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HomeMy WebLinkAboutCC 06-27-1994 I I- I I I I I I I .- . I . . . I . .- I MINUTES CITY OF ARDENRTT.JS, MINNESOTA REGULAR CITY COUNCIL MEETING June 27, 1994 7:30 P.M. - City Hall CALL TO ORDERlROLL CALL Pursuant to due call and notice thereof, Mayor Sather called to order the regular City Council meeting at 7:30 p.m. Present: Mayor Thomas Sather; CouncUmembers Beverly Aplikowski, Dale Hicks, Paul Malone, Dennis Probst. Also present were: Brian Fritsinger, Community P1anning Coordinator; Dorothy Person, City Administrator; Terry Post, City Accountant; Cindy Severtson, Park and Rec Director; and Deanne Gueblaoui, Recording Secretary. ADOPT AGENDA Under the Consent Calendar, No. 4.f was added, Approval of Everest Development Agreement. MOTION: Aplikowski moved, seconded by Malone to adopt the June 27, 1994 agenda as revised. The motion carried unanimously (5-0). APPROVAL OF COUNCIL MINUTES The following corrections were noted: Minutes of May 23, 1994: Malone stated that these minutes could be approved in concept, subject to minor technical revisions which do not substantially affect the context. Minutes of June 13, 1994: Page 6: In the third paragraph Probst made the motion to approve Case No. 94-05. The motion under Discussion of Human Rights Commission Status was seconded by Probst. Page 7: I I. I I I I I I I I. I I I I I I I Ie I ARDEN HILLS CITY COtlNCIL - JUNE 27, 1994 2 MOTION: Malone moved, seconded by Hicks to approve the minutes of the May 23, 1994 regular Council meeting with slight revisions yet to be made that will not change the context; the minutes of the June 13, 1994 regular Councl1 meeting with the above-noted correctionSj and the minutes of the June 16, 1994 Council work session as submitted. The motion carried 1IIlaIIimously (5-0). CONSENT CALENDAR MOTION: Hicks moved, seconded by Maione to approve the Consent Calendar as amended and authorize execution of all necessary documents contained therein. Motion carried unanimously (5-0). a. No Parking Sign Recommendation - Floral Park area b. Employee Insurance Plan - 7/1194 to 6/30/95 . Approving incxeasecI rates for dental, life and health including the health plan change to SelectCare c. Contract for Project Management - TCAAP d. TtaIlsfer Two 1994 Pavement Management Assessed. Properties from Assessment Ron (1994 RECON. 8 YEAR). - Auditor No. 6418 to Assessment Ron (1994 RECON. S YEAR) . Auditor No. 6408 e. Approve Claims and Payroll f. Approval of Everest Preliminary Development Agreement PUBUC COM'ME'NTS Mayor Sather opened the meeting to public comment on items not on the agenda for the meeting. There were no public comments. :l2m'mISBED AND NEW auslNESs a. PUBUC WORKS. A REQUEST BY THE ARDEN MANOR OWNER FOR A CO.NNECTIQl'!lTO CITY WATER Person stated that the Public Works Superintendent was unable to be present because of illness. She stated that the owner of Arden Manor Mobile Home Park has requested a standby coMection to the city water system. The piping is in place, and it is proposed by the City that the cost be absorbed by the owner, as in other business or residence water cOMections. The MiMe90la Health Department has reviewed and would approve this standby cOMection. MOTION: Malone moved, seconc1ed by Hicks, to authorize staff to provide the owner of the Arden Manor Mobile Home Park with cost estimates for a standby I I. I I I I I I I I. I I I I I I I I- I ARDEN HILLS CITY COUNCIL - JUNE 27, 1994 3 connection to the City water system. Discussion: Probst agreed that it would be very desirable to have the mobile home park connected to City water on a permanent basis. According to staff, there are a few isolated homes in the City with their own well water. The City has no authority to require connection to City water and can only encourage residents to take advantage of City water service. Aplikowski asked why the owner does not wish to connect to City water permanently. Mr. Francis Husnik, owner of Arden Manor Mobile Home Park, stated that the property has always maintained two wells. In 1983, they were advised by the State Board of Health that one of the two wells was contaminated. Under state supervision the well was plugged. A new one was dug at a depth of approximately 875 to 900 feet. Recently, notice was received that they can no longer use the well that is 400 feet deep for a standby connection. It was his understanding that the Army would supply a backup well. The Army has now advised connection to Arden Hills City water for a backup system. The motion carried unanimously (5-O). Person stated that Mr. Husnik has agreed with staff to come to the July 11, 1994 Council meeting to discuss the issue of the swimming pool. Hicks stated that he is not happy about the swimming pool and requested that Mr. Husnik come to the July 11 meeting with a specific plan. Arden Manor was notified to prepare a plan within 30 days, which is tonight He agreed to delay the matter until the July 11 meeting but emphasized that the situation is unfair to the tenants who are paying for a pool and are missing the summer's use of it. Mr. Husnik stated that the pipes in the pool are broken. They did not find out the pipes were broken until they tried to drain the pool at the end of last summer. Hicks noted that it was not until spring that Arden Manor requested a modification of the special use permit. Fritsinger stated that staff did follow up on the Council's request to notify Arden Manor management by letter about a meeting tonight with a copy to Mr. Husnik. When he contacted Mr. Husnik by phone to make sure he would attend this evening's meeting, Mr. Husnik stated that he had neither received the letter from staff nor from the park's management. It was agreed then to postpone this discussion until the July 11, 1994 meeting. I I. I I I I I I I I- I I I I I I I I. I ARDEN DIU." CITY COUNCIL - JUNE 27, 1994 4 b. PLANNING COMMISSION RECOMMENDATIONS CG REIN - SITE PLAN REVIEW APPROY AL RECOMMENDED FOR SIGNAGE PLAN - PLANNING CASE NO. 94-11 Fritsinger stated that the applicant is requesting a change to the signage plan which was approved as part of the site plan review in 1984. The change is only for bay Nos. 16, 17, and 18 of the complex which are occupied by Davanni's. The applicant is proposing a sign that would extend across those three bays. The signage plan requires that signs not be larger than 50 square feet. This deviation from the plan would only be allowed for Davanni's, the major tenant of the mall. The Planning Commission has unanimously recommended the proposal to the City Council. MOTION: Probst moved, seconded by Malone to approve Planning Case No. 94-11, with noted changes to the signage plan at Shannon Square, subject to the conditions outlined in the memo from the Planning Commission, dated May 26, 1994. The motion carried unanimously (5-0). DA V ANNJ'S - SUP REOUEST FOR APPROY AL OF A SIGNAGE CHANGE FOR A WALL GRAPIDC - PLANNING CASE NO. 94-12 Fritsinger stated that the above motion approving the signage change would allow for a Special Use Permit (SUP) applied for by Davanni's for a wall graphic neon strip to run the full length of bay Nos. 16, 17 and 18. This graphic does not move, flash or rotate; it is just a neon strip sign. The Planning Commission has recommended approval of this request with a number of conditions: 1) the sign shall not move or be animated; 2) the SUP shall be limited to bay Nos. 16, 17 and 18; 3) the sign shall be subject to the conditions identified in the Shannon Square signage plan; 4) the graphic shall be allowed only as long as Davanni's is the tenant of bay Nos. 16, 17 and 18. MOTION: Malone moved, seconded by Probst, to approve Planning Case No. 94-12, a Special Use Permit for Davanni's to put up a neon wall graphic under the constraint of the conditions set forth by the Planning Commission and by staff's memo dated May 26, 1994. The motion carried unanimously (5-0). RYDER - ZONING AMENDMENT - REOUEST TO ALWW THE SCHOOL BUS TERMINALS TO OPERATE IN THE R-l DISTRICT BY SUP AS RECOMMENDED I I. I I I I I I I I- I I I I I I I I. I ARDEN HILLS CITY COUNCIL - JUNE 27, 1994 BY THE PLANNING COMMISSION - PLANNING CASE NO. 93-15 5 Fritsinger stated that the applicant is requesting that the zoning ordinance be amended to allow a bus terminal under R-l Zoning District at 1901 West County Road F. This proposal was reviewed by the Planning Commission in January with ongoing discussions over the last six months. The Planning Commission had a deadlock vote of 3/3 to amend the ordinance earlier this year. Staff was requested to refine the ordinance amendments and return them to the Planning Commission for review. The City Council did amend the Land Use Plan from an industrial area to low density residential. The revised amendment was approved by the Planning Commission and allows for the bus terminal to continue operation at the present site. Any changes to the tenninal will be limited to that site only, and not in any other R-l districts. No other R-l Zoning Districts shall be affected. The Planning Commission made one minor change to further define the site as a school bus terminal to be associated with the transportation of students, not an MTC bus tenninal. The zoning ordinance requires that the bus terminal location be located within 300 feet of a general education school and on an arterial or collector street. The present site is the only one known to qualify within the City. The Planning Commission approved this zoning ordinance amendment on a three to two vote. The commissioners who voted no stated that they believe the district should be zoned R-2 or R-3. Probst stated that he would favor the amendment, but he is concerned about improvements that are needed to the site and is unsure if the City can legally require an acceptable level of improvement to the facility. To go forward with this zoning ordinance amendment seems to be the solution to give the City the most control possible over the situation. Hicks asked if a location near Bethel College would qualify as a proper education facility, as there is space near the college. Fritsinger responded that a college is considered to be a higher education school rather than general education. Aplikowski stated that action by the City will improve the facility, and the operation will be contained to a reasonable level for the neighborhood. She asked what advantage there would be to zoning the district R-2. Fritsinger stated that it is a long-term view of the site. If the bus terminal were to leave, the question would be whether the area should be developed with single family homes or a higher density. MOTION: Hicks moved, seconded by Malone to approve Planning Case 93-15, that modifies the R-l district to allow a SUP for the school bus terminal, located at 1901 West County Road F, subject to the recommendations of the Planning I I. I I I I I I I I- I I I I I I I I. I ARDEN HILLS CITY COUNCIL - JUNE 27, 1994 6 Commission. The motion carried unanimously (5-0). ANDERSON VARIANCE REOUEST - PLANNING CASE NO. 94-15 Fritsinger stated that the applicant submitted a 6- foot sideyard variance plan for a garage at their home on Floral Drive last fall. The Planning Commission denied the application due to lack of hardship. The applicant !tas revised the plan to a 3-foot sideyard variance. The applicants state that reasonable use of the PUJ!",rty by today's standards is not possible because of the house location and being limited to a single car garage. The applicant bas completed a recent survey which indicates that the home location is not where the building permit indicates. One building permit shows a 13-foot setback on the west. A different pennit shows different dimensions. The survey found that both of the pennits are incorrect. There is, in fact, a 17-foot setback on the west side and 6 feet on the east side. The applicant and adjacent neighbor have observed the wrong property line for many years. After considerable time, the applicant, working through an attorney, was able to propose an alternative solution in the fonn of a Boundary Line Agreement to act as a lot split but without any change in ownership. City Attorney Filla has reviewed the proposal and has indicated that the Boundary Line Agreement is a reasonable solution to the problem. The placement of the house can be recognized as a hardship. Fritsinger stated that the survey also indicated a discrepancy on the correct right-of- way in the front yard. Both the City's map and the applicant's detailed abstract show the right-of-way to be 30 feet. The County shows it to be 33 feet. No one bas an explanation for the additional three feet. The Planning Commission decided that because the right-of-way is unclear, the applicant only needs to address the sideyard variance. The Planning Commission gave unanimous approval to the three-foot sideyard variance on the basis that the improper house location stated on the building permit constitutes a hardship. Hicks asked if the Boundary Line Agreement is now in place with the neighbor and how it will affect future, potential development. Mr. Anderson, owner of the property, stated that the Agreement was fi1ed with Ramsey County last Friday, June 24, 1994. The agreement specifies that the Andersons and Johnsons and their successors shall adhere to the Agreement forever more. The conditions of the Agreement shall go with the sale of the property. Malone commended the Andersons for working out this solution. MOTION: Hicks moved, seconded by Aplikowski to approve Planning Case No. 94-15, to grant a three-foot sideyard variance on the basis that the home is inappropriately placed relative to the original building permit, and the fact that I I. I I I I I I I I- I I I I I I I I. I ARDEN HILLS CITY COUNCIL - JUNE 27, 1994 7 a Boundary Line Agreement with the neighbor to the east has been reached to minimize the variance request. The motion carried unanimously (5-0). SITE PLAN REVIEW - RAMADA - PLANNING CASE NO. 94-10 Fritsinger stated that in 1993, the City approved an outdoor patio for the Ramada Inn adjacent to McGuire's. Approval was subject to several conditions and a one-year review period. The applicant has now requested approval for the patio with one additional condition, which would be to eliminate ~e sidewalk required along the south side. The sidewalk Was primarily included to help delineate fire lanes. The existing sidewalk on the east side ends at the front entry, and there is also a small sidewalk on the west side. A sidewalk on the south would not connect to either of the existing sidewalks. In checking with the Fire Chief and Code Enforcement Officer, a sidewalk would not be required if the fire lane is adequately identified. Recently the parking lot was completed with asphalt and restriping. The landscaping requirement will be done as part of a change in franchise from Ramada Inn to Holiday Inn. Staff has found no documentation of concern or complaint regarding the patio proposal and recommended approval to the Planning Commission with the exclusion of item No. B, a sidewalk on the south side. After a lengthy discussion, the Planning Commission approved the site plan, subject to the conditions listed in the Planning Commission minutes of June I, 1994, on page 16. Probst asked if the landscaping would be done on work that is approved but not proceeding. Fritsinger stated that the Planning Commission did not discuss that issue. They stipulated that the landscaping plan be submitted to the City by September I, 1994. Aplikowski asked if that is a realistic deadline with the changeover in management. Fritsinger stated that Planning Commissioners asked the same question, and the applicant has stated that the improvements can be completed by September I, 1994. MOTION: Probst moved, seconded by Aplikowski to approve Planning Case No. 94-10 for an outdoor patio at the Ramada Inn, subject to the conditions outlined by the Planning Commission. The motion carried unanimously (5-0). ADMINISTRATOR COMMENTS As a point of information, Person referred Councilmembers to the report on street improvement prepaid assessments that was included in the Council packet. I I. . I I . I . . .- I I I . I I I .- I ARDEN HILLS CITY COUNCn. - JUNE 27, 1994 8 Person noted that the construction of the TCAAP interceptor is underway for waste control. The City will maintain an interceptor connection for possible reimbursement at a future time. Person requested the Council's intentions for filling the two vacancies on the Planning Commission. Applications have been received from Christine Anderson, Greg Larson, and Brent Nelson. Only one additional application was received. Probst noted that at a previous meeting mention was made of two other individuals who may be interested. Fritsinger stated that the two outstanding individuals were notified by letter of the Council's intention to fill the vacancies. Neither has responded, so it is staff's understanding that there is no interest at this time. Hicks noted that the Council has not accepted Mr. Ray McGraw's resignation. He has indicated that he will serve until a replacement is appointed. MOTION: Aplikowski moved that Christine Anderson be one of the appointees as a member of the Planning Commission because of her ability and interest as shown by her efforts for her own property. Mayor Sather noted that typically appointments are made by the Mayor and ratified by the Council. Since he will not be serving after this meeting, he felt it appropriate to step back from these appointments. He suggested perhaps Councilmembers would wish to interview the candidates more formally which would be in the purview of the four remaining Counci1members. Aplikowski withdrew her motion. Probst stated that the issue is made more difficult with three candidates and two positions. He agreed it would be good to learn more about the qualifications of each one. He also expressed concern that the Commission has been short a full commission for two months and he would like to see appointments made for the July meeting. Mayor Sather suggested that it may be appropriate to accept the resignation of Commissioner McGraw to create the second vacancy. MOTION: Hicks moved, seconded by Aplikowski to accept Mr. Ray McGraw's resignation from the Planning Commission, effective June 30, 1994, with direction to staff to send him a letter of appreciation for his years of service. The motion carried unanimously (5-0). I I. I I I I I I I I. I I I I I I I I.. I 9 ARDEN l"T.r .1Il CITY COtlNCIL. JllNE 27, 1994 Aplikowsld asked if the Council would like to inte:view the three candidates. Malone stated that would be his preference. The Planning Commission deals with many complex matters of real estate law and other issues. It is important that the appointees have a good understanding of planoing issues and what the City is trying to accomplish. Mayor Sather instructed staff to arrange 20-minule interviews with the three candidates at the Iuly 20, 1994 Council work session. By consensus of the Council, it was agreed that proper notice has been given for the Planning Commission vacancies and should additional applications be received, they would not be considered at this time. COtlNCIL COMMENTS Probst announced a tour of the new TCMP cleanup process Wednesday morning, Iune 29, 1994, which he plans to attend. Probst noted the information from the Metropolitan Council reprding popu1atl.on estimates. He requested staff to review the information to verify the accuracy of the numbers because, on the basis of population, the City is often evaluated negatively In terms of need for pnlf'essional services, and funding. Malone noted that there are less than three people iI1 the average household size and less than 3,000 households in the City. He agreed with Probst's request that staff review the figures for accuracy. Apllkowski stated that last year the Council did give support to the Moundsview Community Theater. There were no complaints. It is her understanding that the whole Council must act together on this matter. Person stated that support can be given by Individual Counci1members or as a group. Hicks stated that he does not see the benefit to the City to advertise through the Community Theater. It is his personal preference not to contribute but he would defer to the Council's wishes. . Consensus of the Council was to not make a financial contribution to the Moundsview Community Theater this year. Hicks stated that he has talked to City Treasurer Post and already the Community Service Fund is not performing as hoped. There is only $10,000 in revenue which I Ie I I I I I I I Ie I I I I I I I Ie I ARDEN RIT.UI CITY COUNCIL. JllNE 27, 1994 may significantly impact the propm fund. Person referred Counci1members to the memo from MSA regarding rerouting the storm sewer on Amble Drive. It is Council's opinion that the Wlmlltl>J1 cost of $70,000 would be too high for too little benefil 10 Probst noted that residents on Amble Drive were told that the Council would fonow up on the storm water issue. He requested that staff inform residents of the results of the evaluation and the cost. If residents wish to pursue the matter as a neighborhood improvement, the Council would be willing to support that venture. MaIone stated that when the lake was pumped in Arden Manor Park, the City paid for most of the cost. The homeowner's association was going to establish a permanent fund for the pumping station, which has never been done. He requested that the City's minutes from 1986 be researched to remind residents of the status of this issue and that the City indicated at that time that it would not pump the lake again. Mayor Sather stated that twice residents have come to the City and requested that the lake be pumped, which the City has done. Upon request by the Council, an association of homeowners around the lake was to be formed. It is important to convey this message to them. The Council is wUllng to work with them in this common cause. By consensus of the Counell, it was agreed that residents would be provided with copies of the information from the evaluation estimate and copies of the relevant 1986 minutes. Hicks thanked Mayor Sather for his many years of service to the City of Arden Hills and the broad leadership he has brought to the City by streamUnhlg City bll~~S in an efficient manner. He will be greatly missed and he wished him the best of luck. MOTION: Hicks moved, Malone seconded a motion to appoint CouDci1member Probst as Mayor of Arden Hills, effective Iu1y I, 1994. Mayor Sather opened the floor for comments or questions. With none, the vote was taken. The motion carried. Abstain - 1 (Mayor Sather) Probst stated that it is important that the Acting Mayor position be filled, as he will miss the first City Council meeting in Iuly. As the fanner Acting Mayor, he requested that Mayor Sather appoint Councilmember Aplikowsld to fill the position of Acting Mayor through December 31, 1994. Ayes - 4 Nays - 0 I I- I I I I I I I I- I I I I I I I I- I ARDEN HILLS CITY COUNCIL - JUNE 27, 1994 11 Mayor Sather appointed Councilmember Aplikowski as Acting Mayor, effective July I, 1994 through December 31, 1994. MOTION: Malone moved, Hicks seconded a motion to ratify the appointment of Counci1member Aplikowski as Acting Mayor, effective July 1, 1994 through December 31, 1994. The motion carried (5-0). Mayor Sather expressed deep appreciation for Councilmembers' support through the years. He thanked present and preceding Councilmembers for their unwaivering support. He thanked staff for their support of the entire Council. Most importantly, he thanked the residents of Arden Hills for the privilege to serve them. Probst stated that on behalf of the Council and the City of Arden Hi1ls, it is his privilege to read the following proclamation to Mayor Sather: WHEREAS, the City of Arden Hi1ls wishes to recognize the efforts and accomplishments of its Mayor, Thomas Sather, upon his retirement from the position of Mayor; and WHEREAS, Tom Sather has volunteered his work and efforts on the City Parks Committee from 1979 - 1984; and WHEREAS, Tom Sather has shown further commitment to the City in serving as Councilmember from 1985 - 1988; and WHEREAS, additional leadership and desire to serve the community have been exhibited through his further role as Mayor from 1989 to 1994. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arden Hills, Minnesota hereby wishes Mayor Tom Sather the best in his new endeavors and thanks him for his dedication to the ongoing improvement in the quality of life in Arden Hills. BE IT HEREBY PROCLAIMED TInS 27rH DAY OF JUNE 1994. I I. I I I I I I I Ie I I I I I I I I. I ARDEN HILLS CITY COUNCIL - JUNE 27, 1994 ADJOURN MOTION: 12 Hicks moved, seconded by Aplikowski to adjourn the meeting at 8:50 p.m. The motion carried unanimously (5-0). ,:~ City Administrator ~ 1.44-- Thomas R. Sather, Mayor NOTICE OF MEETINGS: The next regular Council meeting will be held July 11, 1994, at 7:30 p.m. at City Hall. . " . .- . . . . . . .e . . . . . . . .e . > . ... MINUTES CITY OF ARDEN HILLS, MINNESOTA SPECIAL WORKSESSION JUNE 27, 1994 6:00 P.M. - NEW BRIGHTON CITY HALL COUNCIL CHAMBERS CALL TO ORDERlROLL CALL Pursuant to due call and notice thereof, Acting Mayor Probst called to order the City Council worksession at 6:02P.M. Present: Mayor Satl1er, Councilmembers Beverly Aplikowski, Paul Malone, and Dale Hicks; City Administrator Dorothy A. Person; City Accountant, Terry Post; Community Planning Coordinator, Brian Fritsinger and; City Development Attorney Robert Deike. Appearing before the Council on behalf of Everest Development, Ltd. were Robb Davidson, Tim Nelson, and Jim Casserly, financial consultant. The preliminary development agreement was reviewed for potential development of tl1e Gateway Business District in Arden Hills. Nelson reviewed that tl1e City and Everest have considered possible development of the Rmmd Lake area for approximately a year and a half. There have been various reasons for this consideration taking longer than was hoped, including one of the Everest partners leaving the firm. At this time Everest would like to ask the Council to consider discussing their concept development proposal and the proposed preliminary Development Agreement. The agreement includes a 90 day submission period for a number of documents to assist the Council in its consideration of this project. Everest requests that pay-as-you-go tax increment financing be used to assist with the development of seven buildings, to reimburse TIF costs, including land acquisition, soil correction, site improvements, etc. Everest requests the City consider the issuance of tax increment bonds to finance the installation of public improvements for the project. Financial consultant Casserly anticipates that the tax increment generated by the development of the first two buildings will cover the City's debt service on the bonds. Everest requests the City assist in the development of the 12 acre "signature building" site for office and/or corporate headquarter purposes. This site currently has an industrial building on site. Everest states they will aggressively market the site but that timing will depend on the market and the level of assistance available from the City. Everest believes that the tax base created with this development will benefit all taxing districts. In 1989 when this district was created, the tax rate for calculating tax increment was frozen at the then current tax rate of89.38l%. Currently the tax rate is 132.142. These additional taxes will I I I- I . . . . I .e I . I I . . I .e . , . Minutes for Special Meeting, 2 June 27, 1994 be available to the taxing jurisdictions immediately. Normally a TIF district must terminate before any increase in taxes is realized. For every $1.00 of taxes generated, approximately 38 cents is immediately available to the City, County, School district and any other special taxing entities. Council discussed further the proposal, including review of infrastructure improvements needed, the potential cost and whether the pay as you go concept should be limited to this area. The current property owners will be directly contacted by Everest. Probst urged the Developer to recall the discussions held earlier re: the need to not develop a warehouse district only. He stated tl1e design framework plan needs to be reviewed. Malone stated that he was not sure how the A TS would react to this type of proposal. He was unaware of the costs that might be affiliated. Nelson added that this area may take some time and that they ask for flexibility with tl1e City in this portion of the development. Council stated it remained open to discussing further the various financing terms, but that it was cautious in the issuing of bonds. They had only previously considered the pay as you go concept. Hicks noted the comments re: negotiation of the contract This allows for the City or the Developer to pull out of further discussions if at anytime either party does not comply with tl1e terms of tl1e contract, or for otl1er reasons identified in the contract. Fritsinger noted tl1at should tl1e City enter into a contract, it also agrees to not negotiate witl1 any other third party. Malone questioned the Developers understanding of paying costs. Fritsinger indicated that the Developer had paid $2,500 to date and will be depositing another $2,500 to cover costs upon execution of the contract to cover city costs. The Council concurred that this Preliminary Developer's Agreement is a viable alternative and that it would be added to tl1e consent calendar for this night's Council meeting action (June 27, 1994) to approve the Agreement. Staffwill inform the Council of any further developments. Dorothy Person, City Administrator