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HomeMy WebLinkAboutCC 04-25-1994 I I ~ I I I I I I .. I I I I I I ~. I I MnroTES CITY OF ARDEN BILLS, MINNESOTA REGULAR CITY COUNCIL MEETING April 25, 1994 7:30 P.M. - New Brighton City Ball CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Acting Mayor Probst called to order the City Council meeting at 7:30 p.m. Present: Councilmembers Beverly Aplikowski, Dale Hicks, and Paul Malone. Absent: Mayor Sather. Also present were: Community Planning Coordinator, Brian Fritsinger; Public Works Superintendent, Dan Winkel; City Accountant, Terry Post; Parks & Recreation Director, Cynthia Severtson; City Administrator, Dorothy Person; and Recording Secretary, Renee Kaulfuss. ADOPT AGENDA Hicks moved, seconded by Aplikowski, to adopt the April 25, 1994 agenda as revised. Motion carried unanimously (4-0). APPROVAL OF COUNCIL MINUTES MOTION: MOTION: Hicks moved, seconded by Aplikowski, to approve the minutes of the April 11, 1994 Regular Council Meeting as prepared. Motion carried unanimously (4- 0) . CONSENT CALENDAR MOTION: Hicks moved, seconded by Aplikowski, to approve the Consent Calendar and authorize execution of all necessary documents contained therein. Motion carried unanimously (4-0). a. Approve rate of $.29 for mileage reimbursement. b. Authorize sale of the 1965 Chevrolet truck with rodder machine. c. Approve Animal Control Contract (May through December 1994) . d. Approve list of Claims/Payroll. PUBLIC COMMENTS There were no public comments. I I ~ I I I I I I .. I I I I I I ~ I Arden Hills Council 2 April 25, 1994 tlNFXNJ:SRlm AND NEW BUSINESS CASE #94-01. UNITED PROPERTIES. ARDEN PLAZA. SITE PLAN REVIEW Community Planning Coordinator Fritsinger stated that the applicant originally proposed three (3) new or relocated signs for the Arden Plaza Center. Move existing pylon sign 9' x 9' located on Lexington Avenue to the other side of the driveway. A new area identification sign to identify Arden Plaza and four (4) major tenants at the corner of Lexington and County Road E. A 3' x 3'directional sign to be placed at the entrance to the Plaza along County Road E. The ordinance allows one area identification sign per frontage on public streets with a maximum of two per area. The number of signs proposed would be consistent with this section of the ordinance. Both area identification signs fall within the permitted 100 square foot and 16 foot height allowances. The directional sign would have required a variance both to its height and its total square footage. All three of the signs would be internally illuminated with no external illumination or flashing lights. A change in signage was requested primarily due to a medical clinic locating in the plaza office complex. The clinic will become the major tenant in the office complex. The Planning Commission reviewed the request to amend the signage plan at Arden Plaza at their April 20 meeting. At that meeting, the Commission approved the area identification signs, however, it denied the variance for the directional sign. Chair Winiecki had entrusted Fritsinger to work with the tenant to bring the sign to conformance. The applicant worked with the sign company and revised the directional sign proposed for the County Road E entrance. The sign was reduced both in size and height to comply with the ordinance requirements. The sign was changed to a 2 foot x 3 foot sign. Fritsinger reported that as the directional sign now would comply with the ordinance requirements, there is no longer a need for the variance request. I I ~ I I I I I I .. I I I I I I I. I I Arden Hills Council 3 April 25, 1994 Councilmember Hicks asked Fritsinger whether the City would refund the application fee for the variance request. Fritsinger stated the fee was non-refundable as there were fees associated with administrative procedures. MOTION: Malone moved, seconded by Hicks EO approve Case #94-01, United Properties, Site Plan Review. Motion carried unanimously (4-0). REJECT ALL BIDS ON THE 1991 CHEVROLET S10 PICKUP Public Works Superintendent Winkel stated the City had advertised this unit for sale on two different occasions. The first bid opening had only one bid and it was below the minimum selling price. The second bid opening had two bids and they too were below the minimum selling price. Staff confirmed the trade-in value of this unit was approximately $7,100, and the average retail price was $9,000. Staff requested that all bids be rejected and Council direct staff to re-advertise the sale of this uni t. Councilmember Hicks asked how many miles were on the unit. Winkel stated 30,000 miles. Winkel further noted that typically between 40,000-50,000 miles are put on a unit at the time of replacement. ~his unit was driven primarily by the Public Works Superintendent. Acting Mayor Probst commented that even though he understood that this unit was due to be replaced based on the Capital Improvement plan, a review should be made to determine if it was appropriate to replace the unit. Appropriate adjustments could be made based on the low mileage and the value of the unit. Administrator Person noted that a policy would be developed to review the replacement procedures within the Capital Improvement plan. MOTION: Malone moved, seconded by Hicks to reject all bids received for the 1991 Chevrolet S10 Pickup and authorize staff to re-advertise the sale of the unit. Motion carried unanimously (4-0). REJECT DISEASED TREE BID Parks & Recreation Director, Cindy Severtson referred to the memo provided to the Council that evening and stated I ~ I I I I I I .. I I I I I I I. I I Arden Hills Council 4 April 25, 1994 only one bid had been received for the removal of diseased trees. The bid received was considerably higher than the 1993 prices. She further noted that the State contract does not mandate the bid process be followed if the contract amount is less than $25,000. In researching this procedure with neighboring cities, Severtson found most cities to not follow the bid process, they simply ask for price quotes. Staff contacted Gary Arps to submit a price quote as staff had previously worked with his company and found it satisfactory in meeting the needs of the City. precision Tree who submitted the single bid was also contacted and given an opportunity to submit a price quote. Precision Tree did not submit a price quote. Staff recommended that Council reject the bid from precision Tree and accept the price quote from Arps Tree Service. Councilmember Malone asked why Arps Tree Service did not submit a bid. Severtson commented that the City's project is small in comparison to other cities. Councilmember Hicks asked if Mr. Arps prices received from Precision Tree. no. was shown the bid Severtson stated Councilmember Hicks noted the only real difference in the bid quote over the price quote was the hauling of brush. He asked Severtson what were the anticipated number of loads of brush to be hauled for 1994. Severtson stated it would be difficult to estimate as the weather played a part in the number of loads of brush to be hauled due to storms causing limbs to be broken. She further commented that the number of dutch elm and oak wilt diseased trees are on the decline and there was not a high demand for removal of these trees. Acting Mayor Probst commented that staff should develop a policy to incorporate a price quote process for the diseased tree program. MOTION: Malone moved, seconded by Hicks to reject the diseased tree bid and enter into an agreement with Arps Tree Service. Motion carried unanimously (4- 0) . REVIEW OF TCAAP/MOUNDS VIEW/ARDEN HILLS SEWER CONNECTION MSA Engineer Tom Roushar presented an outline of the bid findings. The low bidder was Bonine Construction Company. I I , I I I I I I ~ I I I I I I ~ I I Arden Hills Council 5 April 25, 1994 Their bid price for the work required by the Army for the sanitary interceptor was $392,508.68. Their bid price on the increased capacity (24 inch pipe) was $20,600.00. The price included an increase in manhole sizes and one additional manhole. If the City would recommend the increased capacity pipe, the U S Army would request from the City, an additional five percent (5%) administrative fee. The total cost to the City would be $21,630. Mr. Roushar noted that the MWCC indicated they would be able to acquire the oversized pipe if it was designed for the 50 year needs. Councilmember Hicks asked why the U S Army did not have an interest in the oversized pipe. Mr. Roushar stated the U S Army was only interested in the needs of TCAAP as they exist today. Mr. Roushar further noted that if the City of Arden Hills would fund the oversized pipe, the City would become the interim owner. MWCC cannot acquire property from the U S Army. In effect, Arden Hills would be the temporary owner and would need to do what was deemed necessary for MWCC to acquire the pipe. This would happen only after the Metropolitan Council approved MWCC to acquire the oversized pipe. This process would probably take at least two years to complete. Mr. Roushar commented that once the MWCC acquired the oversized pipe, the City would be reimbursed for their costs. Past history had shown that a city is not paid back in a lump sum. They are either paid back over a period of years or are given a credit for future waste water treatment charges. Councilmember Hicks asked why the U S Army needed to spend the monies now for a sewer plant when they are downsizing their operation. Mr. Roushar explained that the system was thirty (30) years old and that this process was completing the project started thirty years ago. In addition, the current interceptor was getting to the end of its lifespan and TCAAP was experiencing a high cost to maintain the current system. There had also been concern for odor control. Councilmember Hicks asked why the MWCC would not acquire the entire interceptor. Mr. Roushar explained that the MWCC would not own anything located on U S Army property. The ownership would be the east right of way line of 35W over to the Mounds View system. Acting Mayor Probst noted that the City received a letter from Mr. Fix, Commander's Representative of the U S Army, Twin Cities Army Ammunition Plant, which indicated an I I ~ I I I I I I Ie I I I I I I I. I I Arden Hills Council 6 April 25, 1994 urgency to move forward with the request. Councilmember Malone commented that the original estimate for the oversized pipe was three to four times higher than the actual bid price, and he favored the City purchasing the oversized pipe. MOTION: Malone moved, seconded by Hicks for the City to enter into a three-party agreement with TCAAP, and the City of Mounds View for a sanitary interceptor from the east right of way line of 35W to the Mounds View connection; authorize the payment for the oversized pipe at a cost not to exceed Twenty Two Thousand dollars ($22,000); authorize the Administrator to make payment immediately; and authorize the Treasurer to charge the Sewer Fund for the costs and track it as a separate expenditure. Motion carried unanimously (4-0). Councilmember Hicks commented that staff should pursue reimbursement of these costs as soon as feasible. ADMINISTRATOR COMMENTS Person referred to a letter faxed to her prior to the meeting, from Attorney Filla. The letter stated the litigation counsel for the Oak Grove Trust was filing a lawsuit against the non-settling parties for cleanup costs. The City was requested to determine whether it wished to be part of the lawsuit. Attorney Filla advised the City via letter, that if a counterclaim was filed by the non-settling parties against the Trust, the City would be represented by litigation counsel for the Trust and the Trust would finance the first One Hundred Thousand Dollars ($100,000) worth of legal fees. Any amounts in excess of $100,000 would be paid out of the proceeds of the lawsuit. Litigation counsel has taken the case on a contingent fee basis, therefore, if there is no recovery, there would be no additional legal fees. The City would not otherwise be obligated to make any additional contributions to the Trust. Attorney Filla further advised the City that if the City opted out of the litigation and a non-settling party would sue the City separately, instead of filing a counterclaim against the City as part of the Trust lawsuit, the City would have to defend itself. The City could assert its contribution protection from the EPA in this particular lawsuit, but would still have to respond. I I , I I I I I I ~ I I I I I I I ~ I Arden Hills council 7 April 25, 1994 Attorney Filla noted that unfortunately, the Trust Litigation counsel anticipates that there may be some publicity generated by this particular lawsuit. The attorney would need a determination by April 30. Given the choices, Attorney Filla would recommended that the City remain as a party to the lawsuit on the Trust side. Discussion followed and Council concurred that this was very distressing information, and simply unfair that the Council was not allowed more time to consider the options. The Council further concurred that they had no choice but to remain with the Trust. The City Council decided to continue as a settling party to avoid any future lawsuits. Acting Mayor Probst commented that the only people who are going to do anything here are the attorneys who are taking this on a contingent fee basis. If the average settlement of the non-settling parties was approximately what the City of Arden Hills' paid they are looking at $400,000 to $500,000 of potential additional income. For that, they are talking about risking at least $100,000, perhaps more. That money is coming from the money that the City already paid in to try and get the clean up settled. Instead of using the dollars for clean up, it is being used for more litigation. MOTION: Hicks moved, seconded by Malone that on the advice of the City Attorney that the City remain a party to the Trust in the matter of the Oak Grove Sanitary Landfill case contingent upon assurance that the City will not be required to contribute any additional costs. Motion carried unanimously (4-0). Administrator Person noted that the Public Works Superintendent was researching the questions put forth regarding the National Guard sanitary sewer request. He was reviewing maps and funding availability for the sanitary sewer connection at Hwy. 96 and Hamline. COUNCIL COMMENTS: Councilmember Aplikowski reported that Ray Conroe had resigned from the Human Rights Commission. It was noted to send him a thank you letter for his service to this commission. I I , I I I I I I Ie I I I I I . . ." . Arden Hills Council 8 April 25, 1994 councilmember Malone noted that various correspondence had been received outlining the Parks Department's intention to rebuild Perry Park. He wanted staff to be aware that prior to any implementation, the Council would need to review and make a determination if this was appropriate and approve expenditures. He further wanted staff to realize that there should not be any assumptions that this project had been approved. Acting Mayor Probst commented that as liaison to the Parks & Recreation Committee, he had made it clear that the role of the Committee was to make recommendations to Council. Acting Mayor Probst commented that ,at the last Community Meeting held at TCAAP, Shoreview Councilmember Ben Withart had suggested that the City of Arden Hills participate in a joint meeting with the Shoreview City Council. Discussion followed and the Administrator would research further. City Accountant, Terry Post approached the bench and noted that for the record, the payment of $26,000 plus interest to the Department of Justice was wired transferred, therefore, the Council would not see an actual check number on the list of claims. ADJOURN: MOTION: Malone moved, seconded by Aplikowski, to adjourn the meeting at 8:30 p.m. Motion carried unanimously (4-0). Dennis R. Probst, Acting Mayor Dorothy A. Person, City Administrator