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CC 2013 10 28 CHANHASSEN CITY COUNCIL REGULAR MEETING OCTOBER 28, 2013 Mayor Furlong called the meeting to order at 7:00 p.m. The meeting was opened with the Pledge to the Flag. COUNCIL MEMBERS PRESENT: Mayor Furlong, Councilman McDonald, Councilwoman Tjornhom, Councilwoman Ernst, and Councilman Laufenburger STAFF PRESENT: Todd Gerhardt, Laurie Hokkanen, Paul Oehme, Kate Aanenson, Todd Hoffman, Greg Sticha and Roger Knutson PUBLIC ANNOUNCEMENTS: INVITATION TO BEYOND THE YELLOW RIBBON BREAKFAST AT AMERICAN LEGION POST 580. nd Mayor Furlong: On behalf of the Chanhassen Beyond the Yellow Ribbon, we invite you to attend the 2 th Annual Military Appreciation Breakfast on Saturday, November 9. With generous sponsorship by the Chanhassen American Legion Post 580, this free breakfast is open to anyone who has served, is serving or simply appreciates the service of others. The event begins at 9:00 a.m. with a buffet breakfast, with a program including remarks by special guests SSG Scott Adams and Lt. Col. Dan Sherred beginning at 9:30 a.m. RSVP is requested and required and can be done so by emailing the Beyond the Yellow Ribbon at btyr.chan@gmail.com or take a look at their website. Beyond the Yellow Ribbon website and you can get information there as well. There was a great turnout last year at the first breakfast and I hope th that we see the same number or more here coming up on November 9 this year. Move now to our consent agenda items. CONSENT AGENDA: Councilman Laufenburger: Mr. Mayor? Mayor Furlong: Councilman Laufenburger. Councilman Laufenburger: I’d like to take item number 8 off the consent agenda for discussion please. Mayor Furlong: Thank you. We’ll bring that in under new business. Councilman Laufenburger: That’d be fine. Mayor Furlong: Thank you. Anything else? Items, these are items E (1) through (7). If not is there a motion to adopt items E (1) through (7)? Councilwoman Ernst moved, Councilman McDonald seconded to approve the following consent agenda items pursuant to the City Manager’s recommendations: 1. Approval of City Council Minutes dated October 14, 2013. 2. Receive Planning Commission Minutes dated October 15, 2013. 3. Receive Park and Recreation Commission Minutes dated September 24, 2013. Chanhassen City Council – October 28, 2013 Resolution #2013-49: 4. 2013 Infiltration/Inflow (I/I) Repair Project: Accept Bids and Award Contract. Resolution #2013-50: 5. Lift Station #10 Improvements: Approve Quote for Pumps and Electrical Panel. 6. Approval of Temporary Liquor License Request, December 6, 2013, St. Hubert’s Catholic Community. Resolution #2013-51: 7. Call for Sale, 2013A GO Bonds to Refinance 2009A GO Bonds. All voted in favor and the motion carried unanimously with a vote of 5 to 0. VISITOR PRESENTATIONS. Laurie Susla: Good evening. My name is Laurie Susla. I’m here for the Lotus Lake Conservation Alliance just to thank you all for taking a look at what happened in 2013. Thank you to Todd Hoffman for the great presentation he just gave to you guys and for overseeing the program all season. It’s a fair amount of work so we do appreciate that he’s doing that. We appreciate that you all are participating and we’re looking forward to sometime you know in the winter talking a little more detail about the 2014 plans. See what the watershed…and if any of you are interested the watershed is taking public input as to their plan that they’re putting together tomorrow night, or tomorrow evening at the American Legion at 5:00 p.m. if any of you guys would like to come so just to let you know. And thank you Todd. We really appreciate it. Mayor Furlong: And thank you Ms. Susla. I know that you were at the meeting tonight and before the financial contributions and all the effort that your association and the other associations do, we really appreciate that. Laurie Susla: It’s a good group effort. Mayor Furlong: Thank you. Move on now to the next items. LAW ENFORCEMENT/FIRE DEPARTMENT UPDATE. Chief John Wolff: Good evening Mayor. Good evening council. It’s nice to be here. Well it’s getting chilly out there which for us means we do see more structure fires in the winter with home heating. You know furnaces turning back on and so forth. Chimney fires, etc so just like to ask our community to be wary of that. Year to date calls are up 12%. Since actually I was last up here, which was, we didn’t have a report in September, and since that time we’ve actually, we’ve had fire prevention week, which was thth October 7 through 14. 30 active and retired fire fighters contributed about 200 hours to teach about 1,000 school children here in town that week which is pretty remarkable under Mark, our Fire Marshal Mark Littfin’s guidance and he’s done a remarkable job of getting that effort out every year. He consistently gets a lot of volunteers to help with teaching all the kids. We also had a beautiful day for th open house on October 13. Crowd was down a little bit, which for such a beautiful day and the Vikings really weren’t playing that well so I was expecting the usual but everyone that came really enjoyed the activities, and it was a great event. Fire wise we’ve had one fire. It was a car fire in the Community Bank parking lot. Called in pretty quickly. 5 cars sort of in that immediate area so we were a little nervous when we got there. Thought maybe more than one was involved but we were able to contain it to that one vehicle and it looked like it started in the engine compartment. Nothing foul play wise there. We hired 3 recruits in July and this year’s group of candidates really had an interesting mix. Four, I’m sorry we hired 2 Chanhassen City Council – October 28, 2013 4 people in July. These 4 individuals all came with previous training so because of that our on boarding time has been significantly reduced and we’re just now rolling them out and that typically doesn’t happen until like the February timeframe so we have 4 folks really already making some productive contribution st on calls and so forth. And then my final item is effective Friday, the 1 of November, Assistant Chief Rice and Coppersmith are stepping down. They’re being replaced by Captain Cory Wallace and Battalion st Chief John Murphy and that’s effective November 1 and Jeff Siems will continue as our training Chief so take any questions. Mayor Furlong: Thank you. Any questions for Chief Wolff? Thank you and please extend our thanks and those of the community too to all the fire fighters for all their work during the fire prevention week. Those are lots of hours. Chief John Wolff: You bet. Mayor Furlong: I know a number of the fire fighters take vacation time and others to, from their regular job. The real job. Chief John Wolff: Yeah, they do. It’s pretty impressive. Mayor Furlong: To come out and…so, and even though your numbers were down on the open house, I know everybody that was there really appreciate that too so please extend our thanks. Chief John Wolff: Thank you. Certainly, thank you. Mayor Furlong: Lieutenant Jeff Enevold with Carver County Sheriff’s Office is not here this evening so we won’t receive a verbal report. The report was in our packet. If there are any questions, perhaps we can refer those to the Lieutenant through Mr. Gerhardt. Are there any questions on the sheriff’s report this evening? Follow-up questions. No? Okay. If not then we’ll just note the report as being received in the Minutes and continue on. PUBLIC HEARING: CERTIFICATION OF DELINQUENT UTILITY AND CODE ENFORCEMENT BILLS. Greg Sticha: Good evening Mayor, City Council. On an annual basis the City Council reviews and has the opportunity to pass a resolution which certifies our delinquent utility accounts as well as our delinquent code enforcement violations. State statutes allow for the assessment of these delinquent bills to be put on the parcel’s property taxes for the upcoming year. Before you this evening is a list of parcels. The amounts that are delinquent for both the sewer and water bills as well as the one delinquent code enforcement violation. As compared to other years, and particularly the water and sewer accounts that are delinquent, the number is quite a bit down from previous years. Whereas the number in the last 3 to 4 years has ranged from a total of $135,000 to about $150,000 or so. For this particular year it’s $120,000 and the number of accounts is down as well. Other than that I guess there are no other comments from staff in terms of the delinquent sewer and water accounts and code enforcement accounts. I believe a public hearing needs to be had at this point and then approval of a resolution certifying those delinquent accounts. Each of the delinquent account property owners has until the end of November to come into st City Hall and get the accounts current before they go off to the County on December 1 to be certified to the property taxes, at which point payment will have to be made on their property taxes rather than to the City. Mayor Furlong: Thank you. Are there any questions for Mr. Sticha? Mr. Laufenburger. 3 Chanhassen City Council – October 28, 2013 Councilman Laufenburger: Thank you Mr. Mayor. Mr. Sticha, this is both commercial and residential. This is anybody who’s on our water system, is that correct? Greg Sticha: That is correct. Councilman Laufenburger: Is, to what do you attribute the fact that it’s down this year? Is it, is there a couple accounts that are off it or anything like that or what’s, to what would you attribute it? Greg Sticha: It’s hard to really say from year to year what makes the number in total fluctuate. Some of our previous years we were coming out of a little rougher economy in 2009 and 10 and 11 so that certainly could have been some of the reason for the amounts in those years being slightly higher than some of the previous years prior to that, but it’s a little bit of speculation on that as well. Councilman Laufenburger: And you say that some of these will be paid prior to submitting them to the County. What gives you assurance of that? Greg Sticha: Well if previous history has shown that usually at least a fourth to a third and sometimes as much as to a half of these will be paid before the end of November. They still have 30 days or just over 30 days to pay the delinquent balances on the account. Councilman Laufenburger: To avoid the 10% added fee and the $5 administrative fee, is that correct? Greg Sticha: That is correct. Councilman Laufenburger: Okay. And when do we, we publish this list don’t we? Greg Sticha: That is correct. Councilman Laufenburger: And when does that get published? After November or now? Greg Sticha: That’s already been published actually. Councilman Laufenburger: Alright. So some people that would be responsive to that would pay before the end of November? Greg Sticha: Possibly. Councilman Laufenburger: Okay. Thank you Mr. Mayor. Mayor Furlong: Thank you. Any other questions of staff? Mr. McDonald. Councilman McDonald: Yeah I’ve got a follow up. Are the individuals, because you have everything listed here just by the property identification number. Have we sent notices out to these individuals so that they know that they’re going to? Greg Sticha: Multiple. In most cases they’ve received 3 notices by now and most of these balances are delinquent from earlier in the year and even going into last year. Councilman McDonald: Okay, thank you. That’s all. 4 Chanhassen City Council – October 28, 2013 Mayor Furlong: Okay. Let’s pick up the code enforcement. I think there’s one or two there. I think there’s one but let’s do that at the same time and then we’ll have our one public hearing on both of them and deal with both of them as a single motion unless there’s objection to that. Greg Sticha: There’s only one code violation that is delinquent at this time and that is for $591 and we had one in 2012 as well. In 2010 and 11 we had about a dozen each year most likely because of more properties that were either in foreclosure or just not being attended to and so it’s more typical to have just one or two a year that we have delinquent code enforcement violations on. So nothing really to report. Mayor Furlong: Any other questions on code? Absent attaching these to the property tax bill for next year, what would be the City’s recourse in terms of collection? Small claims court. Greg Sticha: Small claims court or you know a collection agency. Some cities attempt to send some of their’s off to collection agencies but this is by far the most effective tool a city has to collect these. Mayor Furlong: Mr. Knutson, if we did go through small claims or something like that for some of the larger items, the larger accounts, what’s our cost or time or effort that would be involved in that? Roger Knutson: Personally I’m not aware of any city that has done that. It’s certainly something open to you. When I worked in one city where someone is historically about $200,000 behind every year but if you take them to small claims court, first you have to do that and go there. Then you have a judgment. Then you’ve got to collect on the judgment so you have to find out where they have an account or where they have assets other their home and it can take, can be quite time consuming. This is definitely the most efficient way of collecting. Mayor Furlong: Alright, thank you. Any other questions? Councilwoman Ernst: I have a question Mayor. Mayor Furlong: Yes, Councilwoman Ernst. Councilwoman Ernst: Greg can you tell me, if from the past year, like last year, did we collect all the outstanding debt from last year? Greg Sticha: Well any amounts that are not paid by the end of November were certified last year and then all of those amounts would be collected on the property taxes. Now if the property taxes were not paid for that particular year, those property tax payments would be in arrears. Eventually we will collect the payments on those property taxes as well. In some cases those property taxes might be 2 to 3 years in arrear before we actually collect on the property taxes where these would also be levied or associated with the property so. Councilwoman Ernst: So we do have different avenues of collecting the debt but we always collect it. Greg Sticha: Ultimately. Councilwoman Ernst: It might be 3 years later but. Greg Sticha: Potentially. Councilwoman Ernst: Thank you. 5 Chanhassen City Council – October 28, 2013 Mayor Furlong: Okay, thank you. Any other questions? If not I would like to open up a public hearing on both the issue of attaching delinquent utility accounts and delinquent code enforcement accounts to property taxes so if anyone would like to speak to the council on this matter, I invite them to come forward to the podium. Please stating their name and address for the record. No? Okay, seeing nobody without objection we’ll close the public hearing on both these items and bring it back to council for discussion. Is there any additional discussion? On these. If not would somebody like to make a motion. I think we can cover these both in a single motion. Councilman McDonald. Councilman McDonald: I’ll do it. I make the motion that the City Council adopts the resolution certifying delinquent utility accounts to the County Auditor and that the City Council adopts the resolution certifying delinquent code enforcement accounts to the County Auditor also. Mayor Furlong: Thank you. Is there a second? Councilwoman Tjornhom: Second. Mayor Furlong: Motion’s been made and seconded. Any discussion on that motion? Hearing none we’ll proceed with the vote. Resolution #2013-52: Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council adopts the Resolution Certifying Delinquent Utility Accounts to the County Auditor. All voted in favor and the motion carried unanimously with a vote of 5 to 0. Resolution #2013-53: Councilman McDonald moved, Councilwoman Tjornhom seconded that the City Council adopts the Resolution Certifying Delinquent Code Enforcement Accounts to the County Auditor. All voted in favor and the motion carried unanimously with a vote of 5 to 0. CONSENT AGENDA: (8). APPROVAL OF SETTLEMENT AGREEMENT FOR TREE REMOVAL ON CITY PROPERTY AT 6891 LOTUS TRAIL, PETER ROCHEFORD. Councilman Laufenburger: Thank you Mr. Mayor. Mayor Furlong: Excuse me Mr. Laufenburger. This deals with the request to approve the settlement agreement for the Carver Beach tree removal. Mr. Laufenburger. Councilman Laufenburger: Okay. Let me just take a moment to make sure I have this in front of me. Okay, thank you Mr. Mayor. My question relates to, and I’m quoting from the resolution. Now Therefore, item 2 under the Therefore. Therefore in consideration of the payment, and this is the payment for, I’ll just use the term restitution. I’m not sure if that’s the right word to use Mr. Knutson or not. Fair enough? Roger Knutson: That’s a fair word. Councilman Laufenburger: Okay, restitution. The City, that would be us, hereby releases and forever discharges the individual from any and all claims, damages, actions, causes of actions, warranties, obligations, liabilities, expense costs, attorney’s fees, proceedings and judgments of whatever kind or nature which the City ever had or now has against the individual. My question is, does this eliminate from the individual’s future any criminal charges associated with the destruction of public property? Do you know the answer to that Mr. Knutson? Roger Knutson: What he did was done, could be looked at as a felony. I choose my words carefully here. 6 Chanhassen City Council – October 28, 2013 Councilman Laufenburger: Okay. Roger Knutson: That would be for the County Attorney to decide. Do I think criminal prosecution will go forward if you approve this? I can’t speak for the County Attorney but I don’t think it’s likely. Mayor Furlong: Does this release in any way limit the County Attorney from pressing charges or choosing not to? From a legal perspective. Roger Knutson: From a policy perspective it could have an impact, yes. That would be up to the County Attorney. Mayor Furlong: Is your question Mr. Laufenburger, does this release legally prevent the County Attorney pressing charges? Is that another way of saying it? Councilman Laufenburger: Yeah I think that’s, yeah. What I’m wondering is, if in fact is this individual, it says in consideration forever discharges from any and all claims which the City ever had or now has against this individual. It doesn’t say the County or the State or. Roger Knutson: That’s correct. Councilman Laufenburger: So it doesn’t stipulate anybody else that may choose to try to bring charges? Roger Knutson: Well it could have an effect on their decision to bring charges. Mayor Furlong: Is it legally limiting on their ability to do that? Roger Knutson: I do not believe it’s legally limiting their ability but I am hesitant to speak for the County Attorney. Councilman Laufenburger: I understand. Mayor Furlong: I understand you can’t. Roger Knutson: That’s right. Councilman Laufenburger: Okay, the only other question I have. Thank you Mr. Knutson. The only other question I have is that, it appears, and I think Mr. Gerhardt I’m going to direct this to you. It appears that what this payment is, is covering two things. It’s covering the cost that the City incurred in terms of staff time, administrative time to deal with this controversy and then also the purchasing of 17 trees. Is that correct? Todd Gerhardt: Purchasing, planting of trees and also a contractor of our choosing so I think that was pretty key as far as. Councilman Laufenburger: But there is no, well what I’m wondering is, the trees that have been purchased, do they carry warranties that if for any reason any of those trees don’t survive the first or second winter they will be replaced? Todd Gerhardt: I think we have a one year warranty. 7 Chanhassen City Council – October 28, 2013 Councilman Laufenburger: One year warranty and that’s a standard warranty. I guess my point is that while I don’t disagree with this settlement, I think it’s important to note that there’s really nothing that can be done to return the trees to their current, to the state they were in before they were cut down and. Todd Gerhardt: That’s correct. Mayor Furlong: But for planting new trees and the passage of time. Councilman Laufenburger: That’s correct and of course the passage of time, well I think what I want to say is that the trees that are being put in are the same as the trees were when they were put in 17, 18, 20 years ago so what that means is that the neighbors are going to have to live for 20 years before they see those trees return to the stature, the majestic viewpoint that they provided or vista that they provided that was destroyed by this individual. Thank you Mr. Mayor. That’s all I wanted to say. Mayor Furlong: Alright. Any other comments or any questions? Mr. McDonald. Councilman McDonald: I have a question. Why did this happen? Was it a misunderstanding or was it just frustration? I mean I take it that there’s this piece of land that obviously belongs to the City and were the trees cut down because of a view that he wanted to have or, I’m trying to understand why did this happen? Todd Gerhardt: Well I think there’s differing views on the case and his case is that he felt as though he was in there cleaning up trees that weren’t significant and that there were some dead ones in there so trying to clean up the area was probably the way he described it and but you know in the past we had another individual that cut in the spot and it was to better his view of the lake. Councilman McDonald: Okay but that wasn’t necessarily the case of this particular individual, at least do you believe that or was there enough evidence to lead you toward that or? Todd Gerhardt: You know if you were just cutting the dead ones you wouldn’t have cut the live ones so, and it was a swath so my guess the ultimate goal was a view. Councilman McDonald: Okay, thank you. Councilwoman Ernst: One other question Mayor. Mayor Furlong: Yes, Councilwoman Ernst. Councilwoman Ernst: So Todd do you, was he with the understanding that this was city property that he was cutting these trees down? I mean was that clear to him that this was city property? Todd Gerhardt: Yes. Councilwoman Ernst: Okay. Mayor Furlong: Mr. Laufenburger. Councilman Laufenburger: Yeah, you can tell I’m troubled by this Mr. Mayor and what troubles me is, is that if this can happen here what’s to prevent somebody else from coveting a view that they do not have and perhaps doing it in other locations and I’m wondering do we feel like our signage is appropriate for, to protecting our assets. Specifically the assets of the parks and the trees. I mean these are, these are 8 Chanhassen City Council – October 28, 2013 majestic elements of nature that make this community what this community is and apparently this isn’t the first time that something like this has happened, am I correct? Todd Gerhardt: That is correct. Councilman Laufenburger: Okay so. Todd Gerhardt: Second time in this location but we’ve had other incidents throughout the community. Councilman Laufenburger: Maybe there’s a resurgence of education that we need to put in place to inform our citizens that, when they go beyond their property lines they are stepping into the realm of questionable behavior and that’s a no-no. I don’t have an answer for that but I think it’s something that perhaps maybe we need to have parks and recreation explore a little bit. Mayor Furlong: I find it interesting that we have to educate people not to destroy someone else’s property. Councilman Laufenburger: I find it interesting that you find that interesting Mr. Mayor. Mayor Furlong: From the standpoint that I think that should be common knowledge. Councilman Laufenburger: Should be. Councilwoman Ernst: I agree. Mayor Furlong: Absolutely. Councilman Laufenburger: Yeah, absolutely should be. Maybe we should have a class at the high school about this or something. Mayor Furlong: Well there’s a referendum next week… Any other comments or questions on this? Would somebody like to make a motion? Councilman Laufenburger: I’d be happy to do that Mr. Mayor. Mayor Furlong: Mr. Laufenburger. Councilman Laufenburger: I move that the Chanhassen City Council approves the settlement agreement in the amount of $12,680 and release of claims for the removal of 17 trees from Carver Beach Park by Peter Rocheford. Mayor Furlong: Thank you. Is there a second? Councilwoman Ernst: Second. Mayor Furlong: Motion’s been made and seconded. Any discussion? Councilman Laufenburger moved, Councilwoman Ernst seconded that the Chanhassen City Council approves the settlement agreement in the amount of $12,680 and release of claims for the removal of 17 trees from Carver Beach Park by Peter Rocheford.All voted in favor and the motion carried unanimously with a vote of 5 to 0. 9 Chanhassen City Council – October 28, 2013 COUNCIL PRESENTATIONS. Mayor Furlong: Mr. Laufenburger. Councilman Laufenburger: This may be an administrative presentation but I just have a question. I noticed Mr. Gerhardt that the stairway connector, which this council approved for construction between Highover and the Highway 41 trail is not yet complete and I noticed that there was, there has been some discussion about that. Can I get perhaps a current update on that, would you mind? Todd Gerhardt: Yeah. Todd Hoffman, our Park and Rec Director is here also. He can add to any comments that I provide but we entered into a contract with Mr. Tice to build the stairs. Mr. Tice could not fit the stairs into his schedule for this year so this is very disappointing on behalf of staff and I got to believe City Council. Because we knew he wasn’t going to move ahead with the stair project we went ahead and mulched and seeded the open area where the stairs were going to go and right now Todd, were you going to extend the contract until next year? Todd Hoffman: This project is under a quote for it’s a quoted project so we don’t have a written contract on this particular project so it’s $59,000 on a quote basis and Tice Construction has been a very good contractor for the City of Chanhassen for over 20 years. They provided a lot of very excellent concrete work for the City at a price which has saved the community a lot of money over the next lower bidder over that time span but in this case they did not perform. Tice Construction did not perform and I believe there’s a variety of factors here. It was a very late spring and so they were backed up. Had a lot of work in the beginning of the year and that got them behind right out of the gate. We had a construction per-con nd meeting on August 2 at this property with everyone involved. The property owners, the contractor, staff, and the consultant that was working on the design. At that point we were hoping that the project would be completed in August and Tice Construction, Jerry Tice stated no, he wasn’t going to get there until September. September came and went. Halfway through the month we started getting call back from Tice Construction and again he just continued to put us off during the month of September and October. At that point it was clear that he really needed additional help on this project from a nephew that is also in the concrete business. It’s somewhat complex to construct a stairway and that other contractor had taken jobs outside of the state at that time so we’re disappointed that Tice Construction did not fulfill their commitment to build the project on behalf of the City and this is probably likely one of those projects we’ll ask the council to carry over into 2014 so we can complete it at that time. Councilman Laufenburger: Has Mr. Tice committed any energy, parts, labor, materials to the project yet or not? Todd Hoffman: No. Councilman Laufenburger: So the grading and the mulching that’s been done, that’s all been done at City expense? Todd Hoffman: Correct. Councilman Laufenburger: Okay. And that was an expense we didn’t expect to incur, is that correct? Todd Hoffman: Not the, the grading was on our dime. We would not have had to mulch and seed it if it was complete. Councilman Laufenburger: Okay. Thank you. 10 Chanhassen City Council – October 28, 2013 Councilwoman Ernst: Mayor? Mayor Furlong: Yes, Councilwoman Ernst. Councilwoman Ernst: So Todd with that in mind I’m assuming that we have labor as well that went towards the mulching of that project. Has there been given any consideration for the amount to charge this contractor back for labor, materials, time? Todd Hoffman: I’m not sure if we’re, we’d have to ask our counsel if we’re in a position to do that underneath this type of an arrangement. I’m not sure if we would be. Councilman Laufenburger: So it’s possible that he may never complete the job that he gave us a quote for, is that correct? Todd Hoffman: Sure. Councilman Laufenburger: It would be our decision to, as we say winter over this project until next year and then ask for a quote again. Mayor Furlong: Would we need to receive another quote or is the current one still binding for a period of time? Todd Hoffman: Mr. Tice has stated that he will, his hope was to complete it sometime in October- November. Likely that he would not be able to do that and then he would be back in the spring to complete the work if we wanted it to be. Mayor Furlong: And if we wanted to hold it over and have him do it, would he honor the original quote? Todd Hoffman: Yes. Mayor Furlong: And do you have a sense of assurance that he’ll be able to do it next spring? Todd Hoffman: Unfortunately the same sense of assurance that I had that he would do it this year but again he has stated that he’ll be back. He’ll honor that price. Tice Construction has worked for us again for over 25 years. He’s a local contractor. I believe he just got into a bind and just wasn’t able to make all his commitments that he made over the summer. Mayor Furlong: Well I guess, and Mr. Laufenburger you brought this up. I don’t know if you had other questions or other people had questions but it would seem to me that if it’s your decision to hold it over, you should probably take a look at the calendar and put some deadlines in place for him to have work started or completed by such and such. If those deadlines are not met, we’d be able to still have time hopefully to go with a different contractor and go through the process of receiving quotes. Go with a different contractor and try to get it done next year, if that makes sense. Todd Hoffman: It does. Todd Gerhardt: Mayor, council. I think we’ll even take it a step farther. I’ll set up a meeting with Mr. Tice, Todd Hoffman and myself and sit down and ask him you know, would he reimburse us our cost for the mulch. 11 Chanhassen City Council – October 28, 2013 Mayor Furlong: I think there are some extra costs no question. Todd Gerhardt: And try to get some real assurances out of him comfort level wise that he will you know honor his quote and do the work next spring. I know he’s verbalized that but just get some assurances and hear it from him. Mayor Furlong: That makes sense. Okay. Councilman Laufenburger: Thank you Mr. Mayor. Mayor Furlong: And yes Mr. Laufenburger that was under Administrative Presentations so. I’m still on council presentations. Any other council presentations? Councilman Laufenburger: Oh one more for Councilwoman Ernst. Crown College defeated McMurray College on Saturday 28 to 14. Councilwoman Ernst: Yay. Mayor Furlong: See what you started Mr. McDonald? Councilman McDonald: But he’s such a good monster. Mayor Furlong: The only other thing I will bring up under council presentations is to remind those viewing that District 112 does have a referendum election next Tuesday. A week from tomorrow on the th 5. Chanhassen residents vote at the Chanhassen Rec Center if I’m not mistaken so I think most people are becoming aware of that and getting the information, which is good and we encourage everybody to, if you’re in the District 112 to be sure that you get out and vote so that your voice is heard. ADMINISTRATIVE PRESENTATIONS. Todd Gerhardt: Just wanted to highlight an item in the correspondence packet. You’ll find the Highway 101 gap flyer and it really highlights the needs for improvements of 101 south of Pioneer down to Flying Cloud Drive and Paul and his staff worked hard on this and we’ve been sharing this with MnDOT and any correspondence out there where we’re looking for special funding so, and we’re also making it available on our website so. Mayor Furlong: Thank you. And this was also part of the correspondence packet, which I’m not to yet but that’s fine so with that. Todd Gerhardt: Since everybody else is jumping ahead. CORRESPONCE DISCUSSION. Mayor Furlong: Why not, join the party. The question I have there is, and Mr. Oehme you have a letter in there that speaks to Three Rivers Park District with regards to a pedestrian overpass bridge, is that correct? Your letter that’s in the correspondence packet seeding support from the Three Rivers Park District. Paul Oehme: Yeah. Mayor Furlong: What does that relate to? 12 Chanhassen City Council – October 28, 2013 Paul Oehme: Sure Mayor, City Council members. That relates to the desire to upgrade the 101 corridor. As you know the LRT trail runs perpendicular to that corridor and it’s the vision, the need is to build a pedestrian overpass when 101 is upgraded so in 2014 there is anticipated to be federal funding available for solicitation. We’d like to apply for in that year so we are asking Three Rivers Park District to support that application and help fund the local match. Mayor Furlong: Okay. Alright. And that would be, this would be done in conjunction with improvements to the 101 corridor? Paul Oehme: Absolutely. It would be done at the same time. Mayor Furlong: Okay, thank you. Any other questions for Mr. Gerhardt under Administrative Presentations? Any other comments of the correspondence packet? No? If there’s nothing else to come before the council this evening, we will continue our work session items immediately following our council meeting here but if there’s nothing else at this point, is there a motion to adjourn? Councilwoman Tjornhom moved, Councilman McDonald seconded to adjourn the meeting. All voted in favor and the motion carried unanimously with a vote of 5 to 0. The City Council meeting was adjourned at 7:45 p.m. Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 13