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HomeMy WebLinkAboutAgenda & Minutes ''t ~ ~ .~ ---,,4 x"" 5' '-., '" 7 8 City Council Work Session - 5:00 - 7:00 p.m. FORUM: 7:00 P.M. - 7:30 P.M. REGULAR COUNCIL MEETING AGENDA Date: August 2, 1999 CALL TO ORDER and PLEDGE OF ALLEGIANCE: ......................... 7:30 p.m. APPROVAL OF AGENDA: CONSIDER APPROVAL OF JULY 19, 1999 MEETING MINUTES. CONSENT AGENDA: Those items on the Council Agenda which are considered routine and non- controversial are included as part of the Consent Agenda. Unless the Mayor, a Councilmember, or member of the public specifically requests that an item on the Consent Agenda be removed and considered separately. Items on the Consent Agenda are considered under one motion, second and a roll call vote. Any item removed from the "Consent Agenda" shall be placed on the City Council Agenda as a separate category. A) Consider Approval of Invoices to Be Paid. B) Consider Approval of Final Payment for City Project 99-13 North Shore Oaks Sanitary Sewer and Water Service Improvements. C) Consider Approval of Volunteer Firefighters' Request for Improved Pension Benefits. D) Consider Approval of Appointment to Parks Advisory Committee. ITEMS REMOVED FROM CONSENT AGENDA: PRESENTATIONS: A) Presentation by Police Chief Bill O'Rourke Recognizing Two Prior Lake Police Officers for their Recent Life-Saving Efforts. B) Presentation by Dr. Bill Morris of 1999 Prior Lake Community Survey Results. PUBLIC HEARINGS: OLD BUSINESS: A) Consider Approval of Report with Respect to Potential Funding Sources for Frontage Roads along CSAH 42 from Commerce to Rutgers and Rutgers to Harbor Place. 9 NEW BUSINESS: A) Consider Approval of Ordinance 99-XX Amending City Ordinance Restrictions with Respect to Park Property. B) Consider Approval of Ordinance 99-XX an Amendment to the Zoning Ordinance Regulating Outdoor Sales as a Permitted Accessory Use in the C-3 Zoning District (Downtown Area). 10 OTHER BUSINESS/COUNCILMEMSER REPORTS: 11 ADJOURNMENT 16dWJJrIbeg1e Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER REGULAR COUNCIL MEETING MINUTES Date: July 19, 1999 (7:30pm) CALL TO ORDER and PLEDGE OF ALLEGIANCE: Present were: Mayor Mader, Councilmembers Kedrowski, Petersen, Wuellner and Schenck, City Manager Boyles, City Attorney Pace, Assistant City Manager Woodson, Parks and Rec. Director Hokeness, City Engineer IIkka, Assistant City Engineer McDermott and Recording Secretary Meyer. APPROVAL OF AGENDA: MADER: Added an Executive Session to discuss the Burdick litigation. MOTION BY SCHENCK, SECOND BY PETERSEN TO APPROVE THE AGENDA. AS AMENDED. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. CONSIDER APPROVAL OF JULY 6, 1999 MEETING MINUTES: MOTION BY WUELLNER, SECOND BY SCHENCK TO APPROVE THE MINUTES OF THE JULY 6, 1999 MEETING. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. CONSENT AGENDA: A) Consider Approval of Invoices to be Paid. B) Consider Approval of Treasurer's Report. C) Consider Approval of Building Permit Reports for June and for the 1 st Half of 1999. D) Consider Approval of Fire Call Reports for June and for the 2nd Quarter of 1999. E) Consider Approval of 1999 Second Quarter Investment Report. F) Consider Approval of 1999 Second Quarter Budget Report and Overview. G) Consider Approval of Temporary 3.2 Non-Intoxicating Liquor License for the Prior Lake Athletics for Youth (P.L.A.Y.) and Waiver of Fees (August 6th - 8th). H) Consider Approval of Temporary 3.2 Non-Intoxicating Liquor License for the MB Softball Club. I) Consider Approval of Resolution 99-68 Approving Prior Lake Optimist Premise Permits for Lawful Gambling. J) Consider Approval of Animal Warden's Monthly Report for June 1999. BOYLES: Briefly reviewed the Consent Agenda items. KEDROWSKI: Noted his abstention from Item I. MOTION BY SCHENCK, SECOND BY PETERSEN TO APPROVE CONSENT AGENDA. VOTE: Ayes by Mader, Kedrowski (with an abstention as to Item I), Petersen, Wuellner and Schenck, the motion carried. ITEMS REMOVED FROM CONSENT AGENDA: None. 16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Council Meeting Minutes July 19. 1999 PRESENTATIONS: None. PUBLIC HEARINGS: Consider a Request by Triax Midwest Associates to Assign the Cable Television Franchise Rights to Mediacom LLC. Mayor MADER advised that the public hearing would be moved to later in the meeting until the Triax and Mediacom representatives could be present to hear resident concerns. [This item came before Council following the award of the Candy Cove project] Mayor MADER opened the public hearing, and thanked the residents for their patience. BOYLES: Gave an overview of the public hearing and request by Triax Cablevision to assign the City's cable television franchise rights to Mediacom LLC. Advised that the City's cable television attorney, Brian Grogan, will advise the Council of his review of the proposal at an August meeting. BOB GEORGE (17248 Sunray Circle SW): Stated that in four years, they have had nothing but problems with cable service. Discussed specific problems with service. Concerned about what guarantees the residents have to get the cable service they deserve from any provider. Noted that he has been told the cable equipment is medieval. ARLENE KALTON (15594 Hillside Circle NE): Stated that the cable television service in Prior Lake is inexcusable and progressively gets worse. Cannot even get local stations. Further stated that the equipment and service is non-responsive. Wants to know what will be done to improve service. GARY NELSON (5605 Cedarwood Trail): Service comes in fairly clear, but has concerns with the disrespectful, uncooperative customer service. Has first-hand knowledge that other companies in other communities are more responsive. Asked if the City gives up its recourse for non-compliance with the transfer of the contract. Also noted that Prior Lake residents pay more for less. Concerned that Triax will get off the hook, or that the new company that assumes the franchise will not be required to be responsive. MADER: Believes that if the Council accepts the transfer from Triax to Mediacom LLC, the intent would be that a specific timeline for upgrades in equipment would be part of the negotiation of the new contract. JAMES STEARNS (5383 Flagstaff Circle S.E.): Complains that the costs outweigh the services provided. Asked when the improvements will take place. ~ BUSSE (5101 160th Street): Asked if Mediacom will be inheriting the problems, what Mediacom's customer service record is, and whether local staff currently in place will remain. BOB SPEARIN was noted as agreeing with the comments heard. BOYLES: Summarized written correspondence dated July 6, 1999 from Jim Schindler of ISD #719, noting their desire for a greater emphasis and commitment by Mediacom to the public access channels and equipment located at the school district. 071999.DOC 2 Council Meeting Minutes July 19.1999 RICK FINCH (general manager of Triax Cablevision): Commented that Triax will be requesting a transfer and introduced Mediacom LLC. BRUCE GLUCKMAN (Vice President, Legal and Regulatory Affairs of Mediacom LLC): Commented that he came to get a feel for the City and the cable situation in Prior Lake. Mediacom is an aggressive rebuilder. Discussed enhancement avenues for upgrading cable services and providing access for Internet, the history of the company, current operations, and the ability to provide programming at a reasonable rate. Also discussed Mediacom's financial status and current service target areas in non-metropolitan communities. MADER: Asked how big Mediacom is in comparison to other cable television providers, and whether Mediacom understands the scope of the problem in Prior Lake. Suggested that Mediacom review the video tape from last year's hearing on cable television concerns. GLUCKMAN: Mediacom is currently in a pack at around the 15th largest provider with over 300 franchise communities and 350,000 subscribers. Stated that Mediacom has a commitment to providing quality service. WUELLNER: Asked if Mediacom operates only in communities of approximately 12,000-15,000 people. GLUCKMAN: Offered that Mediacom has larger systems as well as smaller systems, most of which have been upgraded to a higher level. Mediacom wants to provide more services, and they can't do that without upgrading the equipment. The commitment has been demonstrated in the conduct of the company. SCHENCK: Questioned whether one city's denial could stop the whole process, and whether Mediacom can provide high-speed fiber-optic service to Prior Lake. GLUCKMAN: Stated that another City's denial doesn't negate the whole deal, but any particular franchise can become a retained franchise which would continue to be serviced by Triax. Confirmed that all Mediacom upgrades use fiber-optic cable. KEDROWSKI: Asked about orphan systems and what Mediacom's policy is with respect to that issue, and whether Mediacom will retain local cable service. GLUCKMAN: Mediacom uses regional calling systems, and has sources through local and corporate management that focus specifically on customer service. SCHENCK: Asked if Mediacom inherits Triax's problems, and whether Mediacom will address the issues raised at this hearing. GLUCKMAN: Advised that the standards are negotiated between Triax and Mediacom. MOTION BY SCHENCK, SECOND BY PETERSEN, TO CLOSE THE PUBLIC HEARING. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. 071999.DOC 3 Council Meeting Minutes July 19. 1999 MOTION BY MADER, SECOND BY KEDROWSKI, TO DEFER ACTION TO AN AUGUST MEETING. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. OLD BUSINESS: Consider Approval of Resolution 99-69 Authorizing the Award of Bids and Execution of City's Standard Contract for the Purchase and Installation of Millwork for the Library/Resource Center. BOYLES: Reviewed the item in connection with the staff report. Advised the Council of the alternatives researched by staff per Council direction in order to reduce costs, and the recommendation by staff. MOTION BY SCHENCK, SECOND BY WUELLNER TO APPROVE RESOLUTION 99-69 AUTHORIZING THE AWARD OF BIDS AND EXECUTION OF CITY'S STANDARD CONTRACT FOR THE PURCHASE AND INSTALLATION OF MILLWORK FOR THE LIBRARY/RESOURCE CENTER. WUELLNER: Asked that if the Architect negotiated a reduction, why is that reflected in the contract and not reflected in the resolution, and does that mean Fulco can come up with a change order up to the $91,900 without Council approval? BOYLES: Explained that the amount of the low bid was $91,900, but that after contract execution, the purchase will be in the amount of $86,000 to meet library needs. MADER: Further clarified that Fulco could submit a change order up to $91,900, but also that the resolution calls for authority for the City Manager and Mayor to finalize a contract and implies that the contract can be further negotiated. If it was determined by City staff and the Mayor that the contract was not in the best interest of the City, the City would not be obligated to enter into the agreement and the matter would come back before the Council at that point. fACE: Added that the matter was competitively bid and the amount awarded to Fulco will be at $91,900. Once the award is approved by the Council, the City can work on change orders to add or delete. It would be inappropriate to take that action at this time. MADER: Commented that with this action, the Council will be adding approximately $55,000 to the cost of the construction of the Library in addition to some previous overruns. Asked for additional explanation as to why the budget allocation is short. Also asked if the fault lies with the Architect. BOYLES: Advised that the Architect was under the impression from previous experience that the acquisition costs for the millwork would be shared between the City and the County. However, that was not the case. The decision then became whether to delete the overrun items, or find a way to fund them. At a work session among the City Council, it was determined that to provide a $2.5 million dollar project with used supplies was inappropriate even though the City is not delighted with the increased costs. Also noted that it is the City's impression that the fault lies with the Architect, and that the intent is to pursue the matter with the Architect. However, from a timing standpoint, it is very difficult to hold the project in abeyance until the outcome of such action. 071999.DOC 4 Council Meeting Minutes July 19. 1999 MADER: Agreed that the project should not be put on hold pending resolution with the Architect, but further stated that when this Architect was selected, he was the second highest bidder by approximately $50,000. Encouraged the City Manager and City Attorney to pursue any possible remedies from the Architect. Also asked if the City has applied for the sales tax credit on the purchase of Library materials, and whether it was an exemption or rebate. BOYLES: Believed the tax exemption was on a case-by-case basis. HOKENESS: The tax credit was part of the bid package. The bidders knew when they bid the Library that they would not be paying state sales tax and that was reflected in their bid amounts. The supplier has not paid any sales tax for any of the construction materials. J' d' , {ACnl1,tA I;,,\i I MADER: Questioned if that was accurate because the $2.5 million budge for the Library was f S lfrJ approved prior to addressing the issue of tax exemption. Also that the only way the City could qualify for the tax exemption was if certain items were held out from the main contract and bid and awarded them separately. HOKENESS: Said he would verify his answer through the Architect and the specifications. ~: Clarified that when the Department of Revenue advised the City how to take advantage of the tax exemption, it was clear that the bid documents had to be written in such a way as to break out labor and materials on certain items. The Architect prepared the bid specifications so that the contractor would not pay sales tax on construction materials, nor would he bid it that way. MADER: Noted that then the $2.5 million project before tax exemption, remained $2.5 million with the sales tax credit. fACE: Advised that that is the part staff still needs to clarify. The sales tax exemption has been taken advantage of by the contractor through the use of a special sales tax exemption for the purchase of the construction materials. MADER: Commented that the contractors bid was an estimate with specific estimated material numbers. If those are only estimates, and the only way the contractor qualifies for the tax exemption is upon purchase of the materials, then the actual tax exemption may be different that what was reflected in the bid. If the Architect built the savings into the overall budget, then the project costs were elevated above $2.5 million pre-tax dollars. Asked the staff to bring a report on the subject back to the Council for clarification. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. NEW BUSINESS: Consider Approval of Resolutions 99-71 and 99-70 Accepting Bids and Awarding Contract for Candy Cove/Lakeside Manor Improvements (City Project 99-11) and Lift Station Renovations (City Project 99-02). 071999.00C 5 Council Meeting Minutes July 19. 1999 MOTION BY SCHENCK, SECOND BY KEDROWSKI TO APPROVE RESOLUTION 99-70 ACCEPTING BIDS AND AWARDING CONTRACT FOR LIFT STATION RENOVATIONS (CITY PROJECT 99-02). BOYLES: Reviewed the item in connection with the staff report and advised the Council of the improvements proposed for each of the two projects. Also noted that the lift stations were bid separately from the Candy Cove/Lakeside improvement project specifically because initial bids were substantially more than expected with respect to the lift stations. Staff's opinion was that the City could get better numbers if the project was re-bid. MADER: Asked if the earlier bid that was rejected which was approximately $150,000 itemized the lift station renovations, and if the new bid was approximately $117,OOO? J..LKKA: Confirmed. The difference is that the earlier bid was for one project. This bid is for two separate projects. WUELLNER: Asked if staff is comfortable with this bidder given the broad range of the bids submitted. ILKKA: The staff is comfortable that Braun is a responsible bidder. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. MOTION BY SCHENCK, SECOND BY KEDROWSKI TO APPROVE RESOLUTION 99-71 ACCEPTING BIDS AND AWARDING CONTRACT FOR CANDY COVE/LAKESIDE MANOR IMPROVEMENTS (CITY PROJECT 99-11) TO NORTHWEST ASPHALT, INC. BOYLES: Reviewed the item in connection with the staff report on the matter and advised that the staff recommendation involves much consideration so that the project most benefits the taxpayer of the City of Prior Lake, the residents in the project area, and the City staff. Discussed the City's responsibility to select the lowest responsible bidder, and the City's experiences with Hentges Company, the apparent low bidder for this project. Noted eleven examples of irresponsible practices by S.M. Hentges & Sons on past Prior Lake projects. He cited reports from previous Hentges projects. J..LKKA: Outlined a number of experiences where S.M. Hentges & Sons acted irresponsibly and below City standard as per the provisions of the standard contract on a 1998 street reconstruction project, including numerous resident complaints regarding dust control, lack of a superintendent on the project, as well as lack of adequate traffic control measures and devices. Cited several written examples and reviewed several documents including a memo regarding a blocked sewage line, change order procedures in general, and an article from the 8/5/95 Star Tribune regarding a marked gas line cut by Hentges for the second time. This information was shared with Hentges at the time of the project and at the Council meeting. BOYLES: Noted the correlation between the 1995 and 1999 Hentges projects where the Prior Lake taxpayers were affected by not only inconvenience, but also higher costs for vehicle repairs, emergency services because of the cut utility lines, and additional staff time for administering contracts and repairs all of which lead staff to recommend Northwest Asphalt, Inc. as the lowest responsible bidder. 071999.DOC 6 Council Meeting Minutes July 19. 1999 KEDROWSKI: Commented that approving street improvement projects is a difficult task that affects a large number of residents at anyone time through assessments and inconvenience. Bad workmanship may be the fault of the contractors, but it reflects badly upon the City who hires them. The Council has a responsibility to the taxpayer to provide responsible contractors. Supported the motion. PETERSEN: Stated that it seems common courtesy. If other contractors can do the responsible little things, sees no reason to use a contractor that doesn't provide responsible workmanship. WUELLNER: Supported the staff recommendation as well. Commented that the number of resident complaints on the 1995 Ridgmont project indicate the City does not have a responsible low bidder in this case. SCHENCK: Commented that a one-time aberration can be excused, but continued irresponsible workmanship as seen in the 1995 and again in the 1999 projects is unacceptable. MADER: Commented on the past procedures with respect to change orders early on for substantial amount that seemed out of proportion for the Duluth Avenue project. Noted the many calls received by him on past irresponsible workmanship where Hentges was the contractor. Also noted several examples of careless workmanship by the contractor. Commented that it is his perception that subcontractors believe business with a government entities provides them an opportunity to bid low enough to get the contract, and then increase the contract with numerous change orders. Commended the engineering staff on their courage and efforts to document the past unacceptable practices by this contractor and bringing it to the Council for consideration. BOB HUBER (Leonard, Street & Dienhard, counsel for S.M. Hentges): Advised that many of the items brought up tonight are new to S.M. Hentges. Asked for a deferral of this agenda item until S.M. Hentges can respond. Commented that complaints from neighbors are a part of all construction projects, and that it has not been determined that the gas lines were appropriately marked. [handed out materials] Noted many positive attributes of the company, and advised that no owner, in 339 projects, has ever claimed that the company is irresponsible. Also noted many references given by surrounding communities. Further stated that there is no question that Hentges is the low bidder, and that Hentges is responsible. The City is required by law to accept the lowest responsible bidder. Discussed past change order procedures and commented that the 1998 project only had 4% in change orders. Again asked for deferral to give Hentges due process to respond to the issues and allegations raised before Hentges is determined an irresponsible contractor. GARY ZAJAC: Advised that Hentges does not intentionally bid low, and then come in with change orders. Further commented that the approved change orders on the Duluth project ($1.25 M) amount to approximately $51,000, half of which were requested by the City due to design. Discussed the change orders requested as part of the 1998 project. Commented that often times contractors have only two weeks to review a job and submit a proposal. The more utilities identified by the plans, the more able the contractor is to understand the project. Hentges is not out to gouge the City, and believes they will do a responsible job on this project. 071999.DOC 7 Council Meeting Minutes July 19. 1999 SCHENCK: Commented that the Council has only considered Prior Lake experience. Noted comments staff received from other cities, notably Dundas, Minnesota, that compare to the experiences in Prior Lake. Cannot see putting our residents through more of the same situation. WUELLNER: The rationale behind the Council's decision is the contractor's record in Prior Lake, and the circumstances involving traffic control, gas lines, and overall public safety are not acceptable. HUBER: Stated that S.M. Hentges was told that there was a report from the Asst. City Engineer recommending rejection of the Hentges bid and the reasoning for doing so. Gas line breaks and utility cuts can happen for a number of reasons that mayor may not have anything to do with contractor fault. This recommendation comes from the City Manager and Asst. City Manager neither of whom are engineers or lawyers who are qualified to make such a determination. We did not assume anything other than the staff recommendation would be addressed in this circumstance. There is a due process right under the constitution. MOTION BY KEDROWSKI, SECOND BY SCHENCK, TO CALL THE QUESTION. Mayor Mader clarified that a motion and second to call the question is not a debatable motion. VOTE ON THE MOTION TO AWARD THE CONTRACT TO NORTHWEST ASPHALT, INC.: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. The Council took a brief recess. MADER: Commented that Mr. Huber suggested that S.M. Hentges was unaware of the complaints discussed by the Council and staff on the last agenda item. In fact, many of the complaints and memos cited by staff were addressed to Hentges themselves. Also reminded the Council that at the beginning of the Duluth project, staff was inundated with change orders and at that point the City Attorney met with S.M. Hentges to attempt to address the change order procedures and come to some resolution. So, the company has been aware of these complaints both verbally and in writing for some time. [The public hearing to consider Triax's request to assign the cable television franchise became the next item on the agenda.] Consider Approval of Resolution 99-XX Authorizing WSB & Associates. Inc. to Prepare a Corridor Study for a Supporting Roadway North of and Parallel to County State Aid Highway (CSAH) 42. MOTION BY KEDROWSKI, SECOND BY PETERSEN TO APPROVE RESOLUTION 99-XX AUTHORIZING WSB & ASSOCIATES, INC. TO PREPARE A CORRIDOR STUDY FOR A SUPPORTING ROADWAY NORTH OF AND PARALLEL TO COUNTY STATE AID HIGHWAY (CSAH) 42. 071999.DOC 8 Council Meeting Minutes July 19. 1999 BOYLES: Reviewed the staff report and recommendations in light of the County Road 42 Corridor Study. MADER: Commented that the Council would be authorizing an expenditure of $4,875 with Savage picking up the same amount. If Shakopee chooses to participate, the costs would be reduced. Asked about the impact the proposed configuration would have on the neighborhood. ILKKA: Confirmed that the costs would be split with Savage, and that the intent of the study is to identify what, if any, configuration is feasible. WUELLNER: Questioned the need for this road at all, when existing County Road 16 would be a more likely alternative. l1.KKA: Clarified that the City is acting in response to the County Road 42 Corridor Study. Connelly Parkway is intended to take pressure off or augment County Road 42, so that in the future CSAH 42 doesn't need to become a six lane roadway. There is no suggestion that the road will be built in the next 5 years. The objective is to do some good planning and identify where on the border the crossing will be located. There was discussion regarding the potential location of the roadway in connection with the City of Savage's transportation plan. SCHENCK: Does not support the recommendation because of the potential affect on the nearby neighborhoods. Any expanded roadway is not possible without considerable affect to the property owners. ILKKA: Clarified that the graphic and study does not necessarily impact the neighborhood to the extent shown on the graphic, but is intended to clarify whether a bypass can be identified, at what configuration, and what would be most cost-effective. KEDROWSKI: Supports the motion, and agrees that there may not be a feasible plan for a bypass in that area, but believes it is necessary to complete the study and let it tells us what is possible for that area. Prudent long-term planning dictates that the City undertake this analysis. MADER: Does not support the motion because of the affect on the nearby property owners. Suggested staff look closely at the area to determine if a roadway is feasible in that area without infringing on those property owners. WUELLNER: Asked if the Metropolitan Council endorsed the County 42 Corridor study and the concept of this bypass road? ILKKA: Clarified that the Met Council participated in the study, but does not know whether they took specific action to endorse the study. In a round-about way, the Met Council endorses the study through its endorsement of the specific planning documents of the affected cities and the County Compo plan. The Met Council may come back to Prior Lake in its review of our Compo Plan and ask us to consider incorporating the Corridor study. WUELLNER: Uncomfortable with approving a plan for a bypass roadway that would have significant impact when an alternative roadway exists. 071999.DOC 9 Council Meeting Minutes July 19. 1999 BOYLES: Advised that part of the rationale behind taking action like this, is to take some planning initiative before property is developed, and to recognize and address some of the concerns Councilmember Wuellner has brought up. VOTE: Ayes by Kedrowski, Nay by Mader, Petersen, Wuellner and Schenck, the motion failed. OTHER BUSINESS: Executive Session Mayor MADER advised that the Council would be retiring to Executive Session to discuss the Burdick litigation. The regular meeting resumed at 10:25pm MOTION BY SCHENCK, SECOND BY KEDROWSKI, TO AUTHORIZE THE MAYOR AND CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT IN CONNECTION WITH THE BURDICK LITIGATION. VOTE: Ayes by Mader, Kedrowski, Petersen, Wuellner and Schenck, the motion carried. ANNOUNCEMENTS I CORRESPONDENCE: A motion to adjourn was made, seconded and accepted. City Manager at 10:26 pm. 071999.DOC 10 ---- . ~.'fJ" -