1. ROLL CALL - All members present.
2. PUBLIC FORUM - A short note on Bushaway Road was presented. Peggy Douglas reminded everyone that a Candidates Forum will take place next Tuesday night at Wayzata City Hall for the open Council Seats.
3. APPROVAL OF MINUTES - passed without discussion.
4a. PUBLIC HEARING - Hearing on Collection of Delinquent Charges for Services - Adopt Res. # 39-2008. Certifying Assessments - passed unanimously.
5. NEW BUSINESS
5a. Consider Res. #41-2008 approving a Redevelopment Agreement for the Bay Center Project. Must construct minimum improvements, HRA to Consider TIF; blight study in progress, Demolition controls, Terms of Tif Note, $22,910,897 pay as you go at 7% interest for up to 25 years, Possible extension if TIF litigation creates project delay, the TIF district to 26 years and increase TIF Note principal by amount of certain delay costs. To ensure compliance with "but for" test, at 95% occupancy or 2-years after certificate of occupancy, measured by project completion TIF Pro Forma, Standard = debt coverage ratio 1.36x, compare to actual recent year and estimate for next 2 years, reduce outstanding principal of TIF Note by excess amount. MR may construct, choice to build all or a portion; certain Segments bundled, decide by delivery of first Go-Ahead Letter. The Master Redeveloper must finance up to $9,839,500. Role of PUD v MRA, Omission of Special Service District, City & HRA approval by City Manager / ED of HRA. 90 Day notice for Muni, Wetland mitigation parcel, Environmental indemnification provisions for land transfers, good deal for City.
Mary Bader asked about the "look back provision," and it's relative strength towards the citizens of Wayzata. The presenter from Dorsey & Whitney indicated that most projects are compared to profitability, and the Bay Center is being developed by a non-profit entity. She expressed concern about that look back provision being a one time thing. She asked what risks are left for the City, particularly with regard to demolition expressing concern that no demolition may occur until financing for the whole project is in place.
Ken Willcox asked about the interest rate on the TIF note and the implication of adjusting it up.
Sue Bangert asked what a "go ahead letter" is, and it's ability to bind.
Passed 3-1 with Amdal withholding, and Bader voting no.
Mayor Humphrey asked about the PUD agreement.
5b. Approve Wayzata Bay Center rezoning from C-2 to PUD - First Reading of Ordinance # 690. First reading passed 3-1, Amdal withholding and Bader voting no. Bangert suggested she did not agree with language indicating no impact on property values on the east neighborhood and no increase in traffic.
5c. Consider the PUD Development Agreement for the Bay Center Project - Resolution # 42-2008. These had to do with variations from the approval from the June 10, 2008 . Mary Bader brough up discussion on the campanile, and as to whether or not a decision should be made on it. Mayor Humphrey indicated the Council should wait until more information is readily available. Sue Bangert sought assurance that the homeowners association would not trump the easements for the public to parks, sidewalks etc. Bader asked whether unavoidable delay could include financing, and additionally questioned that the park could be used for private events. Ken Willcox suggested that it should be amended to allow for affordable housing outside of Wayzata with regards to IOCP's desire to build affordable housing. Voted to approve 3-1 with Amdal withholding and Bader voting no.
5d. Consider the award of bid for WTP-3/Underground Storage Project. The Council rejected the bids for the underground storage project, go back and do some additionally homework and get it rebid. Passed 5-0.
5e. Request extension from Met Council for the Wayzata Comprehensive Plan - Res. # 43-2008. This had to do with the surface water treatment. Passed 5-0.
5f. Consider Res. # 44-2008 Establishing an Absentee Ballot Board for 2008 Election. Staff recommends two judges from two different parties as recommended by the City Clerk. City Manager Orson suggested that 15-20% of all ballots cast will be absentee. Approved 5-0.
5g. Consider 2009 Fee Schedule. There was discussion for a reduction in wine license fees from $1,500 to $1,250. Humphrey suggested comparison to neighboring communities. Willcox asked why water and sewar rates are going up. Orsen answered it is for the water treatment plant to be built and the underground storage tank. Bangert asked why cart vendors are being subjected to a 300% increase. Humphrey suggested it was for the cost of an inspector. Approved 5-0.
5h. Consider and approve Municipal Licenses. Approved 5-0.
6. City Managers Report. Nolan Bros. wants to make a small adjustment on their Barry Ave. development from cable strands to glass plates for balconies. Humphrey said for the record they had a closed meeting with regard to the 800 Superior last Saturday. Mike Kelley also sent an email asking for Mayor Humphrey's signature to establish the quite zone for the rail road. It will go live within 21 days. Bangert indicated there will be a Bushaway Road celebration November 1 celebrating the 150th Anniversary of it's establishment.