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.
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• 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
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• 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:
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• 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
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