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HomeMy WebLinkAbout08.23.04 Special Council Minutes COUNCIL MINUTES SPECIAL August 23, 2004 1. CALL TO ORDER The meeting was called to order by Mayor Ristow at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Ristow led the audience and Council in the Pledge of Allegiance. 3. ROLL CALL Members Present: Members Absent: Also Present: Audience: Ristow, Fitch, Fogarty, Soderberg Cordes Joel Jamnik, City Attorney; David Urbia, City Administrator; Lee Mann, Director of Public Works/City Engineer; Cynthia Muller, Executive Assistant Terry Flower, Dave McKnight, Dan Iverson 4. APPROVE AGENDA MOTION by Soderberg, second by Fitch to approve the Agenda. APIF, MOTION CARRIED. 5. ANNOUNCEMENTS 6. CITIZEN COMMENTS 7. CONSENT AGENDA MOTION by Soderberg, second by Fogarty to approve the Consent Agenda as follows: a) Approved Council Minutes (8/16/04 Regular) (8/2/04 Special) APIF, MOTION CARRIED. 8. PUBLIC HEARINGS 9. AWARD OF CONTRACT a) Award Southeast Area Trunk Utility Pond Project Contract - Engineering Bids were opened on August 13, 2004. The Castle Rock Town Board and their engineer have reviewed the bids and concur with the low bidder. Staff is continuing negotiations with one of the property owners to obtain the property needed for the pond. The low bid was submitted by Barbarossa & Sons in the amount of$I,301,149.55. The estimate from the feasibility report was $1,429,000. The award of contract would be contingent on completing negotiations with the property owner. Staff is optimistic they will be able to come Council Minutes (Special) August 23, 2004 Page 2 to an agreement. City Attorney J amnik stated there are a few outstanding items the property owner would like to see. The City would like to have their consent and legal documents signed prior to the September 7, 2004 Council Meeting. If an agreement is not reached, the worst case would be staff backs everything off, we would seek an extension with the contractor and proceed with condemnation of the parcel which would take an additional 90 days. It would make it impossible to complete the project this fall and the project would have to be rebid. MOTION by Soderberg, second by Fogarty adopting RESOLUTION R66-04 accepting the total base bid of Barbarossa & Sons's Inc. in the amount of $1,301,149.55 and awarding the project conditioned on receipt by the City of fee title, easement, right-of-entry, or other authority to enter and construct the project in accordance with the plans and specifications. APIF, MOTION CARRIED. 10. PETITIONS, REQUESTS AND COMMUNICATIONS a) Approve Purchase Agreement to Acquire Ponding Area - Castle Rock Bank - Engineering City Attorney Jamnik stated the City has been in negotiations with the final property owner to acquire the property needed to construct one of the ponds for the Ash Street project. The negotiations have been based on the City's appraised value. The City contemplated either a cash transaction for the easement, or if an agreement was not reached for the easement, to get a right-of-entry to proceed to construct and then finalize the terms of the easement acquisition subsequent to the construction project. The property owner has indicated a lack of willingness to give a right-of-entry, they want to wrap the negotiations up. They do not want to give an easement to the City because they prefer not to retain title because of the concern over the liability that would attach to the pond. They prefer not to give the City an easement but to sell the City full title to the ponding areas. That complicates things because they have real estate transactions with neighboring property owners that affect the City's transactions. They want to try to resolve those before they settle with the City. None ofthose transactions impact the ponding area, but do affect their overall parcel. The City's offer for a cash transfer of actual acquisition ofthe purchase price, they indicated a preference for the City to put in a change order and extend sewer and water down to the front of the building in case they want to connect at a later date. They could annex and connect much faster than ifthey had to petition to annex and do a construction project to actually extend the line. The City needs to finalize with them the numbers comparing the appraised price to the extension of sewer and water lines. The City will try to resolve the four matters listed in the City Attorney's letter. One issue that is very difficult is the term they would like to have a zoning letter or commitment that the vacant lot would be a buildable commercial lot if it should come into the City limits. The City cannot make a promise on what the zoning ordinance would allow for a lot that is zoned 5-10 years in the future. If they insist on that term, an agreement will not be reached. The City cannot promise something they cannot deliver 5-10 years in the future. Council Minutes (Special) August 23, 2004 Page 3 Mayor Ristow stated the practice has been that anything that comes in from the townships is usually agriculture and it is rezoned to what is near it. City Attorney J amnik stated the normal procedure is to zone raw land as agriculture-open space and then rezone it to whatever the use would be. However, if developed land comes into the City, the practice has been to give it a zoning designation very close to the existing use. As it is currently a commercial use and a highway, it is likely the City would zone it highway commercial. The City cannot make a commitment to that or commit what the terms would be such as side or rear yard setback requirements would be 10-15 years in the future. We cannot bind future Councils to that degree, because they can legislatively change ordinances. The current Council cannot be bound legislatively and future Councils cannot be bound legislatively. Mayor Ristow asked if once they grant the City right-of-entry is the City responsible for it. City Attorney Jamnik replied the City would be responsible for it and the right-of-entry would be subject to an easement acquisition or a purchase. They would be giving the City permission to start the construction project. City Attorney Jamnik recommended a motion approving the purchase agreement and endorsing what has been put on the table so far, with the understanding it is likely to come back in some modified form. The City does acquire easements or title to property for the fair market value. On the other hand, the City does not confer an additional benefit by providing free sewer and water connections. The cost of the extension in all permits and fees normally charged to the owner is approximately equivalent to the estimated acquisition pnce. Councilmember Soderberg stated City Attorney Jamnik indicated if we cannot come to an agreement, we would have to proceed with eminent domain action. That is a township property. He asked if the township has agreed to assist and if they would be the ones to take that action. City Attorney J amnik replied no, in the Joint Powers Agreement it is contemplated that easement acquisitions would be undertaken by the City. The township has agreed to support us in following through with those procedures. As far as condemnation, the City does not need their consent, it has been provided in the Joint Powers Agreement. Councilmember Fitch noted the letter states the City will not impose any fees at this time or in the future. He asked if the normal SAC and other fees have been calculated into the price. City Attorney Jamnik replied correct. With that price it is roughly equivalent with what the appraised value is. Councilmember Fitch asked if the Water Board agreed with waiving their fee. City Attorney J amnik stated that has not been discussed with the Water Board. There is a project cost and there are no lost revenues until the connection would be made. At that point we could transfer funds from City funds to dedicated funds to compensate for that loss. Council Minutes (Special) August 23, 2004 Page 4 MOTION by Fitch, second by Soderberg to approve the Real Estate Purchase Agreement. APIF, MOTION CARRIED. 11. UNFINISHED BUSINESS a) Summary of City Administrator Performance Review - City Attorney City Attorney Jamnik provided a summary ofthe evaluation. It indicates that City Administrator Urbia's performance fully meets expectations. In the area of relationship with Council and Professional/Personal Development it showed slightly below meeting expectations. Most ofthe discussion at the closed session dealt with how communications could be improved with Council and staff. MOTION by Soderberg, second by Fogarty to approve the summary. APIF, MOTION CARRIED. 12. NEW BUSINESS a) Organizational Management - Administration The personnel consultant, Mr. Harry Brull, has prepared a proposal to improve the relationships and teamwork with and among the management team. He proposed: 1. One-on-one confidential discussions with each member of the management team. 2. Where appropriate, facilitated discussion with the City Administrator and individual team members to resolve differences and work together more effectively. 3. Facilitated team meeting to present overall results and discuss issues impacting the group. 4. Summary report to Council (oral and/or written) to keep Council apprised of the situation. The cost would not exceed $5,600. MOTION by Fogarty, second by Soderberg to approve. APIF, MOTION CARRIED. 13. COUNCIL ROUNDTABLE 14. ADJOURN MOTION by Soderberg, second by Fogarty to adjourn at 7:22 p.m. APIF, MOTION CARRIED. Respectfully submitted, P;' -/~':- /r?~df~ G, .?/1/-1./t'::~-.<.,-~ /~ c;> Cynthia Muller Executive Assistant