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<br /> ARDEN HILLS SPECIAL CITY COUNCIL - DECEMBER 15.1997 4 <br />. 3. Sales and Purchase Agreement/Statement ofIntent, Naegele/Morris <br /> Communication Corporation <br /> Mr. Kevin Ringwald, Community Development Director, indicated the Council initially <br /> reviewed the Sales and Purchase Agreement with Morris Communication Corporation (aka, <br /> Naegele) in September, 1997. Morris subsequently rejected the agreement as a result of the <br /> changing nature ofthis proj ect. <br /> Mr. Ringwald indicated after numerous meetings with Morris, Staff feels the proposed agreement <br /> is as close as they are able to reach to a document which meets most ofthe City's objectives. He <br /> noted the Statement of Intent and Sales and Purchase Agreement has been approved by Morris <br /> officials, These document have been altered significantly and, as a result, the Council is being <br /> asked to review thcm once again, He noted the basic points have not changed. <br /> Mr. Ringwald reviewed the changes. He pointed out Morris has requested that the language be <br /> made more specific to each sign. Specifically, the height restrictions. The incorporated language <br /> is such that it will allow the signs to be raised to the heights identified in the Sales and Purchase <br /> Agreement, which notes up to a 10-foot increase to Billboard #3 and up to a 20-foot increase to <br /> Billboard #4. Mr. Ringwald did note that it is the intent of both parties to work with other parties <br /> to try and reduce these increases. It is most beneficial and profitable ifthe signs remain at the <br /> current height, but if there are conflicts, they would like some flexibility, <br />. Mayor Probst inquired as to what effect it would have on the process if the Council made <br /> substantial changes, Mr. Ringwald indicated it would halt the process and Morris would again <br /> need to review it. Mr, Ringwald indicated he did not believe there was more to gain by <br /> additional changes. He stated he was confident Staff and the City Attorney have reviewed the <br /> documents and made as many changes as Morris would accept. <br /> Mayor Probst inquired if the Statement ofIntent was exclusive. Mr. Fritsinger indicated the City <br /> was not bound exclusively to Morris, and the City Attorney had assured Staff there was <br /> flexibility in the documents. <br /> Councilmember Hicks noted, for clarification, it would not be in the best interest of Morris to <br /> absorb the cost of raising the signs if thcy were going to sell the property. Mr. Ringwald <br /> indicated that would be true, but Morris is not intending on selling the portion of property where <br /> the signs are located. <br /> Mr. Ringwald indicated he wished to present the worst case scenario for the Council. The <br /> Council needs to be comfortable with the possibility of the signs being raised. Morris does not <br /> wish to raise the signs, due to profitability, but if they are unable to work with surrounding <br /> property owners regarding trees and other obtrusions, they want to have the flexibility to raise the <br /> SIgns. <br />. Mayor Probst indicated he did not feel comfortable with the agreement and would like to see the <br /> previous agreement. He understood the changes to be only those mutually agreed to but he was <br /> hesitant to approve the agreement. Mr. Ringwald noted that page 12 of the document does <br />