CCP 08-28-2000 - Laserfiche WebLink

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DP"> Ci, if" T' ~ ,~~t(~~\r ' ARDEN HILLS CITY COUNCIL - August 15, 2000 4 support thc project going forward. Councilmember Aplikowski did express concerns about the . additional costs projected due to winter construction. Councilmember Grant stated that he concurrcd with Councilmember Rem's comments, and continucd to have concerns about the language in the Right of Entry documcnt, and questioned whether this was standard language for the DoA. Councilmember Grant was concerned that the document fully protected the DoA' s rights, but the City had little recourse. City Attorney Filla stated that the document appeared to be standard for a DoA document, with the first paragraph addrcssing their right to essentially revoke thc document at any time. Mr. Filla stated that he wouldn't expcct any othcr documcnt from a federal agency, as they usually maintained all authority. Mr. Filla rcmindcd Councilmembers that the DoA had also been working on the land conveyancc for tcn (10) years, and that the City was dealing with a branch ofthe U.S. Government, and should have evcry rcasonable expectation that the land conveyancc will occur. Mr. Filla stated that, if the Council was looking for a document that guaranteed no financial risk to the City, the DoA would not cooperatc with such verbiagc. Mr. Filla stated that, the only reasonable event that they would not convey, would be for an environmental issue, and the property has been reviewed so thoroughly, there should be no reason to suspect any environmental issue. Councilmember Rem stated that the City's environmental consultant had found environmental issues that the DoA had missed before, and while the City had received the Icgislation, we still . had no firm datc, and since the City had been pursuing the property for ten (10) years already, she was not confident of that process. Councilmember Rcm expressed rcsidents and her personal concerns about what the cost had been to the City in bidding the project twice, prior to possession ofFec Title. Mayor Probst concurred with the comments made by Councilmember Larson, and City Attorney fills regarding the good faith action by the DoA in providing an early Right-of-Entry document to accommodate preliminary construction work, and that the small parcel for City Hall had been held to a higher standard of cnvironmental conccrn than any othcr portion of TCAAP. Mayor Probst encouraged Councilmembers to move the project forward at this time. Councilmember Grant expresscd further concerns that the DoA had all the legal authority in thc Right of Entry document, with thc City being required to take the legal document at face valuc and take a "leap of faith" hoping that all would work out. Councilmember Larson acknowledged Councilmember Rem's comments regarding actions of previous City Council's in decisions regarding moving forward with construction bids prior to having Fee Titlc to the property, but stated that the current City Council had followed suit in rccent Council actions. .