attorney and City staff under the terms outlined
in the Restoration Agreement providing for such a release.
5. The City Attorney and City staff are authorized to carry out the intent of this
resolution.
Passed and duly adopted this 28th day of January 2019, by the City Council of the City of Brooklyn
Center, Minnesota.
January 28, 2019
Date
ATTEST:
City Clerk
Mayor
The motion for the adoption of the foregoing resolution was duly seconded by member
Lawrence -Anderson
and upon vote being taken thereon, the following voted in favor thereof:
Butler, Elliott, Graves, Lawrence -Anderson, Ryan
and the following voted against the same:
None
whereupon said resolution was declared duly passed and adopted.
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EXHIBIT A TO RESOLUTION
Legal Description
Lot 2, "Auditor's Subdivision Number 310, Hennepin County, Minnesota"; EXCEPT:
That part of Lot 2, "Auditor's Subdivision Number 310, Hennepin County, Minnesota", Lying
Easterly of the 50 foot road running through said Lot 2, the center line of said road being
described as follows: Beginning at a point on the South line of said Lot 2, a distance of 362 feet
East of the Southwest corner of said Lot 2 as measured along said South line; Thence Northerly
to a point on the North line of said Lot 2, said point being a distance of 387 feet East of the
Northwest corner of said Lot 2, as measured along said North line, according to the recorded plat
thereof, and situate in Hennepin County, Minnesota.
Abstract Property
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EXHIBIT B TO RESOLUTION
(Restoration Agreement)
[Attached hereto]
552282v2 LBK BR291-387