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CC Minutes 1999 01 11CHANHASSEN CITY COUNCIL REGULAR MEETING JANUARY 11, 1999 Mayor Mancino called the meeting to order at 6:35 p.m. The meeting was opened with the Pledge to the Flag. COUNCILMEMBERS PRESENT: Mayor Mancino, Councilman Senn, Councilman Engel, Councilman Labatt, and Councilwoman Jansen STAFF PRESENT: Todd Gerhardt, Roger Knutson, Anita Benson, Todd Hoffman, and Phil Gravel APPROVAL OF AGENDA: Councilman Senn moved, Councilman Engel seconded to approve the agenda deleting item l(g), appointment of the Fire Chief because this position is a two year appointment. All voted in favor and the motion carried. PUBLIC ANNOUNCEMENTS: None. OATHS OF OFFICE: Roger Knutson administered the Oaths of Office for Mayor Nancy Mancino, Councilmember Linda Jansen and Councilmember Steve Labatt. The following list of people were present for all items on the agenda. Public Present: Name Address Marcia & John Hull Bill Jansen Dan Modzynski Bob & Sherry Ayotte Craig Blechta Patsy Bernhjelm Leah Hawke Jacob & Samuel Esch Jim Sloss Carol Dunsmore Leslie Michel Colleen Dockendorf Michael O'Kelly Linh Huynh 1421 Lake Susan Hills Drive 240 Eastwood Court 6213 Cascade Pass 31 Sandy Hook Road 9380 Kiowa Trail 7444 Moccasin Trail 7444 Moccasin Trail 9360 Kiowa Trail 730 West 96th Street 2840 Washta Bay Road 2061 Oakwood Ridge 685 Carver Beach Road 720 West Village Road # 102 ORGANIZATIONAL ITEMS: Mayor Mancino: Are there any organizational items, one, that we need to pull and number two, let's go through this first. Are there any that need to be pulled for councilmembers to talk about later. Councilman Senn: I'd like to pull l(b). City Council Meeting - January 11, 1999 Mayor Mancino: l(b), official newspaper. Councilman Senn: Right. And then I'd like to just put a clarification on (d) and a). l(d), bond consultant will be bid in July and la), official depository will be bid out and decided during the first quarter of this year. Mayor Mancino: First quarter of '99. Councilman Senn: Right. Mayor Mancino: Okay. Then with that, let's go to l(e), Acting Mayor. Is there anyone who would like to volunteer to be Acting Mayor? Are there any nominations for Acting Mayor? Councilman Engel: I nominate Mark Senn. Mayor Mancino: Any other nominations for Acting Mayor? Would you accept the nomination to be Acting Mayor? Councilman Senn: Okay. Mayor Mancino: So Councilman Senn will accept Acting Mayor. Then may I have a motion for organizational items l(a), l(c), l(d), l(e), l(f), l(h), l(i), la). And remember Fire Chief, l(g), because that's a two year term we don't need to do that again. So may I have a motion please? Councilman Engel: Move approval of organizational items l(a),(c),(e),(f),(h) and (i). And a), excuse me yes. Councilman Senn: And (d). Councilman Engel: And (d), bond consultant. Councilman Senn: With those clarifications. Councilman Engel: Thank you. I got my notes delayed there. Mayor Mancino: And may I have a second please? Councilman Senn: Second. Councilman Engel moved, Councilman Senn seconded to approve the following organizational items as presented: a. Rules of Procedure (Resolution 99-01) c. City Attorney d. Bond Consultant to be bid in July e. Acting Mayor Senn f. Weed Inspector City Council Meeting - January 11, 1999 ho Health Officer City Auditors Official Depository to be bid and decided in first quarter of 1999 All voted in favor and the motion carried. Mayor Mancino: l(b) you pulled. Councilman Senn: Yeah, I would like to make a motion on l(b) to temporarily appoint the Chanhassen Villager the official newspaper for 30 days and ask the City Attorney to research some of the questions we asked him in the work session and also get the back-up financial information as to being suggested in the change in rates or how it compares to previous years, etc. So we could revisit this issue at hopefully our next meeting. Mayor Mancino: Okay, and that is because we have both the Chanhassen Villager and the Lakeshore Weekly News that are both asking to be the official newspaper. Councilman Senn: Correct. Mayor Mancino: Okay. May I have a second to that motion? Councilman Engel: Second. Councilman Senn moved, Councilman Engel seconded to appoint the Chanhassen Villager as the Official Newspaper for Chanhassen for 30 days and ask that the City Attorney research the questions asked by the Council and discuss this issue at the next work session. All voted in favor and the motion carried. CONSENT AGENDA: Councilman Senn moved, Councilman Engel seconded to approve the following Consent Agenda items pursuant to the City Manager's recommendations: d. Approval of Temporary On-Sale Beer License, February Festival, Chanhassen Lions Club. City Council Minutes dated December 7, 1998 City Council Minutes dated December 12, 1998 City Council Minutes dated December 14, 1998 City Council Minutes dated December 21, 1998 Planning Commission Minutes dated December 2, 1998 All voted in favor and the motion carried. Mayor Mancino: We will discuss 2(a) and 2(e) at the end of the agenda. VISITOR PRESENTATIONS: Colleen Dockendorf: Good evening. Colleen Dockendorf, 2061 Oakwood Ridge. Hi. I come before the council tonight to ask what the status of the public safety department and public safety director position is. Since all of, the bombshell was dropped in late November regarding the reorganization and since the forced City Council Meeting - January 11, 1999 resignation of our public safety director, there has been some conflicting information as to the status and precious little direct communication. During the late December budget meetings the position, the funding for the position was cut and yet the Mayor expressed that if the position were filled, the funding could be found. And then last week in your article Nancy you indicated that the decision regarding the position would be made in early 1999. And then I talked to Todd last week and he said that he thought that perhaps a decision would be held off until the new city manager were in place. So I'm asking for a response tonight as to what is the plan for making a decision regarding the position and the departmental structure. And if the answer to that, I mean this is your first meeting of 1999 so I can appreciate that you haven't gotten to it yet and if the answer is we don't know yet, then I would, that's a completely appropriate response and if the decision still is in the air, then allow me to please suggest a process that I think would be fair to all. I think it's pretty evident from the number of people that showed up at the December 14th meeting that there's a lot of concern by our citizens about what's going on with respect to the department and the position. And at that December 14th meeting only 13 citizens were allowed to express their opinion, either for or against the position or the structure. I think it would be prudent given the concern out there, to have another public hearing on the issue where all people can be heard as to what they would like to see with respect to public safety coverage in our city. Additionally I would ask that you look to your public safety commission. That is the place where citizens can also express their opinion and the public safety commission obviously is a little closer to the issue and has some experience and background as to what may be appropriate for the citizens. We are the sounding board. Please use us. Further, we'd ask that you talk to your neighboring cities. I know that Eden Prairie and Chaska particularly have opinions on this issue and would be happy to provide some input if you would ask them. Find out what works for them. Find out how they interact with our city with respect to public safety. Finally I'd ask that you ask the professionals. Ask the people in the agencies that provide coverage for Chanhassen. That means the Carver County Sheriff's Department, the DNR, the State Patrol. I'm sure I'm forgetting several but please, get input from the professionals as to what's appropriate. They know the topics very well. Find out what they need from us to provide adequate coverage for Chanhassen. Please don't make this decision in a vacuum. Let's do our research before we go forward. So tonight I'm asking if you have an answer, please tell us what it is. What is going to be your process for making a decision regarding the position and when will we know and how will you communicate that to us? Thank you. Mayor Mancino: Anyone else? Conrad Fiskness: Mayor Mancino, members of the Council. I'm Conrad Fiskness from the Riley- Purgatory-Bluff Creek Watershed District and I'm here to make a presentation of a check. It's a check for $14,545.94 and just a word of explanation, particularly for the benefit of the two new council members, if I may take just a moment to explain what we're doing. One of the provisions that the Watershed has at it's disposal is a maintenance fund for stream and lakes and we can levy for, not a lot of money but we have been doing it for a few years so we have a little bit of a kitty where we can use for correcting problems that directly affect the public waters in either the streams or the lake. And within the last year or so Lotus Trail presented a challenge. With the big rains there'd be a lot of erosion and the aggregate that would be put into fill in the gullies that washed with each storm would find it's way into Lotus Lake and so together with the engineering department from the City of Chanhassen and the help of Phillip Elkin also, a plan was put together to improve the Lotus Trail and that has been completed and the cost was around $29,000.00 and so the way we like to approach in our policy on these type of projects is to set if one of the municipalities has a project that needs to be worked on, we'd like to have them share in part of the cost but we are willing to share in half of it. And so I'd like to present you, Mayor Mancino with this check and thank the city and the staff for helping us solve what was a problem that was aggravating to the residents and to anybody who was concerned about Lotus Lake. City Council Meeting - January 11, 1999 Mayor Mancino: Thank you. Thank you very much Conrad. Let's go, anyone else then I'll come back Colleen. Anyone else wishing to address City Council? Kenneth Durr: Madam Mayor and Council. My name is Kenneth Durr. I live at 4830 Westgate Road, Minnetonka. I'm the developer and owner of a subdivision called Minnewashta Landings, which is on the northwest end of Lake Minnewashta, bordered by Highway 7 and Minnewashta Parkway. Right across from the Fire Station. During the development of the property and subsequent to it's development I had a fair amount of problem with trespassing in the way of snowmobilers. The first year that we had the problem I talked to the snowmobile club and Mr. Littfin, one of the other gentleman in the club were as helpful as they could be. They put up lathe and binder twine and flags and some signs but the snowmobilers continued just to completely ignore this and would continue trespassing, ruining evergreens and shrubs and crisscrossing the property. At one point I was behind the berm on Highway 7 on a Sunday afternoon with a client putting markers in the snow for their house when a snowmobilers came over the berm, nearly hitting the three of us. And immediately behind him another one nearly hitting us from the other side. It is a hazard and a real problem as far as this invasion of the property. Subsequent to that first year when the snowmobile club put up the lathes and twine, which was not sufficient at all, we purchased 65 steel fence posts, over a 1,000 feet of half inch yellow rope and it takes two men a day to put it up and a day for two men to take it down. Plus the cost of the materials and we put up 30 signs. After the first year, I think we had 10 of the signs left. They were just completely destroyed. The ropes were cut. Fence post pulled and in one case along the lakeshore where we attempted to block off the access from the lake, the fence posts were even hurled up into the trees and hanging there for the balance of the winter. It has cost me about $1,024.00 each year to put up and take down the roping and the fence posts and they still cut the rope and proceed to go through. We put those up for the last two years. This year we hope that with the trail going in, and I talked to Mr. Hoffman about that and my hope was that with the trail going in, that that would prevent the snowmobilers from being up on the property, but stay down in the roadway ditch. Well contrary to my thinking, it's just the opposite. Now the trail becomes a challenge to them as well as the side of the berm and now they're beginning to go through the property again. They're crisscrossing the new walking trail which is a big hazard. Last week, not right in front of my property but a little further east from there, there was a lady and two children walking the trail. Snowmobilers crisscrossing around them. In their frustration they left the trail, crossed the ditch and went up and walked the edge of the highway. So it's not just a problem of property being damaged and invasion there, but I think it's only a matter of time before someone is either going to be injured or worse on the trail if that's allowed to continue. I don't know what more I can do as a property owner. We pay taxes there. Over $200,000.00 a year, which is a fair amount and then have to spend another $1,000.00 plus a year to put up fencing and posts. One snowmobiler that I stopped indicated to me that the posts that I had up there last year were a hazard. He said that some snowmobiler's going to get hurt and that I'd be sued. Now I don't know if that could be a possibility. I guess anything's possible when someone hits something on your property. But the question in my mind is, if that were the case, what if any responsibility does the city have once they have put in a trail to maintain a safe condition for those people using the trail. I don't think it's a matter if somebody's going to be injured on that trail. I think it's only a matter of when. And this year I did not put up the posts or the rope and of course the snowmobilers are all over it. I talked to Mr. Littfin of the snowmobile club. He said he and his people would be out and put up lathe but I know that's not going to do the job. Last year Mr. Littfin and one of his people came out at my request to observe firsthand what was happening. While we were there snowmobilers were completely ignoring where they should be. They were up on the property so we got in my Jeep. Drove down the highway. Stopped them at a cross street and Mr. Littfin and his other man got out to talk to the snowmobilers. They just completely ignored him. Hopped back on their machines and just wheeled right around us. So even the snowmobile club admits City Council Meeting - January 11, 1999 they cannot control the situation. Now I don't have any suggestions. I'm just here for some help. It's been sort of a desperation really and I don't know that we should have to continue to spend that kind of money and effort and then still to no avail to keep the snowmobilers from the property. Thank you. Mayor Mancino: Well before you sit down Mr. Durr. Why don't Todd Gerhardt, our City Manager, give you a call and let's set up a time to get together and discuss it and look for some possible solutions. I don't know if anybody on council right now has a particular solution but let's get together and talk about it and figure out what we can do. Kenneth Durr: Thank you. Mayor Mancino: Bob, if you could wait just one second so that I can answer Colleen's. I didn't expect to just leave your question out there. The City Manager and I met and were starting to talk about this morning some of the work sessions or upcoming work sessions because as you said we have not gotten together as a council. This is our first meeting and we really haven't talked about it, but we are going to bring it up as far as procedure and what we want to do at our work session on the 19th. So it will be on the agenda. Other than that you know we haven't come to any conclusions or gone forward at all but to bring it to the entire council on the 19th. The 18th is a holiday so it will be on Tuesday the 19th of January. And we will probably have a schedule as far as timing. I don't have that tonight but we can certainly give that to you. Okay? Anyone else wishing to approach the council? Well if he wants to come back and say something, we'll let him. PUBLIC HEARING: REQUEST FOR AN ON-SALE BEER AND WINE LICENSE, THE GREAT WALL RESTAURANT, 566 WEST 78TM STREET (FORMERLY ANH LE ORIENTAL CUISINE). Todd Gerhardt: Mayor, councilmembers. The Great Wall Restaurant is requesting a wine and beer sale license. They are looking at moving into the Anh Le Restaurant. They have purchased that restaurant from Anh Le so it will now be called the Great Wall Restaurant and the Great Wall is from North Mankato. A background check on them showed up negative. No outstanding warrants or fines that they received in North Mankato. With that staff would recommend approval of the wine and beer license for Great Wall Restaurant. Mayor Mancino: Thank you. Any questions for staff at this point? Councilman Senn: Todd just one quick one. Anh Le had the same thing, correct? Todd Gerhardt: Correct. Councilman Senn: Okay. Mayor Mancino: This is open for a public hearing. Is there anyone tonight wishing to make comments on this for City Council tonight? Okay, the public hearing is closed. Bring it back to council. Any other comments or questions? May I have a motion please? Bob Ayotte: I'm sorry, you're not talking loud enough mayor so I'm afraid I didn't hear you. May I approach to ask a question? Approach the bench. City Council Meeting - January 11, 1999 Mayor Mancino: Excuse me, Bob this is on the on-sale beer and wine license. Yes, okay. Bob Ayotte: Thank you. First I'll make a comment. I have tickets to the game this Sunday. Mayor Mancino: Name and address please. Bob Ayotte: Bob Ayotte, 6213 Cascade Pass in Chanhassen. And I'll rub it in again. I have tickets to the game this Sunday. Councilwoman Jansen: So do I. Bob Ayotte: Councilwoman, where are your seats? Councilwoman Jansen: You can't have them. Bob Ayotte: With respect to what the gentleman was just talking about outside and with the beer and liquor license issue, I don't know the specifics of it but I'm going to request and ask if there was a risk assessment made regarding both safety issues and impact on an economic basis. Rather than have, and you know your point's well taken. When you're going through the budget process, everything should have the basis of estimate. Everything should have a rationale. Everything should have a pro and con statement. Okay. Does one exist for the liquor license and did one previously exist before this path was put in for this guise with the snowmobilers? Two different issues. Mayor Mancino: Let's just do the liquor license first. Bob Ayotte: Okay, swell. Mayor Mancino: So your question on the liquor license is what? Bob Ayotte: Has there been a risk assessment with respect to impact on public safety, traffic ability and so on? Two, economic impact. Three, response from the community with respect to other interest groups, i.e. church groups, so on. Has there been a risk assessment? I'm sure we have something like that that's a process in the city. I hope. Mayor Mancino: Has there been? Todd Gerhardt: Well we do background checks on every applicant to see if there are any outstanding warrants or any other incidents individually and/or with their present location in North Mankato. All that search has come up negative. And it's a public hearing. We notified all residents within 500 feet of the restaurant. No comments were received. It was advertised in the Villager... Bob Ayotte: Well that satisfies part of the question. Thank you. But the part with respect to assessment. Objective assessment. Public safety. Where it's being position. Traffic. Things along that line. I appreciate the fact that the individual that you've inquired on may not have a felony background. However, has there been an assessment with respect to the impact of the introduction of a liquor license in the city? I'm not saying it's good or bad. I don't know. Mayor Mancino: Bob, there was one there before. City Council Meeting - January 11, 1999 Bob Ayotte: Oh there was a liquor store before? Mayor Mancino: Yes. Right there. Bob Ayotte: Okay. Councilman Senn: It's not a liquor store. Mayor Mancino: It's not a store but. Councilman Senn: A wine and beer license. Mayor Mancino: A wine and beer license. Bob Ayotte: Oh good. So there's a basis of estimate? Mayor Mancino: Yes. Bob Ayotte: And what's the result of that basis of estimate? Has there been an analysis? Any imperical data associated with any problems associated with the previous liquor store? Does that exist? Todd Gerhardt: It's not a liquor store. It's a wine and beer license. Mayor Mancino: For a restaurant. Bob Ayotte: I'm sorry. Todd Gerhardt: And in the eight years I believe that Anh Le was in that location, the City of Chanhassen has no incidents at that location. I'm not aware of any traffic concerns in that area. So based on that we recommended approval. Bob Ayotte: What I'm going to request is that the council consider a formalized risk assessment process. ...but we've got what, 18,000 folks now? 19,0007 Okay. When we get to 25,000 or 35,000, trust me. Minneapolis does not know everyone and they have a specific process. And we don't have to recreate it, it exists. So I know that we have a need for one, and a good example, and I'll go back. Although you want me to impose some measure of self constraint, but the gentleman that just came up did in fact indicate his concern. I'm wondering if a risk assessment was done there on a formalized basis. Sometimes no. Sometimes go. But if we have a formalized process that may assist in making sure that we do not allow a hiccup to occur with one of these actions, okay. And there probably should be a set series of questions that we always ask with the collection of data and so forth. And then we can start getting to the imperical data that you've been asking for, which I think is a good point. So if you would consider a risk assessment process. Is that possible? Mayor Mancino: Certainly that that is possible. Now you said there is one existing? Bob Ayotte: I can't hear you. City Council Meeting - January 11, 1999 Mayor Mancino: You said there one existing Bob? Bob Ayotte: In other cities... Mayor Mancino: In other cities. Bob Ayotte: Minneapolis employs one. I don't know. Mayor Mancino: Do you know Roger, does Plymouth or other cities that you work for have a risk assessment for the on-sale been or liquor? Roger Knutson: They don't use that name but that's essentially what you're going to do when you have an ordinance which has criteria and you have to meet the criteria to be approved. Then you have an application form, which requests the information you want so you can evaluate whether granting a license is appropriate. You do all that and then you make your assessment as to whether they meet the ordinance requirements. If they meet ordinance requirements and you approve them. If they meet ordinance requirements. So your criteria are in your ordinance. Mayor Mancino: And we are looking at a new liquor ordinance. We will be, is it at our next work session on the 19th? Are we reviewing one? Todd Gerhardt: That's correct. Mayor I just wanted to add one point. That these are annual licenses that you approve. So if we do have problems with any establishment during that period, council has the sole discretion of approving the liquor licensing annually. So that is another measurement tool. Mayor Mancino: Okay. We will be looking at a liquor license ordinance on January 19th during that work session also. Bob Ayotte: Thank you. Mayor Mancino: You're welcome. Councilman Senn: I'll move approval of item 3. Mayor Mancino: Second please. Councilman Engel: Second. Councilman Senn moved, Councilman Engel seconded to approve the request for an on-sale beer and wine license for The Great Wall Restaurant at 566 West 78th Street contingent upon receipt of the license fee, the surety bond, and liquor liability insurance. All voted in favor and the motion carried. APPOINTMENT OF COUNCIL MEMBER TO THE SOUTHWEST METRO TRANSIT COMMISSION. Mayor Mancino: Is there a staff report with this? City Council Meeting - January 11, 1999 Todd Gerhardt: No. Basically what we need is one council member to be appointed to the Southwest Metro Transit. I believe Mark Senn, Councilmember Senn served in that capacity last year... Councilman Senn: Do we need to do it tonight? I mean is there a reason why we need to do it tonight? Because at our work session I thought we were going to kind of go through the different things that we need to have representation on. Mayor Mancino: Oh, do it on the 19th? Councilman Senn: Yeah, do it on the 19th. It might make more sense unless there's a reason it has to be done. Mayor Mancino: I think that would be fine if you wouldn't mind going to the one in January that falls before the 19th. Okay. Then we will just go ahead and may I have a motion to table this to the 19th? Councilman Engel: Move to table. Councilman Senn: Second. Councilman Engel moved, Councilman Senn seconded to table appointment of a council member to the Southwest Metro Transit Commission to the work session on January 19, 1999. All voted in favor and the motion carried. COUNCIL PRESENTATIONS: None. ADMINISTRATIVE PRESENTATIONS: None. CONSENT AGENDA: Mayor Mancino: So let's go back to the two pulled items from the consent agenda. 2(a). AUTHORIZE PREPARATION OF WELLHEAD PROTECTION PLAN. Councilman Senn: I had a quick question on that. Anita. I don't know if it's a question for you or Phil or whatever but, essentially I understand what you're doing. I don't have a problem with what you're doing. As far as the wellhead protection plan from Northern Environmental, if I'm understanding what's presented here, I mean it's essentially over a $30,000.00 contract. Did we take bids? If not, why haven't we taken bids or at least got an alternate pricing from more than one party? Anita Benson: Northern Environmental is a subsidiary of Bonestroo. You may recall back in 1996 a well field study was conducted at that time. As part of that well field study, some work was done by Northern Environmental which identified components of well field features, well head protection plan. As you're aware a consultant, or professional services are not required to be competitively bid. Northern Environmental is, in reviewing their references, highly qualified. Has done work in several communities. Is in the process in seven communities within the metro area, conducting wellhead protection plans. So in reviewing those and in light of the fact that they have previous experience in the city of Chanhassen, and we have an established working relationship with Bonestroo, that is my rationale behind not formally going out and requesting proposals from several consulting firms. 10 City Council Meeting - January 11, 1999 Councilman Senn: Are you suggesting effectively that because of the previous work that was completed and the data in the files and stuff, that Bonestroo has, that it would make this the best deal or the cheapest or the best way to go? Is that, am I understanding that right? Anita Benson: Correct. Correct. Northern Environmental was very involved. They did geologic exploration with the 1996 study. Yes, and having that background information, they are ahead of any firm right now as far as if we brought a different firm in to start on this. They are ahead as far as work hours would be required to do that. Mayor Mancino: But there are other suppliers, vendors who do this? Anita Benson: Correct. There are other firms that. Mayor Mancino: So we could still go and get a couple other bids and hopefully that would prove that. Councilman Senn: I don't care if you go through formal request for proposal but it would be nice if you at least did a phone, some phone contacts and do a quick run over of what the scope of work is and get some pricing back so at least we find out you know if we're within the range. I think we really ought to be doing that on any contract of this size. Anita Benson: Correct. Councilman Senn: Even though we have a lot of confidence in Bonestroo, you know who's done a good job for us. I think it's just a check we should be automatically doing. Anita Benson: Correct. But the wellhead protection plan is specialized work and if in reviewing the proposal you'll see that the scope is not 100% clearly defined and that is because the scope, there are items in the scope of work that can't be determined until some other work items have been completed. So it isn't necessarily where I can go to another, to several consulting firms and request, provide them with a clear scope of work as far as services required because frankly we don't know what those are until we have gotten into the study. Especially for the group two activities. Councilman Senn: Well as I'm understanding what's been submitted here is this covers what's known and it's open ended on what's not known. Anita Benson: Not so much open ended. Councilman Senn: Or is this a not to exceed? Anita Benson: Right now we will be monitoring these costs as we go. If there's an issue that comes up in the group two work items that expand upon the work scope that we anticipate at this time, we will be notified immediately and we will negotiate any additional fee for that service. Councilman Senn: Well then I mean it sounds to me like you've got at least enough, let's call it the base scope of work and we have enough information based on the base scope of work to just go get some quick check pricing at least from another vendor if not a couple more just so we don't. 11 City Council Meeting - January 11, 1999 Anita Benson: Correct, we could certainly do that. Councilman Senn: Okay. I'd like to move to table this item and have staff do that and return to us next meeting with the results of it. Councilman Labatt: I'll second that. Councilman Senn moved, Councilman Labatt seconded to table to authorize preparation of Wellhead Protection Plan and direct staff to return with the information requested. All voted in favor and the motion carried. APPROVAL OF BILLS. Councilman Senn: I pulled this item also. Our general way of dealing with bills is to simply kind of go ahead and approve them but if we have questions on them, give a list to staff of those questions and have them get back to us. As I reviewed this list of bills to pay, I just can't, at least personally go with that this time. The only thing I can see doing with this group of bills is not approving it and hopefully not paying them and in fact if we have paid any of them, look at possibly even returning some of the stuff and getting our money back. This is the biggest end of the year shopping list I have ever seen in my life pertaining to just using up whatever funds are left. There's a whole list of capital improvement items in here that are not even in the capital improvement budgets or specified in the capital improvement budgets of the various departments. And on top of that, like I say, it's just, this thing is so loaded with everything from new tool sets to new whatever that it's obviously a let's spend it because we've got it at the end of the year list. And it's quite a chunk of money and I pulled it because I have no intention in voting for it and would hope that we would do a little more review of it before we do allow the orders or make the payments. Because I don't think that everybody would be prepared to go through and do that tonight. If you'd like to, I'd be more than happy to but I have pulled this and so that's my comments on why I pulled it. Mayor Mancino: Any other discussion? Councilwoman Jansen: I had actually also gone through and earmarked quite a few things. Not being as familiar with the bills, I've yet to see a packet quite this large so I also reacted to some of the things that were in here. There are some sizeable expenditures. If this isn't the typical, we could walk through it. I know I would appreciate it for the size of it. Mayor Mancino: Okay. Any other? Councilman Labatt: I had some earmarked too. Mayor Mancino: Okay, you had some earmarked. Councilman Labatt: No, I had questions also. Mayor Mancino: Okay. Todd, your suggestion? Would you like to sit down and do this prior to, to not go ahead and approve these and then to take some time to walk through.., work session and go over that? Have these checks gone out? Todd Gerhardt: No. They're ready to. So I'd kind of like to... resolution as quickly as possible. 12 City Council Meeting - January 11, 1999 Mayor Mancino: You probably don't have everything to answer right here and right now. Todd Gerhardt: No. No, not right now but if I could.., is that a possibility with members maybe during the week or something... Mayor Mancino: And then can we go ahead and have a motion next Monday night during our work session? Hold the checks for a week. Roger Knutson: You can call it, what you'd call a regular meeting or a special meeting so you can get the job done. It takes a little difference with the notice you post for the meeting. But yes, we have to treat it a little differently. Councilman Senn: We could just continue this meeting until then? Roger Knutson: Yes, that's one way of doing it. Councilman Senn: We could just continue this meeting until next Monday at our work session at 5:00. Roger Knutson: That's certainly appropriate. Mayor Mancino: Okay. Does that work for everyone to continue? Councilman Engel: Before we do I just want to know that the total for the month was $483,964.00 or... Can we have a month by month breakdown of every month last year? Todd Gerhardt: Well you know everything gets pushed out. There's a lot of year end items on there. Councilman Engel: You can note those? Todd Gerhardt: Like to go back to the December bills.., do have more items at year end and we haven't met... Councilman Senn: Well there's two groupings here too. I mean there's. Mayor Mancino: Yes. But I'd like to give you some time and Anita? Anita Benson: Mayor Mancino, members of the council. If I could I would like to respectfully request that the contractor payments on my capital improvement projects be approved here tonight. They are significant payments and the contractors are due the money on those projects. Projects being the Well 8 project, the water tower and then some of the projects in the Arboretum Business Park. Closing those out. Making the final pay requests for '98. I know that the contractors would certainly appreciate that. Mayor Mancino: Okay. Councilman Senn: And just to correct something so it's not misunderstood but essentially what we're looking at here, if I'm understanding this correctly, is payouts of over $1.5 million for the money. There are two different sets ofpayouts in here. So it's. 13 City Council Meeting - January 11, 1999 Mayor Mancino: It's more than the $483. Councilman Senn: Yes. Yes. There's several sets in here so. Okay. Mayor Mancino: So then let's have a motion. Councilman Engel: What about the... Mayor Mancino: To continue and let's go ahead and have a motion to go ahead and make those payments. Councilman Senn: What are specifically the ones you're asking about Anita? Mayor Mancino: Well they're Bonestroo. Anita Benson: Primarily what I'm concerned with, the water tower project, Well 8 and I believe there were payments due here. Councilman Senn: Progress payments that are due to the contractors. Anita Benson: Contractor progress payments. Just request that those would be approved this evening. Councilman Senn: Okay. So it's essentially the water tower and what was the other one, I'm sorry? Anita Benson: The water tower, the contractor payment. Well 8. Several projects in the Arboretum Business Park. 97-1A. 97-1D. 97-1B2 and also Lake Lucy Road 98-1. Councilman Senn: Okay, just to get it on the floor I'll move approval of that list. Todd Gerhardt: ... Mayor Mancino: The flex payments? Todd Hoffman: In addition we have Fairfax Asphalt which completed all of the asphalt work for all of our 18 neighborhood park improvements projects over the summer months and this is a single billing for all of those projects in the amount of $103,651.00. Councilman Senn: And that's within the contract price within the budget and all that? Todd Hoffman: Yeah, it's below the contract price for the referendum. Councilman Senn: And that's out of the referendum funds? Okay. Okay, well again just to get it on the table for discussion I would move approval of that list as presented. Mayor Mancino: I'll second that. 14 City Council Meeting - January 11, 1999 Councilman Senn moved, Mayor Mancino seconded to approve the bills requested by the City Engineer, Fairfax Asphalt in the amount of $103,651.00 and the city employee flex plan payments. All voted in favor and the motion carried. Councilman Senn: I would move that the balance of the payables be moved to a continuation of this meeting at the work session of January 19th. Mayor Mancino: At 5:00. Councilman Senn: At 5:00. Mayor Mancino: A second please? Councilman Engel: Second. Councilman Senn moved, Councilman Engel seconded to table the balance of the accounts payable until the city council work session on January 19, 1999 at 5:00 p.m. All voted in favor and the motion carried. Mayor Mancino: And in-between tonight and the work session on the 19th would councilmembers talk to our city manager Todd Gerhardt. Bob. Bob Ayotte: I tried to get the question in before you voted but was contract award, I know in this case it was, that the budget was approved prior to contract award for the past. But are any of the approvals that you just made, was contract award made prior to the approval of budget? Mayor Mancino: No, I don't think so, was it Anita? Bob Ayotte: Well if have progress payments being made, right. Progress payments are made against a contract award. And as the director for parks and rec pointed out, the contract award for what he had asked to pay for was made last summer. So obviously his budget was in place prior to the payment. The question is, was the award of any contract and the approval that you just made prior to budget approval? Mayor Mancino: I'm assuming not. Anita? Anita Benson: Prior to 1999 budget approval? Councilman Senn: Approval for the project I think is what he's asking. Mayor Mancino: Yeah, City Council had to approve every single budget. Councilman Senn: All those projects were approved. Bob Ayotte: Just as a matter of record because we're checking. Thank you. Mayor Mancino: Okay. Thank you. I think that's the end of tonight's meeting. Thank you for coming. Mayor Mancino adjourned the meeting at 7:25 p.m. 15 City Council Meeting - January 11, 1999 Submitted by Todd Gerhardt City Manager Prepared by Nann Opheim 16