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HomeMy WebLinkAbout2003 07-23 CCM Special Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION JULY 23, 2003 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Special Session and was called to order by Mayor Myrna Kragness at 6:00 p.m. ROLL CALL Mayor Myrna Kragness, Councilmembers Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe. Also present: City Manager Michael McCauley, Assistant City Manager /Director of Operations Curt Boganey, Public Works Director /City Engineer Todd Blomstrom, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. CONSIDERATION OF AGREEMENT FOR BILLING SERVICES RELATED TO DISCHARGE OF DEWATERING FOR CONSTRUCTION ACTIVITIES ON HIGHWAY 100 City Manager Michael McCauley discussed that the Minnesota Department of Transportation (Mn/DOT) had approached City staff regarding the issues they were having with the construction of Highway 100 and the underground utilities that will require temporary dewatering. After consideration of the issues involved, City staff asked the City Attorney be the lead contact person to work on this issue. City Attorney Charlie LeFevere had prepared an agreement that would hold the City harmless if the City participated in an agreement with Mn/DOT and Mn/DOT's contractor, Ames Construction Inc. City Attorney Charlie LeFevere discussed the agreement he prepared and informed the Council that he had not received feedback from the other parties involved. Council expressed comments and concerns and had discussions with Mn/DOT representatives Wayne Norris and Liz Benjamin, about the issues involved. Some of those discussions included the following: Councilmember Niesen discussed that she thought her recollection was that the project was not going to need dewatering. Mr. Norris and Ms. Benjamin discussed the overall project and that the contractors are not able to get to the storm sewer pipes since the water tables are two to three feet higher than they were at the time the project was designed due to high rainfall amounts. 07/23/03 -1- This is temporary construction dewatering and there would not be permanent dewatering which is why the bridge was raised to avoid permanent dewatering. Councilmember Peppe expressed that he believes the City should not be responsible if something were to go wrong and questioned if the City would be capable of monitoring the dewatering in the case the unexpected occurs. Mr. McCauley informed that the City is not in a position to supervise the dewatering. Ms. Benjamin discussed that the contractor is fully aware of the terms for monitoring and that there is a provision in the agreement regarding the monitoring. Councilmember Carmody questioned how the dewatering will be monitored and the billing process. Director of Public Works /City Engineer Todd Blomstrom discussed that the monitoring and billing needs to be agreed upon with all parties involved and that it is suggested that the billing be on a monthly basis. Councilmember Lasman expressed concern about the City being one of the last to know if something fails with the dewatering system. Councilmember Niesen questioned the reason why the City is in this situation. Ms. Benjamin discussed the process for the project up to date. Councilmember Peppe questioned if the City would be paying the money first and how this would be accomplished with the budget issues the City is facing. Mr. McCauley informed that the City would be paid as water put in, but not billed by Metropolitan Council Environmental Services (MCES) for approximately six months for the increased flows. Councilmember Lasman made a motion to authorize an agreement with sufficient protection holding the City harmless. Councilmember Niesen questioned who and what the risks involved include. Mr. McCauley discussed that the City needs to be sure to get paid and that the Metropolitan Council Environmental Services Division (MCES) permit review did not set a limit for inflow and that there could be potential back up for those who are upstream. Mr. Norris discussed that his position would be to agree that the three parties involved need to work out an agreement and that he recommends to keep the project on track. He informed that Mn/DOT's attorney had reviewed the agreement prepared by Mr. LeFevere and that there are some reservations. Councilmember Peppe expressed that he would like to make sure that the language on page three is verified to make sure that the City Engineer is considered as part of a responsible contact for the dewatering. Mr. LeFevere informed that he would check and that the agreement could be tightened. 07/23/03 -2- Mr. McCauley asked that the motion be clarified. Councilmember Lasman made a motion to authorize the City Attorney to recreate an agreement to reflect desires by the Council and work with Mn/DOT and Ames Construction, Inc. Councilmember Niesen questioned number six on page three. Mr. McCauley discussed that clause would protect the City from a cancellation policy. Councilmember Carmody seconded the motion. Councilmember Niesen voted nay. Motion passed. ADJOURNMENT The Council adjourned at 6:25 p.m. City Clerk Mayor 4 07/23/03 -3-