CCP 08-28-2000 - Laserfiche WebLink

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ARDEN HILLS CITY COUNCIL - August 15, 2000 DRAFT 2 . Councilmember Aplikowski referrcd to the proposed "Right of Entry" document, spccifically addressing the wording, ".. .whcn and iJ'..." in Itcm 2, "Consideration," on page threc (3) of the document. City Attorney Filla addrcssed the document language, stating that is was standard language for fedcral government contracts, and as legislation had already deternlined the suitability of conveyance, Mr. Filla saw no reason for concern. Councilmemher Rem addressed conccrns regarding the outstanding public comment period for the Finding of Suitability for Transfer (FOST) remaining open until September 5, 2000, and thc Council taking any action prior to the end ofthe comment period. City Attorney Filla stated that the FOST simply documented a small portion of the agreement; and there was minimal chance of any controversy or even public comment on the document, as the transfer was not a controversial issue. Councilmember Rem further expressed concerns regarding the limited time frame - six (6) months - of the Right of Entry Agreement, while waiting for the Fee Title paperwork to be proccssed, as it related to start of constmction. Mayor Probst addressed Councilmember Rem's concerns, stating that Congress had acted and a thc land convcyance was cmincnt, with only the federal bureaucracy and paperwork process with . thc DoA remaining outstanding. Mayor Probst reiterated his confidence that this will happen. Mayor Probst expressed his conccrn that continued delays were escalating costs to taxpayers, with the City having to bid thc project twice, as we were unaware of the required paperwork process. Councilmember Grant concurred with Councilmember Rem's concerns regarding the Right of Entry Agreement's six (6) month term, and continued delays by the DoA for the land conveyance. Councilmember Grant refcrenced several dates addressed in the July 21, 2000 lcttcr from Rochon Corporation to the City of Arden I-lills. City Administrator Lynch stated that the dates in the letter were based on conversations with the Army Corps of Engineers, and since those conversations the dates had further changed. Mr. Lynch defcrrcd to City Attorney Filla to address several minor legal conccrns, hut stated that stalT had verified that awarding the contract conditionally, with a limited Notice to Proceed, in accordance with limitations ofthe DoA's Right of Entry document, would not commit the City to ordering of the steel for the project, a major financial undertaking, and the City would be committing to the work done to-datc. Peter V csterhoIt, Architect with Architectural Alliance, stated that the letter from Rochon Corporation had been rcviewcd and drafted at the recommendation of Rochon Corporation's attorney, and concurrcncc with the City's Architect. e