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HomeMy WebLinkAbout2012-05-22 CC Meeting Minutes Excerpt City Council Meeting Minutes May 22, 2012 Page 2 of'4 IV. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Minutes — May 8, 2012 C. MOVED '1'() OLD BUSINESS SS D. MOVED TO NEW BUSINESS E. Award Tree Removal and Pruning Work to St. Croix Tree Service F. Approve Budget Adjustment - $10,000 from the General Fund Unassigned Fund Balance to Building Inspection Contractual Services G. Approve Budget Adjustment - $31,000 from the Water Fund Reserves to 2012 Water Fund Budget Councilmember Swenson, seconded by Councilmember Runk, moved to approve the Consent Agenda. Roll call vote taken. Carried 4 -0. V. Public Hearings: None VI. Old Business: A. A Resolution Approving Abatement of Special Assessments to MN Department of Transportation: Councilmember Swenson, seconded by Councilmember Runk, moved to approve the Resolution. Roll call vote taken. Carried 4 -0. B. Hot Patching: Public Works Director Kegley reviewed his memo which was included in the packet for that evening's meeting. Mayor 13eaudet, seconded by Councilmember McComber, moved to approve the hot patch and curb at City Hall with funds coming from streets budgeted project fund. Carried 4 -0. Mayor Beaudet requested Public Works Director Kegley obtain a new set of quotes for the Brekkc park ramp and the entrance to the disc golf course. Nolde Senior Living Projects Development Agreement: City Attorney 0 ... Vicrling reported that council had passed condition 27 in the Resolution setting forth a penalty clause. John Nolde of Winthrop & Weinstine, who represents Tim Nolde, the developer, was present at the meeting and stated the Mr. Nolde was requesting a review the Development Agreement. Councilmember Swenson, seconded by Councilmember McComber, moved to issue a $100,000 letter of credit with language added to Page 7 of 138 City Council Meeting Minutes May 22, 2012 Page 3 of 4 Developer's Agreement to establish a covenant regarding senior housing. Roll call vote taken, Carried 3 -1, Beaudet opposed. Councilmember Runk, seconded by Councilmember McComber, moved to authorize the conclusion of the Developer's Agreement with the term passed above and authorize the mayor and City Administrator to sign. Roll call vote taken. Carried 3 -1, Beaudet opposed. D. Oak Park Heights — Stillwater Motors -- Conditional Use Permit Amendment & Design Guidelines Review — 5900 Stillwater Blvd N: Mayor Beaudet stated that Stillwater Motors had requested this matter be postponed. Mayor Beaudet, seconded by Councilmember Swenson, moved to postpone until Stillwater Motors is ready to proceed. Carried 4 -0. E. Adopt Resolution Supporting Access to Omaha Avenue: Mayor Beaudet moved to approve the Resolution as presented. Motion failed per lack of a second. The City Council discussed various requested language changes. Councilmember McComber, seconded by Councilmember Swenson, moved to approve the Resolution with changes proposed to paragraphs 4, 6, and 9. Motion failed 2 -2, Beaudet and Runk opposed. Councilmember Runk, seconded by Mayor Beaudet, moved to make an amendment to the original Resolution adding another Whereas as follows: "WHEREAS, in both the 1995 and 2006 plans, Omaha Avenue was to remain open." Carried 4 -0, Councilmember M.cComher, seconded by Councilmember Swenson, moved to change the language in paragraph 4 from "Oakgreen and Osgood Avenues" to "the south frontage road." Carried 4 -0, Councilmember McComber, seconded by Councilmember Swenson, moved to change the language in paragraph 6 from "substantial economic damage will be done" to "detrimental economic impact will occur." Carried 4 -0. Councilmember Runk, seconded by Mayor Beaudet, moved to move the Resolution with the amendments noted above and to change the language in the therefore section from "damage and significant economic injury" to "detrimental impact." Roll call vote taken. Carried 4 -0. VII. New Business: A. Authorize Finance Director to Prepare Preliminary 2013 Budget: Mayor I3eaudet, seconded by Councilmember Swenson, moved to authorize the Page 8 of 138