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HomeMy WebLinkAbout1994 08-22 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL i OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 22, 1994 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Todd Paulson at 7:03 p.m. ROLL CALL Mayor Todd Paulson, Councilmembers Celia Scott, Dave Rosene, Barb Kalligher, and Kristen Mann. Also present were City Manager Gerald Splinter, Director of Public Services Diane Spector, Finance Director Charlie Hansen, Planning and Zoning Specialist Ron Warren, Director of Community Development Brad Hoffman, City Engineer Mark Maloney, Fire Chief Ron Boman, City Attorney Charlie LeFevere, and Council Secretary Barb Collman. OPENING CEREMONIES Ms. Elaine Bernardson offered the invocation. OPEN FORUM Mayor Paulson noted the Council had received no requests to use the open forum session this evening. He inquired if there was anyone present who wished to address the Council. There being none, he continued with the regular agenda items. COUNCIL REPORTS Mayor Paulson expressed recognition of the Brooklyn Center all -star team which is competing in the National Little League World Series, with a game in progress as of the meeting time. The City Manager added Mr. Miller and Mr. Thurs had stated the team would be arriving in Brooklyn Center on Sunday, August 28 (time to be announced later), and the City Council and City Officials were invited to welcome the team home. The celebration is to be held at the Little League complex in the southwest corner of Central Park, near 60th and Vincent Avenues North. 8/22/94 - 1 - RESOLUTIONS RESOLUTION NO. 94 -171 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING RECOGNITION OF THE ACHIEVEMENT OF THE BROOKLYN CENTER AMERICAN LITTLE LEAGUE The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and the motion passed unanimously. Mayor Paulson noted the resolution can be amended at a later date, if necessary. The City Manager commented the Little League World Series will have been completed by the time of the next City Council meeting. COUNCIL REPORTS CONTINUED Mayor Paulson stated the apartments on Willow Lane were demolished today at 9 a.m. as part of the re- development program. He thanked those involved in the execution of the demolition. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmember requested any items be removed from the consent agenda. Councilmember Rosene requested the removal of item 13f. The City Manager requested the removal of item 13c. t Councilmember Rosene requested the addition of item 12c, which was tabled at the last meeting. There was a motion by Councilmember Dave Rosene and seconded by Councilmember Barb Kalligher to approve the August 22, 1994, agenda and consent agenda as printed. The motion passed unanimously. APPOINTMENT OF ELECTION JUDGES FOR SEPTEMBER 13 1994 AND NOVEMBER 8, 1994, PRIMARY AND GENERAL There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to approve the election judges for the September 13, 1994, and November 8, 1994, primary and general elections, as presented. The motion passed unanimously. 8/22/94 -2- RESOLUTIONS CONTINUED RESOLUTION NO. 94 -172 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION CREATING A SALES DIRECTOR POSITION FOR EARLE BROWN HERITAGE CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -173 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING RENOVATION OF MORGAN AND BELGIAN MEETING ROOMS AND AMENDING THE 1994 EARLE BROWN HERITAGE CENTER BUDGET The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -174 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION APPROVING PURCHASE AGREEMENTS FOR IMPROVEMENT PROJECT NOS. 1992 -29 (STORM WATER TREATMENT POND) AND 1993 -18 (MTC PARK AND RIDE) The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -175 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR IMPROVEMENT PROJECT NO. 1994 -19, CONTRACT 1994 -J, SHINGLE CREEK PARKWAY MILL AND OVERLAY The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. 8/22/94 -3- RESOLUTION NO. 94 -176 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES (ORDER NO. DST 08/22/94) The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. RESOLUTION NO. 94 -177 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING A FEE POLICY FOR THE ISSUANCE OF TAX EXEMPT HOUSING REVENUE BONDS The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. PERFORMANCE GUARANTEE RELEASE/REDUCTION There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to approve a performance guarantee reduction for Evergreens at Earle Brown Farm - 6001, 6011, 6021 Earle Brown Drive to $5,000. The motion passed unanimously. There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to approve a performance guarantee reduction for Omnitool, Inc. - 3500 48th Avenue North to $2,500. The motion passed unanimously. There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to approve a performance guarantee reduction for Randy Rau - 6849 Brooklyn Boulevard to $1,000. The motion passed unanimously. LICENSES There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to approve the following list of licenses: AMUSEMENT DEVICES - OPERATOR Metropolitan Transit Commission 6845 Shingle Creek Parkway GARBAGE AND REFUSE COLLECTION VEHICLES Michael Harvanko 6508 Ronald Place MECHANICAL SYSTEMS K & K Heating and Plumbing 6000 Lone Oak Road Peterson Bros. Sheetmetal 4110 Central Avenue NE 8/22/94 -4- f MECHANICAL SYSTEMS - CONTINUED Rapid Heating and A/C 8714 E. Research Center Road Residential Heating & Air, Inc. 19000 Easton Road RENTAL DWELLINGS Renewal: IMS of Fargo Brookside Manor Apts. TLN LA NEL Twin Lake North Apts. Paul E. Hinck 4715 France Avenue N. Mrs. Paul Enge 4748 Twin Lake Avenue N. Marlyn and Gayle Kruse 2101 71st Avenue N. Victor and Jean Huang 3813 72nd Avenue N. The motion passed unanimously. APPROVAL OF MINUTES AUGUST 8. 1994 - REGULAR SESSION There was a motion by Councilmember Mann and seconded by Councilmember Scott to approve the minutes of August 8, 1994, regular session as printed. The motion passed. Councilmember Rosene and Councilmember Kalligher abstained. PRESENTATION RECOGNITION OF TWO FIRE DEPARTMENT MEMBERS FOR THEIR HEROIC EFFORTS IN SAVING THE LIVES OF TWO YOUTH The Fire Chief described the situation on August 2, 1994, when firefighters arrived at a house fire at 6422 Dupont Avenue North at 10:11 a.m. after a 10:06 a.m. call. District Chief Kent Korman and Captain John Bentzen searched for and rescued two children, who have since recovered. Mayor Paulson presented plaques to the two firefighters, commending them for risking their own lives to save others on a daily basis but specifically in this instance, and expressing pride and gratefulness in their action. Councilmember Rosene mentioned these two firefighters have previously been recognized for other heroic efforts. He commented the people of Brooklyn Center can rest easy knowing the firefighters are on the job. 8/22/94 -5 - MAYORAL APPOINTMENTS HUMAN RIGHTS AND RESOURCES COMMISSION Mayor Paulson explained there are currently two vacancies on the Human Rights and Resources Commission and two applications have been received. He recommended Wayde Lerbs and Charlotte Nesseth for the positions and asked for the Council's approval. There was a motion by Councilmember Kalligher and seconded by Councilmember Rosene to approve the appointments of Wayde Lerbs and Charlotte Nesseth to the Human Rights and Resources Commission. The motion passed unanimously. PLANNING COMMISSION APPLICATION NO. 94008 SUBMITTED BY ANOKA- HENNEPIN COMMUNITY EDUCATION The City Manager explained the Anoka- Hennepin Community Education is requesting a Special Use Permit to operate a preschool program at the Lutheran Church of the Master, 1200 69th Avenue North. This application was recommended for approval by the Planning Commission at its August 11, 1994, meeting. The Planning and Zoning Specialist referred the Council to the August 11, 1994, minutes of the Planning Commission which outline the request. He reviewed the information in the minutes and noted a Special Use Permit is necessary as the area is zoned residential. He noted the Planning Commission recommended the approval of the Special Use Permit subject to four conditions. The Planning and Zoning Specialist pointed out Marilyn Wolkerstorfer, supervisor for the Anoka- Hennepin Community Education Learning Readiness Preschool Program, is present at this meeting. He also stated notices had been sent to homes in the surrounding area. Councilmember Rosene commented the preschool program would be a good addition to the district. Ms. Wolkerstorfer said the program at the Lutheran Church of the Master will be the third site in Hennepin County. There are also nine similar programs in Anoka. There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve Planning Commission Application No. 94008 submitted by Anoka- Hennepin Community Education for a Special Use Permit to operate a preschool program at the Lutheran Church of the Master, 1200 69th Avenue North, subject to the following conditions: 1. The Special Use Permit is issued for a preschool for up to 20 children at a time. Any expansion or alteration of the preschool operation will require an amendment to this Special Use Permit. 8/22/94 -6- 2. The preschool operation shall receive the proper licensing from the Minnesota Department of Human Services and a copy of the license shall be kept on file with the City. 3. The premises will be brought into compliance with all applicable state and local regulations relating to fire safety, health and building code standards for the preschool operation. 4. This Special Use Permit is subject to all other applicable codes, ordinances and regulations. Any violation thereof may be grounds for revocation. The motion passed unanimously. DISCUSSION ITEMS AUDITOR RFP The City Manager stated a Request for Proposals (RFP) document has been prepared by Staff. Councilmember Scott asked when the RFP would be sent out, if approved. The Finance Director referred the Council to page nine of the RFP for a calendar of the procedure. He said the RFP would be mailed to a list of twelve firms tomorrow morning if approved by the Council. He reviewed the remainder of the proposed schedule. According to the schedule, an auditor would be selected in November. There was a discussion concerning page 18, Section VII, A, the Audit Committee. The proposed RFP stated the Audit Committee would make recommendations to the City Manager, but some members of the Council had understood it would say the recommendations would be made to the City Council. It was stated the intention of the Council had been for the committee to list recommendations and the Council could then add to the list or interview those on the list. Since the City Manager's recommendation might not be the same as the Council's recommendation, the Council should review the committee's list. Mayor Paulson said the City Manager might choose to represent the City Staff on the Audit Committee. Councilmember Rosene stated the City Manager's input is desired Councilmember Scott mentioned the City Manager should be on the committee as a reference concerning the City's past experience with auditing firms. Mayor Paulson agreed. 8/22/94 -7- i f r Councilmember Scott suggested a change in wording to page 18, Section VII, A. from "The City Manager will review..." to "The City Council will review...." There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to approve the RFP for auditing services with a change in wording in Section VII, A. The motion passed unanimously. PRELIMINARY DISCUSSION OF BOND ISSUE The City Manager explained Council had directed Staff to refine the steps to be taken to develop a bond issue. He directed Council to a memorandum included in the Council packet and asked for comment and further direction. The Director of Public Services mentioned the Park and Recreation Commission had approved a resolution expressing strong support for a bond issue to finance park improvements. The resolution includes detail of specific areas of concern the Commission would like to see included in the bond issue. Councilmember Mann asked whether line items can be removed during the process if it is felt they are not supported. The City Manager said the process is to collect many ideas, then develop a refined list. Councilmember Kalligher asked whether "brainstorming" meetings would be held. The City Manager said that would be part of the early procedure. Councilmember Kalligher questioned whether the plan for an interim police station addition is still being considered. The City Manager said it is, but that is an interim solution as a new building is still three years from occupancy even with speedy movement on the bond issue. Councilmember Scott asked whether Staff is asking the Council for input on specific line items to include in a survey. The City Manager confirmed this, adding the Council's list will be a starting point and adjustments will be made from there. Councilmember Scott commented the Council is aware of these needs listed by the Park and Recreation Commission, as well as the issues surrounding the Civic Center complex. She said the public should be provided with an all- inclusive list which attempts to answer needs of all citizens. She added during the last survey many residents did not understand the questions. The public needs to be given the specific facts of the problems so it can give informed answers. The City Manager agreed to add that element to the process after the list is narrowed. Councilmember Kalligher suggested representatives from different associations be informed so they can disburse information to members of the organizations to promote enthusiasm for the bond issue. The City Manager said representatives of organizations have already been contacted for input on their needs and they have expressed an intention to be involved. 8/22/94 -8- Mayor Paulson commented the issues should be flushed out as early as possible, and as many options as possible should be presented. He added care should be taken to not get "locked in" to specific wording. Councilmember Rosene stated since Staff is seeking the Council's opinion, he would offer his. He said he had not heard much discussion concerning a fitness center and would need more information. If the fitness center mentioned pertains to seniors or teens, he would agree with it. In regard to the resolution of the Park and Recreation Commission, he had not heard discussion of a field house so his immediate reaction was desire for justification. The City Manager stated the label of "seniors" has been dropped but the seniors' needs are addressed in the Community Center fitness center expansion idea. Councilmember Rosene said, again in regard to the Park and Recreation Commission resolution, item E, particularly the Joslyn site and the development of girls' baseball fields, is a priority to him. He said item G is also a high priority, but item F is not. He stated the trail system would be improved by maps being available but they could be posted now rather than waiting for the completion of a new trail system. Councilmember Kalligher asked when the list of issues will be in final form. The Director of Public Services answered the completion of the list depends partly on the receipt of a proposal from Decision Resources. The elements of soliciting opinions and developing options are intertwined. Councilmember Kalligher asked at what point Decision Resources would become involved. The City Manager said there would be some involvement before the survey and some involvement after the survey. The Council needs to determine the roles of Decision Resources, the Council itself, and citizen input. Councilmember Rosene questioned whether Decision Resources is the only firm to be considered for this assignment. The City Manager said other firms do the survey work, but Decision Resources is the only one he is aware of which does bond issue work. However, some communities perform the task on their own. He said Staff could double -check whether there are any other firms. He added many of the other firms which do surveys are located out of state and are expensive. There was a motion by Councilmember Rosene and seconded by Councilmember Scott to direct Staff to report on other firms available for bond issue work and, if not, to use Decision Resources to assist the City in conducting a bond issue survey. The motion passed unanimously. Councilmember Rosene asked whether the next step is to provide a list. The City Manager confirmed the necessity of drafting a list to help with estimating costs. The list can be changed as the process continues. 8/22/94 -9- Councilmember Rosene agreed with listing the park improvements, the Police Department and fire station space needs, and the Community Center improvements without an activity center. Mayor Paulson said he would prefer the item "Additional space for the Police Department, such as a City Hall addition" be changed to simply "Additional space for the Police Department." Councilmember Rosene agreed. Councilmember Kalligher commented adjustments to the list can be made at any time. Currently, Council does not have the necessary information. She wondered if other councilmembers still desired citizen input. Councilmember Rosene stated he had been answering Staff's request for a list. Councilmember Kalligher asked why Council would delete the activity center from the list. Mayor Paulson agreed more information on specific issues is needed. It is acceptable to keep the current list broad and general, knowing that it will be reconsidered and refined, and knowing that all items desired will not be provided in the end. Councilmember Rosene said when he omitted the activity center he was not vetoing the idea but keeping it open. Councilmember Kalligher said the decisions should be made by the public rather than the Council. Mayor Paulson said an attempt is being made to do that by not limiting listings. The City Manager said the survey in 1989 detailed each item. Mayor Paulson suggested wording the line item "Improvements and /or additions to the Community Center." Councilmember Rosene suggested adding: "Acquisition and development of new park land, including the Willow Lane redevelopment areas and the Joslyn site," item E from the Park and Recreation Commission resolution, to the other list of four issues. Mayor Paulson stated the four issues currently listed are a starting point. The City Manager said Staff would present cost figures within 30 days. Councilmember Scott asked that the four points be broken down into specific itemizations for the public's information. The public should also be informed as to the Americans With Disabilities Act (ADA) requirements and other laws which necessitate the improvements. 8/22/94 -10- Councilmember Mann commented if any part of the list is removed, an option will be taken away from the public. There was a motion by Mayor Paulson and seconded by Councilmember Scott to direct Staff to write a list of improvements for preliminary surveys which the public might be interested in: park improvements, including items in the Park and Recreation Commission's resolution, Police Department needs, Fire Department needs, and Community Center improvements, with ADA requirements communicated to residents, within 30 days. The City Manager said the list would be prepared for the second Council meeting in September. The motion passed unanimously. PILOT PROJECT DISCUSSION REQUEST FROM COUNCILMEMBER ROSENE FOR PUBLIC CALL -IN LINE Councilmember Rosene explained this issue is brought in an attempt to wrap up some open- ended items before the end of December. He stated the Council has been aggressive in its pursuit of greater communication and he would like to present a step which could be taken. He noted he is not requesting a certain procedure be followed. Councilmember Rosene proposed the Council designate one month, consisting of two Council meetings, to try out a system in which viewers of the Council meetings on cable television would phone in comments and /or questions to a Staff member who had volunteered to answer the calls. He said citizen input is valuable and some calls could be helpful to the Council. He mentioned Council might decide to reconsider a motion based on comments from viewers. Councilmember Rosene explained at possibly two break points in the evening, the phone messages would be delivered to the mayor for his comment. Following either the City Council agenda or the Economic Development Authority (EDA) agenda, the messages could be read, answered, discussed, etc. He proposed the trial of the system be set for October or November 1994. Councilmember Rosene commented Conference Room C would serve the purpose although it does not have a television; the switchboard might be appropriate since the volunteer could follow the meeting on the television. Obtaining a television in Conference Room C would be a pre - mature expense. Councilmember Mann responded City Council meetings are business meetings. She suggested Councilmember Rosene could fulfill his purposes of communication by taking a class and producing his own program at Community Cable. 8/22/94 I Councilmember Kalligher brought up several questions. She questioned whether Council could back up and reconsider a motion which had been passed. She expressed concern that if the meeting ran late the Council could not adjourn until calls were completed. She felt it might be difficult to find volunteers. She stated when a viewer called in, he or she would then have to wait until the end of the meeting, possibly very late, to receive an answer. Councilmember Rosene answered volunteers are plentiful. Meetings have often lasted far past midnight, so a midnight meeting is not bad by comparison. Viewers would not be promised a response to their calls. There might be an on -air response or their concern might be placed on the next agenda. In regard to reconsidering a motion which had been passed, he said that would be a rare occurrence but does happen and is allowed for in Roberts' Rules of Order He commented it would be the councilmembers themselves choosing to reconsider a motion and it would not be done flippantly. If such an action was taken, Council would most likely be glad it had. Councilmember Scott thought the concept would work if there were money, time, and a facility available which would allow a two -way communication set -up which would provide an immediate response. She commented the concept of a call -in line would be helpful to residents who are housebound. She noted the idea would work if it were to provide the opportunity for phoning in issues for open forum, in particular. Quite often, residents make comments after the issue has been decided, which is too late. On the other hand, Council could be interrupted often with such a procedure. Also, it would be rude and unjust to not guarantee an answer. She questioned the legality of the process and commented it needs more thought before being enacted. Councilmember Rosene stated if the call -ins were connected to open forum, the agenda would need to be broadcast prior to the meeting's starting time. He mentioned he would not expect constant interruptions to the Council, as the natural breaks could be utilized. He r asked the Council to consider which is the greater injustice - giving residents an opportunity to phone in with no guarantee, or not giving them the opportunity at all. The City Attorney commented it would be unfortunate if residents got the impression phoning in was a substitute for appearing at a public hearing. He added that, legally, special assessment appeals must be in writing. The calls might not be received until the public hearing had been closed. Council benefits from the presence and dialog with residents. He stressed using caution in considering the idea. Councilmember Rosene stated the factors mentioned had been excellent. He suggested issuing a disclaimer for the phone -in system. He said he would envision the program for the purpose of directing a caller to the appropriate staff member. Councilmember Scott agreed telephone contact is important but did not agree with it during meetings as it would be a distraction. She repeated the use of phoning in items for open 8/22/94 -12- forum would be acceptable. She said residents who call her at home would still probably get a better response from her. Councilmember Rosene reminded Councilmember Scott she would not be the person receiving the calls. The messages would be typed and distributed to councilmembers during a break in the meeting. Councilmember Scott said she could then call the resident at home. Councilmember Kalligher suggested having a call -in time between 6:30 and 7 p.m. so all questions are received before the meeting begins. The agenda would be posted in the meantime. The City Manager said the technology might need to be updated to provide a scrolling text. The City Manager said the agenda is set on Thursday evening, so it could run on cable television on Saturday and Sunday and messages could be recorded on the telephone system until Monday at noon. That way, questions would be available before the meeting. He said he could check on the technology to see if a separate phone line would be needed. Councilmember Rosene agreed with the City Manager's suggested compromise. There was a motion by Councilmember Rosene and seconded by Councilmember Kalligher to direct Staff to investigate and report by the second meeting in September, on the changes necessary to implement a pre - meeting phone -in system, including a cost estimate. Mayor Paulson noted councilmembers could volunteer to have phone numbers listed on the television and then do what they wanted with the response. He said that idea could be used in addition to the system previously discussed. He commented if the Council will experiment at least it will know an attempt was made. Councilmember Rosene asked whether Mayor Paulson was in favor of the proposal. Mayor Paulson said he is because it is worth a try. He said the Council's past efforts at communication with the public have been from the Council's end; this system would complete the circle. Councilmember Rosene commented the problems with such a system will not be known unless a trial is performed. Councilmember Mann said she appreciated Councilmember Rosene's intentions. She thought a pre - meeting call -in is appropriate but there needs to be further investigation. Councilmember Mann called the question. Councilmember Rosene reviewed the motion. The motion passed unanimously. 8/22/94 - 13 - RESOLUTIONS CONTINUED RESOLUTION AMENDING THE 1994 PAY PLAN AND APPROVING THE AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND INDEPENDENT SCHOOL DISTRICT #286 FOR A SCHOOL LIAISON OFFICER PROGRAM TO BEGIN IN OCTOBER 1994 The City Manager stated he had asked this resolution be removed from the consent agenda because there is a possible change in the agreement and there are still questions. He suggested the Council pass the resolution subject to review by the City Attorney. Then, if changes were necessary, Staff would bring the resolution again. However, Staff would prefer the resolution be passed so it could proceed. The question on the issue is whether, if the school becomes dissatisfied with the officer assigned as liaison, it can request a different officer. Councilmember Kalligher asked whether there would be a City Council meeting the coming week. The City Manager said there would not. Councilmember Kalligher said she was uncomfortable with approving the resolution. There was a motion by Councilmember Kalligher and seconded by Councilmember Mann to table the resolution. Councilmember Rosene pointed out a technicality with the resolution, in that page one should state Council approves the agreement. The City Manager stated it is important for Staff to have an answer in order to go ahead with planning. The motion passed unanimously. There was a motion by Councilmember Rosene and seconded by Councilmember Mann to approve the concept of an agreement with Independent School District #286 for a School Liaison Officer Program. Mayor Paulson stated the program should be considered in the budget as the City adding one - fourth officer to the police department rather than one officer. The motion passed unanimously. RESOLUTION NO. 94 -178 Councilmember Rosene said he approves the resolution but asked for this resolution to be removed from the consent agenda so he could ask a question. He asked the Director of 8/22/94 -14- Public Services whether Staff had pointed out to the company its tardiness in sweeping up after completion of work. The Director of Public Services answered the contractor acted within the City's specifications. The specifications are being reviewed and the amount of time allowed for sweeping will be adjusted on future projects. Councilmember Rosene stated he believed the contractor was not timely based on the dates quoted by the City Engineer. The City Engineer explained the City could have pursued liquidated damages at approximately $50 per day if it had been worthwhile. The City has five years of good experience with the contractor and Staff felt it was more worthwhile to work together to get the project completed than to attempt to prove liquidated damages, which is difficult. Councilmember Rosene asked whether the contractor was told it would not be acceptable in the future to miss deadlines. The City Engineer said he was. Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK PERFORMED AND APPROVING FINAL PAYMENT, IMPROVEMENT PROJECT NO. 1994 -21, CONTRACT 1994 -D, 1994 SEALCOAT PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Barb Kalligher, and the motion passed unanimously. ADJOURNMENT There was a motion by Councilmember Kalligher and seconded by Councilmember Scott to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 8:37 p.m. J" 4' 1 *aW -, C -1 Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Barb Collman TimeSaver Off Site Secretarial 8/22/94 - 15 -