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<br />Councilmember Strommen stated that there should be something stated in the agreement what <br />the standards of maintenance are. She stated that there are also liability issues to consider. <br /> <br />City Attorney Goodrich stated that there could be arbitration or mediation, or there could be <br />language in the agreement that says the City will have final say in how the fountain is <br />maintained. <br /> <br />Councilmember Strommen stated that her concern with language goes back to the language used <br />in the Connexus Energy agreement about an adequate level of service. <br /> <br />Councilmember Dehen asked if this would be setting a precedent by getting involved financially <br />with a business. He stated that other businesses could come to the City and say that their <br />improvements also benefit the City. <br /> <br />Mayor Gamec stated that he feels. this will add quite a bit of value to the streetscape. He stated <br />that he would like to make sure there are answers to questions like who is responsible if the pipes <br />freeze, but he likes the idea. <br /> <br />Councilmember Elvig stated that he agrees that this gives a nice benefit to the City and noted <br />that he feels a lot of times people don't put these kinds of improvements in because of liability <br />issues. He stated that he does want to be sensitive to setting a precedent and would like staff to <br />put together findings regarding the benefit of the City taking these over. <br /> <br />Councilmember Dehen stated the point made regarding liability is a good question. He asked <br />what would happen if a kid fell in and drowned or broke an arm. <br /> <br />Mayor Gamec stated that the City should talk to the League of Minnesota Cities and get their <br />advice. <br /> <br />City Attorney Goodrich stated that he would also advise this because this may change our <br />insurance rates. <br /> <br />Councilmember Elvig stated that he would also like to consider lighting because of possible <br />vandalism. He noted that Anoka had problems with people putting soap in their fountain. <br /> <br />Councilmember Dehen stated that he is also concerned that the City has just been presented with <br />one bid for the project, which to him loses the appearance of responsible bidding. <br /> <br />Mayor Gamec stated that it may be possible to verify the bid information through the City <br />Engineering department. . <br /> <br />Councilmember Elvig stated that the City could consider only funding a portion of the costs. <br /> <br />Councilmember Look stated that although he thinks this is a great project and appreciates Mr. <br />Deal moving it forward, he does not think this is the appropriate time for the City to put money <br />into it. <br /> <br />City Council Work Session I May 20, 2008 <br />Page 2 of 8 <br />