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9/18/2006 - City Council - Regular - MinutesCITY OF SPRING PARK SPRING PARK, MINNESOTA MINUTES COUNCIL MEETING SEPTEMBER 18, 2006 7:30 P.M. — CITY HALL 1. CALL TO ORDER Mayor Rockvam called the meeting to order at 7:30 p.m. 2. ROLL CALL Hughes, Reinhardt, Williamson, Widmer and Rockvam were present. Staff present: Administrator Friesen, Utility Superintendent Goman, Office Assistant Lewin; Ken Adolf, Engineer, Tom Seifert, and Planning Commissioner Mason. 3. ADOPT AGENDA There was a requested change to the agenda to move item 10f, Shoreline Place Homeowners Association, to the public forum part of the meeting. Motion by Williamson and seconded by Reinhardt to adopt the agenda. All votes were aye. Motion declared carried. 4. APPROVAL OF MINUTES a) Council Meeting Minutes — September 5, 2006 Motion by Williamson and seconded by Reinhardt to adopt the September 5, 2006 minutes with the noted change to 10. d) New Business and Communications. Williamson wanted it noted that he said "...the budget has been increased due to meetings being streamed on the Internet." b) Special Council Meeting Minutes — September 11, 2006 (morning) Motion by Reinhardt and seconded by Widmer to adopt the special minutes dated September 11, 2006, (morning). Reinhardt requested the last line under the heading Capital Improvement Plan Review be stricken as she doesn't recall the draft plan being reviewed. All votes were aye. Motion declared carried. c) Special Council Meeting Minutes — September 11, 2006 (evening) Motion by Reinhardt and seconded by Widmer to adopt the special minutes dated September 11, 2006, (evening). All votes were aye. Motion declared carried. PUBLIC FORUM Mayor Rockvam introduced the Council and Staff to the viewing public. It's been requested that item 10f on the agenda be moved to this part of the meeting. Rockvam said he received a letter and e-mail from Shoreline Place homeowners regarding concerns with lighting and the glare cast. Rockvam said he spoke with Goman and he said the shields are built into the light and there is an agreement to put in a half moon and to drop it down. Goman said it has to be delivered from the factory and the delivery date is uncertain. Widmer asked if the light can be shut off and Goman said yes. The bulb can be removed. Goman said the project is not finished yet. Rockvam wanted to know how long it will take to get the shields and Goman said by week's end. Hughes asked about the rental lift truck. Rockvam asked about the sidewalk and Goman said when the concrete is done on Del Otero it will be replaced. Rockvam said another issue was sod that wasn't watered and it's dying. They want some trees and bushes put in around the Council Minutes — 9/18/06 1 transformer and, at the back of the transformer it needs to be dug down. Goman said it's all part of the restoration. He said Xcel Energy is aware of it. Rockvam said there were two other items, one for permission to put a variegated dogwood bush and they want to be certain it won't be in the City's way. Goman said as long as they're behind the street lights and close to the fence. Rockvam said what about the two trees they are asking for, some type of a globe tree. Goman said, as previously discussed, as long as it doesn't interfere with the illumination of the street lights. Rockvam said one tree was removed because it was on City property. They are wondering if there is something that can be put in to fill in the void. Goman said there will be some sort of landscaping. Shoreline Place homeowner said the light was moved so they assumed the tree would stay. Instead the tree was removed. Homeowner asked why the tree couldn't have been trimmed instead of removed. Goman said the tree was leaning. Rockvam said Storlie has a desire to have some green space in that area. Goman said the entire corner would be incorporated into a landscape design. The retaining wall needs to be brought up. Rockvam said the other thing is they want to be kept informed. Goman said the Council has been reassured that there have been decisions made in the field but as best as could be done, they've been kept informed. The fact is, it's the road right-of-way. Goman apologizes and said he thought they were informing them. Homeowner said e-mail addresses were supplied and there hasn't been any communication. They were surprised by the six street lights when they didn't have any. Homeowner said they'll try the shields but they have a big problem with all of these lights. Goman said there's been numerous on -site meetings and numerous phone calls and e-mails. He said there's only so much that can be done without shutting the project down. Other homeowner said she thinks it would be nice if from the beginning there could be input. She said before they order shields for the lights they should just try one. Rockvam said there are only three. Reinhardt added that Shoreline Place is looking great with the new siding. Homeowner said it took two and a half years because of a class action lawsuit with Masonite. Other homeowner said they have an excellent contractor and there are some window problems but it will be complete soon. PETITIONS, REQUESTS & APPLICATIONS a) Planning Commission Minutes (unapproved) — September 13, 2006 1. Variance Application -Graham Neve, 2401 Black Lake Road 2. Survey/drawing submitted with variance application 3. Survey/drawings submitted at Public Hearing, 9-13-06 4. Survey/drawings revised for Council meeting, 9-18-06 5. NAC memo for 9-13-06 public hearing 6. NAC memo for revised drawings 7. Staff memo Rockvam said there was an original application then an amendment and now a new one. Rockvam said it should be spelled out, appropriate documents submitted and there should have been a to -scale drawing request. Rockvam said now there are two applications, one for the deck and one for a smaller garage. Rockvam said the Planning Commission made a recommendation on the garage that it be denied. Reinhardt said the plan the Planning Commission saw is different. Reinhardt said it's not known what the Planning Commission recommendation would be on the new plan. Rockvam said the deck has changed too. It originally wasn't extending on the west side and now it extends on the west side. Rockvam wondered where we're going with this. He asked which one is being considered, the Planning Commission, the modified one or the new one tonight. Friesen said there was an extension of the 60 days and the option could be to go back to the original, allowing them to read the planner's new report. Williamson said those were the thoughts he has had reading through the adjustments and revisions. Williamson said the applicant should design it and make an offering. Williamson said what's before the Council now is very different. Williamson makes a motion and Reinhardt seconds that the variance (garage) application be returned to the Planning Commission for a new analysis. Council Minutes — 9/18/06 2 Rockvam said Neve better come up with a reason for the hardship. Rockvam said so far all he's heard is financial. Rockvam said the hardship was created by the owners and it can't be financial. Rockvam said there was a choice made to expand in the first place and they decided they wanted more living space. Neve said he has the hardship worked out regarding special conditions including the water and existing topographical site due to narrowness, etc. Rockvam thinks the best recommendation is for it to go back to the Planning Commission. Rockvam said there were inaccuracies on the part of the planner. Hughes thinks he would like Brixius to review this rather than Holein. Reinhardt also said with something this complicated the planner should be at the next Planning Commission meeting. Reinhardt said she has some problems with the language because it's difficult to understand. Reinhardt was disappointed that the planner didn't require more information in the first place and the 60 days should have been more than enough. Neve said he thought NAC's recommendation was very confusing and didn't tie together. Neve asked about the 60 day deadline. Rockvam said once the application has been received the City has 60 days to act on it. Friesen said the letter sent requesting another 60 days was sent on Friday. Williamson asked if it's unilateral and Friesen said Neve did not have to sign off. Williamson wondered if that process is sufficient. Siefert said that's what's been used in the past. All votes aye, motion carries. Rockvam asked if we should look at the deck. Seifert wanted to say the hardship means there has to be no known practical use for the property. In other words there's nothing that can be done with it. He said the language refers to the physical attributes of the lot and they are so unique and you would need a variance. Rockvam said that's one of the reasons why these things go to the planner. Hughes thinks the deck ties together with the garage and they should go as one. Neve said they don't have to; they could be separate or together. Williamson makes a motion and Hughes seconds that this variance (deck) request be returned to the PC for a new analysis. Rockvam said the house really looks nice but Rockvam wondered if there ever was a certificate of occupancy issued especially with the patio door that leads to a 10 foot drop. All votes ayes, motion carries. Rockvam said to notify Neve when the next Planning Commision meeting is and it should be republished and Hughes said the application should be revised with clear out dimensions. b) Construction Update Lakeview Lofts 1. Lakeview Lofts landscaping plans (Resolution 06-28 see item 6a below) Rockvam said he doesn't know that they've ever seen a landscape plan. Seifert said Frostad presented a plan in 2005 but it wasn't approved because of language about the city being responsible for the cost of the globe trees, instead he did some things and then gave an as -built plan. Rockvam asked Seifert if he was satisfied. Seifert said with the two exceptions, the planters and the reference to the escrows. Seifert wants something in writing so if they're talking to the County they have something to document. Rockvam wanted to know how the gutters should be addressed. Williamson said this is specific to landscape and the gutters are on a separate punchlist. Williamson makes a motion and Hughes seconds it to adopt Resolution 06-28. All votes ayes, motion carries. 2. Lakeview Lofts punch list Goman said 13 out of 28 have been completed. Most of the 13 left are utility items such as manholes, water gait valves and one item is the down spout, the gutters. He said as of this afternoon there's been nothing more done on the punchlist. Rockvam asked how many are left and Goman said 15. Seifert said the approval of the resolution does satisfy one of the items. Rockvam asked what will make this complete and Goman said for Frostad to return as he's currently out of the country. Rockvam said the escrow accounts are going to expire. Williamson said the escrows have been extended to December 22nd of this year so for now, we're okay. Seifert said it's always difficult because a letter of credit only secures municipal improvements and that's what is extended to December. The other is the color escrow and that has been extended. The final is the landscape plan and he's not sure exactly where that one stands. He thought it was resolved regarding the planters. Hughes said he and Williamson met with Frostad. He said the purpose was to approve the concept and the plan. Williamson said the escrow shouldn't go away until the planters are in place. Seifert said yes but he thinks it does expire. Williamson said we should take some action. Seifert said it's a condition of the approval. Williamson wondered what is the security if he fails. Seifert said he would think Frostad wouldn't want another default in the development agreement. Rockvam asked Seifert if he was sure about the security. Rockvam said he thinks the TIF should seriously be considered about being pulled. Frostad has left town and he doesn't seem to be too worried. Rockvam said granted the project has gone pretty well except for the color. Council Minutes — 9/18/06 3 He wants to get it settled. Williamson said it would be more in the territory of revocation. Seifert said it shouldn't be a revocation but it could be suspended. Frostad can't get the TIF. Not until he completes all municipal improvements. 3. Lakeviw Lofts Arbitration — memo from Attorney Vanderweide Seifert said both the application of the arbitration agreement and Frostad's issues are going to be argued on Wednesday. There was a telephone conference with Frostad's lawyer and the arbitrator last week. It was suggested there be one hearing and hold everything at that meeting. Whether it's arbitratable and if the colors are wrong, collapse it all into one meeting. Hughes concern is a hidden agenda and there could be a deadline that Frostad could get past. Seifert said the agenda may be that Frostad was going to be out of town. Williamson asked if Seifert or Vanderweide will keep the Council updated and informed. Rockvam said it would have been nice to have an answer to whether it's going to be arbitrated. Seifert said the sense from the arbitrator is that they want to get this done. Reinhardt said she hopes the arbitrator knows Frostad went hunting and is concerned that another hunting trip might happen when the next step is coming forth. c) Construction Update Minnetonka Mist Rockvam asked if they were coming in tonight. Friesen said she assumed he was coming because of the every other meeting basis but Ridgeway said he didn't know there was a meeting. Rockvam said he would be interested in knowing where they're at with the finalizing of the landscape plans and the tying in of Sunset Drive. Hughes wondered if there is going to be a permanent sign going in instead of the temporary signs that are displayed now. Goman said there is a new sales team on board and there will be different signs. Hughes said his immediate issue for moving the temporary sign away from the roadway has been solved. Goman said they are holding off on the sidewalk. The sidewalk will be poured hopefully early next week on the east side of the road. Rockvam said once the sidewalk is cured they can finish their landscaping and Goman said they only need to come in one more time to finish the landscaping. Rockvam asked if the pavers affect whether they can finish the landscaping and Goman said no. The landscaping can be done. Landscaping on the north side is completed and they are waiting for some of the construction materials to be removed. Rockvam wondered about certificates of occupancy on the south building. Goman said the life safety inspection was last week and they're planning for the week of the 22°d. Rockvam asked about the request to take a tour of both the south and north buildings. Rockvam asked how many units have been converted and Goman thought there have been six conversions. He said they're working through the details with the new owners. Goman said the total number converted could be ten so it could be reduced from 120 to 110 units. Goman said some things being requested have a long lead time. Reinhardt asked if staff has come in to talk about a pool. Goman said no. Rockvam asked if they're going to come in for the next meeting and Friesen said yes. Hughes wondered who's going to watch for the occupancy permit. Goman said he'll follow the same procedure as Lakeview Lofts. Rockvam is concerned because there was an issue with the lower floor on the Lakeview Lofts. Rockvam said they want a tour so they can be satisfied before people start moving in. Hughes said the next meeting is October 2nd. Seifert said one of the problems with Lakeview was landscaping and it was in December and it couldn't be completed. Seifert said there was a long list of things on Lakeview. Rockvam asked about the final coat of asphalt before move in. Goman said it goes back and forth. First they're going to do it and then they're going to wait until spring. Goman said if it doesn't go in, there are certain things that have to be done. Goman said Hardrives is starting this week on Del Otero down by Shoreline Place. Rockvam is concerned about a paved surface and an unpaved surface if the Mist decides not to finish asphalt. Hughes wondered how parking will be marked. Goman said there are about three of them that will be unmarked. He said there is a buffer to the curb and he understands it will all be plowed by the City. Goman said it's the little things. Rockvam said if there isn't any identification it won't make any difference. Williamson said some are marked for private use and people assume it's all reserved. He thinks it should be designated what is not private. Rockvam asked about the asphalt at Storlie's. Goman said it's been sent to JE Dunn and they're working on it. Goman said the intention is to have it done this fall. Rockvam asked Goman if he thinks it will happen and Goman said he doubts it. Rockvam said this comes under whether it's complete or not. Rockvam said these are issues and they should be complete otherwise we are sitting again like we are with Lakeview Lofts. Goman said he and Patton issued a punchlist that Ridgeway requested in order to get ahead of things Council Minutes — 9/18/06 4 coming. Rockvam said the quickest way to get items done is to say before anyone moves in, these are the things we want done. Rockvam said there's about a month to six weeks left to get these things done. 6. ORDINANCES & RESOLUTIONS a) Resolution 06-28 — Approving As Built Lakeview Lofts Landscape Plan b) Resolution 06-27 — Approving New Water Rates Reinhardt moves to approve and Widmer seconds. Rockvam said he would vote for it because it's a step in the right direction but Rockvam thinks the City should be looking for double the amount. Williamson asked the mayor if he's going to vote for it or against it. Rockvam asked for a caveat that this be reviewed in a year because the small increase isn't going to take care of it. Rockvam said there will be a deficit of $70,000, Reinhardt amends the Further resolve clause wording to the effect that rates will be reviewed again before the fourth quarter of 2007. Widmer agrees to the amendment. Williamson would like to receive monthly expenditures and revenue so they can look and compare. Hughes said he's always been promoting the concept of raising the rates a little each year rather than waiting a long time and raising them a lot. Hughes said the apartments and Presbyterian Homes should be notified ahead of time. Rockvam said that's why we're doing this now so they know there will be a rate increase. Williamson said the third quarter utility bills will be going out and there will be a notice about fourth quarter rates going up. Reinhardt asked if it will be a separate notice. Hughes suggested a separate notice go out. All in favor, motion carries. 1. Memo from Gary Groen 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor 1. Administrative Committee minutes — 9/13/06 Widmer asked if there was going to be some pressure washing done to city hall before the election. Goman said it's on his to-do list for this week. Rockvam said he has concerns about Black Lake Road. One is the drainage on the one side that goes into the lake. Rockvam said personally he'd like the certificate of occupancy held up because there is sand and silt that has washed in there. Rockvam said the silt fence is down and a couple of bales of hay could be added to stop it. Goman said the Watershed sent them a notice. Rockvam said on the long range, on the proposed capital improvement, the drain should have a sump put in there so it can be cleaned out. Rockvam wondered who pays for that. Goman said the City is paying for it. Rockvam said the new house, the way it looks now, any of the water coming off the roof, it's all going to run onto the neighbor's property. Rockvam wondered who's responsibility it is to look at runoff. Friesen said the drainage plan was reviewed by Schoell and Madson. Adolf said he doesn't have a copy but a typically there is a drainage swale to accept and divert the runoff. From there it would be diverted to the catch basin. Rockvam referred to the neighbor dispute currently ongoing at Del Otero. Rockvam said this could potentially create the same problems. Rockvam wondered if both developments received copies of the letter from Jim Grube. Goman said yes. Rockvam suggested this be added. Rockvam wondered how we handle this with Lakeview Lofts. How are they going to participate in some of the upgrade with Sunset. Goman said they're participating to the center line. Seifert said he doesn't know that we can add municipal improvements. Williamson said the concern has to do with paving and grading, repair and restoration or the equivalent. Williamson thought Adolf would have numbers. Seifert said he hasn't seen anything. Hughes asked about the $10,000 that's been put on hold and as to who is paying for movement of the water main. Rockvam said the City's share was down to about $5500. Seifert thinks it will be an issue as we go forward. Rockvam thinks with the Mist we can negotiate but with Lakeview Lofts, the concern is the part where they've agreed to pay ends. We're just talking about the pavement. Rockvam wondered what happens. Seifert said he still owns the building. Rockvam said not according to what he has seen. Williamson asked if there have been some homestead filers. Rockvam said if there are problems with sales, there could be such a thing that it might have to be reappraised. He said the Council Minutes — 9/18/06 market isn't good and the investors are questioning their investment. Rockvam wondered if the Mist is going to participate, how can Lakeview participate. Seifert said Hennepin County is making a claim for damaging the streets so Hennepin County probably has their own means of collecting. Adolf said it's to Sunset Drive and if the City wasn't doing the improvements crossing the railroad then Hennepin County would require improvements to bring it back to the condition it needs to be. Whatever that amount is, that should be the amount that both developers would be liable for. Adolf said it could be enforced under the escrow on public improvements. Williamson said we should have them as soon as possible. Seifert said there's a letter of credit for municipal improvements. Rockvam said the City authorized that repair, sidewalks, curb and gutter and the road surface. Seifert said there's complex tradeoff being done between the City, Hennepin County, Lakeview Lofts and the Mist. Williamson said that's the milling. Seifert said he thinks that agreement should be set out specifically. Rockvam said there's going to be a substantial grade on Northern Avenue so, when they're done, they're going to submit a bill and Rockvam is wondering if there will be some participation as to who is going to pay what. Williamson said we've discussed this before, now and later and there should be some numbers and calculations. Adolf said he will put those together. b) Council — Hughes, Reinhardt, Williamson, Widmer Hughes said he drove by the railroad underpass tonight and noticed that on the cross braces it appears that is where the timbers are cut. He said on both sides you can see the joint on the supports. He was unable to see the inside timbers and there were no splices visible. Rockvam asked if they were new cuts and Hughes said no. Hughes said it looks as though if the middle support was removed, it could collapse. Williamson said the SRF is part of the Three Rivers and has done some engineering and has had professionals look at the needs for structural soundness and user safety. Reinhardt said SRF did not have an engineer move the center piling and they weren't going to pursue it. It was going to be between the City and the Rail Authority. Williamson wondered what would have happened. Reinhardt said minor modifications, some bituminous, some railings would be done but they believed the bridge was structurally sound as is. Hughes said he's not an engineer but there might be problems if the center is cut out. Friesen said we could find out what's supposed to be done. Hughes said maybe Goman should check it out with the bucket lift. Reinhardt asked if there's been a response from Hennepin County yet on the resolution. Friesen said no. Hughes said the mayor commented about what's going into the lake with the Black Lake Road property. He wondered if there should be any action taken on that. Rockvam said before there is a certificate of occupancy there should be something about removing the mud and silt. 1. Reinhardt -Trail Task Force update Reinhardt said she thinks we need to keep on NAC to make sure they are moving forward and meetings should be set up. There was a bid acceptance for October. Reinhardt said it would be nice to get an update and a time table. Reinhardt said the Planning Commission has approved a sign on the Yanik property. Reinhardt said they typically only approve one pylon sign and now there will be three. She is concerned a sign has been approved that might have been illegal. Rockvam said the owner should provide a pylon and all the signs can go on the pylon. Rockvam said we should review it and if the intent isn't being followed they should be notified. Hughes said the owner of the building was very pro keeping things nice and Hughes thinks staff should approach him with the ordinance and maybe he should have one area of signs. Hughes thinks it could be accomplished by showing the ordinance and asking for him to do so. Reinhardt asked about an application checklist from NAC. Friesen said Lewin has put together a check list for in-house. Williamson has asked for a copy of the check list and he would like to see a copy in case something should be added. Friesen said the application itself spells out what is needed. Reinhardt said the variance application has a list but those things on the latest variance request weren't provided. Rockvam said it looks as though there were a whole series of errors before it went to the planner and the planner didn't catch the errors and now the applicant doesn't have the proper documents. Rockvam said everything needs to be in order and people pleasing should be secondary. Reinhardt said the 60 day rule is confining. Reinhardt said we have a time table to respond to the applicant if the application is incomplete. Rockvam said Northwest has Council Minutes — 9/18/06 been hired to help. Staff can get the application together and then once it goes to NAC it should go to the Planning Commission and make sense. Williamson said even the best experts can only do so much with what they're given. It's only as good as to what's put into it. Reinhardt mentioned that at Kings Road and Warren Avenue there are rocks. Reinhardt asked about snow plowing concerns. Goman said it's the owner's property. Reinhardt asked how we put rocks on his property. Goman said it was done through an easement and to prevent people from running over the corner of his property. Widmer said maybe that's what needs to be done on Sunset so the plowed snow doesn't get pushed into the park. Reinhardt commented on the new sign at Minnetonka Drive In and wondered if they got a sign permit. Widmer suggested everyone should go to the waffle breakfast this coming Sunday and it's a benefit for the Orono Police Dept for the crime coalition. Rockvam wondered why if we pay them a half a million dollars why they need a pancake breakfast. Rockvam asked about landscaping on Lift 6. Goman said he hasn't done anything more with it. Goman said we can try and get some plantings in there this year. He said Hennepin County Public Works reviewed the plan. They will not allow the globe trees and the fence between the road right of way because of visibility looking west. Rockvam asked how high can the trees be and can a hedge be put in there. Goman said it can't obstruct vision. He said maybe an arborvitae hedge would work. Rockvam said a brick face on the lift station should be considered. Williamson wondered if there was a neighborhood advisory committee weighing in on what they would like. He suggested maybe doing a mailing stating we're interested in their advice and thoughts about what they want. Goman said since the project has been completed he's only heard from one resident about a complaint. He said he's had numerous complaints about the carwash in regards to the height and the pond. Williamson asked if there was a petition from down there and no one really knew of one, Rockvam said if we send a survey to neighbors it takes up time. Williamson said Rockvam keeps talking brick and wonders if the neighbors have any opinion about it. Goman said there was a design for brick exterior and vines. When the building was downgraded, the vines were eliminated because of ventilation, the hedge will eventually grow. He said the proposed planters on either side of the door, made of exposed aggregate, were eliminated. Rockvam said whatever's done will be an improvement. Rockvam said we don't need any more meetings. Maybe this can be something that is talked about over the winter. It is suggested the planning commission have something to say about this. c) Engineer 1. Sunset Drive Improvement Project i. Project update Adolf said Goman verbally presented on the schedule already tonight. Williamson said the only issue he has is the retention pond on Northern Avenue. It is lined with rip rap and is quite deep and steep and close to the roadway and there should be a barricade or guardrail or some solution that protects someone from going down in the rip rap. Adolf said he got a request today and he was going to discuss this with Goman and Friesen. d) Utility Superintendent 1. Pictometry Goman said there is a proposal from Hennepin County on pictometry. It's on their Hennepin County property search. He said presently there is an image of a parcel that is taken straight overhead. With Pictometry it is a 3-d image of the same property. Hennepin County will be putting it on their web site this fall. He said each city has the option of purchasing this. Goman said we currently use the overhead images as a whole. Goman said he and Friesen have attended some meetings with Hennepin County and he feels it will definitely assist with water and sewer. He used it for Neve's property for shoreline issues. Rockvam asked if it was $500 a year. Williamson makes a motion and Hughes seconds that we approve participating in the Hennepin County Pictometry proposal. Rockvam said be wants it as a line item on the 2007 budget. Hughes asked if we would have to upgrade the computers and Banyon as well in order to Council Minutes — 9/18/06 7 have the system requirements. Goman said we have the system requirements now and Friesen will be meeting this week regarding the Banyon software. All in favor, all ayes. Motion carries. e) Administrator 1. Upcoming Meetings i. Police Commission -September 26 (date change) Stephanie Good can't attend tomorrow so it's changed to September 261h ii. Volunteer Appreciation -September 28 2. Upcoming Training i. Land Use Planning Workshop -Mound -Oct. 14, 2006 (list of attendees in PC minutes) Friesen said Planning commissioners are going and any council members may attend. Williamson asked what is the time limit. Williamson said he won't know his calendar until the end of September. ii. AWWA Teleconference —St. Paul -November 2, 2006 (DJ) 3. Miscellaneous i. Fundraiser breakfast for Orono PD-September 24, 2006 ii. Primary Election recap. Friesen said there were 79 voters, two of which were absentee. Friesen wanted to publicly thank the judges for their help in administering the election. Rockvam asked about the next moratorium meeting. He said this is going into October and he thought there was a good plan in place for meeting but Brixius now can't make Mondays or Tuesdays. Hughes said he believes the planner should be able to identify a day or two a month he can be here. Rockvam said he doesn't think we're asking too much of him to make one meeting a month and things have been going so well. Rockvam said maybe it could be held on October 30th. Williamson said there's another problem and when these long stretches go on it is necessary to re -read and re -discuss items that have been already gone over. S. CLAIMS FOR PAYMENT Friesen said there was an additional claims for payment to be added. Sarah Reinhardt makes a motion and Hughes seconds for payment of claims with the additional claim for payment for expenses for Wendy Lewin payment. Widmer asked Friesen if she knew there was another $100 that goes with the notary application and Friesen said yes. All votes were aye. Motion declared carried. 9. UNFINISHED BUSINESS a) HCRRA permit — Sunset Drive basin Friesen said Nancy has sent the revisions and we haven't heard anything back yet. This is for the approval to put it on the property. 10. NEW BUSINESS & COMMUNICATIONS a ) Moratorium -Architectural Standards -Memo from Attorney Beck Williamson said the memo from Nancy having to do with building exteriors is short and to the point and does exactly what it's supposed to do. Rockvam is concerned that beauty is in the eye of the beholder. Williamson suggested it be sent to Brixius. Reinhardt said it should be discussed at the next moratorium. Rockvam said it's important to have the fact that it blends with neighboring properties. b) Head, Seifert & Vander Weide — Status Report Lakeview Lofts c) Head, Seifert & Vander Weide — Status Report Mist Lofts d) Head, Seifert & Vander Weide — Status Report Island Harbor e) Mound Fire Department Activity Report — August 2006 Hughes said regarding the number of calls to Presbyterian Homes for false trips we should request Chief Pederson provide a multiple year report. Hughes said at some point depending upon the number of calls, there needs to be a charge. Williamson said he only sees one false trip. Hughes said the point being, there are x number of free responses and after that there is a charge. Widmer noted that this is an eight month comparison. Hughes said in comparison to the amount of calls that go there, he thinks this should be reviewed. Council Minutes — 9/18/06 8 f) Letter — Shoreline Place Homeowners Association Previously discussed. g) Letter — Thank you from Gillespie Center Reinhardt said she is confused. Widmer said the thank you is for the money just sent a couple of months ago. Williamson said this thank you is for money sent to Senior Community Services and they use the money back in the community. 11. MISCELLANEOUS Doane Baber is leaving. This is his last meeting. Council said Baber has done a very good job with his filming and they're sorry to see him go but wish him luck. 12. ADJOURNMENT Motion made by Williamson and seconded by Reinhardt to adjourn at 9:41 p.m. All votes were aye. Motion declared carried. Sarah Friesen Administrator/Clerk/Treasurer Wendy Lewin Office Assistant Council Minutes — 9/18/06