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030705 CC SP Min . CITY OF SHOREWOOD CITY COUNCIL SPECIAL MEETNG MARCH 7, 2005 COUNCIL CHAMBERS 5755 COUNTRY CLUB ROAD 7:00 P.M. MINUTES 1. CONVENE SPECIAL MEETING Mayor Love called the special meeting to order at 7:00 P.M. A. Roll Call Present: Mayor Love; Councilmembers Lizee, Turgeon, and Callies; Administrator Dawson; Engineer Brown; Finance Director Burton, and Planning Director Nielsen Absent: Councilmember Wellens B. Review Agenda Lizee moved, Turgeon seconded, Approving the Agenda as presented. Motion passed 4/0. 2. CITY HALL BUILDING . Administrator Dawson stated that there are two items to be discussed this evening. I) What to do about the City Hall building, and 2) Whether to purchase the property to the south of City Hall. Dawson noted that Council might recall from discussion last week that the property to the south is under a deadline with regard to action. There is a purchase agreement, which, technically has yet to be cancelled for about $305,000, and there is another purchase agreement ready to be signed once the first one is cancelled. The City has spoke with the property owner and he is willing not to cancel the agreement but would like to know by noon tomorrow (Tuesday) if the City would take assignment of the purchase agreement. It requires a closing next Wednesday, (March 9, 2005) and the City would want to get a clear title to the property. If a title would not be ready by March 16 the closing would be delayed. Dawson explained that Council reviewed at the work Boarman Kroos Vogel (BKV) Group provided last year. The drawings included in the packet use the Vadnais Heights City Hall building as an example to illustrate the area needed for a new building. Dawson noted Council was favorable to acquiring the south property if the opportunity to purchase it became available. Dawson explained that acquiring the property provides more flexibility in terms of planning a building and it may lend itself more to the idea of building a new City Hall. Dawson noted that the current facility is crowded staff has been very patient about changes happening. Mayor Love asked if there is a need for the land. Engineer Brown stated that they do not have soil borings, but circulated a drawing depicting a map of the City Hall and former wetland area surrounding it. Brown noted that the former wetlands are the reason for the damage in the lower level of the building. Brown stated that the City has been working with BKV Group regarding an addition to the building or rebuilding. Rebuilding was becoming impractical on the . current site due to setbacks and parking configurations; even an addition to the existing area is very tight . . . CITY OF SHOREWOOD CITY COUNCIL SPECIAL MEETING MARCH 7, 2005 Page 2 of4 with regard to parking. Brown stated that there is a need for a larger area if the alternative is to rebuild City Hall. Planning Director Nielsen stated that it gives the City flexibility for new building or a remodel. Having the site opens up the south side to a possible expansion. It does not dictate a new building but makes a new building possible and expansion of the existing building easier. Nielsen noted that the City could at least maintain the current parking if not improve it. Mayor Love asked if a zoning change is required. Planning Director Nielsen noted that a zoning change is not required but the Comprehensive Plan would need to be amended to designate the property as Public, and a Conditional Use Permit would be required to place a public building in a Residential zone. Administrator Dawson stated that within the Residential zone there is a 35-foot front setback and there can be no parking in the setback area. As a practical matter, parking would stay on the north side and building could be screened from the residential area. Councilmember Callies asked if there had been an amendment of the Comprehensive Plan when the City owned the lot previously. Planning Director Nielsen explained that when the City owned the property previously, a Conditional Use process was undertaken and as a result of the public hearing the City backed away from the idea and sold the property. Nielsen stated that the Comprehensive Plan does address the future expansion of the building. A public hearing is required to update the Comprehensive Plan and to obtain a Conditional Use Permit. Councilmember Turgeon stated that the City could purchase the property and create an open space. Mayor Love stated that he would recuse himself from discussion or voting because, even though he has no direct interest in the property, it is represented by his employer, Coldwell Banker. Councilmember Callies asked about the current purchase agreement and the agreement waiting. Administrator Dawson noted that the current agreement would need to be assigned for the city to acquire the property. Mayor Love reported that the other purchase agreement is contingent on the cancellation of the current purchase agreement. Administrator Dawson stated that he spoke with the City Attorney and an assignment of a purchase agreement is a legal process that the City can engage in. Mayor Love stated that in a conversation with the seller, the City would ask that he, the seller, sign off with the awareness of an assignment to show his agreement of the assignment. Love explained he is not certain how that would affect the second contract. . . . CITY OF SHOREWOOD CITY COUNCIL SPECIAL MEETING MARCH 7, 2005 Page 3 of4 Councilmember Callies stated that she believes that due to current structure and issues of overcrowding, a new City Hall building is necessary. Engineer Brown stated that he spoke with Mr. Justinak regarding the property south of the public works building. Mayor Love stated that the property south of the public works building would be a preferable location in his opinion, which would create a larger City Campus. Planning Director Nielsen stated that acquiring the adjoining property to the south of the current City Hall will also create a larger campus and is consistent with the Comprehensive Plan. Engineer Brown explained that a 1966 topographical surveys show the area where City Hall sits and it would probably be fine for new construction but adverse soil conditions may exist to the east due to former wetlands. Based on the information that exists and aside from high water tables, the current area likely has reasonable soils. Councilmember Lizee stated that she felt it is wise to purchase the property. Councilmember Turgeon reiterated that purchasing the property does not mean that the City has to do anything with it, but it gives the City more time. Mayor Love stated that the Council never came toa decision to remodel or rebuild, but the City has always had the issue of not enough area. Love stated regardless of the location, or whether the City chooses to do either option, that the City needs a bigger footprint. Administrator Dawson reported that in corresponding with Councilmember Wellens, he had made no comments about the land. Mayor Love stated that it is probably impossible to address the issue of the building this evening but the pictures presented show the problem with the existing area. Finance Director Burton stated that there is adequate money in the sewer fund for internal borrowing. Burton also noted, regarding cash flow, there is adequate money to handle a closing next week. Administrator Dawson stated that he would have discussions with bond counsel regarding a reimbursement resolution for any project. Lizee moved, Turgeon seconded, Authorizing City Staff to Proceed with the Purchase if the Conditions Staff has Put Forth and the Attorney's Review are Appropriate. There was some discussion regarding an unfulfilled permit. Administrator Dawson explained that there is an outstanding permit on the completion of the roof and the property would be purchased as is. Mayor Love asked staff for their thoughts. . . . CITY OF SHOREWOOD CITY COUNCIL SPECIAL MEETING MARCH 7, 2005 Page 4 of 4 Staff all agreed that based on the need to expand the City Hall the option to have additional land is favorable. Mayor Love called for a vote and reiterated that due to his employment with Coldwell Banker, but no immediate personal financial gain in any way, he will recuse himself from the vote. Motion passed 3/0, with Love recusing. 3. OTHER None 4. ADJO~ENT Turgeon moved, Callies seconded, adjourning the City Council Special Meeting of March 7, 2005, at 7:38 P.M. RESPECTFULLYSUBNllTTED, Shelley Souers Recording Secretary Woody Love, Mayor