Loading...
HomeMy WebLinkAboutCC 12-15-1997 MINUTES CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL MEETING . DECEMBER 15, 1997 7:30 P.M. - ARMY RESERVE CENTER CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the special City Council meeting at 7:33 p,m. Present: Mayor Dennis Probst, Councilmembers Beverly Aplikowski, Dale Hicks, Susan Keirn and Paul Malone, Also present were City Administrator, Brian Fritsinger; City Accountant, Terry Post; Community Development Director, Kevin Ringwald; Public Works Superintendent, Dwayne Stafford; and Recording Secretary, Ruth McLaurin, ADOPT AGENDA MOTION: Councilmember Aplikowski moved and Council member Keim seconded a motion to adopt the revised agenda for the December 15, 1997, Special City Council meeting as presented. The motion carried unanimously (5-0). . APPROVAL OF MINUTES A. December 4, 1997 Truth - In - Taxation Meeting Councilmember Malone indicated the following changes to the December 4, 1997 Truth - In - Taxation Meeting minutes: Page 2, paragraph 6: Replace "residential" with "commercial", Page 5, paragraph 6: replace "projects that come on board" with "future development projects". MOTION: Council member Aplikowski moved and Councilmember Hicks seconded a motion to approve the December 4, 1997, Truth - In - Taxation Meeting minutes as amended. The motion carried unanimously (5-0). CONSENT CALENDAR A. Claims and Payroll B. Adopt Official 1998 Meeting Calendar . C. Designation of Official Newspaper for 1998 MOTION: Councilmember Hicks moved and Councilmember Aplikowski seconded a motion to approve the Consent Calendar as submitted and authorize execution of ARDEN HILLS SPECIAL CITY COUNCIL - DECEMBER 15.1997 2 . all necessary documents contained therein. The motion carried unanimously (5- 0). PUBLIC COMMENTS Mayor Probst invited those present to come forward and address the Council on any items not already on the agenda. There were no public comments, UNFINISHED AND NEW BUSINESS A. Resolution #97-60, Clarifying Final Sums of Money to be Levied for Levy Year 1997, Payable in 1998 Mr. T eITY Post, City Accountant, noted the information presented to the Council identifies the proposed levy discussed in earlier hearings held by the Council. In discussions held in previous hearings, the Council indicated it was comfortable with this amount. This resolution clarifies the final sums. MOTION: Councilmember Malone moved and Council member Aplikowski seconded a motion to adopt Resolution #97-60, Clarifying Final Sums of Money to be Levied for Levy Year 1997, Payable in 1998. The motion carried unanimously (5-0). . B. Resolution #97-61, Accepting the 1998 Final Budget Mr. Post provided information to the Council regarding the 1998 budget. He presented a brief overview of significant changes from the preliminary to the proposed budget as follows: 1. The 1998 Pavement Management Program (PMP) General Funds Costs of $196,200 (preliminary figures were $192,00) are now consistent with the project scope discussed at the December 8, 1997 Council meeting. 2, Planning Consultant fees have increased $8,000 to reflect possible scope change orders on the Comprehensive Plan update project. The $8,000 grant from the Metropolitan Council to fund this activity is also reflected as a 1998 General Fund revenue source. 3. A new Debt Service Fund has been created to reflect a planned $3,050,000 bond issuance for Gateway public improvements. Earlier, it was assumed that this issuance would occur in 1997. Mr. Post noted the schedule provided to the Council for informational purposes. He indicated he would answer any questions the Council might have, due to the fact he was not present at the presentation of the preliminary budget. . Mr. Post pointed out Attachment A within the Special Revenue Funds, Of the $176,275 expenditure in the Cable TV fund, $150,000 is being used as a funding source for the City Hall facility. ARDEN HILLS SPECIAL CITY COUNCIL - DECEMBER 15. 1997 3 . MOTION: Councilmember Malone moved and Councilmember Hicks seconded a motion to adopt Resolution #97-61 Accepting the 1998 Final Budget. The motion carried unanimously (5-0). C. Gateway Business District 1. Change Order #2 Mr. Dwayne Stafford, Public Works Superintendent, indicated the reason for Change Order No. 2 was the grade change of the roadway. The mass grading was originally planned to be completed by the developer. The revised project plans require that approximately 18,000 cubic yards of soil be imported to construct the roadway, In addition, City staff has added 5,000 cubic yards of imported fill material to the contract in order to replace poor materials encountered during the excavation for the deep sanitary sewer. Mr. Stafford indicated the City Engineer recommends approval of Change Order #2 in the amount of$193,726,50. Mr. Stafford indicated much of the costs are incurred in transporting the materials to the site. Mr. Brian Fritsinger, City Administrator, noted most all of the costs have been previously discussed and are issues that were understood going into the project. COlillcilmember Hicks asked for clarification, Mr. Fritsinger noted the costs were due to the change in the grade and not part of the original estimate. . Mayor Probst inquired if the Change Order was on a unit basis. Mr. Post indicated it was, MOTION: Councilmember Hicks moved and Councilmember Keirn seconded a motion to approve Change Order #2 in the amount of $193,726.50 The motion carried unanimously (5-0). 2. Lametti & Sons, Pay Estimate #1 Mr. Stafford indicated the City awarded Lametti & Sons, Inc. the Gateway Business District 14th Street Northeast project and approved Change Order #1. Mr. Stafford noted Lametti & Sons has performed clearing and grubbing work and is currently constructing the sanitary sewer main along proposed 14'h Street. Mr. Stafford indicated the City Engineer recommends Council approve Pay Estimate #1 for Lametti & Sons, Inc. in the amount of $90, 171.43. He noted a retainage of 5% is being held for the proj ect. Mr. Post advised how this item would be temporarily internally funded since bonds have not yet been issued. MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a . motion to approve payment of Pay Estimate #1 to Lametti & Sons, Inc. in the amount of$90,171.43. The motion carried unanimously (5-0), ARDEN HILLS SPECIAL CITY COUNCIL - DECEMBER 15.1997 4 . 3. Sales and Purchase Agreement/Statement ofIntent, Naegele/Morris Communication Corporation Mr. Kevin Ringwald, Community Development Director, indicated the Council initially reviewed the Sales and Purchase Agreement with Morris Communication Corporation (aka, Naegele) in September, 1997. Morris subsequently rejected the agreement as a result of the changing nature ofthis proj ect. Mr. Ringwald indicated after numerous meetings with Morris, Staff feels the proposed agreement is as close as they are able to reach to a document which meets most ofthe City's objectives. He noted the Statement of Intent and Sales and Purchase Agreement has been approved by Morris officials, These document have been altered significantly and, as a result, the Council is being asked to review thcm once again, He noted the basic points have not changed. Mr. Ringwald reviewed the changes. He pointed out Morris has requested that the language be made more specific to each sign. Specifically, the height restrictions. The incorporated language is such that it will allow the signs to be raised to the heights identified in the Sales and Purchase Agreement, which notes up to a 10-foot increase to Billboard #3 and up to a 20-foot increase to Billboard #4. Mr. Ringwald did note that it is the intent of both parties to work with other parties to try and reduce these increases. It is most beneficial and profitable ifthe signs remain at the current height, but if there are conflicts, they would like some flexibility, . Mayor Probst inquired as to what effect it would have on the process if the Council made substantial changes, Mr. Ringwald indicated it would halt the process and Morris would again need to review it. Mr, Ringwald indicated he did not believe there was more to gain by additional changes. He stated he was confident Staff and the City Attorney have reviewed the documents and made as many changes as Morris would accept. Mayor Probst inquired if the Statement ofIntent was exclusive. Mr. Fritsinger indicated the City was not bound exclusively to Morris, and the City Attorney had assured Staff there was flexibility in the documents. Councilmember Hicks noted, for clarification, it would not be in the best interest of Morris to absorb the cost of raising the signs if thcy were going to sell the property. Mr. Ringwald indicated that would be true, but Morris is not intending on selling the portion of property where the signs are located. Mr. Ringwald indicated he wished to present the worst case scenario for the Council. The Council needs to be comfortable with the possibility of the signs being raised. Morris does not wish to raise the signs, due to profitability, but if they are unable to work with surrounding property owners regarding trees and other obtrusions, they want to have the flexibility to raise the SIgns. . Mayor Probst indicated he did not feel comfortable with the agreement and would like to see the previous agreement. He understood the changes to be only those mutually agreed to but he was hesitant to approve the agreement. Mr. Ringwald noted that page 12 of the document does ARDEN HILLS SPECIAL CITY COUNCIL - DECEMBER 15 1997 5 . indicate "mutually agreed changes," So, any further changes would have to be mutually agreed to by both parties. Mayor Probst expressed concern for raising the height on Billboard #3. Mr. Ringwald indicated their consultants have expressed the same concerns but, with the visual effects of trees, etc. they want some flexibility, Mr. Ringwald assured the Council if there was an option to strengthen the language in the agreement, Staff explored it. Councilmember Aplikowski concurred with Staff to bring this issue to a close and prevent any further attorney's fees. MOTION: Councilmember Aplikowski moved and Councilmember Keirn seconded a motion to approve the Statement of Intent and Purchase Agreement with Morris Communication Corporation substantially in the form presented, subject to nonsubstantial changes being approved by the City's Attorneys and City Administrator, and authorize the Mayor and City Administrator to execute all necessary documentation. The motion carried (4-1). Mayor Probst opposed. 4. Sales and Purchase Agreement, Welsh Development Company, LLC Mr. Fritsinger indicated Council previously approved the Sales and Purchase Agreement with . Welsh, Since that time, substantial changes have been made to the agreement and Staff would like the Council to review these changes, Mr. Fritsinger pointed out the change in site plans and eXplained discovery from construction and financing requirements have caused many issues. During this time, Welsh representatives raised the issue of not having sufficient financing to deliver $311,115 in cash or certified check at closing, They proposed having an immediate write down to $49,710 at the time of closing. City representatives objected to this proposal. Mr. Fritsinger indicated Staff negotiated additional language under Section 2 of the agreement which meets the spirit of the original purchase price and addresses both party's concerns, giving the City a check of $49,000 at the time of closing and obtaining a note from Welsh, along with a personal note from the president of Welsh. Mayor Probst inquired if this was just a mechanism to make what the City had agreed to work. Mr. Post indicated that would be correct. Mayor Probst asked if there was any concern that Welsh would finance the balance, Staff did not have any concerns. Councilmember Malone indicated it was already guaranteed the money would be spent on the brick and, basically, the value ofthe property had increased from the assessed value. Mr. Post stated he would concur. . Councilmember Hicks commented on the good job which Staff had done to ensure the safety of the investment ofthe City. ---. ..----- ARDEN HILLS SPECIAL CITY COUNCIL - DECEMBER 15.1997 6 . MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a motion to approve the Sales and Purchase Agreement for the sale of property to Welsh Development Company, LLC substantially in the form presented, subject to nonsubstantial changes being approved by the City's development attorney and City Administrator. The motion carried unanimously (5-0), 5. Planning Case #97-06, Welsh Companies, Final Plat Extension Mr. Ringwald indicated given the delays on the developer's side and on the City's side, the date to record the plat slipped by both parties. It is anticipated that the plat will be recorded within the next 60 days. Mr. Ringwald indicated Staff recommends the re-approval of Planning Case 97-06 for an additional 60 days, based on the applicant's and the City's belief the plat will be filed within this time period. MOTION: Councilmember Hicks moved and Councilmember Keirn seconded a motion to approve Planning Case #97-06, Welsh Companies, for an additiona160 days (Friday, February 13, 1998), based on the applicant's and the City's belief the plat will be filed within this time period, subject to the conditions of approval as stated in the City Council's approval of Planning Case #97-06 on September 22,1997. . The motion carried unanimously (5-0). D. Planning Case #97-56A, Electing To Continue Participation in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act Mr. Fritsinger noted Staff is requesting the Council to approve Resolution #97-56A which includes the housing goals for the City as part of the resolution originally adopted by the Council on November 10, 1997. MOTION: Councilmember Hicks moved and Councilmember Malone seconded a motion to approve Planning Case #97-56A, Electing To Continue Participation in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act. The motion carried unanimously (5-0), E. 1998 Pay Plan Mr. Fritsinger indicated the Council historically has amended its Pay Plan at the beginning of each calendar year, The proposed changes to the 1998 Pay Plan were discussed several times as part of the Local 49 negotiations. MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a motion to approve 1998 Pay Plan. The motion carried unanimously (5-0). . COlillcilmember Malone commented that just because the Pay Plan has been approved, it does not give any employee an automatic raise, Each City employee must meet the criteria for their individual salary increases. ARDEN HILLS SPECIAL CITY COUNCIL - DECEMBER 15.1997 7 . Mr. Fritsinger also commented due to the rising costs of insurance benefits, Staff is currently reviewing additional options for insurance plans for the City. F. 1998 Liquor License Renewals MOTION: Councilmember Malone moved and Councilmember Hicks seconded a motion to approve the 1998 Liquor License renewals as listed. The motion carried unanimously (5-0), G. Department Purchases 1. Acquisition of Digital Aerial Photography Mr. Ringwald noted the digital aerial photograph will allow for the inclusion of aerial photography as one of the layers of information used in the GIS program. Specifically, the product will allow for the quick and accurate identification of road, lake and building edges. Mr. Ringwald indicated Staff recommends the Council approve the expenditure of up to $8,292 to purchase digital aerial photography, MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a motion to authorize the expenditure of up to $8,292,00 to purchase digital aerial . photography for tile City and commence Phase I, Part 2 of the GIS program, based on the understanding that the Staff will first request the North Metro 1-35W Corridor Coalition to pay for the digital aerial photography ($6,817.00) for corridor cities and, if unsuccessful, then will utilize City funds. The motion carried unanimously (5-0). H. Codification Discussion No discussion was held at this time. ADMINISTRATOR COMMENTS Mr. Fritsinger requested a motion to oflicially reschedule the upcoming Council meeting, MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a motion to approve rescheduling of the Regular Council meeting to January 5, 1998. The motion carried unanimously (5-0), Mr. Fritsinger indicated the research regarding computers at City Hall is coming to a close. The expenditure is slated for 1997 and must be spent in 1997. Staff is hoping to have all issues resolved shortly. Staff is also looking at future concerns regarding someone to field troubleshooting for the system once in place. . ARDEN HILLS SPECIAL CITY COUNCIL - DECEMBER 15.1997 8 . COUNCIL COMMENTS Councilmember Malone inquired as to the Salt operation in the Gateway Business District. Mr. Fritsinger indicated he was unsure as to what has happened, but all salt is contained on the property of the business and they have been operating within their right-of~way. Councilmember Malone posed the question if the City should do occasional weight checks on vehicles to protect the City roadways. Councilmember Aplikowski inquired if, in the upcoming City newsletters, comments from the Youth Coalition, could be contained. Councilmember Malone expressed concern for any comments or prose that would over step the bounds of government, any expressions of religious items, etc. He would just caution the Council. Councilmember Aplikowski inquired regarding the presentation on the City Hall and Alliant Technology and where does everything stand in Washington. Mr. Fritsinger indicated Staff is working on a letter to outline and clarify the City's position regarding the property and its position related to the Arsenal. The City has been a participant in the discussions and will continue to be a player. Councilmember Aplikowski expressed a strong desire to see the City facilities completed. Councilmember Aplikowski also wished everyone Happy Holidays. . Mayor Probst noted he has met with Staff regarding committee meetings but, as of yet, not met with the various committee chairs but plans to do so in the near future, He has not made any liaison assignment yet and asked to be notified by next week if there are any requests. Mayor Probst noted his excitement at the upcoming Town Hall meeting in January and looks forward to see all there. He also requested some time be set aside on the next agenda for discussion on the Town Hall meeting. Mayor Probst briefly updated the audience on the 35W Corridor Coalition. He indicated it is the first-year anniversary and it has been very successful. Mayor Probst also wished all Happy Holidays, ADJOURN MOTION: Councilmember Hicks moved and Councilmember Aplikowski seconded a motion to adjourn the meeting at 9:06 p.m. The motion carried unanimously (5- 0). . Brian Fritsin r City Administrator ----..------ ARDEN HILLS SPECIAL CITY COUNCIL - DECEMBER 15.1997 9 . NOTICE OF MEETINGS The next special City Council meeting will be held January 5. 1998, at 7:30 p,m, at the New Brighton Council Chambers. . .