Loading...
9/5/2006 - City Council - Regular - Minutes Oct - 20 . 2006 3 : 20PM No , 5444 P . 4 CITY OF SPRING PARK SPRING PARK,MINNESOTA MINUTES • COUNCIL MEETING SEPTEMB R S,2006 7:30 P.M.—CITY HALL 1. CALL TO ORDER Mayor Rockvam called the meeting to order at 7:33 p.m. 2. ROLL CALL, iluglies, Reinhardt, Widmer, Williamson, Rockvam were present. Staff present, Administrator Friesen, Office Assistant Lewin, Engineer Adolf,Attorneys Beek and Vander Wcide,Planning Commissioner Mason 3. ADOPT AGENDA Motion by Williamson and seconded by Widmer to adopt the agenda. Reinhardt asked if Gillespie is being moved up. Williarson suggest when they arrive they get put ahead. Motion amended by'Williamson and seconded by Widmer. All votes were aye. Motion declared carried. 4. APPROVAL OF MINUTES a) Council Meeting Minutes—August 21, 2006 Motion by Widmer and seconded by Reinhardt to approve the Minutes of August 21,2006. All votes were aye. Motion declared carried b) Special Council Meeting Minutes —August 29, 2006 Motion by Hughes and seconded by Reinhardt to approve the Minutes of August 29,2006, All votes were • aye. Motion declared carried c) Moratorium Workshop Minutes—August 29, 2006 Motion by Williamson and seconded by Widmer to approve the Minutes of August 29, 2006. All votes were aye. Motion declared carried d) Special Council Meeting Minutes—August 21,2006 Motion by Reinhardt and seconded by Hughes to approve the Minutes of August 21,2006. All votes were aye. Motion declared carried M BLIC FORUM Mayor Rockvam introduced the Council and Staff to the viewing public. 5. PETITIONS, l0''Q0I STS & AI'i"I,ICATIONS a) Construction Update Lakeview Lofts 1. Lakeview Lofts landscaping plans Williamson suggested a recess to discuss pending litigation strategy. Hughes moves and Widmer seconds to recess to an executive session with attorney to discuss legal strategy for Lakeview Lofts arbitration. (Reinhardt noted the Gillespie Center members were coming up the walk). Hughes withdraws the motion and Widmer withdraws her second to adjourn to executive session. Gillespie Center: Board members to address Council regarding request for funding. Skip Johnson, Roger Reed, Ben Withhart and Donna Smith. • Council Meeting Minutes—September 5,2006 1 Oct • 20 . 2006 3 : 21PM No - 5444 P . 5 Donna Smith, a former teacher of Mound Wesktonka Schools,now retired for 10 years addressed the Counci 1. Smith said she was here tonight to provide information. She said currently there are 811 members and they are actively pursuing a larger membership however membership is not required to participate in activities. Many services arc provided such as a monthly newsletter, lunches and day trips_ There are daily bakery sales and a gift • shop. Smith said former students of hers have chosen to raise their children in this community. Baby Boomers will increase the need for the center. Smith said seven years ago land was purchased on Commerce Blvd and a building was built. Westonka businesses, federal block grants and private donations were part of the funding. Tonight the board members are here to ask for the C.ity's help in the vision for the future;of the Gillespie Center. They want to seize the opportunity to invest in the senior building. They feel it will be a positive impact upon the community. Bcn Withhart, the Executive Director of Senior Community Services speaks to the Council_ ile thanked Spring Park for their past generous support towards senior programs and he is here to ask for help and consideration with their 2007 budget. Withhart said it costs about$125,000 a year for the facility to keep the door open. Currently they are not finding for adequate janiturial services. They spend about$75,000 a year on staffing and programming and it doesn't include the social worker. All total they have about a$200,000 a year operating budget. Cities are the primary financers and owners of senior programs Withhart said. It's a municipal function and they work in partnership with the senior center. Withhart said they arc asking surrounding cities for$30,000 each for the year 2007. He said they are asking other cities in the area for support. They are looking for bridge funding and their hope is it shouldn't he needed longer than ten years. Because of their aggressive fiend-raising right now, the hope is there will be an endowment find and they won't need municipal help in the future. Reinhardt asked about the$30,000 coming from Spring Park and wonders what the board is asking in terms of funding from the other cities. Withhart said they are asking Mound and Minnetrista for$50,000. Widmer asked if' Orono is being asked for a part of this_ Withhart said currently they haven't approached Orono. He said they have funded in the past with support of the Meals on Wheels program and transportation. Rockvam asked why• they're not asking Orono to fund part of this. Withhart said they're concentrating on the communities that are actively involved. Rockvam said he thought Mound hasn't funded since they opened. He thought they only funded in-kind. Withhart said all money from the three communities currently helps pay for the staffing. Withhart said they have other resources for finds, grants and rental facilities. Rockvam said he's an advocate and he's met with both mayors and suggested the way to finance is through a joint powers agreement and then there would bean equal stake. He said it would be easier to contribute with that type of formula and Rockvam said it doesn't seem to get off the ground. He said Meisel, Mayor of Mound, said the Council would support it but it wasn't brought before their Council. Rockvam said the Gillespie Center is in the city of Mound and he thinks it's an obligation and all cities should look at it on an on-going, long-term basis. Skip Johnson said it's a contract for services. In the 2000 agreement it specifically calls out the statutes. He said to get a joint powers is difficult. Rockvam thinks the political climate is favorable. Johnson said they haven't met with Mound yet and Minnetrista will bring it up next week at their budget meeting. Withhart said because of the timing of the 2007 budgets,they are hoping ibr approval of the finds. They don't want to wait for the joint powers because they need it.now. Williamson asked if the request of the Grillespie Center is to help maintain and operate or on behalf of the functions within the building. Williamson said the City of Spring Park has recently adopted a strict conflict of interest and Williamson is employed by Senior Community Services and he would need to step down from this. According to Withhart,the relationship is between the city and the Gillespie Center only. Johnson said the request is to fund operating expenses. He said the goal is to become self-sufficient and the growth of the endowment will then • fund itself. Hughes asked if this was a one time request or if they're looking for$30,000 each year. Johnson said Council Meeting Minutes— September 5,2006 2 Oct - 20 , 2006 3 : 21PM No - 5444 P . 6 they believe in tell years they'll have the endowment built up. Reinhardt said she's wondering how they came up with the calculations. She said Spring Park is small in comparison with Mound and Minnetrista. Williamson said the current service agreements spell out certainties. Ile wants to know what kind of statistical analysis is available as well as the number of people that utilize the services. He said Mound is roughly five times the size of Spring Park. • Williamson said the City wants to participate but believes it should he proportionate. Withhart said the difference between joint powers is it's a not for profit. Engineers and attorneys can be contracted out. It's a little different than a joint powers. Withhart said they could print some numbers and demographics but their concern is the timing and city budgets and setting maximum levies. Withhart said they would like the City to consider the request and maybe they could come up with an allocation of dollars. Rockvarn said we have a high per capita of elderly in I lennepin County. Rockvarn wondered about Minnetonka Beach_ Withhart said Spring Park has a lot of apartment buildings and a lot of those same people use the Gillespie Center. Johnson commented on the demographics and said no one leaves; the population ages because everyone stays. Johnson said they'd welcome a representative of Spring Park to sit on the board of the Gillespie Center. Rockvam asked for time to digest this request. Reinhardt asked what Minnetrista's questions were;and were they receptive. Withhart said Minnetrista told them they would take it under advisement and bring it up at their next week's budget. I le said if we're asking for a. read on what would be decided he has no clue. Widmer asked when they would approach Mound and Withhart said it will be on Thursday. 5. PETITIONS, REQUESTS &APPLICATIONS a) Construction Update Lakeview Lolls 1. Lakeview Lofts landscaping plans 2. Lakeview Lofts punch list Frostad said the last communication he received is a punch list. They believe they've completed the utility review. Frostad said he inspected the landscaping and said there are dead plants but they are minor things. He said lie believes the utility punch list of items are 100%complete. Rockvarn said DJ has the punch list and knows what's going on. Williamson said DJ had a list of 25 and he felt about a dozen had been taken care of but there were • outstanding issues. He said we need correct information. Frostad said it's subject to inspection. Hughes asked about the contrasting numbers on the building, Frostad said he's confused about the contrasting and he wondered who was responsible. Hughes said it is in the fire code to the standard the building was built. Frostad said it's not been brought forward previously and if it's in the code,lie would like it pointed out. Rock-va.m said they met in June and one itetn was the planters. Frostad said there was a desire by the city to put ill a gateway entrance and it was intended as the landscape plan. Frostad said Hennepin County rejected the request about the planters in the right-of-way. Roekvatn said they're talking about setting their back in the site line of the transformers. Frostad said he thought people might not understand the property lines. (Frostad draws on the board how the county property line intersects and continues.) Rockvarn asked if it's by the sidewalk. Frostad said the grass line is in the Hennepin County right-of-way. He said the original discussion was to put the planters in that area. 'There's a tree grate so there isn't any where to put a concrete;planter without blocking the tree. It would block a drive aisle. Frostad said I lennepin County won't let them put the planters anywhere so he doesn't know what to do. Williamson said originally there was an open agreement for some plantings. When they met in June it was agreed it didn't make much sense to put plantings in when salt in the winter would kill it. It was agreed they could pave over. There is still a plaza area where planters could go. Williamson thought everyone seemed to be very clear on this issue. Hughes staid there is nothing in writing from the County about this. I le wondered about distances. Frostad said he doesn't have the measurements, lie said he's getting the information second hand.Williamson said it was clear to back them off the right-oi=way and there was some consideration of size. They could be smaller like the ones on the median. Frostad said he didn't know about the onus of this until 4 p.m.today. Frostad said Beck's loiter was contentious and aggressive. • Council Meeting Minutes September 5,2006 3 Oct , 20 . 2006 3 : 21PM No . 5444 P . 7 Rockvam asked about the last two times with construction updates Frostad wasn't here. Frostad said lie didn't know his construction updates were still needed by the City. Hughes suggested we go back to the beginning. There was a design and a landscape plan and it was inadequate and there was an agreement. The City accepted a trade of that for • the planters. The developers agreement states to put that in and the comment was if no planters go in then take out the concrete and put in the green circles. Hughes said Frostad started the process. Frostad said he was looking for direction, I le said there were trees, but other things weren't contemplated. It was requested an as-built be done and today lie was notified it was insufficient. Frostad wants to get this done. There's escrow and lie wants to get it done. Rockvam said the escrow accounts expire on the 2 Vt of September. Rockvam said Frostad's attorneys don't respond to him. Frostad disagreed, I le said he hasn't received any communication until today, Beck said she hasn't been in communication with Frostad about this until this week, She said Goman told her there were about 12 out of 25 still not completed on the punch list but he was assuming the majority would be done by this coming Thursday when he had his meeting with Patton and Weiss. It's development and landscaping items. Rockvam said it bothers him that when the building was built all of the water would run through the brick chamber and into the storm sewers on County Road 15, He said the drain gutters on the north side run onto the: county right- of-way and the west side runs onto Bullenhoff s property. Friesen stated Goman said the downspouts are still a problem. Rockvam said the concern is the drop-dead date on the escrow because it's approaching fast. I Ie said the credit of the City is at stake. Rockvam remembers clearly the final approval back in October of 2004,the last item was an entire series of things Rockvam introduced and one was a residential landscape entrance. I le said the one on the other side looks tine, especially now with the new big tree. Frostad said he wants to get these things done. He wants to know who's driving the ship. If the onus is on Frostad, then okay. Ile said if the task is to get f3ob Byers of I lennepin County to get approval then okay. Williamson said no, they previously talked about three little planters on his property. He said the small type as represented on the median, Hughes said he thought it would be variety of sizes, Williamson said he thought if it was a matter of visibility or space, three small ones would work. Frostad wondered what was it, visibility or the right-of-way with I=lennepin County_ Williamson said they can be moved. Rockvam said the site line wasn't further out than the • transformer. Williamson illustrated the transformer placement when coming out of the garage onto Spring Street there is a need to stop and you can see beyond it. Rockvam said the cluster of planters would relatively be in the same site line of the transformer. Rockvam asked Frostad to go to the County to get this straightened out. Frostad said he'd call Byers and he'd call Norling but he said he's worried about the walkways and drivers cutting the comers. Williamson said that's what's great about the planters,they can be moved. Rockvam said he'd like some plantings in there for winter. Widmer asked about the maintenance agreement. Frostad said he can approve to pay for them but lie can't approve the maintenance because he doesn't control the association board. Hughes said he thought the homeowners association wanted Norling to take care of the front door planters. Rockvam said it's spelled out in the development agreement. Frostad said he doesn't have the authority to speak for the association. Rockvam said it's in the original resolution or there wouldn't have been a building. Rockvam said they don't care who takes care of it, they want it in there and they want it taken care of. Frostad said he'll take the responsibility of getting the planters in there. Williamson asked if the association has met and if there is in fact a board, Rockvam wondered if Urostad was the declarent. Williamson wondered if he exercises any votes. Frostad said lie has one vote. Widmer asked about the retail space and Frostad said he owns the retail. Widmer asked about the cleaning of the garages and the window maintenance. Williamson said there was a recitation that the developer agreed to develop the property in accordance with the agreement, The agreement provided would be approved by the Council in connection therewith. Rockvam said he's concerned about the escrow accounts. Vander Weide said they won't go away on the 21" and he would like to address the council. Vander Weide said he did get a proposal from Craig Mertz, Frostad's counsel. • ']'here was an issue about expiration on the escrow. I le said it's very clear that the escrow of$50,000 will not be Council Meeting Minutes—September 5, 2006 4 00 , 20 , 2006 3 : 21 PM No . 5444 P , 8 terminated until the later oft) months or resolution of the color dispute, however it's resolved. In addition, based on the fact that Frostad no longer has control of the board of directors does it makes sense to have the color dispute arbitration if the association's board doesn't want it repainted. Frostad doesn't have authority. It's a legal issue and it's being asserted between counsel. l le said the developer's agreement is binding on its successors and assigns. • Vander Weide said if it's decided there is something to arbitrate, sometime in October they will then address the color dispute. That is the proposal. He will outline in the exc;cutive session the legal pros and cons. Mertz has said on the issue of the escrow expiration,it's been agreed the$50,000 will remain escrowed through the arbitration subject to the escrow agreement. Williamson wanted to know how it affects the other punch list items. lIe said it's a separate account. Frostad said there's a letter of credit managing utilities and that's in place for the warranty period and $5,500 escrow is specific to the landscape and$50,000 for color. Williamson said his concern is by delaying this to October it will become a climate issue. Frostad said they requested arbitration back in February and it was put off at Seifert's request. Ruckvam said maybe we should go through TIF. He's tired of going through loop holes. Rockvam said there are continuous meetings and it's been a year. Frostad's attorney said the homeowner's association inherits the developer's agreement. Williamson asked Frostad if he would provide the documents establishing the homeowners's association and the minutes of the last meeting. Frostad said it's the same he's already provided. Williamson asked how many units are occupied by residents and how many of the five board members live on site. Vander Weide asked how many unites arc occupied by owner residents. Frostad said he still owns five units. As far as occupied, he's not sure if it is a first home or second. fie said it's something tracked by Cities Management. Frostad thought 25 are owner occupied,three or four are rental and the rest would be investor units (11). Ruckvam asked about the punch list on the drains. Adolf said his recollection is it drains to the storm sewer. Rockvam's concern is it gets forgotten and it goes on. Williamson asked the specific expiration of the letter of credit and Beck said she doesn't know. Williamson is concerned if it's pending. Rockvam said Williamson has been asking for this for about six months. Williamson said a letter of credit is by definition a blank check. Rockvam thought the wording in our letter of credit doesn't allow us to do this. He said he ran that question by Seifert and he • said it's not written that way. Hughes said there is a published meeting for budget discussion. Hughes requested Frostad have a landscape execution accomplished by Monday. Reinhardt said she's concerned that the City is not getting information to Frostad and we're not communicating with him or he's not truthful. Hughes said historically there were times when the City was instructed to communicate through Frostad's attorney. Williamson said lie thinks the letter of credit,needs to be executed. Williamson said gel it dune and do it right, do what's promised or don't keep coming back, Beck said there's been some miscommunication and there's some exaggeration about landscaping for Spring Street. She said in December of 2005 there was a revised plan but it wasn't officially approved. It was to be brought back before the Council and it's been included on the punch list. She said it sounded like there was some miscommunication when there was an on site meeting. Rockvam said the City can do the landscaping and bill the escrow account. Frostad said he'll get it figured out. Hughes said there's a meeting on Monday. But Rockvam said this special meeting is with the auditor. Hughes said his point was to give a deadline and it shouldn't be a discussion item. Frostad said it's got to be signed off. "I'he last Council meeting minutes make it very clear. Rockvam said he is concerned about the small sized planters and thinks it's too subjective. Reinhardt agreed and said she believes it needs to be specific. Williamson said there are three different sized planters on the boulevard-median, large,medium and small. Widmer asked if Frostad would meet with Norling and get his suggestions and advice as to what to put where. She said get it in writing and get it back to the Council. fleck said Frostad will deal with this issue but the first step is to contact the County to find out if the County will allow planters on the right of way and will it affect the size. Beck recommends Frostad come back with a proposal to look at and explain why he came up with the proposal. Frostad said he thinks the location is best in the right-of-way. I lughes wants to keep the process moving and wants to see the proposal by Monday. Widener agreed and said it has to be done before he leaves the country on a trip. • Council Meeting Minutes—September 5, 2006 5 Oct , 20 . 2006 3 : 22PM No - 5444 P . 9 Adolf said the grass strip between the sidewalk and right-of-way won't be maintained by the association. Adolf said this needs to be clarified. fle said 1[enn.epin County won't maintain it. Rockvam said he's fed up with what the association is going to do and what they won't do. Rockvam said the City is in charge. Frostad said the planter plan is coming Monday or sooner. • Williamson moves and Hughes seconds to recess for an executive session.9:07 P.M. Back in session, 10:14. c) Miscellaneous—nothing, 6. ORDTNANCES &RESOLUTTONS a) Resolution 06-24 Requesting Removal of Center Support of i 1CRRA Railroad.};ridge on West Arm Road Reinhardt make a motion and Williamson second-,to approve Resolution 06-24 for removal of the wood center supports of the HCRRA railroad bridge. Hughes asked who is paying for this. Williamson withdraws his second of the motion as he doesn't want the City to remove and pay the cost. Friesen said there's no problem with removing the center support_ Widmer wonders if it would go into the beautification. Reinhardt said it's public safety. The Council requested a change in language to clarify the cost of removal in not a City expense. Reinhardt amends the motion to include it is hereby resolved that the City of Spring Park requests that Hennepin County Regional Rail Authority remove the bridge supports and Hughes seconds it. All in favor,the motion carries. 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor Rockvam asked where they were at with the report from Northwest on the trailhead. Friesen said she hasn't heard back. Rockvam said he wants periodic updates on these pending items. Reinhardt said maybe they could present a timeline. • b) Council Hughes, Reinhardt, Williamson,Widmer lughes wondered about the Mist project from Del Otero to Sunset. They have a temporary sign and it's fake brick and it's obstructing the view. He wondered if it comes out too far. 1[e thinks it looks like it's too close to the road.Hughes asked what the plants are on Shoreline Drive surrounding the trees. He said they are day lilies and there's a whole bed of them by the 131-1 station. I le said there are a]lumber of trees that have one or two big gaping holes and they should be filled in. Rockvam said he wondered about BP and their landscape plan for the median on Wilshire. Rockvam said he wants some landscaping put in. Hughes said he asked the owner about the BP sign and the owner said he's still waiting for it. Rockvam said he wants them notified that we want to see a landscape plan. Reinhardt said the last meeting for the rail authority is tomorrow rooming, She wondered if anyone leas thought of anything she should mention. Rockvam asked about the need for parking. Reinhardt said it would be reiterated. Williamson said the design should be expandable. [Zockvam asked whether it's the Rail Authority or Three Rivers. He said it's County property and a lot of people use the county boat landing and guests need parking. Ile said from Wayzata to Spring Park there's not a lot of access to the trail. IZockvam said he feels something doesn't add up. He said there's going to be a lot ofuseage of the trail. They've admitted it will be popular, Reinhardt said they'll continue to push that. Williamson said Jonathan Neming made a statement that much of the use on regional trails is local and no driving is required. Williamson said that demonstrates a profound ignorance. Williamson said he had nothing additional. Widmer had nothing. c) Engineer 1. Sunset Drive Improvement Project • i. lJCRRA Permit 32-06 - storm sewer and catch basil Council Meeting Minutes-•- September 5,2006 6 Oct , 20 . 2006 3 : 22PM No , 5444 P . 10 Adolf said the agreement with i iCRRA for Sunset Drive improvements was mentioned at last meeting and the City attorney has critiqued it. It covers the storm sewer iiiom the north end of Sunset Drive improvements,just south of Northern Avenue and storm sewer to the east. Rockvam said he would like to see the retention pond moved to the east the same distance as the two parking spaces that will be eliminated. • He said there are older scrub trees and two spots on the end will be lost. He said the parking gets used a lot and it shouldn't be a big deal. Williamson said it's been improved and gravel was brought into stabilize it. It's heavily used by the cable commission. He said we're desperate for more parking and don't want to lose anything. Rockvam said he doesn't know if there's going to be any more digging. He doesn't know if they're going to dig the two spots out and it will be part of the retention pond. Adolf wanted to know if we're not losing any stalls would the proposal be acceptable. ii. Merno from Nancy Reck regarding HCRRA permit 32-06, Storm Sewer and Catch Basin Williamson makes a motion and seconded by Hughes that this permit document from HCRRA he redrafted in accordance with all of the recommendations from the City attorney. All votes were aye. Motion declared carried. Adolf said the agreement has already been executed by the Rail Authority. He said he doesn't know if there will be issues or not. Adolf said we're running out of time and if we don't agree with the.Rail Authority on these things, we will be forced to bring it back to City Council with compromise language. Adolf wondered if there's some latitude to reach a compromise if the Rail Authority holds fast. Beck said a lot of her comments were to make sure the City was aware of where the Storm sewer is located. She said it is likely to be changed in the future. The rest of the issues are insurance issues and should be easy to clarify. She said the main issue is to the indemnity provisions in order to clarify that the City is responsible only for the use of the properly by our people. Rockvam said it's the request of the city engineer to modify the agreement and give the city attorney the authority to negotiate. Williamson said he thought the things in the memo were wide ranging,and Williamson makes a motion and Rockvam seconds should negotiation be necessary • and middle ground reached, Beck have the authority to proceed. Motion declared carried d) Utility Superintendent Rockvam asked if Goman was unable to make the meeting because today was a Tuesday rather than a normal Monday. 'Friesen said she thought that was the case. e) Administrator 1. Channels 8 & 20 Schedules 2. Nall Cleanup- November 4, 2006(letter and cost proposal) Friesen said the information has been provided. Friesen said Goman said this is standard and these are estimates. Rockvam asked if we have to take action on it. Williamson makes a motion and Hughey seconds it that we accept the proposal by Allied Waste, Motion carries. 3. Upcoming meetings Audit, September 11, 1 1:30 a.m. (Approve Preliminary Budget and Levy) 4. Miscellaneous 8. CLAIMS FOR PAYMENT Motion by Reinhardt and seconded by Widmer to approve the claims for payment. All votes were aye. Motion declared carried. Hughes questioned Schoell and Madson's, claim number 10,and asked if any costs are going back to the developers, Sunset Drive and the Mist. Adolf said they're separate accounts and they'd go back to the developments. Sunset chive foes back to the cost sharing of the development agreements. Hughes asked if most of it's going back to developers and Adolf said he thought it would be prorated on the value of the construction for each party. Rockvam asked who does the accounting and how do we know this will happen. Adolf said the costs will be split up. Rockvam said how does the City know this is happening because once they're paid, they lose track. Adolf said the improvement of the west half of Sunset Drive was included in the developers agreement of Lakeview Lolls. Adolf would • rather complete it so it's known what the costs are. Williamson asked if it goes beyond September 21't and Council Meeting Minutes—September 5, 2006 7 Oct - 20 . 2006 3 : 22PM No . 5444 P . 11 Adolf said yes. Williamson thinks it should be taken out of vrostad's right away. Beck said she lia.sn't received any invoices from Schoell and Madson in a few months. Rockvam said the accounting method concerns him. There wasn't a line item for the Lakeview Lofts or the Mist lofts as what money the city is spending, Beck said she receives a summary from the accountant and they balance the two accounts. • Rockvam said there was a letter from Grubc about the damage of Sunset Drive in the area used for staging, Rockvam asked how to detennine what ofthose costs go to the developers. Williamson said as far as the roadway is concerned there is an agreement for nulling the road. Rockvam asked how it is prorated to the Mist Lofts and the Lakeview Lofts. He said it is the same situation on Bayview. Williamson said staging was exchanged between the two developments. Adolf said the two developments are paying. Williamson asked about the damage that was clone on County property crossing the railroad site. Adolf said the major part is on the cast side. There are drainage problems and the road is beat up. Williamson said they can be asked to pay for the new paved surface. Adolf said if there wasn't a road improvement, Cornerstone would have to repair the road and that should be a fair cost. 9. UNFINiS11 ) BUSINI~SS a.) HCRRA letter 1. encroachments 2. fence Friesen said she needs to talk to Jessica. Rockvam said there has been a proposed improvement of West Arm Central for two years, He said Xcel said they'd move the poles and there hasn't been anything in writing. Rockvam said this was two years ago and the road was going to be moved and nothing has happened. Rockvam said the City doesn't want stuff on the right-of-way. Reinhardt wants to clarify that Jessica means West Arm Central. Reinhardt wondered what type of fence. Friesen thought it was similar to the drive-in property. Reinhardt wondered if there was action being requested of the city. She wondered if they want physical help or to support the policy. b) Auto Starts Fire chief and chief of police have requested we hold off as they feel they can work it out before the first of the year. Williamson said it won't take effect until that time anyway. • c) Marina Carwash update Friesen said the trusses are going up,the construction people are back and they are hoping the sheathing wi 11 be done by next week. Interior work will progress. Pthlegar brought in a photo of fencing from Menards, standard type fence panels. Rockvam said Pfhlegar said it was going to be a nine foot fence. The fence from Menards is eight feet. Friesen thought it was cost related regarding a custom fence versus something he could buy outright. Williamson said it was to be screening. Rockvam said he told the council where lie was going to put it. Rockvarn thinks it should be on a survey or a drawing. Hughes said there was never an official drawing. Rockvam said to remind him lie said it would be a nine foot fence. d) 2007 Preliminary Budget Friesen said there was a revision passed out showing the dollar amount increased or decreased and the percentage. There was a discussion regarding fire. The building wasn't broken out and Friesen corrected that. Friesen said the actual levy increased by 11.5 %and the total expenses increased by 5%. Reinhardt asked if it was due September 15`h. Widmer thought it was being approved Monday night. Rockvam asked if there was a meeting set for Monday night. Rockvam said normally there's been a.little more Lime. He asked if there was enough in there to cover the expenses. Reinhardt said it's nice to look at the numbers but it's hard to pull out of this form what projects this includes. it's vague, so it's hard to match because there isn't a. CIP. Rockvam said he's looking for lire services. Friesen said it's still the same amount but the actual fire department expense is broken down. Friesen wondered about the Gillespie (.'.enter's request for $30,000 and if it should be shown. 'Then the totals would change. Rockvam said it's a significant amount they're asking for, Rockvam thinks they're a year ahead of themselves. He thinks it can be plugged in for discussion. Rockvam isn't sure about the;initial commitment because it sets a mark, 'There should be rationale or a formula. Rockvam thinks there should he a stake and it should be a joint powers agreement, Rockvam thinks they're rushing it and maybe it's necessary to back off and talk about it. Williamson • Council Meeting Minutes—September 5,2006 8 Oct , 20 , 2006 3 : 22PM No , 5444 P . 12 makes a motion and Hughes seconds that a Council meeting be scheduled for Monday,September I Ph at 7:30 for the budget and to certify the proposed levy. All votes were aye. Motion declared.carried. • 10. NFW BUSINESS &COMMiJNICATIONS a) Sunset Drive damage by contractor-Jim Grube letter b) Planning Commission Minutes (unapproved) August 9,2006 Hughes asked to look at page two,the third paragraph from the bottom regarding the detail presented by Yanik. Ile said Yanik, a new business owner in the City, built the Gillespie Center. He said Yanik made$45,000 in profit on the building and lie donated it back to the Gillespie Center. Widmer said Yanik Companies built the Waconia Hospital remodel. c) Building and Sibm Report—Any d)LMCC letter and proposed budget Williamson said every year under the joint powers there is a budget and they ask for-a resolution of approval. Williamson move and Widmer seconds for adoption of the resolution of approval under the joint powers agreement. All votes were aye. Motion declared.carried. Williamson said it doesn't require a payment as it's financed through subscriber fees. He said the budget has been increased due to meetings being streamed on the Internet. Williamson asked that the page about the motion be transmitted to Sally Kocneckc. e) Head, Seifert&Vander Weide—Status Report Lakeview Lofts 1) Head, Seifert& Vander Weide—Status Report Mist Lofts g) I lead, Seifert & Vander Wcidc Status Report Island Harbor 11. MISCELLANEOIJS 12. ADJOURNMENT Motion made by Williamson and seconded by Hughes to adjourn at 11:12 p.m. All votes were aye. Motion declared carried_ • I en y Lewin - Officc Assi t Sarah Friesen Administrator/C.lerk/Trcasurer • Council Meeting Minutes—September 5, 2006 9