HomeMy WebLinkAbout1980 09-17 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
SEPTEMBER 17, 1980
CITY HALL
CALL TO ORDER
The Brooklyn Center City Council met in special session and was called to order
by Mayor Dean Nyquist at 7:10 p.m.
ROLL CALL
Mayor Dean Nyquist, Councilmembers Tory Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott. Also present were City Manager Gerald Splinter, Director of Public
Works Sy Knapp, Superintendent of Public Utilities Cap Smith and Administrative
Assistant Tom Bublitz.
INVOCATION
The invocation was offered by Councilmember Lhotka.
RESOLUTIONS
The City Manager introduced a resolution authorizing execution of an agreement
with Orr- Schelen- Mayeron and Associates, Inc. for review of preliminary design
for 57th Avenue North storm sewer extension. He explained, the preliminary
design for this project was prepared and submitted by a developer's engineering
consultant and pointed out the analysis of this system is complex because it
involves a pressure pipe system, review of flood plain requirements, and a
review of the adequacy of the upstream system which is in place. Because it
is proposed to levy special assessments against all properties served by this
storm sewer system, he stated, it is recommended that an independent firm be
hired to review the preliminary design. The cost of this review, he pointed
out, will be charged to this project.
The Director of Public Works stated, there are special factors in this system
because it is a pressure system rather than a gravity system and these special
factors present unique problems with regard to design. He added, the system
would also be located in the 100 -year flood plain which also presents additional
problems.
Mayor Nyquist inquired whether the firm would also be involved in the next
j phase of the project. The Director of Public Works stated that the consulting
firm would probably be involved in the final design of the plans and specs.
RESOLUTION NO. 80 -222
Member Gene Lhotka introduced the following resolution and moved its adoption:
i
j RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH ORR- SCHELEN- MAYERON AND
ASSOCIATES, INC. FOR REVIEW OF PRELIMINARY DESIGN FOR 67TH AVENUE NORTH STORM
SEWER EXTENSION
The motion for the adoption of the foregoing resolution was duly seconded by
member Bill Fignar and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution was declared duly passed and adopted.
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The City Manager introduced a resolution authorizing execution of a negotiated
contract with Shafer Contracting Company, Inc. for installation of a water main
casing pipe crossing under I -94 at westerly edge of Central Park. He explained,
the City's consulting engineers, Black and Veatch, have completed their preliminary
review of the City's water supply system and one of the major elements of their
recommendations is to install a 16" water main across I -94 near the westerly
edge of Central Park. He added, it would obviously have been better to do this
work ahead of the I -94 construction, however, the 1972 study of the water
distribution system did not include this recommendation and the staff was not
aware of the need for this until now. Because I -94 is under construction, he
pointed out, the City is not able to interfere with that construction by
this work under a separate contract without the consent of the I -94 contractor,
and that contractor has advised the City that he will not allow any contractor
other than his own subcontractor to work within his construction limits. Accord-
ingly, he explained, we have negotiated a proposed contract with that subcontractor,
Shafer Contracting Company, Inc. to install this crossing and the Director of
Public Works has reviewed the proposal from Shafer and has determined that the
price is fair. He added, the Director of Public Works also advises that if
this work is not done now, the cost for installing it at some future date would
be considerably higher, because it is now still possible to place a "jacking pit"
in the center median, jacking both ways for that pit under the in place pave-
ments and open trenching under areas where the pavement has not yet been
constructed. In the future, he explained, it would be necessary to jack more
than 220 feet from one direction. Accordingly, he explained, it is estimated
that the cost savings will be in excess of $10,000.
The Director of Public Works stated Black and Veatch is recommending a system
improvement, that being the 16" water main on Freeway Boulevard crossing I -94
along 63rd'to Beard Avenue where it will tie into a heavy water main. He
explained this project will assume full utilization of the three water towers
at peak demand times. He explained this is necessary to meet future peak
demands and Black and Veatch has recommended this as the most economical way
to reinforce the water system. He explained it is proposed to install a 30"
casing pipe now and install the carrier pipe later. Councilmember Fignar
inquired what the $30,000 represented in the resolution. The Director of
Public Works explained the $30,000 is the cost of installing the casing pipe.
Councilmember Lhotka inquired what the staff's concern was regarding a future
peak demand. The Director of Public Works stated, with a peak demand, adequate
levels in the water towers may not be maintained for fire fighting purposes
without a system improvement. Councilmember Lhotka then inquired what the
total cost of the entire system improvement would be. The Director of Public
Works stated, the total cost would be between one and a half and two million
dollars. Councilmember Fignar inquired whether this would be paid out of the
utilities fund and the Superintendent of Utilities stated this would be the
case, that it would be paid out of the utility fund.
RESOLUTION NO. 80 -221
Member Celia Scott introduced the following resolution. and moved its adoption:
RESOLUTION AUTHORIZING EXECUTION OF A NEGOTIATED CONTRACT WITH SHAFER
CONTRACTING COMPANY, INC. FOR INSTALLATION OF WATER MAIN CASING PIPE UNDER I -94
The motion for the adoption of the foregoing resolution was duly seconded by
member Tony Kuefler, and upon vote being taken thereon, the following voted
in favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar, Gene Lhotka, and
Celia Scott; and the following voted against the same: none, whereupon said
resolution: was declared duly passed and adopted.
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CORRECTION
DISCUSSION ITEMS
REQUEST FROM CEAP REGARDING PAYMENT FOR NEW CEAP BUILDING
The City Manager referred Council members to a letter from Reverend Daniel
Lowry requesting the Council to amend their resolution concerning the payment
time for the $135,000 which was allocated to CEAP for payment of services
and to request that the interest on the insurance money in escrow be given to
CEAP for the building fund.
Mayor Nyquist questioned whether this request would conflict with condition
no. 6 in the Council's original resolution which stated the terms and conditions
set forth in the agreement would not again be considered by the Council.
Councilmember Kuefler stated, the intent of that condition was that the amount
not be increased during the life of the contract. Mayor Nyquist stated that
he does not have a problem with paying the fund to CEAP now, but that he did
have a problem with paying the interest. Councilmember Kuefler inquired how
far along the project was. Mr. Howard fleck, representing CEAP, stated that
the building walls are now up and that they are hoping to occupy the building
in late November or early December.
Councilmember Fignar inquired whether CEAP had looked into interim financing
for the project. Mr. Heck stated that CEAP has made the first payment to the
contractor and they now have-only $5,000 left in the building fund. He
explained further, interim financing will be necessary if CEAP cannot get
money from the City of Brooklyn Center.
Councilmember Lhotka stated that his original understanding was that CEAP had
examined this agreement very carefully before they entered into it. Council-
member Kuefler stated that CEAP's board.is a citizen group and apparently
someone did not look to the resolution to determine the payment schedule. Mr.
Heck stated that we were under the understanding that the money would be avail -
able when the building permit was issued. Mayor Nyquist inquired whether it
was logical for CEAP to receive interest on money that the City is paying to
CEAP for services to be received five years in advance. Mr. Heck stated it was
his understanding that CEAP would ask for the interest on the $115,000 received
from the insurance after the fire. Councilmember Kuefler stated, the interest
on the previously committed funds of $135,000 has been held in the bank because
the project was not completed. He pointed out, the project would have been
completed earlier if CEAP would have been able to procure a site sooner; there-
fore, he stated he has no problem with giving CEAP the additional money they
are requesting.
The City Manager stated he would recommend making one payment since CEAP would
be required to provide the City a descending lien on the property. He stated
the Council could make a motion amending the original resolution which authorized
the payment to CEAP.
There was a motion by Councilmember Kuefler and seconded by Councilmember Scott
to amend Resolution No. 79 -256, a resolution authorizing execution of an agree -
ment between the City of Brooklyn Center and the Community Emergency Assistance
Program Inc. for the provision of services to allow immediate payment of the
funds allocated for services and to add to the amount the interest accrued on
the $135,000.00. In discussion of the motion, Councilmember Lhotka stated that he
has problems with increasing the $135,000 in consideration of the sixth condition
of the original resolution which stated the terms and conditions set forth in the
agreement will not be reconsidered by the Council during the life of the contract.
Councilmember Kuefler stated the $135,000 originally allocated has decreased in
value because of inflation and that adding the additional amount makes up for
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the inflation and the fact that CEAP was unable to procure land for the building:
earlier. Councilmember Figanr stated he would be in favor of tying the additiona1
funds to the $115,000 but not to the $135,000. Councilmember Kuefler stated that
he would accept an amendment to the motion from Councilmember Fignar to calculate
the interest on the $115,000 rather than the $135,000. Mayor Nyquist stated
there appears to be a question of legality in adding the additional funds to the
executed contract. He stated, if the City is to give CEAP additional funding,
the Council should amend the original amount and not give the interest on the
contract amount. Councilmember Lhotka suggested giving the $135,000 now and
resolve the interest problem later. The City Manager stated that this would
be possible if the Council feels more comfortable in proceeding in this manner.
Councilmember Scott withdrew her second from the motion and Councilmember Kuefler
withdrew his motion to add the interest on the $115,000 and to`allow immediate
payment of the $135,000 plus interest to CEAP.
RESOLUTION NO. 80 -221A
Member Tony Kuefler introduced the following resolution and moved its adoption:
RESOLUTION AMENDING RESOLUTION NO. 79 -256 REGARDING AN AGREEMENT BETWEEN THE
CITY OF BROOKLYN CENTER AND THE COMMUNITY EMERGENCY ASSISTANCE PROGRAM, INC., -.
FOR THE PROVISION OF SERVICES
The motion for the adoption of the foregoing resolution was duly seconded by
member Celia Scott; and upon vote being taken thereon, the following voted in
favor thereof: Dean Nyquist, Tony Kuefler, Bill Fignar and Celia Scott; and
the following voted against the same: Gene Lhotka, whereupon said resolution.
was declared duly passed and adopted.
The City Manager stated, when the lien document is prepared, the City can make
payment to CEAP and that the City Attorney will draft the lien document for
Council review. Resolution 80 -221A amended Resolution 79 -256 by increasing the
dollar amount.to be paid to CEAP for services from $135,000 to $144,000 and to
allow immediate payment of the $144,000 contingent on the preparation of lien
documents on the CEAP property and building.
RECONVENE PUBLIC HEARING ON 1981 CITY BUD
Mayor Nyquist opened the meeting for the purposes of a public hearing on the 1981
City Budget. The City Manager stated he would like to clear up some of the
issues related to the cut in State aids made by Governor Quie recently. He ex-
plained there is still a question when the cuts will come. He noted the League
of Minnesota Cities has requested that the State make the 1980 final. payment to
cities on December 31, 1980. The City Manager stated that this would not pre-
sent a great problem to the City and the staff does not object to the League's'
request. In terms of revenue, he stated, the City will have enough revenue in
1980 to cover the $87,000 cut out of the 1980 Budget by the State.
The City Manager stated that, as in past years, the simplest way to review the
City Budget is to go through the Budget department by department.
CITY COUNCIL BUDGET - NO. 11
The City Manager pointed out the Mayor has informed him that he feels membership
in the U.S. Conference of Mayors would be beneficial and useful and that this
membership would cost $1,000 per year. He pointed out, that since the Mayor
does ,not take a salary, the funds could be transferred from the Mayor's salary
allocation to pay for the membership in the U.S. Conference of Mayors, Council -
member Kuefler stated he would support this, especially if the U.S. Conference
of Mayors is as useful at the National League of Cities. Councilmember Fignar
stated he believes it should be added to the Council portion of the Budget,'
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CHARTER COMMISSION - NO. 12
The'City Manager stated that the amount recommended by the staff for the Charter
Commission has been accepted by the Chairman of-the Charter Commission as
adequate.
CITY MANAGER'S OFFICE - NO. 13
The City Manager proceeded to review the City Manager's Budget and Councilmember
Lhotka questioned what Item 4310 in the Budget referred to. The City Manager
explained Item 4310 funded such things as the labor consultant, industrial
psychologist, and other information such as that received from Stanton
Associates, Inc.
ELECTIONS AND VOTERS REGISTRATION - NO. 14
The City Manager explained there is a reduction in the 1981 Budget from 1980
since there are fewer elections than in 1980.
ASSESSING - NO. 15
The City Manager stated the procedure followed in the Assessor's Department is
that once every four_ years, all property in the City is re- evaluated. He
explained the staff is recommending modifications in the use of personal autos
for this department and that two staff cars have been made available for the
Assessing staff, these autos being made available by transferring them from
the two existing staff cars. He explained the heaviest driving involving
staff personnel, other than the Police Department, is from the two Building
Inspectors and two Assessors. He explained, by using staff cars for these
departments, the visibility of these employees will be increased and this
procedure will be more economical than paying these individuals mileage on
their personal cars since the staff cars will be between four and five years
old.
The City Manager proceeded to review the finance and independent audit portions
of the Budget Nos. 16 and 17 respectively.
LEGAL COUNSEL - NO. 18
Councilmember Lhotka inquired whether the $65,000 requested in the legal counsel
budget would include the remainder of the Howe case. The City Manager stated
there is not a specific portion of the $65,000 allocated to the Howe case,
rather these expenditures would be paid as they come in. Councilmember Lhotka
stated he would like to receive a break -down of the $65,000 in terms of cost
allocation and the City Manager stated that he would provide this break -down.
RECESS
The Brooklyn Center City Council recessed at 8:55 p.m. and reconvened at 9:07
P.m.
GOVERNMENT BUILDINGS - NO. 19
Councilmember Lhotka inquired what the telephone system enhancements on page
45 of the City Budget referred to. The City Manager explained this was a call
forwarding system for the Street Department, since currently the phone must
ring five times before the call is forwarded and some individuals calling do
not wait the five or six rings it takes to forward the call. He added, the
item also includes modification of the phones in the Assessor's Department,
because of the LOGIS system an additional phone is needed.
Mayor Nyquist inquired why the phone costs appear to be up from the 1979 Budget.
He stated it was his understanding the phone costs would go down with the new
phone system. The City Manager stated he would check on this item and return
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to the Council with an explanation. Mayor Nyquist stated that the Council would
recess the Budget hearing at 10:00 p.m. and carry over what remains of the
Budget review to the Monday night agenda since the Monday night meeting has a
relatively short agenda.
The City Manager reviewed the detached worker budget - No. 21 for Council
members.
POLICE PROTECTION - NO. 31
The City Manager proceeded to review the Police Department budget requests for
Council members. Councilmember Lhotka questioned what the increase in Item
4322 accounted for. The City Manager explained this was the Citizen Aid
Program which has been added to maintain a communications link to elderly,
shut -in, or physically handicapped citizens. Councilmember Lhotka also
inquired what Item 4412, miscellaneous investigation, referred to. The City
Manager explained this was the fund for travel expenses for investigators
required to perform investigations out of state. Mayor Nyquist inquired what
Item 4312 represented. The City Manager explained this item involved lie
detector tests and also.additional professional services.
FIRE DEPARTMENT - NO. 32
The City Manager proceeded to review the Fire Department requests for the 1981
Budget for Council members. Councilmember Fignar inquired whether the fire
hose in the budget was a replacement or new hose. The City Manager stated the
fire hose was a replacement of 1,500 feet of hose lost in the Federal Lumber
fire. Councilmember Lhotka inquired why new helmets were required for the
Fire Department. The City Manager explained that the department's current
helmets are not OSHA approved and this is an upgrading of the present helmets.
Councilmember Lhotka inquired why there was such an increase in Item 4322
over last year. The City Manager stated he will check to verify this but he
believes it is for a separate phone line into the fire stations which would
provide a phone link to the stations when the City switch board is closed down.
PLANNING AND INSPECTIONS - NO. 33
The City Manager reviewed the,Planning and Inspections Department budget and
stated there are virtually no changes over the 1979 Budget except the addition
of one vehicle for the inspectors.
The City Manager proceeded to review the Emergency Preparedness Budget (No. 34)
and the Animal Control Budget (No. 35).
ENGINEERING DIVISION - NO. 41
The City Manager reviewed the requests made by the Engineering Division for
1981. He explained the $5,000 in the drafting budget was deleted but that
Item 4130 should be $19,000 rather than $14,000. Councilmember Lhotka inquired
whether the amount of page 71 listed for aerial mapping would complete
coverage of the entire City. The City Manager explained that he did not
believe this was the final phase but that he would check with the Engineering
Department and find out if there is an additional phase beyond the one
contemplated in 1981. Councilmember Kuefler inquired whether the staff had
checked into Hennepin County's computer mapping equipment and how this would
coordinate with the City's mapping. The City Manager stated that he would
have the Director of Public Works explain Hennepin County's program at
Monday night's meeting.
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CORRECTION
Councilmember Lhotka inquired whether the amount requested for Item No. 4310,
professional services, was adequate for 1981. The City .Manager explained
this figure did not relate to specific projects -but it would be for such
things as traffic studies, hydrology studies, and other special areas where the
staff may not have expertise.
STREET CONSTRUCTION AND MAINTENANCE DIVISION- NO. 42
Councilmember Scott requested an explanation of the jet rodder requested in
the 1981 Budget. The City Manager explained the jet rodder was for storm sewer
and sanitary sewer cleaning and was a system that would jet the material back
to a manhole and vacuum it up. He stated that, supposedly, the jet rodder
does the job of four to five pieces of separate equipment.
VEHICLE MAINTENANCE DIVISION - NO. 43
The City Manager explained the only significant cost for this budget was the
metric tools required for the squad cars.
TRAFFIC SIGNALS - NO. 44
The City Manager explained the increased costs in this division was due to
increased electric costs. He explained, governmental agencies above that of
municipalities are billing cities for more and more services. He cited an
example of the County charging the City $58 -per person for booking charges.
He explained his intent was to meet with other cities in the metro area to
develop a task force to review the rationale for County user fees. Council-
.
member Kuefler suggested having the Metro Association of Cities examine this.
ADJOURNMENT
There was a motion by Councilmember Lhotka and seconded by Councilmember
Scott to adjourn the meeting. Voting in.favor: Mayor Nyquist, Councilmembers
Kuefler, Fignar, Lhotka, and Scott; voting against: none, the motion passed
unanimously. The Brooklyn Center City Council adjourned at 10:07 p.m.
Clerk Mayor
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