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HomeMy WebLinkAbout1979 03-26 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 MARCH 26, 1979 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order by Mayor Dean Nyquist at 7 :03 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Tony Kuefler, Bill Fignar, Gene Lhotk^, and Celia Scott. Also present was City Manager Gerald Splinter, Acting Director of Public Works James Noska, City Attorney Richard Schieffer, Director of Planning and Inspection Ron Warren, Director of Finance Paul Holmiund, City Clerk Al Lindman, Director of Parks and Recreation Gene Hagel, and Administrative Assistants Mary Harty and Brad Hoffman. INVOCATION The invocation was offered. by Councilmember Scott. APPROVAL OF MINUTES - MARCH 12, 1979 There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to approve the minutes of the City Council meeting of March 12, 1979 as submitted. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. Voting against: none. The motion passed. Councilmember Fignar abstained as he was not present at the March 12 Council meeting. OPEN FORIJM Mayor Nyquist opened the meeting for the purposes of the Open Forum session. The Mayor recognized Mr. Vern Velasco, 5613 Aldrich Avenue North, who encouraged Council support and attendance at Kaleidoscope 1979. Mr. Velasco noted lie was the Chairperson of Kaleidoscope '79. He stated Kaleidoscope was a showcase of the resources of the community. Kaleidoscope provides a lively atmosphere in which community resources and services can show themselves to the City. He noted it was expected that over 4,000 people would attend. Admission for Kaleidoscope is free. Mr. Velasco did encourage Council members to purchase a Kaleidoscope button for $1 as a way of voluntarily supporting Kaleidoscope. He explained Kaleidoscope '79 was the fourth Kaleidoscope. Mayor Nyquist offered the City's and the Council's support for Kaleidoscope and indicated the Council was planning on attending. Mayor Nyquist inquired if there was anyone else present who wished to address the Council as part of the Open Forum; there being none, the Mayor proceeded with the rest of the meeting. APPOINTMENTS The City Manager introduced the next agenda item, an appointment to the Human Rights Commission. He noted the Council had received in their agenda packet an application for appointment to the Brooklyn Center Human Rights Commission from Ms. Ember D. Reichgott. Councilmember Lhotka explained Mr. Al Weyrauch, Chair of the Human Rights Commission, and he had interviewed Ms. Reichgott and recommend her appointment to the Human Rights Commission. 3 -26 -79 -1- There was a motion by Councilmember Lhotka and seconded by Councilmember Fignar to approve the appointment of Ms. Ember Reichgott to the Brooklyn Center Human Rights r Kuefler, Fignar, Lhotka Commission. Voting in favor: Mayor Nyquist, Councilmembe s g , , and Scott. Voting against: none. The motion passed unanimously. The City Manager explained the next agenda item was an appointment to the CATV Com- mission Subcommittee. He explained the subcommittee was being created to study and initiate a "needs assessment" for the proposed nine communities CATV Commission. The "needs assessment" is a requirement of the State Cable Board before franchising negotiations may be initiated with companies providing cable television service. He further explained it was decided that one representative from each of the nine communities should be a member of the subcommittee. Regardless of whether communities decide to franchise with cable service companies individually, or jointly through the CATV Commission, a great deal'of preliminary work can be done at this time on the "needs assessment" which will benefit each community. The City Manager noted the representative appointed to the subcommittee may be a City staff person or an elected official. Councilmember Fignar noted he would be interested in serving on the subcommittee but did have a conflict with the first meeting scheduled. The City Manager suggested Councilmember Fignar might wish to be designated as the representative from the City of Brooklyn Center with Administrative Assistant Mary Harty serving as the alternate member. There was a motion by Councilmember Kuefler and seconded by Councilmember Lhotka to appoint Councilmember Fignar as the representative from Brooklyn Center to the CATV Commission Subcommittee with Administrative Assistant Mary Harty serving as the alternate. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, T.bntkn_ and Srntt_ Vntinu a: airiGt h6ii.e. The motion oassed unanimously. RESOLUTIONS The City Manager introduced a resolution accepting bids for furnishing and installing a- telephone communications system for City Hall. He noted the telephone system for City Hall was approved as part of the 1979 budget. He recommended the bid of Hauenstein & Burmeister, Inc. in the amount of $44,308 for furnishing and installing a telephone communications system for City Hall be accepted. In discussion of the resolution, Councilmember Scott asked if there would be any Problems with the transition to a new system. She questioned whether there would be an interruption in service. The City Clerk explained the transition would be smooth. He explained there would not be an interruption in service during the transition unless possibly a minute or less. Councilmember Lhotka explained his wife was a Northwestern Bell employee. She was employed as an Office Manager and was not involved in sales a.nd marketing. He explained he wished this to be noted for the record. Councilmember Lhotka further commented he did not feel there was a conflict of interest but again =canted this fact noted for the record. Councilmember Lhotka questioned how a savings of $6,082.20 was arrived at, as noted in a memorandum from the City Clerk to the City Manager. In replying, the City Clerk compared the Hauenstein & Burmeister bid with the Northwestern Bell Telephone bid. He explained consideration must be given to the Northwestern Bell monthly service charge of $662.30 or $7,947.60 annually. This annual sum deducted from the difference of the two bids, Hauenstein & Burmeister ,$44,308 and North- western Bell $36,537.16 equals $7,780.84 (leaving a minus sum of $176.76 the first year of operation of a new system). The second year of operation would cost $1,508.65 per month with Northwestern Bell and $1,001.80 per month with Hauenstein & Burmeister, a monthly cost differential of $506.8.5. or $6,082.20 annually. 3 -26 - 79 -2- Additionally, amortizing the cost of the new system ($44,308) against what we now have will take approximately 37 months, following which the City will enjoy a relatively inexpensive and efficient telephone system. Councilmember Lhotka asked for a clarification of the way the specs for the phone system were written. He suggested it was his understanding that Northwestern Bell I� turned in the bid which they did because of the way the specs were written and that Northwestern Bell did not recommend the specs as written. Northwestern Bell does recommend another type of system. The City Clerk responded the system which Northwestern Bell recommends does not comprehend button phones. The City Clerk explained he did not feel the City could operate without button phones particularly in such areas as the Park and Recreation Department and the Police Department. Councilmember Kuefler suggested the phones could be answered simply as C Hall and the lines could then be transferred to the appropriate person. The City Clerk noted that was correct. The City Clerk stated the Hauenstein & Burmeister bid was the lowest bid and would give us exactly what we wanted in a system; whereas, Northwestern Bell's bid for a, system which met the specs as written by the City would cost more. The system that Northwestern Bell recommends does not comprehend buttons and would not be the best system for the City. Mayor Nyquist expressed concern over maintenance and particular concern over buck passing when a problem arises. Mayor Nyquist noted he was concerned with the problem of interfacing between a private company and Northwestern Bell. The City Manager explained we have the same potential problem with other systems in the City such as the alarm system and the controls to wells and water towers. If there is a problem with one of these systems, the City calls the instrument ac ^ ^^ rr m to the root of the problem, the company at fault must rectify the problem. Councilmember Kuefler complimented the City Clerk for trying to save the City money. He did express concern over a question of the phone industry going through a reshuffling and what problems that might lead to in the.future. He questioned how the specs have been set up and whether or not they were set up for growth. The City Clerk noted the Hauenstein & Burmeister system does compre- hend growth. The City Manager explained the reason for recommending changing the system is not that the City is dissatisfied with the present service; however, the driving force for making the change is economics. With the Hauenstein & Burmeister system, the City would be saving upwards of $6,000 a year and at the same time could meet the needs of the City. Councilmember Kuefler commented the reason Northwestern Bell could not sell their equipment, only lease it, was that Northwestern Bell as a public utility is regu- lated by a Public Service Commission. He commented in the next two or three years, Northwestern Bell may be offering the same type of system at a competitive price. He questioned whether or not we would be able to return to the Bell system in the future, if the City so desired. The City Manager commented this system would be paid for within 37 months and at that time the City certainly could change systems, if the City so desired. I Councilmember Lhotka questioned whether or not the City would insure the system if purchased from Hauenstein. & Burmeister. The City Clerk responded the City would insure the system but the cost would be minimal, approximately $105 per year. 3 -26 -79 -3- Councilmember Lhotka questioned whether the Hauenstein & Burmeister system would be compatible with our LOGIS system. The City Clerk replied that our present system is not tied into LOGIS and it is not anticipated that we would tie in LOGIS to the Hauenstein & Burmeister system because the LOGIS system tie would up a line for six or more hours per day. Councilmember Lhotka questioned whether the purchase of the Hauenstein & Burmeiste system would have any effect on the 911 system. The City Manager responded it would-have no effect on the 911 system. The 911 system will have an affect on the switching system but not on the actual telephone system as installed in the City. He explained there should be no interface problems. Referring to an earlier question, Councilmember Fignar asked for a clarification of the insurance cost. The C;Ity Clerk explained the City would insure the phone system as the City insures other equipment such as boilers, etc. The cost would be approximately $105 per year and that that is a cost we presently do not have but, the cost is minimal. Councilmember Fignar questioned whether or not Hauenstein & Burmeister Company was also regulated by the Public Service Commission. The City Clerk replied Hauenstein & Burmeister is a private company and, therefore, they are not regulated by the Public Service Commission. The City Manager explained several years ago there was a. court ruling that Bell could not control what type of equipment was used to tie into their system. Councilmember Fignar questioned what the longevity of the Hauenstein & Burmeister Company was and what their track record was in terms of service. The City Clerk - responded there was a representative trom Hauenstein &Burmeister in attenaance at the Council meeting, Mr. Charles Hatfield. The City Clerk suggested the_Counci might wish to ask Mr. Hatfield questions about the business. Mr. Hatfield respondeu the company had been in business over 75 years and had been in the phone business since 1968. Councilmember Lhotka questioned what arrangements Hauenstein & Burmei -ster made for maintenance. Mr. Hatfield replied the company has 15 men which handle this type of service only. The crew is on call 24 hours a day. In response to questions from the Council as to where the company was based, Mr. Hatfield replied the company was based in Minneapolis at 2629 30th Avenue South. Councilmember Lhotka questioned whether or not there were parts available readily for the Hauenstein & Burmeister system. Mr. Hatfield replied the company keeps entire systems in inventory. In response to questions as to the expansion capability of the Hauenstein & Burmeister system, Mr. Hatfield explained the system could be expanded to 192 phones. He explained there would be a one time charge of .approximately $135 to install a new phone. In response to questions from the Council as to the possi- bility of.cost increases, Mr. Hatfield replied costs have remained lateral for as long as up to five years. The $1.85 per phone per month maintenance charge has remained the same for two years. Councilmember Fignar questioned how the City would handle the if the City felt it was occurring in one of the trunk lines. Mr. Hatfield replied the Hauenstein & Burmeister Company suggests the City follow a standard policy. If the City suspects the problem is with the Bell trunk line, Hauenstein & Burmeister suggests the City call Hauenstein & Burmeister and Hauenstein & Burmeister will 3 -26 -79 -4- help to diagnose the problem over the phone. Hauenstein & Burmeister will then call Northwestern Bell and talk with them on a technical basis. He explained they have been receptive to this way of handling the problem. Councilmember Lhotka questioned if the City wanted to return to the Bell system in a few years what the salvage value of the Hauenstein & Burmeister system would be. Mr. Hatfield replied Hauenstein & Burmeister has a standard policy which allows a 10% depreciation on equipment value per year and guarantees a buy back. Mr. Hatfield explained this buy back and 10% depreciation would be on equipment costs only and not on installation. He explained the equipment costs ran approxi- mately 70% of the bid cost. He explained that this guaranteed buy back was written in as part of the contract. Councilmember Kuefler questioned what guarantee the City has on maintenance service from Hauenstein & Burmeister. Mr. Hatfield explained Hauenstein & Burmeister was reliant on customer referrals and if Hauenstein & Burmeister provided poor service they would have trouble staying in business. The City Clerk introduced Mr. Barry, a representative of Northwestern Bell. The Council questioned what the maintenance cost would be for a Northwestern Bell phone. Mr. Barry replied it would be approximately $1.20 per phone per month but one instrument pack for each four phones would also be necessitated, at an approxi- mate cost of $7.00 per instrument pack. In response to questions from the Council, he explained the initial cost for the installation of a new phone would be approxi- mately $50 to $60. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to table a decision on the resolution to accept bids for furnishing and installing a telephone communication system for City Hall until more information could be gathered, with an approximate time frame of two weeks to one month for the deferral. 4c _nr1- of the mnti nn i t Tone nni-.A 1 n1 "r 4 n _n4 _r n'knn,n r r n nri t� nol piece of equipment and the Council desires more information on the company of Hauenstein & Burmeister. As part of the motion it was also requested that the City Manager verify with other companies which have installed Hauenstein & Burmeister systems, the credibility and service of Hauenstein & Burmeester. The Council wished information from both the private and the public sector. The Council wished to have a copy of the contract as well as cost breakdown information. In discussion of the motion, the City Clerk explained the deadline for accepting the bid proposal for Hauenstein & Burmeister had expired two weeks ago and the company had extended the bid until this evening's Council meeting. The bid proposal expires after tonight's Council meeting. The City Clerk suggested the Council might wish to ask the Hauenstein & Burmeister representative whether or not the bid could be extended. Mr. Hatfield stated the company would be willing to extend the bid for two weeks. Councilmember Kuefler again commended the City Clerk for the work he had done in attempting to find the best system for the least amount of money. Councilmember Kuefler stated he felt the proposal from Hauenstein & Burmeister was a good proposal, particularly in light of the buy back clause. Councilmember Kuefler stated it does not appear that Northwestern Bell can compete the Hauenstein & Burmeister system at this time. Councilmember Kuefler further stated he had no problem with deferring a decision for two weeks. In vote on the motion, the following voted in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. 3 -26 -79 -5- PLANNING COMMISSION ITEM The City Manager introduced Planning Commission Application No. 79008 submitted by Allen I. Dale for preliminary plat approval for the replatting of property to be known as Dale and Davies 3rd Addition, located at Lakebreeze and France Avenues North. The Planning Commission recommended approval at its March 15, 1979 Planning Commission meeting. I i The Director of Planning and Inspection explained that the City Council, in approving site and building plans for an approximate 32,000 square foot warehouse, showroom and office site for the Dale Tile Company, stipulated as conditions to approval that the property be replatted and that the preliminary plat be submitted before issuance of building permits. The effect of the replatting is to shift the current property line easterly so that the proYosed new building would be located on a single parcel. The applicant is required to execute the necessary agreements to provide joint access to both Lots 1 and 2. In addition, a 20 foot drainage and utility easement is necessary along the west property line of Lot 2. The Director of Planning and Inspection also noted the drainage problems of the area in and around the Dale and Davies site were extensive and should be solved in a comprehensive rather than a piecemeal fashion. The Director of Planning and Inspection also noted it was the intention of the City staff to meet with the appli- cant to work out a common solution to the drainage problem. Councilmember Kuefler questioned whether additional terms of an easement should be specified in the conditions of approval. The Acting Director of Public Works stated the drainage problem could be solved with a 20 foot easement which is part of the present plat. He further noted the City will be meeting with the applicant in order to attemut to reach a more c_omDrehens-i_ve solution. but the problem ran he solved with the 20 foot easement which is part of..tbe plat.,, , There was a motion by Councilmember Lhotka and seconded by Councilmember Kuefler to approve Planning Commission Application No. 79008 submitted by Allen I. Dale for preliminary plat approval for the replatting of property to be known as Dale and Davies 3rd Addition, located at Lakebreeze and France Avenues North subject to the following conditions: 1. Final plat is subject to review by the City Engineer. 2. Final plat is subject to the requirements of Chapter 15 of the City Ordinances. 3. An appropriate agreement for joint access purposes as approved by the City Engineer shall be filed as a deed restriction on the properties. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. DISCUSSION ITEMS The City Manager introduced a discussion of the results of the recent survey of the residents along 53rd Avenue North between Camden and Colfax Avenues North with respect to preferences for upgrading 53rd Avenue North. The City Manager noted at the March 12, 1979 City Council meeting, -the City Council deferred direction with regard to upgrading this section of 53rd Avenue North pending.a further survey of abutting property owners. A further study has been conducted and the City Engineer is prepared to discuss the results of the survey as well as the Engineering Department's recommendation for roadway within this area. The City Manager further noted a letter had been sent to the property owners advising them of the discussion 3 -26 -79 -6- this evening scheduled for 8:00 p.m. The Acting Director of Public Works stated survey results showed that one resident had changed preference to a 16 foot roadway rather than a 20 foot roadway in the area of Camden to Colfax. He further noted three residents could not be contacted. One of those residents was in a nursing home, one of the residents was a new resi- dent and preferred not to comment, and one of the residents could not be reached. Of the total respondents, 25% of the residents on each block are looking for parking, in other words, a 20 foot roadway. The Acting Director of Public Works explained that the Engineering Department recommends a 20 foot roadway for the following reasons; first, the lots in the Camden to Colfax area are very narrow; second, the residents who indicate a pre - ference for parking have no other recourse for parking because Minneapolis has stated they will not allow Brooklyn Center residents to be parking on the Minne- apolis side; third, in the Engineering Department's estimation, a 20 foot roadway appears to be the most prudent decision as it relates to the present as well as the future. In response to questions about the area from Penn Avenue to Oliver, the Acting Director of Public Works noted in additional surveys, one resident has indicated no preference. Councilmember Fignar questioned whether there was a cost difference between the 16 foot and 20 foot roadway. The Acting Director of Public Works responded there was no cost difference to the residents. Councilmember Lhotka questioned how close the residents' doorways might be to the curb if the roadway is upgraded to 20 feet. The Acting Director of Public Works A ,•,n „lA l,o nnnrnuimafiP1 7R to `3 5 feet to the curb and the normal setback is 35 feet. Councilmember.Fignar asked if there is an even setback with the houses in the area. The Acting Director of Public Works responded the setbacks were somewhat varied but not significantly. The Mayor invited any residents who wished to comment to do so at this time. The Mayor recognized Mr. Arnold Duoos, 818 53rd Avenue North, who stated lie felt many people had a misunderstanding of whether or not there would be an entry and exit ramp on 53rd Avenue North to the freeway. He stated he felt this misunderstanding led people to believe there would be less traffic than there actually will be. Mr. Duoos also questioned why a three foot boulevard could not be eliminated. The Acting Director of Public Works explained it was preferred to leave a boulevard space as a place for snow. The Acting Director of Public Works also stated if the roadway was upgraded to 20 feet it still would not be on private property it will be on City property. A brief discussion ensued as to what the configuration of the exit and entry to the freeway on 49th, 53rd and 57th would be like. The City Manager commented the traffic on 53rd Avenue is anticipated to be approximately the same as the amount of traffic on 57th Avenue at the present time. The Mayor next recognized Mr. David Johnson, 802 53rd Avenue North, who stated he 'does not understand why the City recommends parking or a 20 foot roadway when only 25% of the residents surveyed preferred parking and 75% of the residents responding to the survey preferred a 16 foot roadway and no parking. The Acting Director of Public Works explained it has been the City's basic premise throughout 3 -26 -79 -7- I this entire study that if any individuals in a given area expressed a desire for parking, that preference has ,held more weight. The reason this basic premise has been used is because there are almost no other alternatives for parking because there is not side street parking and cars cannot be parked on the Minneapolis side. Mr. Johnson stated he felt the City should lean towards the majority wishes. Mr. Gerald Taylor, 512 53rd Avenue North, also stated he felt the City should honor the wishes of the majority. The City Manager stated in the area of Bryant to Colfax the street could be upgraded to either 16 feet or-20 feet because the residents who showed a pre- ference for parking is actually a business which has parking available. Councilmember Lhotka questioned what would happen to the sidewalk if the street was upgraded to 20 feet. The Acting Director of Public Works responded the sidewalk would be removed and replaced and the sidewalks would be on the City boulevard area. Mr. Duoos again addressed the Council questioning why he would be made to hook up to Brooklyn Center water at an assessment cost of $1,500 when he was presently hooked to Minneapolis water. The Acting Director of Public Works responded the area has been looked at several times to be hooked up to Brooklyn Center water but a decision and action has been deferred until a decision had been made on the upgrading of 53rd Avenue. At the time those residents were hooked up to Minneapolis water, there was no Brooklyn Center water main available for them UU LIUUr, UJJ LU. Councilmember' Fignar questioned whether there - would be a credit allowed for those people who paid assessments to Minneapolis for their hook up. The Acting Director of Public Works responded records show that most paid no charge. Those hooked up in the late 50's or early 60's did pay an assessment charge and they would receive credit for that charge. Councilmember Fignar questioned whether there was an actual water main or several spaghetti like service lines. The Acting Director of Public Works responded Minneapolis records do not definitely show what exists there and it is likely that it is a spaghetti like service line possibly made of copper. It is highly unlikely that there is a true water main in the area. The City Manager explained there is a real potential problem there if water main is not installed at the time of the upgrading because if there were problems after the roadway had been upgraded, the entire new roadway'would have to be torn up and the cost would be borne by the residents. If a problem arises in the future, the responsibility is to the City of Brooklyn Center not to the City of Minneapolis to take care of that problem and the cost would be entirely assessed to the home owners. Councilmember Fignar stated with those facts he felt it would not be a responsible action - on the part of the Council to leave the situation as is. He stated the responsible action would be to place the new water main. Councilmember Lhotka referred to a question asked at the March 12 Council meeting as to whether or not residents had been assessed for curb and'gutter and if they had been assessed for curb and gutter would they be reassessed for another curb and gutter. The Acting Director of Public Works explained the City could not find records that those residents were assessed and the City had asked the 3 -26 -79 -8- residents in the area to furnish records that they had paid and if they could a decision could be made on that point. To this point, no residents had come forth with a record of payment. There was a motion by Councilmember Fignar and seconded by Councilmember Lhotka to leave the roadway in the area of Camden to Colfax at 16 feet posted for no parking. Councilmember Fignar noted as part of the motion that 20 feet might be more appropriate from a strictly engineering point of view but concern for the residents as well as parking leads him to the recommendation for a 16 foot roadway.. He further noted as part of the motion the majority of citizens in the area prefer a 16 foot roadway. In discussion of the motion, the Mayor questioned how crucial the parking was to those who have asked for it. Councilmember Kuefler questioned whether there was alleys in the area. Councilmember Scott noted as a point of information the residents would find it very difficult when they were moving cars in and out of their driveway to not park their cars, even for a very temporary time, on the street. She noted the situation on her street was similar and she has received many tickets simply trying to move cars in and out of the driveway. She commented the residents should be aware of that problem. Councilmember Lhotka commented he was not opposed to leaving the roadway at 16 feet. He commented he was concerned with the closeness of'the street to the existing homes. He commented if the street was upgraded to 20 feet it would move the street approximately 4 feet closer to the homes. Councilmember Lhotka also stated he was concerned that the parking lane would be used for a traffic lane rathAr fbnn a narking lane. The Acting Director of Public Works explained the change in roadway widths should prevent two lanes of traffic. In vote on the motion, the following voted in favor: Councilmember Fignar. Voting against: Mayor Nyquist, Councilmembers Kuefler, Lhotka, and Scott. The motion was denied. There was a motion by Councilmember Kuefler and seconded by Councilmember Scott to accept the staff recommendation on the three areas as follows:. in the area of Oliver to Penn the roadway should be upgraded to 16 feet; in the area of Bryant to Colfax the roadway should be upgraded to 16 feet; and in the area from Camden to Bryant the roadway should be upgraded to 20 feet. In discussion of t: °.` motion, Councilmember Fignar stated Mr. Duoos had commented that he could go either way in terms of parking which leaves only two houses which prefer parking in the area of Camden to Bryant. Mr. Johnson commented that one of the houses which prefers parking is currently up for sale. He also suggested that during snow removal, the roadway would be considerably decreased and it would create a bottleneck in terms of traffic movement. The City Manager commented you do lose possibly an extra 2 feet which is why the 22 feet was originally recommended but the roadway does not serve only the purpose of moving traffic but it also serves parking needs in residential areas. The City Manager noted the Council was being asked to make a decision on that very point. 3 -26 -79 -9- i Councilmember Fignar stated through many meetings the residents are fully aware of the situation and the majority of people still favor a 16 foot roadway. As far as future homeowners, those who would buy homes there would know what the situation was when they bought the home so the present residents should be given greatest consideration. In vote on the motion, the following voted in favor: Mayor Nyquist, Councilmembers Kuef le Lhotka, and Scott. Voting against: Councilmember Fignar. The motion passed. RESOLUTIONS The City Manager introduced a resolution establishing a well maintenance project for well #8. He noted the project comprehends the reconditioning of well #8 due to a recent cave in of the sides of the well which has reduced the well capacity by 40 %. It is proposed that through bailing and either air decompression or air lifting of the materials creating the restriction, the well capacity will be returned to its original condition. Similar restrictions have occurred in other wells within the City shortly after their initial construction. These wells were reconditioned as proposed and no further capacity problems have been associated with these wells. In response to questions from the Council, the Acting Director of Public Works replied that the well in question was a new well. The Acting Director of Public Works showed the Council on a transparency the configuration of the well and indicated where the problem was. In response to questions from the Council, he explained the cost would be slightly under c ?n ono nnrl T.,nnl ei hA nai rl fnr frnm tha ttti 1 i 1'v fiend. RESOLUTION NO. 79 -80 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING WELL MAINTENANCE PROJECT NO. 1979 -4 (WELL #8) AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS 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, Gene Lhotka, and Celia Scott; and the following voted against: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution approving plans and specifications for well maintenance project for well #8 and directing advertisement for bids. He noted that since the Council had acted favorably upon the resolution establishing this project, it is proposed that direction of advertisement for bids also be approved. In this manner it is projected the required work can be performed before the season of heavy water usage begins. RESOLUTION NO. 79 81 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR WELL MAINTENANCE PROJECT NO. 1979 -4 AND DIRECTING ADVERTISEMENT FOR BIDS (UTILITY CONTRACT NO. 1979 -C) I The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, 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 3 -26 -79 -10- resolution was declared duly passed and adopted. RECESS P The City Council recessed at.9:15 p.m. and returned at 9:30 p.m. The City Manager introduced a resolution to accept bid and approve the contract form for diseased shade tree removal. The City Manager recommended a proposal submitted by Weiler Company in the amount of $45,235 - should be accepted. The Council questioned whether or not this company was reputable due to the situation with the company contracted with last year. The Acting Director of Public Works responded there was a 100% performance bond and also there were conditions in the contract for liquidated damages. He explained the company would be given notice on a biweekly basis and .following that the company would have ten days to perform the work. The City Attorney commented the contract operates the same as the contract which was drawn up for the previous year. He explained the problems last year were not related to the contract but were related to a contractor who was unable to perform according to the contract. The Director of Parks and Recreation commented that the contractor had been in business in Minneapolis for approximately three years and had been in business in Wisconsin for twelve to fifteen years. He explained the City had received references from the Cities of Bloomington, St. Paul and Minneapolis indicating the company was a reputable company and had done good work for them. RESOLUTION NO. 79 -82 Member Tony Kuefler introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPROVING CONTRACT FORM (DISEASED SHADE TREE REMOVAL CONTRACT NO. 1979 -B) The motion for the adoption of the foregoing resolution was duly seconded by member Gene Lhotka, and upon vote being taken theron, 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. The City Manager introduced a resolution to accept bids and approve the contract form for the pedestrian /bicycle bridge portion of Shingle Creek Trailway contract. He recommended that the proposal of Continental Custom Bridge, Inca in the amount of $20,591 be accepted. In response to questions from the Council, the Acting Director of Public Works responded the delivery date for the.materials for this contract was June 1, 1979. The pedestrian /bicycle bridges would be located it Central Park and Freeway Park. The bridges were being paid for as part of the grant. The City Manager noted the bridges would preferably be built on a contract basis but there was a possibility they might be built with City labor depending on the amount of work to be completed at that time. RESOLUTION NO. 79 -83 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING BID AND APPi�OVING CONTRACT FORM (PEDESTRIAN /BICYCLE BRIDGE PORTION OF SHINGLE CREEK TRAILWAYS CONTRACT NO. 1979 -A) The motion for the adoption of the foregoing resolution was duly seconded by member BI-11 Fignar, and upon vote being taken thereon, the following voted in 3 -26 -79 -11- 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. The City Manager introduced a resolution to authorize the Mayor and the City Manager to enter into a utility inspection agreement and contract for Quit Claim Deed No. 59337 with the Minnesota Department of Transportation for utilities construction at the intersection of Shingle Creek Parkway and FI 94. He stated the agreement comprehends (1) reimbursement to the City for construction inspection services relative to the relocation of utilities at the Shingle Creek Parkway inter- change with FI 94, and (2) payment in the amount of $11,925 for the acquisition of existing City utilities easements in the above area. In regard to the utilities relocation, the State will be covering 100% of the cost of this work. RESOLUTION NO. 79 -84 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION PERTAINING TO MINNESOTA DEPARTMENT OF TRANSPORTATION AGREEMENT NO. 59337 REGARDING CITY INSPECTION OF UTILITIES AND STATE ACQUISITION OF EASEMENTS WITH RESPECT TO THE RELOCATION OF UTILITIES AT THE INTERSECTION OF SHINGLE CREEK PARKWAY AND FI 94 , 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. 1110 V1Ly L'ltlll cl b'CL 111E Ll1 ll ll l.:C Cl ct LCOVtuLtvlt dULLlVl i­"6 iii to enter into a Cooperative Construction Agreement No. 59356 with the Minnesota Department of Transportation for a roadway and utilities construction at the intersection of Shingle Creek Parkway and FI 94. The City Manager stated the agreement details the items in which the City will participate in the construction of Shingle Creek Parkway from the existing roadway to City Hall to 65th Avenue North. RESOLUTION NO. 79 -85 Member Bill Fignar introduced the following resolution and moved its adoption: RESOLUTION PERTAINING TO MINNESOTA DEPARTMENT OF TRANSPORTATION AGREEMENT NO. 59356 REGARDING CONSTRUCTION OF SHINGLE CREEK PARKWAY FROM CITY HALL T.0 65TH AVENUE NORTH 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, Gene - Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a resolution authorizing the purchase of one 10' rotary lawn mower. He recommended the bid of Lawn Care & Equipment Company in the amount of $9,400 for furnishing and'deliverin.g of one 10' rotary lawn mower be accepted. In response to questions from the Council, the City Manager explained the 10' rotary lawn mower was an additional piece of equipment. RESOLUTION NO. 79 -86 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING THE PURCHASE OF ONE 10' ROTARY LAWN MOWER 3 -26 -79 -12- 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, Gene Lhotka, and Celia Scott; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager next asked the Council to authorize by motion the Mayor and City Manager to execute an agreement with the firm of Merila- Hansen Inc. to P rov..de engineering services to the City on a project by project basis. Councilmember Kuefler questioned the way the contract was put together because it appeared the contract was fairly open ended. The City Manager responded the purpose of the contract would be to enable the City to pay Mr. Merila on an hour by hour basis for specific projects which Jim has worked on, attended meetings for and developed a considerable amount of expertise in. The City Manager further noted if the City was looking for an engineering firm to do general major type projects, the City would-open that up for bids. Councilmember Kuefler also questioned the standard fee schedule which was attached to the contract. The standard fee schedule listed fees for not only the principal which would be Mr. Merila but also for such people as technicians, secretary and survey crew. Councilmember Kuefler questioned why the City would need to use the secretary or the survey crew, etc. from the Merila- Hansen firm. The City Manager responded it is highly unlikely that we would be using the secretary, for example. The City Manager noted the work that Mr. Merila had done for the City thus far had been done solely by him and any typing, etc. was done by City personnel. The City Manager did note, however, one of the City's survey people was in the hospital for a back operation and it may be necessary to use some outside survey help. Councilmember Kuefler questioned whether or not it would be possible to designate certain projects within the contract which Mr. Merila would be involved in. The City Manager responded he was quite certain Mr. Merila would be involved in decisions on the Howe situation, on the 53rd Avenue upgrading, on the building of the freeway, and on decisions on the possible upgrading of T.H. 169, however, the City Manager added he was unsure at this time if there would be additional projects which Mr. Merila would have to be involved in, necessitated by expertise which Mr. Merila had developed in a given area. Councilmember Fignar commented he understood and appreciated the comments of both Councilmember Kuefler and the City Manager. He stated he understood that there would be a period of time until the new Director of Public Works can assume full responsiblity in the position due to a lack of background. The City Manager suggested it might be helpful to put an end date into the contract. Councilmember. Kuefler again suggested he would find it helpful if projects could be specified. The City Manager stated he understood Councilmember Kuefler's concern; however, it was not the intent of the City to hire Mr. Merila for all engineering work which the City might have to be involved in. It would be the intent of the City to consult with Mr. Merila in areas where he has developed considerable expertise and particularly in areas where Mr. Merila has sat in on meetings which have been occurring for months and sometimes years. That expertise is invaluable and in no way can that expertise be gained through one pouring over files. The City Manager cited several different examples of where Mfr. Merila had saved the City considerable money because he was able to pick up on errors, 3 -26 -79 -13- inconsistencies, or promises which had not been kept. The City Manager stressed the importance of a degree of continuity particularly in certain projects. There was a motion by Councilmember Fignar and seconded by Councilmember Scott to authorize the Mayor and City Manager to execute an agreement with the firm of Merila- Hansen, Inc. to provide engineering services to the City on a project by project basis. The contract will terminate at the end of the year. Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. ORDINANCES The City Manager introduced an ordinance authorizing the conveyance of real estate and execution of easement documents from the City of Brooklyn Center to the Minnesota Department of Transportation in the area of Freeway Park. He noted the ordinance was first read on February 26, 1979, published on March 8, 1979, and is presented this evening for a second reading. ORDINANCE NO. 79 -4 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AHTHORIZING THE CONVEYANCE. OF REAL ESTATE AND EXECUTION OF EASEMENT DOCUMENTS FROM THE CITY OF BROOKLYN CENTER TO THE MINNESOTA DEPARTMENT OF TRANS- PORTATION IN THE AREA OF FREEWAY PARK The motion for the adoption of the foregoing ordinance 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 wd5. Clel:iaLud Duly pa6bed 'clad ddupl.ed. The City Manager introduced an ordinance amending Chapter 23 regarding the operation of certain gambling devices by ; licensed organizations. The City Manager noted the. ordinance was first read on Febraury 26, 1979, published on March 8, 1979 and is presented this evening for a second reading. ORDINANCE NO. 79 -5 Member Tony Kuefler introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 23 REGARDING THE OPERATION OF CERTAIN GAMBLING DEVICES BY LICENSED ORGANIZATIONS The motion for the adoption of the foregoing ordinance 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 ordinance was declared duly passed and adopted. The City Manager introduced an ordinance amending Chapter 23 regarding the operation of bingo by licensed organizations. The City Manager noted the ordinance was first read on February 26, 1979, published on March 8, 1979, and is presented this evening for a second reading. ORDINANCE NO. 79 -6 Member Celia Scott introduced the following ordinance and moved its adoption: AN ORDINANCE AMENDING CHAPTER 23 REGARDING THE OPERATION OF BINGO BY LICENSED ORGANIZATIONS 3 -26 -79 -14- The motion for the adoption of the foregoing ordinance 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 ordinance was declared duly passed and adopted. DISCUSSION ITEMS The City Manager introduced the first discussion item, a special meeting tenta- tively set for April 30, 1979 at 7:30 p.m. in the Council Chambers. The City Manager noted the meeting will be a time for discussion and no formal action will be at this meeting. The City Manager suggested some agenda items have been suggested including the planning process on the future of Highway 169, the Twin Lake situation, gambling and bingo license legislation, and an update on LOGS. The City Manager asked Council members to contact Administrative Assistant Mary'Harty prior to April 24 if they wished to add other items to the agenda. Councilmember Fignar indicated he wished to have Brookdale Ten placed on the discussion agenda. DISCUSSION OF LETTER FROM METROPOLITAN COUNCIL DISTRICT 12 MEMBER The City Manager explained Mr. Roger Scherer was appointed District 12 member to the Metropolitan Council. Mr. Scherer has indicated by a letter that he would like to attend a Council meeting to discuss concerns of the Council. Council members asked the City Manager to set up an appropriate date for Mr. Scherer to attend a Council meeting. Councilmember Fignar indicated he would have a report for the Council at the next Council meeting on his attendance at the National League of Cities Conference in Washington. He briefly noted several speakers which had attended the conference including Vice President Mondale, Senator Howard Baker, Patricia Harris of HUD, aii6 ALl_11LL1 J1: 111CJ 111�'Cl lV 11111.:11111C LLLU CL 1'1�, 1141 CAtJ14111CLL LlC 1107.11 Gl L, 1. CllLL G ll L11G workshop on revenue sharing. LICENSES Motion by Councilmember Lhotka and seconded by Councilmember Kuefler to approve the following list of licenses: FOOD ESTABLISIZIENT LICENSE Brookdale Covenant Church 5139 Brooklyn Boulevard St. Alphonsus Church 7025 Halifax Avenue North Willow Lane School 7020 Perry Avenue North HOUSF24OVER'S LICENSE Badger Mover's, Inc. 3550 Grimes Avenue North ITINERANT FOOD ESTABLISIZIENT LICENSE Jaycee Women 4513 Woodbine Lane Earle Brown School 5900 Humboldt Avenue North MECHANICAL SYSTEM'S LICENSE Berghorst Plumbing & Heating 10732 Hanson Boulevard A. Binder & Son, Inc. 120 East Butler Avenue Commerical Air Conditioning, Inc. 2200 Niagara Lane Hayes Contractors,, Inc. 1010 Currie Avenue 3 -26 -79 -15- Minnesota Gas Company 733 Marquette Avenue Northeast Sheel Metal, Inc. 4347 Central Avenue N.E. Thompson Air Conditioning 5115 Hanson Court Trane Home Comfort Center 880 Colorado Avenue South NONPERISHABLE VENDING M LICENSE Coca-Cola Bottling Company 1189 Eagan Industrial Road Arctic Metals 6530 James Avenue North PERISHABLE VENDING MACHINE LICENSE Cola -Cola Bottling Company 1189 Eagan Industrial Road . Arctic Metals 6530 James Avenue North RENTAL DWELLING LICENSE Initial: Gordon & Joanne Sandahl 6836 Drew Avenue North Renewal: Boyer Palmer 6101 Beard Avenue North Richard E. Gunderson 6109,11,13 Beard Avenue No. Earl James Backer 7018 Brooklyn Boulevard Manferd Rasmusson & John Christensen 7040 Brooklyn Boulevard Catherine P, Shefelul: 3012,18 - 51st Avenue No. Robert Tombers Willow Lane Apartments SIGN HANGER'S LICENSE Gold Medal Beverage Company P. 0. Box 3466 Lawrence Sign Company 945 Pierce Butler Route SPECIAL FOOD HANDLING ESTABLISHMENT LICENSE Weight Loss Clinic Old York Road, Room 214A Weight Loss Clinic 6040 Earle Brown Drive Voting in favor: Mayor Nyquist, Councilmembers Kuefler, Fignar, Lhotka and Scott. Voting against: none. The motion passed unanimously. Councilmember Scott suggested that Council members should attempt to walk through Brookdale Ten to get an idea of what has or has not been done in the apartment complex because the issue would again be before the Council in the very near future. ADJOURNi1ENT There was a motion by Councilmember Fignar and seconded by Councilmember Scott to adjourn the City Council. meeting. Voting in favor: Mayor Nyquist, Council- members Kuefler, Fignar, Lhotka, and Scott. Voting against: none. The motion passed unanimously. The City Council adjourned 10:03 p.m. 1 f r Clerk M, 3 -26 -79 -16-