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CC 2003 01 13CHANHASSEN CITY COUNCIL REGULAR MEETING JANUARY 13, 2003 Mayor Furlong called the City Council meeting to order at 7:05 p.m. The meeting was opened with the Pledge to the Flag. COUNCILMEMBERS PRESENT: Mayor Furlong, Councilman Labatt, Councilman Lundquist, Councilman Ayotte, and Councilman Peterson STAFF PRESENT: Todd Gerhardt, Roger Knutson, Todd Hoffman, Justin Miller, Kate Aanenson, Teresa Burgess, and Bruce DeJong PUBLIC PRESENT FOR ALL ITEMS: Janet & Jerry Paulsen Debbie Lloyd 7305 Laredo Drive 7302 Laredo Drive OATHS OF OFFICE. Public Present: Name Address Julianne Ortman Jill Madore Frank Mendez Al Klingelhutz Nancy & Sam Mancino Deb Kind Susan McAllister Rep. Joe Hoppe Anne Furlong and Family Kellie Lundquist Curt Crippen Minnesota State Senate 381 Deerfoot Trail 7361 Kurvers Point Road 8600 Great Plains Boulevard Galpin Boulevard Chanhassen 2930 West 78t~ Street 935 Weston Ridge Parkway, Chaska Chanhassen Chanhassen 691 Conestoga Trail Roger Knutson administered the Oaths of Office to Mayor Tom Furlong, Councilman Brian Lundquist and Councilman Steve Labatt. Mayor Furlong: We've called the meeting to order. I guess I'd just like to ask Councilman Lundquist if he wants to say a couple words. A few comments. Councihnan Lundquist: Sure. Thanks Mayor. What I really wanted to say most to everyone is thanks. Have a lot of thanks to say to my family and friends, the campaign volunteers. Todd, you and your staff for taking a lot of time out the last couple of weeks and months to try to get me up to speed fast. The 2,866 voters who cast a vote for me to put me here on November 5t~, thank you very much. And tonight I guess the work officially begins and we have a lot of work to do so look forward to a fun and exciting upcoming few years with a new council and new mayor. And just one other topic I wanted to talk about, really is community participation in government. Re~nember that these five people up here, including myself, were elected to represent you and it's vitally important that you let your council members know where you stand on issues and I City Council Meeting- January 13, 2003 encourage each of you to participate in our local government, if time allows because I'm living proof that the common citizen can have an affect on government. Before I decided to run for council I had never run for any public office, I never served on any commissions, I don't belong to any civic or community organizations. I was just Joe Citizen. And one thing I did a lot of was complain about my taxes being so high. Finally somebody said to me, why don't you run for council and change that. My first response was I wouldn't stand a chance. Well look at what a little hard work and a good message can do. So my message to you is you can make a difference, but only if you choose to participate. And thanks again to all of you and I look forward to working with the new mayor and the rest of the council for the next 2 years. Thank you. Mayor Furlong: Thank you. Councilman Labatt? Councilman Labatt: Well I didn't have anything prepared so I'll shoot off from my hip. I just would also like to thank all the residents of Chanhassen that looked at me over the last 4 years and decided to cast one of their votes for me for another 4 years, to show their support and the leadership I've displayed in the last 4 years and the message I've brought to them for my next coming up 4 years. I thought I'd better, it's also my wife's birthday tonight. She's 25 still so I want to wish her happy birthday. She's at a hockey arena right now, but I'm looking forward to the next 4 years. I think last Monday when we met with the two outgoing council members, we had one of the first productive transition meetings I've known about in the 12 years I've lived in Chanhassen, and I think that that was, we got the 5 of us off on the right foot last week and I'm really looking forward to the next 2 years and 4 years with some of you so I'll end it with that. Mayor Furlong: AIright, thank you. I guess I'd like to say what an honor it is to greet you as your new mayor. I am very grateful for this opportunity to serve and I look forward to working with other members of the council, the many commissioners, and the city staff as we seek to make Chanhassen an even better place to live and work. As we begin this new year the City is facing some challenging financial issues. As part of the 2003 budget process, this council's first priority will be to work with the city staff to reduce projected growth and spending over last year. Further, given the projected state budget deficit, it's likely that we will lose some state funds that we've received in prior years. Our actions now are aimed at lowering taxes in the future and nfinimizing the impact of the state's budget crisis on our city's budget. Clearly none of these choices will be easy and we will appreciate your understanding as we seek to best manage the city's finances. As we look past the immediate budget issues, this council will develop strategic initiatives in the areas of planning and development, public safety, public works, parks and recreation, finance and other areas. We want to make decisions that are in your best interest. We're going to be looking to reflect the needs of the city and to build upon prior accomplishments. Your ongoing feedback's going to be critical for us to be able to accomplish this goal and I would encourage anyone to contact me, any member of the council, the city staff on how we can make Chanhassen an even better place to call home. Thank you, and let's get on with the business. PUBLIC ANNOUNCEMENTS: Mayor Furlong: The first item we'd like to do under public announcements. This was not on the agenda but there were copies of this proclamation I believe set out for everyone recognizing former Mayor Don Chmiel. And I'd like to read a proclamation now and ask for a motion from council to adopt it. Whereas, Don Chmiel honorably served the city of Chanhassen as mayor for 8 years from 1988 to 1996, being elected in 4 consecutive elections; and Whereas, Mayor Chmiel presided as mayor during a time of considerable growth in the community and managed the challenges of such growth with distinction and grace; and Whereas, Mayor Chmiel enjoyed every City Council Meeting- January 13, 2003 opportunity he had to talk with residents, especially at events such as the Christmas Tree lighting, the 40' of July parade and his Saturday morning coffee's at City Hall; and Whereas, Mayor Chmiel was beloved by the council with which he served, the city staff and commissions and the business community; and Whereas, everyone who ever had the opportunity to meet Mayor Chmiel knew him as a mayor who supported their efforts and made every attempt to not only be their mayor but also their friend; and Whereas, the City of Chanhassen was saddened to learn of Mayor Chmiel's death on December 18, 2002, but will always remember him as a wonderful man and a true coimnunity legend. Now Therefore, be it Resolved by the City Council of the City of Chanhassen, Minnesota, that Don Chmiel be remembered and honored for all his contributions to the City of Chanhassen and that the thoughts and prayers of this City Council be with his wife and family. Is there a motion to adopt the proclamation? Councilman Labatt: I'd move that we approve and adopt the proclamation. Mayor Furlong: Is there a second? Councilman Ayotte: I second. Mayor Furlong: Is there any discussion? Councilman Labatt moved, Councilman Ayotte seconded to approve the proclamation Recognizing Former Mayor Don Chmiel. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: We have a plaque here that we will forward onto the family. Thank you. I'd like to, per request, move the item, the organizational meeting matters until after the visitor presentations to acconmaodate some requests. With that we'll move onto the consent agenda. CONSENT AGENDA: Councilman Peterson moved, Councilman Ayotte seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: Resolution #2003-01: Approve Plans & Specifications; Authorize Advertisement for Bids for Utilities in Ashling Meadows 2nd Addition, Project 02-07a. Resolution #2003-02: Approval of Resolution Petitioning Riley-Purgatory-Bluff Creek Watershed District for Riley and Rice Marsh Lake Water Quality Improvement Projects. h. Approve Findings of Fact, Axel's Liquor Violation. j. Resolution #2003-03: Approve Change Order No. 1 for Highway 101 Trail Construction, Project 97-12-3. m. Approve Amendment to Development Contract for Hidden Creek of Chanhassen. Resolution #2003-04: Approval of Grant of Quit Claim Deed to Sunrise Hills Civic Association, PW055A. Approval of Minutes: -City Council Minutes dated December 2, 2002 -City Council Work Session Minutes dated December 9, 2002 City Council Meeting - January 13, 2003 -City Council Minutes dated December 9, 2002 Receive Commission Minutes: -Park and Recreation Commission Minutes dated December 10, 2002. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. Chris Turnholm: Thank you Mayor and Council members. My name is Chris Turnholm. I live at 6321 Trapline Circle in Chanhassen, and I just came to ask you to consider when you make the choice for official newspaper for the city to maybe think of making a change. I watch, I'm a newcomer to Chanhassen, and by the way it does snow a lot later in Chanhassen than it did in Minnetonka so I appreciate it, but I want to say that as I watched just the election cycle, the paper seemed to be quite political. It took sides. Somewhat devisive and I just think maybe it's a time, and I know it's on the agenda tonight but maybe you could delay it and consider maybe taking a different newspaper. One that maybe reflects more what I stand for and what the people stand for and is more concerned about community activities and less, just less political. Just a nice, friendly community paper. I don't know the owner of the paper. I don't know the editor but I know that you have a chance tonight to vote with your dollars on your advertising dollars. I think it's a budget item and maybe it's time to have some competition and look at another newspaper and maybe send a message that we want a kinder and friendlier local newspaper, politically. Thank you very much. Mayor Furlong: Thank you. Councihnan Ayotte: That's not appropriate. Mayor Furlong: Are there any other visitor presentations? They're fighting for the microphone. Conrad Fiskness: Thank you. I'm Conrad Fiskness. I reside at 8033 Cheyenne Avenue here in Chanhassen. However I'm not here representing just myself. But first I would like to congratulate you Mr. Mayor, and Councilman Lundquist on your recent, and Councilman Labatt, on your recent selection to the election, and wish you a great 2 years here as we move along. I'm here on behalf of the Riley-Purgatory-Bluff Creek Watershed District. I represent, I'm the only Carver County representative on that board. I've been serving a number of years and I've tried to make it up here each, every 2 years at this particular meeting. Todd nods his head. He's seen me here before, and just want to make sure that those of you, and there's at least one of the council members here tonight that I have not had the privilege of meeting prior to tonight so just want you to know who you are being represented by on that board. And want to let you know that I'm always available. If there's any issue that you would like to have some discussion regarding, our staff is available. I'm going to leave some cards here that has the engineering advisory and the legal advisor's number on there as well, and of course Manager Gerhardt and others on the city staff are well acquainted with our staff as well and working with them on a regular basis. Just two items that I would like to just mention. We've been working with the City of Chanhassen for a number of years now on a Bluff Creek basic water management project. I was on the task force, and that goes back what, 6-7 years maybe Todd huh. The City of Chanhassen has submitted a petition for our involvement and there's a significant monetary involvement, assuming that that petition were to be accepted and there's no reason at this juncture to see why it would not be. There can be 100 percent participation on anything relating to water resource management. 50 percent on other programs and even 25 percent on land acquisition so we're City Council Meeting - January 13, 2003 actually eagerly awaiting that. We could' go ahead actually on our own but we really want to have the city in sync with us and so we've been laying back and working with the staff and hopefully we're not too far away on that score. Secondly, or finally the last thing that I want to mention is that our district has prepared a power point presentation and our board would come together with some of our staff and we would be very interested in presenting that to the council and any other staff members that you would choose to have come along. We've done it for a number of the other cities in our district. We have 7 different cities and I don't know that that presentation that we've got now has ever been presented to Chanhassen so I would invite, an invitation I guess, or request an invitation so Todd, maybe you can work with us on that score but we would be delighted to be able to come and present that. Especially for the new members of the council, it would give you a good idea of how a watershed operates. A little bit of our history. We have been around since 1969, and as a board so that's really all I have to present to you tonight and thank you for your time. Mayor Furlong: Thank you. And just by way of comment. One of the items on our consent agenda this evening was the approval of that petition so. Conrad Fiskness: No. No, that's another one. The one that you approved tonight is for Lake Riley, correct? Mayor Furlong: Right. Conrad Fiskness: And that's a joint one with Eden Prairie. This one I'm talking about is Bluff Creek, but it will function in the same manner except that Bluff Creek you won't be sharing with Eden Prairie. Mayor Furlong: Okay, thank you. Any other visitor presentations? Sheriff. Sheriff Bud Olson: That's a big mic. Mayor and council. I'm Sheriff Bud Olson. I'm also a resident of Chanhassen and I'm here tonight just on invitation, just to bring you up to speed as you probably are well aware the Carver County SherifFs Office has been contracting with the City of Chanhassen for many years. And I've been working on a plan for about 2 years to look at some re-organization to better define some responsibilities at the sheriffs office and to bring some needed supervision to certain areas in the office. And in this plan that we've developed, I announced it in the office on Friday, there is an opportunity for supervisors to move through some career development assignments. Some new assignments. We gave that option to all the supervisors in the office and Sergeant Potts indicated an interest to move back into the patrol division. Actually he was looking at a time line of next year. As you know we do have a contract liaison supervisor that is assigned to Chanhassen to look over your contract and our contract, and it's a big responsibility and Dave's done it very well. As we've moved into this process, we identified that Dave did want to look at the patrol division again. He hasn't served much in that capacity since he's been a supervisor, and so we were given the opportunity to look at that move now in this next year. So I'm just here today just to let you know that there is a change coming within the contract for the city and I will bring that plan further to you as we move forward but I just wanted to let you know that even though today's your first organization day, there are things moving around that affect you and your council and I thought this would be an appropriate opportunity just to let you know that some of those changes do affect the public safety in town. Mayor Furlong: Great, thank you. 5 City Council Meeting - January 13, 2003 Todd Gerhardt: One question. Sheriff Olson, will there be an opportunity for the council to meet the new chief law enforcement officer.'? We do have our next meeting is November 27th. Councilman Labatt: January 27t~. Todd Gerhardt: January, sorry. Way ahead of myself here. Sheriff Bud Olson: This year just took off on you. Todd Gerhardt: I just want to get into that budget section again. Sheriff Bud Olson: I'm sure you are. Absolutely. As you know, the last time we assigned the supervisor here, it's my strong belief that the community should have input into the supervisor that works here. They really are the local organizer, the local commitment to the community and I think that's a really important fit to make sure that we have the right person doing the job here so I'll move that name forward to you and then have an opportunity for the council to meet that person as well. Todd Gerhardt: Thank you. Mayor Furlong: Thank you. Sheriff Bud Olson: Yep, thanks council. Good luck. Mayor Furlong: Thank you. Any other visitor presentations? If not we'll close the presentations and bring it back to council. There are no public hearings scheduled for this evening and no unfinished business on the agenda. So we'll move to the organizational meeting components which we delayed. Councihnan Ayotte: Mayor? I would like to add to the agenda the opportunity under council presentation to present to the council my comments on public safety. I'd like to add that. Mayor Furlong: Okay. We'll take that up under council liaison. Councihnan Ayotte: And I would also like to address the issue of newspaper from a council position, if I may. Mayor Furlong: We'll bring that up under. Councihnan Ayotte: It doesn't have to do with the organizational aspects. I'm just talking about the issue of newspaper. Not the Villager. Not any particular newspaper, but newspapers. Okay? Just like to make a public statement. Todd Gerhardt: Mayor, that could go underneath council presentations as item number 7. Number 6 could be Public Safety Commission discussion. Councihnan Ayotte: The Public Safety Commission discussion I would also like under council presentation, an opportunity to make a statement with respect to newspapers .... to something called the First Amendment. City Council Meeting - January 13, 2003 Mayor Furlong: So we'll add item number 6 for discussions of public safety and number 7 for the newspaper. Councilman Ayotte: Bless you. ORGANIZATIONAL MEETING. Mayor Furlong: Item number 1. This information was distributed in the council's packet for this evening. The first item (a) relates to the naming of official newspaper for legal notices. The City Manager has recommended the appointment of the Chanhassen Villager. I will open it up for discussion. Councilman Labatt: I would move that we appoint the Villager as the only official designated newspaper that meets the state guidelines as published in our state statutes. Councihnan Lundquist: Mayor, I'd like to have some discussion on that before we approve that motion, or second that motion. Mayor Furlong: Well, a motion's been made so I have to at least ask for a second. Is there a second to the motion? Councihnan Ayotte: I'll second it. Mayor Furlong: There is a motion and been seconded. So now we will discuss the motion. Is there any discussion? Councihnan Lundquist: Roger, we talked on the phone a little bit about the statutes and there's a lot of things going back and forth between what does the statute read and not read and there's several references in the statutes to what it takes to meet these guidelines. You have to have an office. You don't have to have an office. You have to have circulation or can you just go over one more time for me what that determination is and how that statute reads. Roger Knutson: Certainly. Actually there are two parts to it. First, you have to be a legal newspaper and that's pretty easy for almost any newspaper to accomplish. It means it gets circulated in English and you have a certain number of people you distribute it to. The harder part, the part you need to zero in on is the statute that says, among legal newspapers, here is the priority of making the appointment, and what the statute says, if a newspaper, there is one newspaper that has a known office in the locality, in the city, you must appoint them. If there is more than one, than you can choose among them. Between them, depending on. A known office is the principal office, the main office of a newspaper. If there is no known office in the city, then you go down to the next criteria. A secondary office in the city. If a newspaper has a secondary office, or more than one of those, then you have to choose from among them. Known office, now excuse me. A secondary office means an office that's regularly open, that has a reporter there, at least on a part time basis and accepts advertising from that office. That's a secondary office. If there are no newspapers in the community that have a secondary office, then you go down to any newspaper that has a general circulation in the community. But by statute you're required to follow this order. Councihnan Lundquist: So the two presentations that we have are one from the Villager and one fi'om the Lakeshore, and being that the Villager meets the secondary office and Lakeshore does not have an office within the city of Chanhassen that would qualify as a secoudary office, then that, we're more or less bound by statute to choose the Villager? 7 City Council Meeting- January 13, 2003 Roger Knutson: That's correct. Councihnan Ayotte: Another discussion point, just because this discussion has occurred more than tonight. I mean it' s happened before. Is there a reason why other newspapers have not come to Chanhassen? Do the other newspapers know that if they want to be the official paper, they would have to in fact establish an office and has the Lakeshore stated an interest to that point beyond simply submitting a, I mean they've got to know that it's the rules. Todd Gerhardt: I haven't had any discussions with them. Roger Knutson: I can't answer that but only can say that the statute's been around for a long time. It's nothing new. Councilman Ayotte: But it may, I don't think we should postpone the decision but for future discussion points, it may behoove us that when we put a request for, out to newspapers, that they know that we reference the statute and so forth. If they haven't known about the details of the statute, that's another issue. Personally I favor the Villager, primarily because they haven't had my name in it for the last 3 issues. But nonetheless, it may be a point that others don't know. I don't know if that's a fair statement or not. In terms of being fair. Councilman Peterson: Todd, did you run the numbers as to the rates? I know that it wasn't in the packet as far as rate comparison because you didn't feel as though the Lakeshore met the prerequisite. I mean it'd be interesting to see what the numbers really are as far as what kind of savings. Todd Gerhardt: Just some preliminary numbers, they're slightly lower. Councihnan Peterson: Slightly meaning a thousand or two or 5,000 or? Todd Gerhardt: I just did the apples to apples and just using a 10 inch colurrm, they were a couple of dollars less. Then the Villager. And I didn't go back to research how much we spend in a year. Councihnan Peterson: I think it'd be interesting to find out whether or not they are substantially less or. What does a couple dollars mean I guess is what I'm trying to ask. Todd Gerhardt: We can do that. Councihnan Lundquist: Yeah just from the time Todd I'm looking, it looks like my conversations with the Lakeshore and the pricing you put in the packet, they're about, they're 960 per column inch and the Villager's 1060 per column inch so I'd be interested in what that means to us over the course of the year and what the total dollar amount is. I mean I guess at this point it's moot because we can't, we don't have a choice but if I understand correctly we can at any time... established and for whatever reason we chose fiscally or other reasons, that we could re-designate that paper. Is that right Roger? Roger Knutson: That's correct. Mayor Furlong: Is there any other discussion? Seeing none, we'll call the question. City Council Meeting - January 13, 2003 Councilman Labatt moved, Councilman Ayotte seconded to appoint the Chanhassen Villager as the office newspaper. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Item (b). Acting Mayor. The council needs to select one of our members to serve as Acting Mayor to stand in in the absence of the mayor. Are there any nominations? Councilman Lundquist: Mr. Mayor, I'd like to nominate Craig Peterson. Mayor Furlong: Is there a second? I'll second that. Is there any discussion or any other nominations? Councilman Ayotte: I really will not support if he teases me continually as he's done in the past and he screws with my chair anymore. Every time he leaves he... Councilman Peterson: I won't screw with your chair anymore Bob. Councilman Ayotte: Alright. Mayor Furlong: If there are no other nominations. Councilman Lundquist moved, Mayor Furlong seconded to appoint Craig Peterson as Acting Mayor. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Congratulations. Fire Chief. The Fire Department has elected John Wolff to a two year term beginning December of 2001. He has a second year, one year remaining. The City Manager has recommended that we reaffirm Mr. Wolff as Fire Chief. Is there any discussion or a motion to that effect. Councihnan Ayotte: I would like to ask, what's the duration for the. Todd Gerhardt: Two years. Councilman Ayotte: Okay. And you said the date. Mayor Furlong: The city and council does this annually, is that fair? Todd Gerhardt: Yes. Mayor Furlong: But the Fire Department has a two year term. Todd Gerhardt: Correct. Councilman Peterson: So moved. Mayor Furlong: Is there a second? Councihnan Ayotte: Second. Mayor Furlong: Hearing a second, any discussion? 9 City Council Meeting -January 13, 2003 Councilman Peterson moved, Councilman Ayotte seconded to reaffirm John Wolff as the Chanhassen Fire Chief. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Health Officer. The City recommends the reappointment of Dr. David McCollum as the City' s Health Officer 2003. Is there any discussion? Councilman Peterson: So moved. Councilman Labatt: Second. Councilman Peterson moved, Councilman Labatt seconded to appoint Dr. David McCollum as the city's Health Officer. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Schedule for professional service bids. This was in the packet. Mr. Gerhardt, is there a requirement for action on the council's part here to reaffirm the schedule or is it for information? Todd Gerhardt: Information only. Mayor Furlong: Okay. Is there any questions or discussions with regard to the bidding for professional services? Seeing none, we'll move on. Official depository. We're required to authorize the Finance Director to designate an official depository. While this is an organizational item, and under new business we do have c6nsideration of banking services so at this time I guess I'd like to entertain a motion to, is that our next item on business? Todd Gerhardt: Co~Tect. Mayor Furlong: Okay. Do we have to officially delay this? Should we lay this over for 30 seconds so we can pick it up or can we just move on? Todd Gerhardt: You could combine those motions. Mayor Furlong: We'll combine those. Without objection we'll combine those two then. Bruce DeJong: Well let me state for the record Mayor Furlong and council members that authorize depositories are separate from those who are actually handling your checking account. This is just merely allowing the city to deposit money into banks within the city. So it's a matter of I can do something you know, certificate of deposit at banks that do not have our banking services, and have done that in the past. And it just merely gives me the flexibility to continue to work with those local financial institutions. Mayor Furlong: So what I'm hearing then is this is separate from item 3 under our agenda? 10 City Council Meeting -January 13, 2003 Todd Gerhardt: You could have a different official depository other than the banking services. Mayor Furlong: So is there a preference at this point for the council to address this separately from number 3? Is that what I'm hearing? Councilman Labatt: If I'm hearing Bruce fight, it's two separate things. This is authorizing Bruce to take some money and go to this bank, take some money and go to that bank and make Certificate of Deposits. So we're just authorizing you to do that. Bruce Delong: Yeah. In the absence of any council action, I'm authorized by state law to designate up to four authorized depositories. There's more than four banks in town so it just gives me the authority to... Mayor Furlong: So this grants you the authority to do more than four? Bruce DeJong: Correct. Mayor Furlong: Okay. Todd Gerhardt: And what you are also doing is designating Bruce as your official depository. He decides where he's going to make those deposits so they are separate motions and so (g) would be the motion of selecting Bruce DeJong, our Finance Director as our official depositor. Mayor Furlong: Okay. So we will not combine it, we'll deal with it fight now. Is there a motion as previously stated? Councihnan Peterson: So moved. Mayor Furlong: Is there a second? Councihnan Labatt: Second. Mayor Furlong: Any discussion? Councilman Peterson moved, Councilman Labatt seconded to authorize the Finance Director to designate authorized depositories and make investments at institutions that meet statutory requirements. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: We'll move on. Councihnan Peterson: What about the Chief Weed Inspector? Roger Knutson: That's designated by statute. That's the mayor. Councilman Peterson: I didn't think he really knew that so that's...put that in there. Roger Knutson: This time of year business is kind of slow. Councilman Peterson: I just want Mr. Furlong, Mr. Mayor, you are the Chief Weed Inspector. i1 City Council Meeting- January 13, 2003 Mayor Furlong: Thank you. Thank you. I will add it to my list of duties. CONSIDER PROPOSALS FOR BANKING SERVICES. Todd Gerhardt: Mayor, Council members. I'd like to defer this one to Bruce DeJong, our Finance Director who has solicited quotes for our banking services. Bruce DeJong: Mayor Furlong and council members. I did send out a request for proposals to the local banks and we received three proposals back from financial institutions. One from TCF National Bank, one from the Chanhassen Bank and one from M&I Bank. And after evaluating those proposals I am recommending that we go with M&I Bank. They have come in very aggressively and have waived all of their fees in exchange for us keeping a compensating balance in there of $1.5 million, which they will pay us interest on at a rate of 1.75% on all collected funds. So I guess that is significantly above the other proposals. The proposal from the Chanhassen Bank was roughly 1., excuse me, $1,700 in estimated monthly earnings. The proposal from M&I Bank was roughly $2.2, or $2,200 and the proposal from TCF Bank was roughly $1,500 per month so on an interest earning basis and with the lack of fees, I think that's in the city's best interest. Mayor Furlong: Any questions for staff? Councilman Lundquist: I have a question of Bruce. As I'm looking through the proposals, you mentioned the $1.5 million balance required by M&I. Is that generally an issue with our cash flow? Do you see that as a problem? Are we going to make that amount? Are we not, or what's the probability if we don't? Bruce DeJong: No. I don't see that as being a problem to keep a balance of $1.5 million in there. Councihnan Lundquist: Okay. Councihnan Peterson: Furthering that question. What was our average balance the past couple years? Has it been over a million or is it $200,000 or? Bruce DeJong: No, it has been over a million. The past couple of years as the interest rates have gone down steadily, quite honestly have been earning better interest at the banks than through money market funds or even some of the commercial paper type investments on a short term basis. Councilman Peterson: So we're essentially not doing anything different by changing banks? We're not increasing our balance per se, at least substantially. Bruce DeJong: No, not substantially. Councihnan Peterson: That's all I have. Mayor Furlong: A couple questions. Again, continuing along the line of the balance requirements. Under M&I proposal they had a requirement for a minimum balance calculation, whereas I believe Chanhassen Bank was an average daily balance. Generally the minimum balance ! think would be a more restrictive covenant requirement versus an average daily balance. How is our volatility in our checking balance and did you re-look at the numbers in terms of the differeuce on monthly interest? Applying the same standard to Chanhassen's proposal. 12 City Council Meeting- January 13, 2003 Bruce DeJong: I did have a discussion today with Tony Stockard from M&I who is here in the audience. Along with James Haugen, who's the President here and Kevin Pleasant who is another official working on our account. And the issue I guess is whether it gives us more flexibility. Yes. Certainly there would be more flexibility with an average balance than there is what a minimum balance. I think that we can certainly manage to keep a minimum balance in there. That's really not extremely difficult with the way we track our daily cash balance but there, if we do go below that minimum $1.5 million, at that point we would drop down to a money market rate which would be in the neighborhood of 1 percent so we would be losing some money but interest will be calculated on a daily basis so it's not a huge issue if we do on you know a one or two day basis drop below, Mayor Furlong: With changing banks, is there anything material in terms of direct costs for transfer, indirect time and costs for changing the banks? Bruce DeJong: There will be some loss because we'll have some extra checks that will be destroyed that we will not use if we change banks, but that's fairly minimal. We are to the point where we really only have a 2 to 3 month supply of checks on hand at this point, so we need to re-order anyway and the amount of checks that will be wasted will be minimal. I don't see any other significant costs that would be incurred in switching banks. There's certainly not going to be much change in travel distance to the bank. We're kind of surrounded by the two banks that we're talking, three banks actually with TCF too. They're all within walking distance. They've agreed to print up the deposit tickets for us and everything so I don't see that as being an off- setting cost that's significant enough to change the decision. Mayor Furlong: Okay. Are there any other questions? Councihnan Lundquist: Yeah, one more. In the proposal Bruce for the Chan Bank, they talk about perks for our employees. Special accounts and other vehicles that are available to the city employees because the city would use that as it's primary bank: Is that something that happens right now at the Chanhassen Bank? Bruce DeJong: Yes it is. I'm not sure how many employees take advantage of that, and I'm not sure that you know these are significantly different than accounts that are generally available. Councihnan Lundquist: And then, so any idea what, I didn't see that in the M&I proposal. So any idea what happens to our employees if, do they get grandfathered in because they have those accounts ah'eady, or are they going to nullify those accounts because we don't have our funds there anymore or, I didn't see any details about anything like that. Bruce DeJong: If you look back on page 14 of their proposal, there is the MI Employee Advantage, which I'm not sure. I did not quite honestly compare that directly to the Chanhassen Bank account, but I would assume that it's similar. Councilman Lundquist: Okay. But you have no idea, we don't have any idea what's going to happen if we decide to change banks with our employees that have those accounts at Chan Bank now, it's impossible to say? Bruce DeJong: Yeah, I don't have any idea what would happen to those. Mayor Furlong: Any other questions for staff? If there's none we'll bring it back to council. Is there any discussion? 13 City Council Meeting- January 13, 2003 Councilman Lundquist: I had a couple of things Mr. Mayor. Another thing I noticed in the difference in proposals between Chan Bank versus M&I and TCF is the Chanhassen Bank took the opportunity to highlight their support of the community in the events, community events that they support and sponsor. I know there's no dollar amount really that we can associate with those things but I think that's an important point to consider is their support throughout the community and monies that they contribute to help support events. And the other thing is the level of accounts that our residents and businesses have. Now I know M&I's a new bank in town, relatively new, so that's nothing there but just something that stood out to me in the proposals. Mayor Furlong: Okay, thank you. Any other discussion? Councilman Labatt: Any time we have a chance to save $12,000 minimum, I think we have a chance to jump on it. I would move that we go with staff recommendation and appoint M&I Bank. Mayor Furlong: There's been a motion. Is there a second? Councihnan Ayotte: I'll second that. Mayor Furlong: Is there any discussion on the motion? Councihnan Labatt moved, Councilman Ayotte seconded that the City Council approve switching banking services to M&I Bank for three years as shown in the proposal. All voted in favor and the motion carried unanimously with a vote of 5 to 0. APPOINTMENT OF COUNCIL REPRESENTATIVE TO THE HIGHWAY 41 RIVER CROSSING SCOPING. Mayor Furlong: We've been requested to name a member to the Highway 41 river crossing scoping study advisory panel. Is there a staff report? Teresa Burgess: Thank you Mayor and Council. The Department of Transportation is setting up a study, in fact they have already initiated that study, to look at an alternative crossing somewhere between the existing Highway 41 and existing Highway 101 crossings of the Minnesota River. As part of that they have asked an elected official from the City of Chanhassen be named as a member of the policy advisory committee and tonight I'm asking that the council choose one of yourselves to meet, to be a part of that panel. As in other panels that we've had such as this, the engineering department will remain as the point of contact. We will keep a file on your behalf for ease of if that person has to switch, and also from the standpoint of ensuring that we are not attending excessive meetings that do not apply to Chanhassen. With that I would ask that the council consider who they would like to name. Mayor Furlong: Okay, thank you. Are there any questions for staff? Councilman Ayotte: Do you have an idea Teresa what the skill set would be? Is there a pre- disposition on the part of. Teresa Burgess: MnDot has specifically requested an elected official. That is the only qualification they have asked for. 14 City Council Meeting - January 13, 2003 Mayor Furlong: So they want no skills. Councihnan Peterson: You're fully qualified. Mayor Furlong: Okay, any other questions? Councilman Ayotte: Yeah, a couple more. What time commitment, activity, involvement, what, can you tell us a little bit about the scope? Teresa Burgess: At this point it has not been defined well. Typically with these type of cormnittees, the committee itself defines how often it will meet. They arrange anywhere from monthly to quarterly, and depending on the people that are named to these committees, since they are typically elected officials, they don't have a lot of time and they really don't want to meet more often than they have to. The selection of time period would be by the committee. They would decide what fits the most members of the committee. So far they have had one meeting. They started in November. However, with the change over in our government we requested to not name someone until January and to make sure that we have this body before us when it was named. Councilman Labatt: Well where are they presently meeting at Teresa? Way over in St. Paul? Teresa Burgess: The last meeting was held locally, and I have not received an agenda for the next ineeting yet. Mayor Furlong: So the frequency of the meetings is as determined by the group itself. Teresa Burgess: As determined by the committee itself. Mayor Furlong: Okay. Any other questions for staff before we bring it back? Is there any discussion? Councilman Ayotte: Well you know I feel this is pretty loosey goosey. I mean what, tell me what good this is going to bring to Chanhassen? Give me some specifics on how a council member will benefit this council and this city with participation in this activity. Give me some ideas of what we can do on this panel and what will the city profit by our involvement. Teresa Burgess: When MnDot does these types of projects, they like to set up two types of committees. The first is the technical advisory committee, and that is made up of city staff, county staff, that sit on those committees and those are the people that they specifically ask for specific skill sets, as you asked Bob. Then there is the policy advisory committee and they like to have an elected official in that position. The idea being that that body will decide policy as it relates to this study, and then also review the final documents before they are taken back to councils for adoption. The City Council will be asked to adopt the final study findings of location for the siting. The individual that is on that committee will have the opportunity to influence that decision, but also would be asked then to advocate back to this group as the council as they prepare to adopt, is that in the City of Chanhassen's best interest or not. And so they act as a link between MnDot and the council. They act as a link between MnDot and the public, and then thirdly, they have a chance to impact that decision that is being made by MnDot and to influence the policy decision of MnDot as it relates to this study. Mayor Furlong: Is there discussion or is there interest by anybody to serve in this capacity? 15 City Council Meeting -January 13, 2003 Councilman Lundquist: Mr. Mayor I'd be interested in that position. Councilman Labatt: Second. Mayor Furlong: That sounds good. Let's make it in a motion. That Councilman Lundquist represent the City of Chanhassen. Councilman Labatt: I would move that we appoint Mr. Lundquist to the PW067AW committee. Mayor Furlong: Is there a second? Councilman Peterson: Second. Mayor Furlong: Any further discussion? Councilman Labatt moved, Councilman Peterson seconded to appoint Councilman Lundquist to represent the City of Chanhassen on the Highway 41 River Crossing Scoping Advisory Panel. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Mayor Furlong: Would this be an appropriate time to bring up the two items out of the consent before we move onto council presentations? Todd Gerhardt: Sure. CONSENT AGENDA: APPROVAL OF BILLS AND APPROVAL FOR THE FIRE DEPARTMENT TO PURCHASE TWO THERMAL IMAGING CAMERAS. Mayor Furlong: There were two items removed from the consent agenda. Items (o) and (q). Items (o) is the approval of the bills. Open it up for discussion on that. Councilman Lundquist. Councihnan Lundquist: Mr. Mayor I asked that those be removed really they're one in the same. My issue with the bills, item (o) was the approval of the amount for the thermal cameras so they're kind of one and the same but. My comments or the reason I asked for that removal was to have a discussion by the council on our thoughts and philosophy on capital projects and other large purchases going forward. We know what occurred was the fire department had, was willing or wanted to purchase, was given authority to purchase a thermal inspection camera. $20,000 in the capital plan. They were able to locate or purchase, had the ability to purchase two cameras for $10,000 a piece, total amount being $20,000. I just wanted to get the other council members thoughts on philosophically when we are looking at large capital purchases, when we dictate one item for $20,000, are we talking about one item at $20,000 or whatever we can get for that comparable piece of equipment for a lesser amount if possible, or are we talking about approving $20,000 and that department is free to purchase whatever they want for the amount that they want up to that $20,000 amount? Mayor Furlong: Okay. Is there any other, so with regard to the item on (o), was it just the single item relating to the thermal camera purchase? Councihnan Lundquist: Yes. Yes. 16 City Council Meeting - January 13, 2003 Mayor Furlong: So from that regard, maybe we'll bypass (o) and go to (q), if that's really the issue and then maybe we can solve (o) with (q). I sound like a mathematician. So let's move onto (q). So you've raised the issue with the thermal cameras. Is there other discussion from council members with regard to this issue? Councilman Labatt: I guess, you know I'm going to take a look at it from a different context of when we approved the budget last year, the capital improvement plan, we said $20,000 for one camera. Now Fire's gone out and found another piece of equipment that costs half as less and we've appointed two. We know what their original wishes were and we know what their wishes are now of outfitting what trucks and I think the question before us now is do we authorize the fire department to go out and buy the two for the budgeted amount of which we set aside and approved last year, and we go and amend the capital plan to allow for in 2004 one camera for $10,000. That's the question to us. And to me it seems like a no brainer, let's just do it. Get it over with. Councilman Lundquist: Steve, make sure I understand you correctly. Then your philosophy is, you're looking at it as $20,000 no matter how many items they could purchase of comparable functionality versus. Councihnan Labatt: Well I'm looking at it as a budget and a capital plan that we approved last year, the previous council and it said $20,000 for one camera. And now they've come and said we've found a different camera, model whatever, brand whatever, for $10,000. And so now it's up to us to say well okay, their original wish was two cameras last year for 40, and we said no. One camera for 20. Now they've come back and. done a little more research and said okay, we can get two for the price of one. It's a no brainer. Let's just do it. And then amend the capital plan to reflect $10,000 next year. Mayor Furlong: The reduced amount on that. Councihnan Labatt: Yeah. Councilman Peterson: And I don't think that's the issue. I'm in concurrence with going ahead and moving ahead with the thermal imagers but I think Brian's question is more philosophical. Are we approving an item or are we approving a dollar amount, and I think I'd be more motivated to approve an item and then have them spend up to X to get that item. If they get it for less, so be it. And by example of thermal imager, we aren't going to be buying one in 2003, correct? Todd Gerhardt: Correct. Councihnan Ayotte: Was there, and I don't remember. Was there another camera for purchase further out? Councilman Labatt: Yeah. Councihnan Ayotte: Okay. So if we zeroed out, it'd be like an economy of scale purchase. If you zero out the camera later on so that they get the two cameras now, and what we may want to be talking towards is an amendment stayed so we have it as a matter of public record, that the future capital plan must decrement one camera. To your point, we buy to the item but we do the purchase now because it makes sense. Get two for one and then adjust the capital plan with the motion for the out year purchase, for the following year purchase. Does that make sense? 17 City Council Meeting - January 13, 2003 Councilman Labatt: It does to the point where, if we ixnae the 2007 camera, the last year of the capital plan. Well there's one in 2004, 5, 6 and 7. Okay. There's one per year so who's to say that the council in 2006 doesn't change the capital plan. That's not my whole, I mean it can change every year. What we approve today can change in 2 years, or 4 years so you know if we want to say let's ixnae it. Let's do the one in 2004, which we'll all be here for, and we can decide then. If you want to do a zero at the other end. Let's do when we have control over the next two years. There's not one in 2003 so we've got to affect the one in 2004. Councilman Lundquist: And I agree Steve and Bob with your points again but, I was just looking for a philosophical reaction to on capital plans, are we talking dollar amounts or are we talking number of items because that will affect how we make decisions going forward on our capital plans and other large purchases so. Councilman Ayotte: Well I'm not a philosopher but I do think you bring up a good point and if we're going to be taking a look at how we review budgets, we shouldn't be doing, we should give some latitude to the staff to work within the constraints of a budget, but that budget is based on the basis of estimate. And the basis of estimate has a rationale. So on this particular item I don't have a hard time saying yes to the 20K. I really don't. But if you want a response on how we should go forward, what I believe we should do with respect tS going forward...on each basis of estimate. I really think that that has to happen. So I don't think we should approve $20,000 or $50,000 or $60,000 because I think we should do that based on that basis of estimate. Councilman Lundquist: Estimate of number of items purchased. Councilman Ayotte: Probably. I mean I think there is some, in some cases it may not be the case but in this instance it makes sense to buy both because it's an economy of scale. Technology's changed. The decision that was made further back has probably been altered now because of, did somebody just give me the gong? Councihnan Peterson: No. Councihnan Labatt: No. It's the Fire Department getting paged. They need thermal imagers. Councilman Ayotte: If you want an answer, the answers is yes. We should go by items but I think we've got to get this item approved because it makes sense. Todd Gerhardt: Mayor I'd just like to add the point that it should be based on the items and staff would like the flexibility of bringing these items back when we have opportunities like this. To bring it back in front of you for further direction. I think we did this this past summer with the 800 megahertz radio system. And we try to track these. We give you our best estimate when we put the capital plan together, but opportunities come available every once in a while and we'd like the flexibility of bringing those back. And who knows, these cameras may dramatically go down in price in the next 2 years too as we go into the 2004 budget. As more people get in this business and the fire departments find out how necessary it is to have this piece of equipment, the scale and the price may come down. Mayor Furlong: Okay. Any other discussion? There was suggestion with regard to dealing with the 2004 capital plan. Probably not the occasion to take care of that. Councihnan Labatt: Let's do that at the end of the year. 18 City Council Meeting- January 13, 2003 Mayor Furlong: But we can do that when that time comes up if we so choose so, if there's no other discussion, we have item (q) that we're discussing right now. Staff's recommendation is to approve the two cameras for $20,000. Is there a motion? Councilman Peterson: I make a motion actualIy to approve both (o) and (q). Councilman Labatt: Second. Mayor Furlong: Is there any other discussion? Councilman Peterson moved, Councilman Labatt seconded to approve the following consent agenda items pursuant to the City Manager's recommendations: o. Approval of Bills. Approval for the Fire Department to purchase two thermal imaging cameras at a total cost of $20,000. All voted in favor and the motion carried unanimously with a vote of 5 to 0. COUNCIL PRESENTATIONS. Mayor Furlong: Is there any liaison or update reports from any council members? Nothing from Southwest? Okay. Alright, anything from the 41 river crossing at this point? Councilman Lundquist: Nothing to report right now Mr. Mayor. Mayor Furlong: Alright, you keep us informed. If there are none then we'll move onto item number 6. For the Public Safety Commission discussion. Councilman Ayotte. Councihnan Ayotte: Thank you. First off, this actually, this council, us five guys and the previous council talked about public safety off and on for quite a while. Even though when these guys were involved with the council before they were sworn in, I think I got their nod that public safety is probably the most important thing with respect to the city of Chanhassen. So prior sessions, both old and new council members I think agree that public safety is extremely important. And I've gone back to all of my notes and some of the vacillations that are going on, and with the sheriff's comment tonight, which demonstrates that there is change. Always change. That I believe we need within the city of Chanhassen some measure of stability in terms of a connection. In terms of liaison. We have a lot of things going on. We have a certain number of ordinances that may or may not be getting enforced, local ordinances that may not be a part of the policing activity. We certainly have witnessed public safety issues outside of the parameters of policing. Stechabockus spore, black mold, the West Nile virus, to name a couple. We've had some old standby crime still alive and well. DUI's are still something very prevalent in Carver, and certainly associated with this community. I'd like to see a link between community and the City Council to sense the view of public safety in Chanhassen. I don't want it to be politicized as it has in the past. I want to determine the public safety needs as further land development occurs. I want to see a conduit to continue especially with neighborhood watch, especially in light of homeland defense. I want to see a continual assessment of the policing activity that we have. I want to see a measurement of our rental housing inspection program which is brand new. On whether or not that really is something that we ought to be putting our hat on as much as we have. I want to continue to monitor the Project Leadfoot. I want to see a link between the residents and 19 City Council Meeting - January 13, 2003 the state office of Homeland Defense to determine if we understand the mandates. Now, I've got an e-mail from my wife, and I'd better make comment on this because I think she's absolutely right. Public safety, with respect to homeland defense, is no longer simply a local issue, nor an option. Federal government will be giving us direction. Unfunded direction. And so therefore I see that is yet another need for public safety. And I think we need that conduit. I think we need that community connection. So rather than going with the vacillation, I want to make a motion. And I want to move to establish immediately a 7 person public safety commission. That this 7 person body is charged it's first year to determine which ordinances are and are not being enforced with respect to city ordinances, and why. Further, the commission is to state what impact the situation presents to the city and recommendation to deal with this situation. Further I move that the 7 person body would evaluate, with staff assistance, the city's role that it ought to have with respect to homeland defense. And that this 7 person body will, at the one year anniversary of it's inception, recommend to council a bonafide charter so that we get off of this vacillation. And so at the end of that one year we take a look see, but I think we have to establish that commission with a motion. Mayor Furlong: There's been a motion. Is there a second? Councilman Labatt: I'll second for the point of more discussion. Mayor Furlong: Okay, that's fine. Is there discussion on the motion? Councihnan Labatt: I think that this would be a golden opportunity in light of the Sheriff Olson's earlier comments on changing the guard up here. The law enforcement liaison between the Carver County Sheriff's office and the City of Chanhassen. To incorporate that person into this 7 persou body. Is that what your plan was Bob? Councihnan Ayotte: I said with staff assistance. I didn't define that. If you want to define it, to have it as this new person, that would be fine. My concern is that I don't want this 7 person body to establish a mind set from the get go that it is dedicated to the police contract, or that it's focus of parameters are constrained to that function. I want to see a connection with this 7 person body with other entities. OSHA, as an example. We have a state level homeland defense office that I'd like to see a further connection. We have a volunteer organization statewide with homeland defense. So if it would still allow for that activity, because what's happened in the past with the prior commission, as I saw it, is it was too myopic and it became a head butting to some degree with respect to police activities, and I don't want to see that happen. So it's got to be a macro view of public safety, not within the definition of policing. Councihnan Labatt: Okay. Mayor Furlong: Any other discussion? Councilman Peterson: Yeah, I think that certainly it's a point worthy of discussion and I've been participating in that discussion over the last 6 months and I certainly haven't been opposed to it, and I think we've had some very good dialogue about how we should proceed and some of the merits, both pros and cons of having a commission, or whatever you want to call it. I'm certainly not prepared tonight to make my decision because I wasn't prepared to make a vote yes or not on this tonight, and I don't think it's necessarily fair that we put ourselves into that position, particular for you two guys that have only participated in discussions over the last 6 months. So my assmnption was we'd have another work session at least to bring you guys up to speed to the merits of it and I think staff, I don't think staff is prepared to necessarily make a recommendation 2O City Council Meeting- January 13, 2003 either tonight so I would certainly not support voting a motion tonight but I would, and I'm desiring to have further discussions on it and not to lengthen the process. I'm sure Bob wants to move it along, and I appreciate that but it's important enough where I want to make a good, informed decision versus one that's spontaneous like tonight. Councilman Ayotte: I appreciate your comments. I do. And I don't want to use the metaphor I want to use, you know the one about the pony and the pile. Or the horse in the hay. It's something about, or getting offthe pot. I can't say that on public TV but I really think we have to move it along. And if, for example Brian's comments in our work session when we were talking about let's not miss the opportunity. We are right now, I'm not stating it's popular or unpopular, but at war. And our clean, crystal clean antiseptic view of the world sometimes in Chanhassen, Minnesota, we forget the fact that we are at war. And if we have to alter what a commission structure is down the road because it ought to be 9 guys instead of 7. It should be, like we've got on this council now, 3 tall people and 2 short. We could decide that down the road. To me we've got to get the ball rolling. We've got to get the ball rolling, and I wouldn't have made these comments if I didn't think Brian heard a lot about it before or if Tom hasn't heard a lot before. And I don't think that's going to change because we have re-stated for 6 months some things that are consistent. And risk to the community I believe, and I think there is risk to the community. To what degree I don't know but there is with homeland defense issues, and some of the other things that have come across our table. So I think we have to address it. I don't feel comfortable postponing it. I think we ought to get the commission going. Get the process going, and if there is a reason why we have to alter what we've done, then we're all big boys. We can consider change, but this is too important, and I don't want it to be political. We have got to get it off the dime. Mayor Furlong: Alright, any other discussion? Councilman Lundquist: Councilman Ayotte. I also am in strong support of ptiblic safety. My concern right now though is, if we establish a commission without a charter, that it becomes difficult for that group to function without direction. I would be in favor of putting together a, whatever. A focus group or whatever you want to call it to try to establish a charter as quickly as possible and then address that. I understand your concerns with it and all that's going on and the unfounded mandates which are concerns of mine as well. But to establish a body tonight without a charter that gives them a mission, a responsibility, and to allow staff to give the proper resources out of the proper departments and the proper direction there, to keep this body from floundering and trying to focus on the important issues at hand, I think it's a little premature to, I'd like to get the discussions moved up as quickly as we can so we can get that charter established and then let's re-visit that issue but right now to establish that commission without any direction I think doesn't do that commission justice. Councilman Ayotte: I would accept a friendly amendment to diminish the role of the 7 person body to dealing with homeland defense, and determining whether or not the local ordinances that we have within the city are being met or not met. And to identify those public safety liaison that are in existence with outside agencies, outside of Chanhassen. That could be a charter. And it would not necessitate significant staff involvement. Then it gives us a benchmark by which we have in fact established an organization, and if in fact we need to add, delete or change, based on experience rather than waiting a longer period of time, we can do so. But to shorten the time line because we cannot crystallize the definition in everybody's mind with a 5 point consensus I think is a mistake. So my motion stands. I would accept a friendly amendment to improve your comfort level, because I think it's important to pass. I have a motion on the table. I am willing to 21 City Council Meeting - January 13, 2003 accept a friendly amendment, but I really believe we have to get this off the dime. And I wished it would not take a political skew. Mayor Furlong: I guess some thoughts I have. It was mentioned earlier tonight about the transitional meeting that we had last Tuesday. The 5 of us along with the 2 outgoing council members and at that point public safety was one of the first items mentioned in terms of a possible strategic initiative. The plan was, and I believe is it on our work session for the 27th of this month, to re-visit those and begin the prioritizing process? Todd Gerhardt: Yep. Mayor Furlong: Which would be at the next time that we regularly meet. I think from taking it in stride, I don't think you'll find anybody up here that's anti-public safety or doesn't see that as important. I think there... Councilman Ayotte: Although I get a sense that... Mayor Furlong: Excuse me one moment please. Councilman Ayotte: You might get an anti motion though. I think that's what's coming but that' s ah'ight. Mayor Furlong: Well to my, as I've looked at it before, I think there are going to be some opportunities with the sheriff's department and the contract analysis that they're going through. I believe we'll see some results from that. That there may be some opportunities to create some groups to look at what we're doing and how we're doing it. And so I'd like to see us deal with this in a normal process with the other items as well. Do you have an anti motion now? Councilman Ayotte: Here's my, Mr. Mayor what I'd like to clarify though is, if we do not have a bonafide commission. Not a task force. Not a halfway representation of this city. A commission, that when other agencies view our city, and see our cormnitment, and if we do not give public safety the same level of importance as we do planning and environmental and parks and recreation, then outside agents will view us as not being as serious as we need to be. I do not think a task force or a series of task forces is the answer. So when we have those discussions, and if my motion is not approved tonight, and when the federal agencies do come to us and when we have to deal with the mandated legislation that comes down and when we don't have a bonafide public safety commission, I want to make this point now that I think it's going to be a mistake. The good news about 5 councils is we can argue the points out and if we go to a 4 to 1 and no one approves the 7 person commission, if I don't get the other 2 votes, that's what this is all about. We all were voted in so I'm not going to have heartburn from that standpoint, but I do want to make it public that I believe, this councilman believes that we're going to put the city at risk if we don't have a bonafide conwnission because we won't get the same attention as other cities will. Mayor Furlong: Okay. Is there any other discussion? Councihnan Labatt: I don't disagree with Mr. Ayotte's points but I also think maybe if we wait until next, the 27th, and strategically look at things we want to gather. Public safety will be on the top, number one priority and maybe the 2 weeks will give us time to, for all 5 of us to look at it in the big 30,000 foot view, and to come back at the 27th meeting and put this thing in place. Councihnan Ayotte: I have a motion on the table. 22 City Council Meeting - January 13, 2003 Mayor Furlong: You do. Is there any other discussion? Seeing none we'll call the question. Councilman Ayotte moved, Councilman Labatt seconded that the City Council direct staff to establish a 7 person Public Safety Commission effective immediately. Councilman Ayotte and Councilman Labatt voted in favor. Councilman Peterson, Councilman Lundquist and Mayor Furlong voted in opposition. The motion failed with a vote of 2 to 3. Mayor Furlong: Moving on to item 7. Newspapers. Councilman Ayotte. Councilman Ayotte: The only point I wanted to make here is that, and the gentleman that spoke up, the only thing that I took exception to, not necessarily with respect to the Villager but there's something called the First Amendment. There's 5...the First Amendment. This is not a civics class. This is in fact the way it is. Two of them are freedom of speech and freedom of the press. And for a council, this councilman does not agree with the idea that we should take a punitive reaction to a newspaper that might state one thing or another. I have been, I've made a number of newspapers in the area, and that has not put a smile on my face. But freedom of speech is one of the reasons, and freedom of the press, is another one of the reasons why newspapers do the thing that they do. And I just want to make that point. I don't think it's appropriate for a council to take position with respect to what a paper prints or doesn't print. Otherwise we could be just like the Gestapo. So I just wanted to make my personal point made on that and I think it was very inappropriate to have anybody ask a political body to react to a newspaper because he or she does not favor what's printed. And again, thank you for not printing my name the last 3 or 4 times Villager. Councilman Peterson: Not to be argumentative Bob, but doesn't that directly talk to your fi'eedom of speech issue. That he had the freedom to do that. Councihnan Ayotte: Oh no, that's fine. And I have my freedom of speech. I'm just reacting to it. Councihnan Peterson: Just to clarify. Councihnan Ayotte: That's alright. Mayor Furlong: Any other comments or discussions on this issue? Seeing none, and since there's no motion we'll move on. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt: The library's moving ahead. Making good progress here the last couple of weeks. They're working on the roof sections. You should know that some of the delays that have occurred out there are not to anything that the city has done or poor soils. We had some mis-measurement of the iron work associated with the building. It has been part of the delay with the roof section, and they're re-ordered that. That is supposed to arrive here by the end of the week, is the way I understand it. And it was cut short so you could keep cutting it and it's not going to help us. Councihnan Peterson: Cut it twice and it was still too short. Todd Gerhardt: Still too short but, they're aware of that and it's been well documented so we did not delay that section of the construction. That's it on the library. 23 City Council Meeting- January 13, 2003 Councilman Labatt: Who eats the cost on that? Kraus-Anderson or the, we're not affected. Other than the delay. Todd Gerhardt: In this case it's the steel manufacturer's fault. The specs were correct. They mis-read the specs and shop drawings and have to re-manufacture the steel to the appropriate size. Mayor Furlong: Okay. Todd Gerhardt: That's all I have. Mayor Furlong: Any questions at this time for administration? CORRESPONDENCE DISCUSSION. Mayor Furlong: Do we just open that up for questions or comments? If there are any. Councilman Peterson: The only point that I thought was interesting for the public. You look at what Kate provided us with the residential building permits issued. In 2002 we had 54 permits for single family which was the lowest in 20 years, and we had 246 townhouses which was the highest in 20 years, so there's clearly a trend there and it's kind of interesting to say the least. Todd Gerhardt: Yeah, the market switched there. And also available product that we have in town too. Not processing a lot of single family subdivisions in the last couple years also could play a factor in that. Kate Aanenson: I differ a little bit on that. I think it's a price point factor but. Everything we've got in the single family, put that average price point in there. 344 without a lot. There's a big price point spread between a townhouse and a single family home. I think that's some Of the factor. Everything we have is in that upper end. Mayor Furlong: Any other discussion or comments here on the correspondence? If there's none, is them a motion to adjourn? Councilman Peterson moved, Councilman Labatt seconded to adjourn the meeting. All voted in favor and the motion carried. The City Council meeting was adjourned at 8:27 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 24