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HomeMy WebLinkAboutCC 07-08-2002• ��� �'S .�EN HILLS MEETING MINUTES Approved July 29, 2002 CITY OF ARDEN HILLS, MINNESOTA SPECIAL CITY COUNCIL MEETING, 6:00 P.M. REGULAR CITY COUNCIL MEETING, 7:00 P.M. MONDAY, JULY 8, 2002 CITY HALL COUNCIL CHAMBERS,1245 WEST HIGHWAY 96 CALL TO ORDER Mayor Dennis Probst called to order the special portion of the City Council meeting at 6:05 p.m. , Present: Mayor Dennis Probst, Council Members Beverly Aplikowski, David Grant, and Council Member Rem (6:10 p.m.) Absent: Council Member Gregg Larson (with prior notice). Also present were City Administrator, Joe Lynch; Operations and Maintenance Director, Tom Moore; City Accountant, Terry Post; City Attorney, Jerry Filla; and Jim Prosser representing Ehlers and Associates. Administrator Lynch gave a brief overview of the agenda for the special meeting indicating a desire to go through the interim development agreement and attend to a short presentation from Jim Prosser of Ehlers and Associates. Council Member Rem arrived at 6:10 p.m. Jim Prosser of Ehlers and Associates gave a presentation of the TCAAP project management. r� � ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JULY 8, 2002 2 � He reviewed the four steps necessary as the cornerstones of the public process. 1. Communicate the problem 2. Communicate the process 3. Communicate the options 4. Communicate the solution(s) He then reviewed the role of the elected officials and the potential communication plan including several outlets for information. At the end of the presentation Mr. Prosser indicated he would answer questions of the City Council. Council indicated they would prefer to discuss the subject further at the July 15, 2002 City Council Work Session. Interim Development A�reement Administrator Lynch reviewed the background and the work that has gone into the development agreement thus far. • Attorney Filla reviewed the document, noting particular items, and also gave background on issues to the City Council. Filla reviewed the following: Land transfer, environmental analysis, land use and infrastructure plan, the negotiation of a disposition and development agreement and cost reimbursement. Filla did note the particular section containing cost reimbursement and inclusion of travel when requested or necessitated by the consultant. Mayor Probst inquired about the termination section. He noted that the cost of the data was absent. He would like to have identified which data would be considered for reimbursement and which data would not. He also inquired as to what is the exposure of the City on data retention. Council Member Grant commented that he had specific changes he would like to see made to the document, but did not think there would be enough time to go through those changes during the course of the special meeting. Attorney Filla commented that the comments and changes should be made through Administrator Lynch, and reiterated to the Council to alert staff if the document • does not seem to be headed in the right direction. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JULY 8, 2002 3 � Jeff Knutson, Attorney for Centex, Ryan and Rehbein (CRR), addressed the Council. He indicated the goal of the document was to identify common areas and tasks and reasons for departure from those common goals. He expressed the document could not possibly identify all aspects. However, it does represent a clear understanding of roles, and indicated that Rehbein Company was comfortable with the document. Mayor Probst noted the obligations for the developer on negotiations indicated they were in the lead, and he wanted it noted that he did not want the developer out in front of the City on issues. He stated he wanted to see language to the effect that allowed the City to be more directly in control of negotiations. Attorney Knutson indicated that the development team and the City had been meeting over the last six weeks to discuss this, and the development team certainly did not want to represent the City without communication and understanding of their position. • Council Member Rem noted in the first section on approvals that there were agencies such as the Environmental Protection Agency, the Minnesota Pollution Control Agency, and others that were not noted for approvals. She inquired if the development team was going to seek those approvals. Attorney Knutson responded that the development team, along with the City, will meet with all of the stakeholders and decision makers, and seek and obtain their approval. Council Member Rem inquired about the note for cost reimbursements on page 7 and inquired about the administrative costs. Administrator Lynch responded that the administrative costs would include either a portion of staff time or project manager costs. This would be identified in the budget being brought forward by the City. Mayor Probst reminded the Council that the development team is anxiously awaiting a time frame and they should attempt to get this document settled. He � ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JULY 8, 2002 4 � suggested that further discussion and work could be done on the document at the July 15, 2002 Work Session. Council Member Grant concurred with the Mayor and indicated that he would like to discuss his points with Attorney Filla and would also encourage discussion at the July 15, 2002 Work Session. Attorney Filla inquired of Council Member Grant what the issues were and also are they issues that all Council members could agree to and also would the developer agree with the changes. Council Member Rem indicated that Appendix D is not included and it needs to be because it talks about data and information, and would be more clearly outlined what exposure the City would have for termination. Council Member Aplikowski indicated she had no particular issues with the agreement, but did inquire about what little things are issues. • Council Member Grant indicated that the completion and approval of the document at the July 29, 2002 Regular City Council Meeting may not be practical. He said he would like to see more time taken in consideration of this document. Mayor Probst indicated that the Council should identify those issues and try to achieve resolution before the end of July. Council Member Grant noted that Council Member Larson was not in attendance and did not know what his comments were regarding the document, stating discussion at the July 15, 2002 Work Session, would allow him to comment. Attorney Knutson indicated the developer was going forward on a good faith effort based on the relationship with staff and indicatiing the City Council is comfortable with the direction the developer is taking. Mayor Probst indicated his sense was that the Council is comfortable with the direction, but they need to confirm that the agreement contains all the proper language. � ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JULY 8, 2002 5 � Council Member Rem commented on a letter dated June 27, 2002 indicating Rehbein Company was an agent for the City. Administrator Lynch responded that the letter was sent primarily to Mike Fix to allow Rehbein to have access to the facility to begin further investigation and characterization of any environmental concerns. Attorney Filla inquired about the Council's understanding that the base document that is to be used is the one that is before the City Council tonight and on a going forward basis, changes will be made to that document. Mayor Probst indicated that it is his sense that the Council agrees that this is the base document. All comments and changes are to be sent to Administrator Lynch by Thursday to be included in the packet. Council is targeting the July 29, 2002 Regular City Council meeting for action on this document. ADJOURN � Mayor Probst adjourned the special portion of the meeting at 7:10 p.m. CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the Regular City Council meeting at 7:18 p.m. Present: Mayor Dennis Probst, Council Members Beverly Aplikowski, David Grant, and Council Member Rem. Absent: Council Member Gregg Larson. Also present were Administrator, Joe Lynch; Director of Community Services, Aaron Parrish; Accountant, Terry Post; Director of Operations and Maintenance, Tom Moore; City Engineer, Greg Brown, and Recording Secretary, Kathleen Altman. L� ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JULY 8, 2002 6 � 1. APPROVAL OF MEETING AGENDA Council Member Grant requested Item 3C be moved to item 4B. MOTION: Council Member Aplikowski moved and Council Member Rem seconded a motion to adopt the amended agenda for the July 8, 2002, Regular City Council meeting. The motion carried unanimously (4-0). 2. APPROVAL OF MINUTES A. June 24, 2002 Council Meeting Council Member Grant requested the following changes: Page 5, 4th paragraph, second sentence to read: "He asked what the total amount of program shortage was." • Council Member Rem requested the following changes: Page 2, first paragraph, change Carson to Carlson. and change Crai�L Brown to Gre� Brown. Page 3, consent calendar motion remove the word "amended". Page 4, first motion, add the motion carried unanimously (5-0). Page 9, 3rd paragraph should read: "Mr. Lynch stated this would be the first reading of the Ordinance and would be brought back to Council for the next City Council meeting for a second readin ". MOTION: Council Member Aplikowski moved and Council Member Rem seconded a motion to approve the June 24, 2002 Council Meeting as amended. The motion carried unanimously (4-0). 3. CONSENT CALENDAR � . . � '. • C • � . • _ . � . • _ . . . . . • 0 C . 0 '0 C .: -; p �� �. `� � .: 0' � 0 �� � � .. - ': 0 0 • ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JULY 8, 2002 7 C� MOTION: Council Member Grant moved and Council Member Aplikowski seconded a motion to approve the Amended Consent Calendar and authorize execution of all necessary documents contained therein. The motion carried unanimously (4-0). 4. PUBLIC INQUIRIES/INFORMATIONAL None. A. Resolution No. 02-33 Approving Trinity Lutheran Annual Exempt Gambling Permit. Administrator Lynch stated the City had received an application for applicant's annual Exempt Gambling Permit for a charitable gambling event to be held September 14, 2002 on their property. Staff recommended approving applicant's request. • MOTION: Council Member Grant moved and Council Member Aplikowski seconded a motion to approve the Resolution No. 02-33 Approving Trinity Lutheran Annual Exempt Gambling Permit. The motion carried unanimously (4-0). B. Resolution No. 02-32 A Resolution Authorizing Advertisement for Public Improvements: 2002 Sanitary Sewer and Water Main Rehabilitation Project and 2002 Drainage Improvement Project City Engineer Brown summarized the 2002 Sanitary Sewer and Water Main Rehabilitation Project and the 2002 Storm Drainage Improvements projects. The Director of Operations and Maintenance Moore identified the need for future water main repairs. He stated staff supported this project. MOTION: Council Member Aplikowski moved and Council Member Grant seconded a motion to approve Resolution No. 02-32 A Resolution Authorizing Advertisement for Public Improvements: 2002 Sanitary Sewer and Water Main Rehabilitation Project and 2002 Drainage ! Improvement Project. The motion carried unanimously (4-0). ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JULY 8, 2002 8 � 5. PUBLIC HEARINGS None. 6. FINANCE None. 7. COMMUNITY SERVICE None. 8. OPERATIONS AND MAINTENANCE None. • 9. CITY ADMINISTRATOR'S REPORT Administrator Lynch stated the next TCAAP Open House to discuss environmental restoration would be July 10, 2002 at 7:00 p.m. at the City Hall. Administrator Lynch said if Council wanted to review further budget items, to forward those requests to him. 10. CITY COUNCIL REPORTS Council Member Grant updated Council on the recent Maintenance Facility Task Farce meeting. He suggested the City Task Force meet with a County Task Force to discuss issues and concerns. Mayor Probst requested Council be notified when the next Maintenance Facility Task Force meeting was scheduled. Council Member Aplikowski stated the Events Committee was having their last "Day in the Park - 2002" meeting this week. She requested Council decide in the near future what type of a future Day in the Park they wanted. � ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES JULY 8, 2002 9 � Council Member Rem stated she would attend the two upcoming TCAAP meetings. She stated National Night Out was scheduled for Tuesday, August 6, 2002. Mayor Probst requested Council make a decision as to which Council members would be attending the Washington D.C. meetings next weelc. After discussion, Council decided Mayor Probst and Administrator Lynch would attend the meetings and contact Council Member Larson to see if he was interested in attending, as well. Mayor Probst requested if Council Members were looking for research from staff, that those requests be requested at the Council Meetings or Work Sessions. ADJOURN Mayor Probst adjourned the Regular City Council meeting at 8:08 p.m. � Den s Probst Mayor NOTICE OF MEETINGS �� �� Joe Lynch City Administrator The next Council Meeting will be held Monday, July 29, 2002 at 7:00 p.m. at the Arden Hills Council Chambers. �