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HomeMy WebLinkAbout1992 04-13 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 13, 1992 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 Dave Rosene, and Philip Cohen. Excused were Councilmembers Celia Scott and Jerry Pedlar. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, Personnel Coordinator Geralyn Barone, and Council Secretary Carla Wirth. OPENING CEREMONIES Dean Nyquist 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 There were no Council reports. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Paulson inquired if any Councilmembers requested any items be removed from the consent agenda. He requested that items 10a, 10c and 10s be removed. APPROVAL OF MINUTES MARCH 23, 1992 - REGULAR SESSION There was a motion by Councilmember Rosene and seconded by Councilmember Cohen to approve the minutes of March 23, 1992, regular session as printed. The motion passed unanimously. 4/13/92 - 1 - MARCH 30. 1992 - SPECIAL SESSION There was a motion by Councilmember Rosene and seconded by Councilmember Cohen to approve the minutes of March 30, 1992, special session as printed. The motion passed unanimously. PROCLAMATION Member Dave Rosene introduced the following proclamation .and moved its adoption: PROCLAMATION DECLARING APRIL 26 -MAY 2, 1992, AS BROOKLYN CENTER VOLUNTEER RECOGNITION WEEK The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 92 -65 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AWARDING SALE OF $480,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS OF 1992, FIXING FORM AND TERMS THEREOF AND PROVIDING FOR THEIR PAYMENT The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen. The motion passed unanimously. RESOLUTION NO. 92 -66 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR CONSTRUCTION OF WELLHOUSE NO. 10, IMPROVEMENT PROJECT N OJ CT 0.1990- 16 CONTRACT 1990 -G The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen. The motion passed unanimously. RESOLUTION NO. 92 -67 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR WELL NO. 3 SAND REMOVAL, IMPROVEMENT PROJECT NO. ' 1992 -05, CONTRACT 1992 -A The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen. The motion passed unanimously. 4/13/92 -2- RESOLUTION NO. 92 -68 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING WORK AND APPROVING FINAL PAYMENT FOR WELL NO. 7 MAINTENANCE, IMPROVEMENT PROJECT NO. 1992 -06 The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen. The motion passed unanimously. RESOLUTION NO. 92 -69 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT, ACCEPTING PROPOSAL, AWARDING CONTRACT AND APPROPRIATING FUNDS FOR SECURITY IMPROVEMENT AT POLICE DEPARTMENT RECEPTION COUNTER, IMPROVEMENT PROJECT NO. 1992 -07, CONTRACT 1992 -F The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen. The motion passed unanimously. RESOLUTION NO. 92 -70 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING PROJECT, APPROVING PLANS AND SPECIFICATIONS, AND DIRECTING ADVERTISEMENT FOR BIDS FOR 1992 SEALCOATING, IMPROVEMENT PROJECT NO. 1992 -09, CONTRACT 1992 -G The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen. The motion passed unanimously. RESOLUTION NO. 92 -71 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION APPROVING SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR AERIAL BUCKET AND CHIPPER BOX The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen. The motion passed unanimously. RESOLUTION NO. 92 -72 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE PUBLIC UTILITY FEE SCHEDULE RELATING TO METER RENTALS The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen. The motion passed unanimously. 4/13/92 -3- RESOLUTION NO. 92 -73 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION REGARDING LEGISLATION ADOPTING NEW FINANCING TOOLS FOR REDEVELOPMENT The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen. The motion passed unanimously. RESOLUTION NO. 92 -74 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION DECLARING SURPLUS PROPERTY The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen. The motion passed unanimously. RESOLUTION NO. 92 -75 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1992 GENERAL FUND BUDGET TO ACCEPT A GRANT IN SUPPORT OF THE RESIDENTIAL REFORESTATION PROGRAM The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen. The motion passed unanimously. LICENSES There was a motion by Councilmember Rosene and seconded by Councilmember Cohen to approve the following list of licenses: FOOD ESTABLISHMENT Applebee's 1347 Brookdale Center Baskin Robbins 1277 Brookdale Center Beacon Bowl 6525 Lyndale Avenue North Breaktime Services 6660 Shingle Creek Parkway Bridgeman's Restaurant 6201 Brooklyn Boulevard Brookdale Covenant Church 5139 Brooklyn Boulevard Chuck Wagon Grill 5720 Morgan Avenue North Country Club Market 5715 Morgan Avenue North Jenny Craig Weight Loss Center 5951 Earle Brown Drive Donut Delight 5838 Humboldt Avenue North Hickory Farms Brookdale Center Holiday #504 6849 Brooklyn Boulevard Holiday Inn 2200 Freeway Boulevard 4/13/92 -4- FOOD ESTABLISHMENT (CONTINUED) Kentucky Fried Chicken 5512 Brooklyn Boulevard Neil's Superette 1505 69th Avenue North 1 Potato 2 1319 Brookdale Center Scoreboard Pizza 6816 Humboldt Avenue North Subs Etc. 6048 Shingle Creek Parkway Subway 1345 Brookdale Mall Subway- 1960 57th Avenue North SuperAmerica 6545 West River Road SuperAmerica 1901 57th Avenue North Target 6100 Shingle Creek Parkway U.A. Theatre 5800 Shingle Creek Parkway Yen Ching Mandarin Restaurant 5900 Shingle Creek Parkway MECHANICAL SYSTEMS Air Comfort Inc. 3944 Louisiana Circle Blaine Htg. A/C & Electric 13562 Central Avenue NE Bostrom Sheet Metal Works, Inc. 785 Curfew Street Delmar Furnace Exchange 4080 83rd Avenue North Ditter, Inc. 820 Tower Drive Excel Air Systems 2075 Prosperity Road F it a con Service 2668 Pattton Road Flare Htg. & A/C Inc. g 664 Mendelssohn Avenue North Gas Supply, Inc. 2238 Edgewood Avenue South General Sheet Metal Corporation 2330 Louisiana Avenue North Golden Valley Htg. & A/C 5182 West Broadway Home Energy Center 14505 21st Avenue North Horwitz Mechanical Inc. 5000 North Highway 169 Kleve Htg. & A/C Inc. 13075 Pioneer Trail Maple Grove Htg. & A/C 401 County Road 81 Milts Gas Heating Service Inc. 2500 Longview Drive Minnegasco 201 S. Seventh Street Minnesota Heating & A/C 6908 Georgia Avenue North NewMech Companies, Inc. 1633 Eustis Street Noel's Htg. & A/C, Inc. 4920 Zachary Lane P & H Services Company 208 73rd Avenue North Pete's Repair, Inc. 8835 Xylon Avenue North Pride Mechanical Inc. 3025 NE Randolph Street Riccar Htg. & A/C 2387 136th Avenue NW Ron's Mechanical 1812 East Shakopee Avenue Royalton Htg. & Cooling Co. 4120 85th Avenue North Sedgwick Htg. & A/C Co. 8910 Wentworth Avenue South Superior Contractors, Inc. 6121 42nd Avenue North Fred Vogt & Co., Inc. 3260 Gorham Avenue Yale Inc. 9649 Girard Avenue North 4/13/92 -5- MOTOR VEHICLE DEALERSHIP Brookdale Chrysler Plymouth 6121 Brooklyn Boulevard Brookdale Pontiac 6801 Brooklyn Boulevard Iten Chevrolet 6701 Brooklyn Boulevard North Star Dodge Center 6800 Brooklyn Boulevard RENTAL DWELLINGS Initial: Alchemedes Investment Co. Brookwood Manor Z & S Welsh Company Shingle Creek Apts. Douglas G. Finch 6637 Xerxes Pl. North The Menninger Clinic 6012 Zenith Avenue North Renewal: Brookdale Towers Program Brookdale Towers The Gaughan Companies Victoria Townhouses C. J. Schaber 5956 Beard Avenue North Howard and Harriet Oien 5801 Brooklyn Boulevard Robert and Marilyn Cashman 5622 Emerson Avenue North Eugene L. Temple 4207 Lakeside Avenue North, #235 Anna Gullord 5328 - 30 Queen Avenue North Kenneth R. Johnson 5301 Winchester Lane Joseph and Patricia Simon 2913 64th Avenue North Tim and Wendy Romashko 3300 64th Avenue North Valerie Blount 1316 68th Lane North SIGN HANGER DeMars Signs 4040 Marshall Street NE Leroy Signs, Inc. 6325 Welcome Avenue North Suburban Lighting Inc. 6077 Lake Elmo Avenue North SWIMMING POOL Brookdale Ten Apts. 3305 -3433 53rd Avenue North Days Inn 1501 Freeway Boulevard Earle Brown Farm Apts. 1701 -07 69th Avenue North Holiday Inn 2200 Freeway Boulevard TAXICAB Town Taxi 2500 Washington Avenue North #144 The motion passed unanimously. 4/13/92 -6- DISCUSSION ITEMS AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANCE The City Manager explained the Americans with Disabilities Act (ADA) is civil rights legislation designed to improve access to jobs and work places for people with disabilities. The ADA accomplishes this goal by setting standards for employment policies and practices as well as for premises of public accommodations and commercial buildings. Due to the length and complexity of this document, staff recommended the City work with Julee Quarve- Peterson of JQP, Inc. In response to Councilmember Cohen's question, the Personnel Coordinator indicated the consultant, if hired, would inspect the City's facilities and properties regarding code compliance issues to determine whether the City complies with ADA. If noncompliance is found, the consultant will make specific written recommendations. Reaching compliance may involve some additional costs. Also, the consultant will be a valuable information resource regarding vendors and accessibility of City programs and services. The Personnel Coordinator then reviewed the consultant's qualifications and past experience with program compliance issues. She added the consultant services would not include specific employment issues such as application or job description updates. It was noted the ADA became effective in 1992 and noncompliance was subject to action by the federal government. Councilmember Rosene questioned consulting services that may be available at the end of the, contract. The Personnel Coordinator felt the consultant would be willing to supply answers and /or information of a simple nature, but more complex situations may require another agreement. She added Ms. Peterson has already been a valuable resource for staff. Councilmember Rosene indicated he felt the need for this service had been well documented by staff. Mayor Paulson asked if there were other providers for this service. The Personnel Director explained staff did look at other sources but were unable to find one vendor with all of these qualifications. The City Manager presented a Resolution Amending the 1992 General Fund Budget and Authorizing the City Manager to Enter into an Agreement for Consulting Services Related to the Americans with Disabilities Act. RESOLUTION NO. 92 -76 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION 'AMENDING THE 1992 GENERAL FUND BUDGET AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR CONSULTING SERVICES RELATED TO THE AMERICANS WITH DISABILITIES ACT The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen. The motion passed unanimously. 4/13/92 -7- LEGISLATIVE UPDATE The City Manager indicated the proposed resolution would oppose a proposed redistricting plan (plan #2) of Metro Council member districts since Brooklyn Center would be separated from its traditional communit muni of interest, hi t which w h as the northwest suburbs. Councilmember Cohen provided a brief update regarding a recent legislative hearing on this matter. He concurred with the City Manager's comments and felt adoption of plan #2 would result in an injustice to northern suburbs. Councilmember Cohen pointed out the legislation which established the Metropolitan Council created districts representing communities of interest, and the proposed redistricting would fracture this structure. RESOLUTION NO. 92 -77 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION EXPRESSING BROOKLYN CENTER'S POSITION ON METRO COUNCIL REDISTRICTING The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen. The motion passed unanimously. The City Manager reported it appears the Legislature may extend the 6.5% sales tax to local governments which would impact the General Fund by $170,000 to $180,000. While this was not as great an impact as the Governor's original proposal, it was still a significant amount. The Utility Funds may also be subject to this proposal. Councilmember Cohen reported on the Senate Tax Conference Committee's rulings. He commented local government aid was not being used as promoted, as a trust fund, but by the State as a way to finance items which may even include pension plans in Minneapolis and state -wide. He felt LGA would be eliminated in the near future. Councilmember Cohen then reported that under Representative Carruthers' leadership, legislation was introduced to provide a 1.5% liquor and restaurant sales tax for use in housing and redevelopment. This legislation was currently being heard by committee. APPOINTMENT OF CITIZEN MEMBERS TO THE WATER MANAGEMENT PLAN TASK FORCE The City Manager indicated on January 27, 1992, Council approved a contract with Bonestroo, Rosene, Anderlik and Associates (BRAA) for engineering services relating to the development of a water management plan for the City. It was also proposed by staff that a Water Management Task Force be appointed consisting of representatives from BRAA, City staff and residents. He then reviewed names and qualifications for five citizens nominated by City staff. Councilmember Rosene commented while he had no problem with the names submitted, he felt more comfortable with opening the application P rocess to others who may be interested 4/13/92 -8- in applying. Mayor Paulson concurred indicating he would like to see more people involved and also assure gender balance. He suggested the matter be tabled to allow the application process to be opened to all residents. Councilmember Cohen felt the same format used for other commissions be considered including by -laws, length of term, etc. He suggested staff develop a policy regarding these issues. Mayor Paulson expressed an interest in working with staff to develop this policy. There was a motion by Councilmember Rosene and seconded by Councilmember Cohen to table appointment of citizen members to the Water Management Plan Task Force, direct staff to develop a policy for receipt of applications, appointment, by -laws for operation and length of term for AdHoc Task Forces with Council review at their April 27, 1992, meeting. The motion passed unanimously. REPORT ON EARLE BROWN BOWL OUTDOOR ACTIVITIES The City Manager explained last year the Council approved a special use permit between May 1 and Labor Day for an outdoor dining area and an outdoor volleyball court at the Earle Brown Bowl. A condition of approval included a review in one year. The Planning Commission reviewed the use and recommend approval of the continuance of the special use permit subject to compliance with the original 11 conditions. Councilmember Rosene concurred with this recommendation and indicated he had reviewed the operation and felt it was an asset to the community. The City Manager indicated Council action regarding the special use permit was not necessary unless they want to take specific action to revoke it. There was a motion by Councilmember Cohen and seconded by Councilmember Rosene to accept staff's report regarding the Earle Brown Bowl outdoor activities. The motion passed unanimously. RESOLUTION PASSED BY BROOKLYN CENTER CHAMBER OF COMMERCE REGARDING AN ORDINANCE LIMITING HOURS OF OPERATION FOR COMMERCIAL BUSINESSES The City Manager indicated the Brooklyn Center Chamber of Commerce has adopted a resolution regarding the City's ordinance limiting hours of operation for commercial businesses. They were requesting the Council analyze the need for buffers between 24 hour commercial operations and residential areas as part of the comprehensive business redevelopment, retention, and expansion plan and to delay passage of any ordinance limiting hours of operation prior to the completion of this plan. Councilmember Cohen felt it was a positive step forward to involve the Chamber of Commerce, and he appreciated their expression of interest. He suggested the Council accept their resolution and take no further action to remove this item from the table. 4/13/92 -9- Councilmember Rosene questioned the process for analyzing the need for buffers. The City Manager explained this issue will be addressed by the City's consultant in the Brooklyn Boulevard Study. Traditionally, this type of item was reviewed by the Planning Commission for their review and recommendation. There was a motion by Councilmember Cohen and seconded by Councilmember Rosene to accept the resolution adopted by the Brooklyn Center Chamber of Commerce regarding An Ordinance Limiting Hours of Operation for Commercial Businesses. The motion passed unanimously. RESOLUTIONS CONTINUED The City Manager presented a Resolution Approving the Engagement of Consultant Services for the Recruitment of a Police Chief. He indicated adoption was the final step to move this process forward and select a consultant to assist the City in the recruitment and selection process. Quotes were received from the Brimeyer Group, Inc. (BGI) and Labor Relations Associates (LRA). Staff recommended approval of the BGI quote since it was felt they would provide more up -front assistance, and a more thorough and detailed reference check and background investigation. Mayor Paulson explained he requested this item be removed from the consent agenda so Council could address the scope of the search and possibility of extending it to a national search. He felt extending beyond a regional search would result in candidates who may be more suitable to the City's needs. Mayor Paulson suggested the "not to exceed" limit remain and preliminary interviews and background checks take place before the applicant was flown in for personal interviews. The City Manager explained staff felt the "Midwest" area would result in adequate applicants, however, the City would not exclude applicants from outside the area. Also, letters would be sent to various Police Departments notifying them of the opening. He added that Police Departments have a good networking system and would become aware of the City's opening for a Police Chief. Councilmember Cohen felt the Mayor's suggestion for a nation -wide search could be accomplished by several well place advertisements in national Police publications, the New York Times or other west coast newspapers. The Personnel Coordinator pointed out timing was another issue and these publications would have deadlines that may not be able to be met within the City's recruitment schedule. Also, expenses would be higher due to airfares, screening a greater number of applications and consulting costs. The City Manager indicated the cost to advertise may a b e q uite expensive. y q exile s e. He suggested staff research costs that would be involved to increase the scope. I Councilmember Cohen supported allowing staff to determine the most cost effective way to advertise and determine the additional costs that may be incurred by increasing the scope. 4/13/92 _10- Staff could then make a recommendation to the Council for their consideration. There was a motion by Councilmember Cohen and seconded by Councilmember Rosene to direct staff to explore national search options using the most cost effective advertising method and to prepare a cost estimate for resulting increase in consultant screening. The motion passed unanimously. RESOLUTION NO. 92 -78 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE ENGAGEMENT OF CONSULTANT SERVICES FOR THE RECRUITMENT OF A POLICE CHIEF The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene. The motion passed unanimously. The City Manager presented a Resolution Amending the 1992 General Fund Budget to Provide for Wage and Salary Adjustments. He indicated the resolution distributes funding from unallocated to individual departments. In response to Mayor Paulson's question, the Director of Finance explained the difference between appropriated and adjusted amounts. The proposed resolution would approve the appropriation that was previously approved and designated in the pay plan. RESOLUTION NO. 92 -79 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION AMENDING THE 1992 GENERAL FUND BUDGET TO PROVIDE FOR WAGE AND SALARY ADJUSTMENTS The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen. The motion passed unanimously. The City Manager presented a report regarding bids received for construction of 69th Avenue North, Improvement Project No. 1990 -10, Contract 1992 -B. The Director of Public Works explained at first staff recommended the low bid from S.M. Hentges & Sons ( Hentges) be rejected for its failure to comply to the specifications, and that the contract be awarded to the next lowest bidder - Brown & Cris of Lakeville, Minnesota. Staff made this recommendation because the low bid contained a deviation from contract specifications by including an 8% mobilization bid, which exceeded the established limit of 5 %. However, after further analysis by the City Attorney and staff, this recommendation was reversed because it was felt the irregularity results in no material advantage over other bidders since the City can retain that portion of the mobilization costs which exceeds 5% of 4/13/92 the total bid until the project was substantially complete. Staff recommended the Council award the bid to S.M. Hentges & Sons subject to final approval of plans and specifications by MNDOT. David Hammargren, legal representative for Brown & Cris, agreed the Council has the discretion to waive a minor irregularity, but he felt the irregularity in Hentges' bid results in a substantial advantage over other bidders so the Council would not have the discretion to waive it. He felt the irregularity results in a financial advantage since mobilization costs were not contingent upon quantity amounts, and the contractor was assured of receiving 100% of the mobilization portion. Mr. Hammargren pointed out other bidders were unaware the Council may consider bids containing higher mobilization percentages. He felt another advantage for Hentges resulted in their opportunity to review all other bids after they were opened before deciding if they wanted to pursue this project. Mr. Hammargren pointed out staff originally recommended the Hentges' bid be rejected due to the irregularity and it be awarded to Brown & Cris. If Hentges had not asked the City to waive the irregularity, he felt the bid would have been awarded to Brown & Cris. Mr. Hammargren indicated the City is now in a difficult position because of potential liability from either side, and he felt the most prudent action would be to reject the Hentges' bid and award it to Brown & Cris since a decision of this type would be irreversible due to the irregularity situation. Councilmember Rosene pointed out the bid from Hentges was still $14,000 lower than the bid from Brown & Cris, even after consideration of the mobilization percentage difference. Mr. Hammargren indicated the City will have to pay for dewatering with the Hentges' bid, even if it was not necessary, since it was part of the mobilization costs. Dick Kavaney, legal representative for S.M. Hentges, agreed with the recommendation of the City Attorney to award the bid to Hentges. He reviewed Article 15 of the Special Conditions to the contract which includes language that the Council can make an analysis and determination regarding an irregularity. Mr. Kavaney disagreed with Mr. Hammargren regarding their ability to have a "second look" at everyone's opened bid since the City has always had control over the bids and Hentges has not had the right to withdraw it. He also felt all bidders were aware MNDOT allows the City to withhold payment of mobilization costs until the end of the project. Mr. Kavaney indicated he felt the Hentges' bid, which results in a 6% cost savings to the City, was sufficient reason to support staff's recommendation to waive the irregularity in their bid. In response to Councilmember Cohen's question, the City Attorney reviewed MNDOT specifications regarding mobilization costs and indicated the maximum advantage to Hentges' S% mobilization would be the payment of approximately $7,500 one or two months earlier than it would have been paid if only 5% had been bid. Assuming an interest rate of 10 %, this would.only amount to an advantage of $62.50 to $125. The disadvantage in a higher mobilization bid is that the City can withhold payment of the excess amount until the contract is complete even though the contractor has incurred these expenses much earlier 4/13/92 - 12 - in the project. He added most often contracts result in overruns with line items rather than underruns. If this project results in overruns, then it would be to the City's advantage to waive the irregularity in the Hentges' bid since it contains a lower unit price. A discussion then ensued regarding the indication from Brown & Cris (in their letter dated April 10, 1992) that the City request a court ruling on the issue before awarding the contract. The City Attorney indicated he was unsure whether the court would consider making a decision of this type but would probably prefer to allow the Council to award the bid and then determine the validity of the Council's decision. It was noted the Council can hold the bids for 45 days from the opening date; however, it may take longer than this for a court decision. With regard to a frivolous law suit, the City Attorney indicated the City has successfully made a bonding request in the past, but he hoped the matter would be resolved quickly enough to eliminate a law suit situation. Councilmember Cohen felt the Council should act on the staff's recommendation. He pointed out the Hentges' bid was lower by $14,000, and he agreed with staff's findings regarding waiving the irregularity. RESOLUTION NO. 92 -80 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR CONSTRUCTION OF 69TH AVENUE NORTH, IMPROVEMENT PROJECT NO. 1990- 10, CONTRACT 1992 -B The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene. Councilmember Rosene questioned possible precedence which may be established by waiving an irregularity of this type. The City Manager responded the irregularity under question was not of significant magnitude. Staff considered this factor in their recommendation. Graydon Boeck, 5601 Indiana Avenue, stated he is a resident and not representing either contractor but felt the Council needed to consider the trend of contractors to include high mobilization costs as a way to have the City finance their up -front costs and new equipment purchases. He felt a mobilization deviation of 3% was significant and asked where the Council intended to "draw the line ". Mr. Boeck urged the Council to not waive the irregularity and maintain a 5% mobilization limit. Councilmember Rosene indicated he understood the need to recognize established limitations, but in this case the advantage has been demonstrated by staff to be minimal. The City Attorney again reviewed MNDOT's requirements for mobilization costs. 4/13/92 -13- Councilmember Cohen acknowledged Mr. Boeck's comments in the light that he (Mr. Boeck) will not have to face the legal consequences in the award of this bid. He pointed out the Council's source of technical advice was with the City Attorney, City Manager, Director of Public Works, and other staff, and he has seen no evidence Hentges deliberately inflated their bid. He supported staff's recommendation since the City can save $15,000 by waiving the irregularity and withhold payment of the excess mobilization cost until the project was substantially complete. Mr. Boeck thanked the Council for the opportunity to voice his concern. Bill O'Meara, 6937 France Avenue, asked if the Council could reject all bids and rebid the project. The Director of Public Works indicated this was an option but the existing bids were $300,000 below the engineer's estimate, and staff felt the new bids would be substantially higher. Rebidding would also result in a five to six week delay and cost several hundred to a thousand dollars in additional material and publication costs. Attorneys for Hentges and Brown & Cris were again given the floor to reiterate their positions. Mr. Hammargren indicated the court should be asked to consider the issue rp for to award of the bid. He felt the courts would act quickly, and the matter could be resolved by the Council's next meeting. Mr. Hammargren pointed out MNDOT approval was still needed so he did not feel a two -week delay would hamper the process. He concluded his remarks by indicating Hentges flagrantly failed to comply with the City's specifications and waving the irregularity will establish a precedence for future consideration. With regard to the possibility of the court awarding damages, Mr. Kavaney indicated damages would only be received if performance was already undertaken. He felt waiving an irregularity was at the Council's discretion, and the court would not interfere with that process. Councilmember Cohen stated he felt it was the Council's obligation to take action and let the process proceed. He added his motion on the floor to award the bid to Hentges was based on input from the City's legal counsel and professional staff. Councilmember Cohen stated he felt Hentges was the valid low bidder. Mayor Paulson asked if the temporary restraining order process would give the City an indication of what the court would determine. The City Attorney responded the judge's decision to award a restraining order may be some indication of whether there was reasonable probability of the merits. He added that he does not feel a final ruling on these merits would be completed before the Council's next meeting. Councilmember Cohen pointed out the Council will be meeting several times in the next two weeks when this item could be readdressed, if necessary. He stated there was a motion on the floor and asked the Mayor to call the question. 4/13/92 -14- Mayor Paulson indicated the discussion being held is clarifying the issues. He asked if the Council could adjust their decision if they award the bid to Hentges and an injunction is approved. The City Attorney advised it may be difficult to cancel the contract after it is approved. Mr. Kavaney added the competitive bid statute allows the City to only enter into one contract for a specific project at a time. Councilmember Rosene felt the Council had the responsibility to save tax dollars, and he does not view waiving the irregularity as resulting in a substantial material advantage. He indicated he supported the motion on the floor. He understood Brown & Cris was willing to obtain some indication from the court regarding this matter with the option that the City may turn to them to fulfill the contract if so indicated by the courts. Mr. Hammargren asked if the City may be liable for a claim of breach of contract by Hentges if they were awarded the contract tonight and it was overturned by the courts. The City Attorney indicated he was unaware of any case in Minnesota where the city was ruled responsible in a situation of this type. He pointed out Hentges were being represented by legal counsel and have not been misled in any way. The City Attorney added the contract was being awarded at the behest of Hentges. The motion passed unanimously. _ RECESS The Brooklyn Center City Council recessed at 9 p.m. and reconvened at 9:10 p.m. The City Manager presented a Resolution Approving Agreement with Northern States Power Company for Utility System Revision on 69th Avenue North, Improvement Project No. 1990 -10. He indicated this agreement provides that NSP will place all of their distribution and service lines on 69th Avenue underground. It also includes installation of two street lights at each intersection and rovides electrical service to the traffic signal P g systems. RESOLUTION NO. 92 -81 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION APPROVING AGREEMENT WITH NORTHERN STATES POWER COMPANY FOR UTILITY SYSTEM REVISIONS ON 69TH AVENUE NORTH, IMPROVEMENT PROJECT NO. 1990 -10 The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene. The motion passed unanimously. The City Manager presented a Resolution Accepting Bid and Awarding Contract for Trunk Sewer Replacement under 194/694, Improvement Project No. 1992 -03, Contract 1992 -D. He indicated four bids for this work were received on April 2, 1992. Staff recommended the 4/13/92 - 15 - I contract be awarded to Barbarossa & Sons, Inc., the lowest bidder, in the amount of $198,831. RESOLUTION NO. 92 -82 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR TRUNK SEWER REPLACEMENT UNDER I94/694, IMPROVEMENT PROJECT NO. 1992 -03, CONTRACT 1992 -D The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen. The motion passed unanimously. The City Manager presented a Resolution Accepting Bid and Awarding Contract for 1992 Diseased Tree Removal, Improvement Project No. 1992 -10, Contract 1992 -E. He indicated two bids for this work were received on April 9, 1992. The base bids provide for removal of all diseased trees, as provided by the City's past policy. Alternate bids, which do not cover the removal of trees from backyard areas, were also received. If Council accepts this alternate, property owners who have diseased trees in their backyard areas will be responsible for their removal. However, it was estimated the City's annual cost could be reduced by approximately $8,400. Staff recommended the acceptance of the low Alternate B bid of Ceres Tree Service in the amount of $39,890. Mayor Paulson asked if elderly residents would have to obtain a contractor of their own to remove trees on their property. The City Manager indicated they would, and it appears they were taking this option already. He explained staff felt it would be an advantage for residents to use the City's contractor, but in this case there does not appear to be an advantage in joint buying power. Dropping this option would result in a savings to the City. The Director of Public Works concurred and explained the differences between Alternates A and B. Councilmember Rosene indicated support of staff's recommendation for Alternate B since many residents were not using the City's contractor and dropping this option results in a savings for the City. RESOLUTION NO. 92 -83 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR 1992 DISEASED TREE REMOVAL, IMPROVEMENT PROJECT NO. 1992-10, CONTRACT 1992 -E The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen. The motion passed unanimously. 4/13/92 - 16 - I The City Manager presented a Resolution Appropriating Funds, Approving Specifications and Directing Advertisement for Bids for the Purchase of a Tractor Equipped with Backhoe and Front -End Loader. He indicated the City's existing loader has been found to be unsafe to operate, and not cost - effective to repair. Under the 12 -year replacement program, this unit was scheduled for replacement in 1993. However, because of the safety problem, staff recommended that it be replaced immediately. This unit is primarily used for repairs to public utilities so staff recommended the costs be paid from the public utility funds (one - third from water utility fund, one -third from sanitary sewer utility fund, and one -third from storm drainage utility fund). RESOLUTION NO.'92 -84 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION APPROPRIATING FUNDS, APPROVING SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS FOR THE PURCHASE OF A TRACTOR EQUIPPED WITH BACKHOE AND FRONT -END LOADER The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene. The motion passed unanimously. The City Manager presented a Resolution Approving Installation of a Chain Link Fence at the Evergreen Baseball Field, Accepting Proposal, Amending the 1992 General Fund Budget, and Awarding Contract. He indicated employees made this recommendation g g during the prioritization process. The payback period for this expenditure from resulting labor savings was less than one year. Councilmember Rosene questioned the height of the proposed fence and the potential danger of a player falling over it when attempting to catch the ball. The City Manager responded the City has increased the height of baseball field fences. In this case, the field was used for Little League games. Mayor Paulson requested an update on remaining balances in the contingency fund. The City Manager indicated staff would provide this update. RESOLUTION NO. 92 -85 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION APPROVING INSTALLATION OF A CHAIN LINK FENCE AT THE EVERGREEN BASEBALL FIELD, ACCEPTING PROPOSAL, AMENDING THE 1992 GENERAL FUND BUDGET, AND AWARDING CONTRACT The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen. The motion passed unanimously. 4/13/92 -17- I The City Manager presented a Resolution Approving the Purchase of a Trailer for Transportation of the Municipal Band's Musical Instruments, Accepting Proposal, Amending the 1992 General Fund Budget, and Awarding Contract Therefore. He indicated staff made this recommendation during the prioritization process. Analysis shows the payback period for this expenditure is less than two years. Purchase of an additional multipurpose trailer results in savings of overtime hours caused by the need to load and unload the existing trailer. RESOLUTION NO. 92 -86 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE PURCHASE OF A TRAILER FOR TRANSPORTATION OF THE MUNICIPAL BAND'S MUSICAL INSTRUMENTS, ACCEPTING PROPOSAL, AMENDING THE 1992 GENERAL FUND BUDGET, AND AWARDING CONTRACT THEREFORE The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen. The motion passed unanimously. The City Manager presented a Resolution Supporting Legislation to Authorize Cities to Establish a Transportation Utility. Council agreed with Mayor Paulson's suggestion to amend the proposed resolution by changing the term "transportation" to "transit" in the fourth Whereas section as well as item 3. RESOLUTION NO. 92 -87 Member Philip Cohen introduced the following resolution and moved its adoption: RESOLUTION SUPPORTING LEGISLATION TO AUTHORIZE CITIES TO ESTABLISH A TRANSPORTATION UTILITY The motion for the adoption of the foregoing resolution was duly seconded by member Dave Rosene. The motion passed unanimously. In response to Councilmember Cohen's question, the Director of Public Works provided an update on the Legislative hearings regarding the transit issue. It was felt some action may be taken by the Legislature on this matter during their next session. Mayor Paulson questioned the procedure for establishment of a transportation utility. The City Attorney responded a Charter amendment has the same level of importance as an act of the Legislature, unless it was preempted by legislation. If not preempted, the City may have the authority through their Charter. 4/13/92 - 18 - There was a motion by Councilmember Cohen and seconded by Councilmember Rosene to direct staff to investigate legal constraints regarding the establishment of a transportation utility for Council consideration in June. The motion passed unanimously. The City Manager presented a Resolution Establishing Adopt -A -Park, Adopt -A- Trail, and Adopt -A- Street Programs. Mayor Paulson questioned the possibility of an "Adopt -A- Block" program. The City Manager stressed the importance of having the program under the City's "umbrella" of insurance coverage. The Director of Public Works explained the proposed resolution addresses the adoption of public facilities and does not encompass private property. Councilmember Rosene agreed an "Adopt -A- Block" program would go beyond the scope of this program but perhaps it could be addressed as a separate issue. Victor Henry, 5819 June Avenue N., requested the Council address having this program extend to cover the MAC property by the Crystal Airport which was a designated wildlife area. The Director of Public Works pointed out it is already included. RESOLUTION NO. 92 -88 - Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHINGADOPT -A- PARK, ADOPT -A- TRAIL, AND ADOPT -A- STREET PROGRAMS The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen. The motion passed unanimously. The City Manager presented a Resolution Establishing Water Distribution System Improvement, Contract 1992 -H, Ordering the Preparation of Plans and Specifications and ` Directing Advertisement for Bids. He reported the contractor that started this project was no longer in business so the project needs to be rebid. The City Engineer estimates completion of the project may cost approximately $45,000 to $60,000 which could be recovered from the contractor's bond. He recommended the project be rebid. RESOLUTION NO. 92 -89 Member Dave Rosene introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING WATER DISTRIBUTION SYSTEM IMPROVEMENT, CONTRACT 1992 -H, ORDERING THE PREPARATION OF PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen. The motion passed unanimously. 4/13/92 -19- ADJOURNMENT There was a motion by Councilmember Rosene and seconded by Councilmember Cohen to adjourn the meeting. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:39 p.m. 0 Deputy City Clerk Todd Paulson, Mayor Recorded and transcribed by: Carla Wirth Northern Counties Secretarial Services I - - I i 4/13/92 -20-