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2/17/2006 - City Council - Regular - Minutes RECEIVED CITY OF SPRING PARK MAR 0 6 2006 • SPRING PARK, MINNESOTA HEAD, SEIFERT & VANDER WEIDE COUNCIL MINUTES FEBRUARY 21, 2006 7:30 P.M.—CITY HALL 1. CALL TO ORDER Acting Mayor Hughes called the meeting to order at 7:30 p.m. 2. ROLL CALL Hughes, Reinhardt and Williamson were present and Widmer and Rockvam were excused. Staff present: Deputy Clerk Corl and Nancy Beck, City Attorney; Others present: Planning Commissioner Mason. Hughes noted Mayor Rockvam and Acting Mayor Widmer were not present and prior to the meeting the following motion was made: Motion by Reinhardt and seconded by Williamson to approve Hughes as Acting Mayor for this meeting. All votes were aye. Motion declared carried. • 3. ADOPT AGENDA Motion by Williamson and seconded by Reinhardt to adopt the agenda. All votes were aye. Motion declared carried. 4. APPROVAL OF MINUTES a. Moratorium Workshop—January 30, 2006—Not available at this time. b. Council Minutes—February 6, 2006 Motion by Reinhardt and seconded by Williamson to approve the Council Minutes for February 6,2006. All votes were aye. Motion declared carried. PUBLIC FORUM—None Acting Mayor Hughes introduced the Council and Staff to the viewing public. 5. PETITIONS, REQUESTS & APPLICATIONS a. Predevelopment Agreement—Providence on Lake Minnetonka Williamson noted two motions were needed, one to adopt the draft agreement and stipulate the amendments and one to authorize the execution of the agreement. Motion by Williamson and seconded by Reinhardt to adopt the Predevelopment Agreement between the City and K. Hovnanian Homes with the drafted • amendments by the City Attorney. Council Minutes—2/21/06 1 • In discussion Hughes verified the approval was for the agreement and the amendments as printed in the packet. Beck explained to the viewing public, per Hughes request, the predevelopment agreement requires the developer to pay fees incurred by the City for the development and allows the City to develop an escrow account to cover the fees. Hughes stated it also starts to outline responsibilities. Hughes clarified the City is not approving the development. Williamson stated there is language that specifically states the Council is not warranting any guarantee for any future approval, and strictly taking the application process under review and the developer is paying for costs incurred pertaining to the review. Hughes verified the check submitted could be cashed. Beck said she has to obtain approval of the amendments from the developer first. Upon roll call Hughes, Reinhardt, and Williamson voted aye. Motion declared carried. Hughes noted that Rockvam and Widmer provided their approval with the agreement in their absence. Williamson asked if the Mayor's approval was in writing. Beck noted she received a fax stating approval from the Mayor and Widmer has given her verbal support. Motion by Williamson and seconded by Reinhardt to authorize the Mayor and Administrator to execute the predevelopment agreement. All votes were aye. Motion declared carried. • b) 30-Day Waiver for Exempt Permit to MN Gambling Board—2/13/06 Motion by Williamson and seconded by Reinhardt to approve the 30-day waiver for the exempt to the MN gambling board. All votes were aye. Motion declared carried. Williamson pointed out this is an annual charitable fund raising event and there is no need for deliberation or investigation and the exemption supports the fund raising effort. c) Miscellaneous—None 6. ORDINANCES & RESOLUTIONS a) Resolution 06-09—Supporting Development of Regional Trail Hughes reviewed the Council requested a paragraph added pertaining to a trailhead in Spring Park. Williamson said the addition was clear and to the point. Hughes asked Beck to briefly review it and she did not see a problem with it. Motion by Williamson and seconded by Reinhardt to approve Resolution 06-09, supporting the development of a regional trail. All votes were aye. Motion declared carried. 7. REPORTS OF OFFICERS & COMMITTEES a) Mayor—No Report • b) Council—Hughes, Reinhardt, Williamson, Widmer Council Minutes—2/21/06 2 i • Hughes said he has the expectation the City will purchase a digital tape recorder to record all City meetings. He said the cost is approximately$100. Motion by Hughes and seconded by Williamson to authorize the purchase of a digital recorder to record all City meetings. All votes were aye. Reinhardt requested the LMCC edit out conversations on the tape that take place prior to the start of the Council meetings and on the online tapes. Williamson said the LMCC staff is not authorized to edit meetings. He added they have neither the capability nor the time to edit meetings. Doane Baber, LMCC person taping the meeting, said the chair person of the meeting should give a cue when the meetings are going to start. Williamson said a lot of money is spent on staff to handle the workload for the digital meetings. Williamson asked if the financial reports are done and this was not known. He made a suggestion for a remote microphone for staff in the back of the room responding to questions. He said a connection for this has to be established. Hughes asked who this is being directed to. Williamson said Jim Lundberg, LMCC, could make a recommendation. He said he would like Hughes to advise the staff to do this. No motion was made for this. Williamson reported the street lights for Lakeview Lofts were installed today. He added • Lift Station 96 is up and running well. He said there was a problem at first with a power surge that has been remedied and all automated functions that were supposed to work did work. Mason asked the status of the fire proof files and this was not known. He asked if the public hearing could be televised for March 8, 2006 with advance notice. Williamson said the lead time is one month notice to obtain a volunteer and if the meeting was played back it would replace a Council meeting playback spot. Reinhardt said we should see how the Commissioners feel about this. Williamson said he would check the availability of taping the meeting and report back at the next Council meeting. c) Engineer—No Report d) Utility Superintendent—No Report e) Administrator—No Report 8. CLAIMS FOR PAYMENT -None 9. UNFINISHED BUSINESS—None 10. NEW BUSINESS & COMMUNICATIONS The following communications were noted: • Council Minutes—2/21/06 3 • a. LMCC Re: Fed. Communications Commission Notice of Proposed Rulemaking — 2/10/06 b) Budget Review Meeting—2/7/06 Hughes stated the meeting dealt with sewer and water rates and the Council is reviewing deficits and expenditures on those accounts. Williamson pointed out it was supposed to be a budget review meeting and it became a focus on the water fund. c) Planning Commission Minutes—2/8/06 d) Development Workshop—2/8/06 Hughes said this was an informative workshop on Providence on Lake Minnetonka. Reinhardt suggested a press release on the public hearing for the development. Williamson said this represents a sizable project and we should have a policy when something represents community interest, we should make the public aware beyond the public meeting. He asked Beck if publication costs were subject to escrow. Beck said the previous developments were not charged for publications. Reinhardt asked Serrano, from the Laker, if a press release could be printed. Serrano said it would be helpful to get details from the City so he would not have to track someone down. e) Head, Seifert & Vander Weide Re: Status Report Lakeview Lofts—2/16/06 f) Head, Seifert& Vander Weide Re: Status Report Mist Lofts—2/16/06 g) Head, Seifert& Vander Weide Re: Providence on Lake Mtka. —2/16/06 h) MCWD Re: MCWD/MPCA Partnership NPDES Program—2/8/06 i) MCWD Re: Follow-Up Inspection of Lakeview& Mist Lofts' —2/8/06 Williamson said he was disappointed with the communication and they did not do a • follow-up to see if the solutions to the problems were done accurately. Mason said there is a stream of mud going out the fence to Del Otero and they are not sweeping the streets. j) NAC Re: Response to Mound's Flexibility Request—2/15/06 Williamson pointed out our staff gave this to NAC and this is their response. He noted doing nothing on our part means acceptance. 11. MISCELLANEOUS Williamson referred to the Planning Commission vacancy and suggested discontinuing solicitation of more candidates. Reinhardt disagreed and said the solicitation should run as long as possible to acquire a list of interested persons for future reference. 12. ADJOURNMENT Motion by Williamson and seconded by Reinhardt to adjourn the Council meeting at 8:18 p.m. All votes were aye. Motion declared carried. SHARON CORL DEPUTY CLERK • Council Minutes—2/21/06 4