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HomeMy WebLinkAboutCC 03-27-1989 _ MINUTES OF THE ARDEN HILLS REGULAR COUNCIL MEETING MONDAY, MARCH 27, 1989, 7:30 P.M. - VILLAGE HALL CALL TO ORDER Pursuant to due call and notice thereof, Mayor Sather called the meeting to order at 7:30 p.m. .. ROLL CALL The roll being called the following members were present: Mayor Thomas Sather, Councilmembers Nancy Hansen, Paul Malone, JoAnn Growe and Thomas Mahowald. Also present: Acting City Attorney Jerry Filla, Treasurer Frank Green, Public Works Supervisor Robert Raddatz, Clerk Administrator Gary Berger and Deputy Clerk Catherine Iago. APPROVE MINUTES Clerk Administrator Berger referred Council to of the March 13, 1989 minutes, under the title "CounCilmember Malone" should be inserted and page 6 "KVBM IIPlanner TOWER", second sentence, Bergly" deleted. Councilmember Mahowald suggested the following corrections: 3/13/89 Council Minutes, page 2, first paragraph: Mahowald advised he did not make the statement relative to platting. 3/13/89 Council Minutes, page 2, last paragraph: Mahowald recalled that Councilmember Hansen was more emphatic in her motion relating to the size of the trees planted; Hansen agreed that she recalled using more specific language regarding the tree size. I Deputy Clerk Iago advised she would replay the tape recording of the meeting and correct the minutes accordingly. Mahowald moved, seconded by Malone, that Council approve the Regular Council Minutes of March 13, 1989 as amended, and the Minutes of the March 20, 1989 Council Worksession as submitted. Motion carried unanimously. (5-0) BUSINESS FROM FLOOR County Commissioner Duane McCarty was present and offered his congratulations to the new Mayor and Councilmembers. McCarty advised that he has made it a practice during his term to appear before the Councilmembers in Ramsey County to discuss the status of matters concerning their respective cities. He updated Council on the following items: -Traffic signal at County Road E and Pine Tree Drive have been implemented and are included in the Capital Improvement Plan for installation in 1990. -Library plans are being recommended by the Library Board for the various city library projects. -Capital Improvement Plan process has started and will be submitted to Arden Hills for review by Council; recommendations which address Arden Hills needs should be submitted to McCarty for inclusion in the 1990 plan. ... Council thanked Commissioner McCarty for the information. ADDITIONAL AGENDA ITEM; ST. SWEEPER Council was advised that Public Works Supervisor Raddatz had requested his memorandum regarding the purchase of a street sweeper be added to the Council agenda. Malone moved, seconded by Growe, that the memorandum of Raddatz regarding the purchase of a street sweeper, dated 3-27-89, be placed on the Council agenda for consideration after Item 6, Report of Treasurer. Motion carried unanimously. (5-0) RES. #89-16; EST. CONSENT AGENDA Council agendas by Mayor Sather referred Council to a memorandum from the Administrative Secretary dated 3-24-89, regarding the establishment of a consent calendar portion to the City adoption of the proposed Resolution. Malone moved, seconded by Hansen, that Council adopt Resolution No. 89-16, Establishing Order Of Business For City Council Agenda, Including Consent Calendar Portion On Agenda. Motion carried unanimously. (5-0) ... n~llUL~~ UL LUe arQen ttlllS Kegular Council Meeting, March 27, 1989 Page 2 CONSENT CALENDAR Couneil was referred to the Consent Calendar items. Councilmember Hansen requested information relative to Item f, List of Claims: -Questioned if the Public Works employee overtime payment was due to snowplowing; Public Works Supervisor advised the overtime was due in part to snowplowing and in part to a watermain break. -Questioned if the Council Goals Session payments to McQuires Inn and James Brimeyer exceeded the budgeted amount; Clerk Administrator Berger explained $1,200.00 was budgeted and the overage would be approximately $47.00. -Questioned the checks issued to Mr. Brunette; Berger explained he has been working with the union representative, Labor Relations Associates and Brunette to resolve the matter prior to the disbursement of the checks. . Malone moved, seconded by Mahowald, that Council approve the Consent Calendar items as listed below: a. Request to attend Annual Parks Conference. b. 1989 Garbage/Refuse License for !lanthei Disposal Service. c. Acknowledgment of Rice Creek Watershed letter, relative to rental space. d. Adoption of Resolution No. 89-17, Apportionment of Assessments Relating To Consolidated Water Improvements Nos. 68-2 & 68-3. e. 1989 Charitable Gambling License Renewal, Original Boosters, Pot O'Gold. f. List of Claims and Payroll. Motion carried unanimously. (5-0) REPORT OF TREASURER tit INVESTMENTS Treasurer Green reported on the following investment: 3-13-89 - $358,396.08 invested @ 4M Fund. Green explained he did not remove the monies currently in the 4M Fund in anticipation of Council direction relative to the purchase of the Kern Milling facility. He stated the balance in the fund is approximately $419,000.00. Malone moved, seconded by Growe, that Council ratify the Treasurer's report as submitted. Motion carried unanimously. (5-0) REPORT OF PUBLIC WORKS SUPERVISOR PURCHASE STREET SWEEPER Council was referred to a memorandum from Raddatz dated 3-27-89, outlining proposed funding for the first year payment of the street sweeper. Raddatz advised the first two figures listed, totaling $8,300.00, were budgeted in 1989 for street sweeping ($6,500) and sweeping in conjunction with the sealcoating project ($1,800); the remainder of the funds, $1,700.00 would have to be taken from the funds budgeted for pavement management. . Mayor Sather reminded Council the purchase of the sweeper would be accomplished over a three-year period with the first payment of $10,000.00 in 1989 and two subsequent payments of $11,000.00 in 1990 and 1991. He commented that it is assumed Council would be prepared to budget the additional funds in the two subsequent years. Malone moved, seconded by Growe, that Council authorize the Public Works Supervisor execute an agreement with Macqueen Equipment for the lease of a street sweeper at the rate of $10,000.00 for the first year of the lease and $11,000.00 for each of the two subsequent years, with the monies for the first year lease to be expended from the 1989 budget as outlined in Raddatz 3-27-89 memorandum and above-mentioned. Motion carried unanimously. (5-0) WATERMAIN BRK.; LK. JOHANNA BLVD. Public Works Supervisor Raddatz reported on the watermain break on Lake Johanna Boulevard. Councilmember Malone questioned if any problems had arisen with the rapid thawing conditions; Raddatz reported on the general cor.ditions of the streets, water in yards and storm drains in conjunction with the rapid thawing. . n.l..UUf,..~'-:> UL Llle firoen n..i..J..i.S KegU.lar i....0ullCl..l M.eetlng) M.arCh LI, l':::lts~ Page 3 REPORT OF CITY ENGINEER SEWER ODOR; 3637 RAMLINE AVENUE sewer odor problem at Council was referred to a memorandum from Clerk Administrator Berger dated 3-23-89 and a letter from Engineer Barry Peters dated 3-22-89, relative to the 3637 Hamline Avenue. '. Will Liebenow, representing SEH, explained the measures utilized to date to investigate the sewer odor problem at the residence on Hamline Avenue; televising the sewermains, cleaning the mains and retelevising, and monitoring Bethel College to determine if buildings on their site contribute to the problem. He stated that with the information compiled it is not possible to make a final determination regarding this matter. Liebenow noted that hydrogen sulfide gas is being detected and can form in all wastewater. He advised in this case it is puzzling as to why it collects at these two residences once the sewage is released. Liebenow stated it must be determined where the gas is coming from and then take the necessary steps to eliminate the gas; he noted it may not be possible to completely eliminate the causes of the gas, however, the mains can be aerated and chlorine to oxidize the gas. , Council was referred page 2 of Peters memorandum, which outlined the proposed investigation of the Bethel College systems, including the lift station, and the costs involved. Liebenow reported that the cost for Item #3, Monitor Hydrogen Sulfide Gas, may actually be less than the $2,000.00 figure estimated; he stated it would be between $600.00 to $2,000.00. He has discussed the monitoring process with a lab in Roseville, MMT Environmental, which is equipped to handle the process. Councilmember Malone questioned what the expenditure would be if aeration and chlorination is necessary. Libenow stated he did not have that information readily available; he estimated the cost between $3,000-5,000.00 for equipment for chlorination. Hansen moved, seconded by Malone, that Council authorize an expenditure from the Sewer Fund, not to exceed $5,000.000, to investigate the sewer odor on Hamline Avenue as outlined in Engineer Peters memorandum of 2-22-89 and explore options for elimination of the odor problem. and that any expenditures exceeding the above amount authorized be approved by Council. Motion carried unanimously. (5-0) Clerk Administrator Berger questioned if Bethel College would be responsible for installation of the chlorination equipment if it is determined the problem originates from their site. . Mayor Sather advised that would be a topic for discussion after the SEH investigation is completed. Councilmember Hansen questioned when the investigation process would begin and if Liebenow would have information available at the April 10 Council meeting. Liebenow advised the project would begin within one week and information should be available for April 10. APPROVE PLANS & SPECS; CLEVELAND AVE. LIFT STATION Council was presented a set of Plans and Specifications for the Cleveland Avenue Lift Station. Councilmember Malone suggested action on this matter be tabled until the next Regular Council meeting in order for Council to review the plans and specifications. Public Works Supervisor Raddatz stated he had reviewed the documents and they were prepared as specified by Council with two alternates for bidding the project. Councilmember Malone asked the Engineer and Public Works Supervisor for their . opinion relative to obtaining easements to complete the project. Raddatz explained the utilities will be located in the road right-of-way and it will not be necessary to obtain easements. Minutes of the Arden Hills Regular Council Meeting, March 27, 1989 Page 4 LIFT STATION (Cont'd) Hansen moved, seconded by Mahowald, that Council approve the Plans and Specifications for the Cleveland Avenue Lift Station as prepared by Engineer Peters, authorize advertisement for bids, and set the bid opening for 1:00 p.m., Thursday, April 20, 1989 . Motion carried unanimously. (5-0) . REPORT OF ACTING CITY ATTORNEY DRAINAGE PROBLEM; 1680 OAK AVENUE Council was referred to a memorandum from the Clerk Administrator dated 2-23-89, regarding the drainage problem at 1680 Oak Avenue. Acting City Attorney Filla explained that he had reviewed the documents compiled by Attorney Lynden and the Council minutes from 1987. He noted the Council had considered special assessments for all or a portion of the improvements necessary to resolve the drainage problem. Filla stated that if the project is to be funded by assessment to affected property owners it would be necessary to direct the engineer to prepare plans and specifications for the project, hold a public hearing, and acquire the right-of-way necessary to begin the project. . Filla advised that Dr. and Mrs. Alberg have indicated they are willing to pay for their driveway repairs as their contribution to the project. Michael Daub, Attorney for the Albergs, stated the water runoff problem is created as a result of the cul-de-sac elevation; he advised the weekend thaw has contributed to the drainage problem. , Mayor Sather suggested referral to the engineer and staff to draft plans and specification to resolve the drainage problem. Attorney Filla advised that Engineer Peters indicated detailed plans and specifications would have to be completed prior to a public hearing if Council considers specially assessing the improvement, as required by Statute. Filla noted that if Council proceeds with the project and does not assess to the costs to the affected/benefitted properties, Peters indicated he has adequate information to design the project and could obtain quotes as the project costs would be under $15,000.00. Councilmember Hansen stated the matter has been before Council several times and she would prefer to have the matter resolved; she was unsure if the property owners should be assessed and favored beginning the project immediately. Council discussed the strength of legally supporting a case for assessing the project to property owners, prior assessments in this area, approximate costs for property owners if assessed and the time-frame for beginning the project in the event a public hearing is necessary. Attorney Filla advised this project would benefit the properties in the area by increased property values as a direct result of the project; based on 24 parcels assessed equally and project costs of approximately $15,000, an average assessment would be $600-700.00 per lot. Filla was of the opinion an assessment in this range could be legally supported; the city also has the option to assess only a portion of the costs. . Mayor Sather preferred leaving all options open and pursuing the public hearing process. Council questioned if Albergs would be opposed to the delays caused by the city to follow the public hearing process for the improvement. Dr. Alberg stated he was not opposed to the timing; he explained he would not complete the necessary repairs to his driveway until such time as the city implements the improvement. Malone moved, seconded by Growe, that Council authorize the City Engineer to prepare plans and specifications for the installation of storm sewer utilities in the area of 1680 Oak Avenue and submit same to Council for review at their next Regular Meeting held April 10, 1989. Motion carried. (Malone, Growe, Mahowald and Sather voting in favor; Hansen opposed) (4-1) . LEASE AGREEMENT; CELLULAR ONE Clerk Administrator Berger advised Council that Cellular One has withdrawn the agreement at this time. .-...... I..H'~. ~ ,.o..d::;U HJ...J.....L"- ~\.t:::6'-"..Ld..L ,.C~Ll.Ug, 1'" _ i, 1 ;;10) Page 5 KEM MILLING; PURCH. AGREEMENT Council was referred to the memorandum from the Clerk Administrator dated 2-24-89, regarding the proposed purchase agreement for the KEM Milling property. . Attorney Filla reviewed the document and discussed it with Attorney Rolfe Warden, representing KEM Milling. He explained that in discussions with the Clerk Administrator the following concerns were noted relative to timing of the City involvement for participation in the agreement and other items which may cause the City to expend more money in acquiring the site and are not identified in terms of dollar figures in the agreement. Filla gave the following examples: -Environmental Audit: The seller has agreed to allow the city to cancel the agreement if the audit is unfavorable, however, the actual cost of the audit is undetermined. The costs could be between $1,500 to $10,000.00, depending upon what is discovered on site after preliminary review and how much detail is necessary. -Real Estate Taxes: The seller proposes to split the costs for real estate taxes payable in 1989; this item based on date of closing could increase the cost by $8,500.00 and it is not determined if the deed of record could be obtained in sufficient time to avoid the levy of taxes payable in 1990. -Special Assessments: There are special assessments on the property and it is not determined at this time the amount of installments which remain unpaid. Filla noted some of the financial concerns would be resolved by an eventual resale of the property and development. I The Attorney also expressed concern that it has not been determined if the legal description on the purchase agreement when Darling Company purchased the property is correct and encompasses all of the site. He explained a survey would have to be completed to determine if the legal description is correct; this would also be an extra expense for Arden Hills. Filla noted that the building is in a dilapidated condition and would have to be secured when acquired; this could increase the city insurance rates until such time as the building is demolished or sold. Rolfe Warden, attorney for KEM Milling, addressed the concerns expressed by Attorney Filla: . -Legal description of the property can be resolved by a survey and Warden indicated it is the intent of the seller to include all of the site in the sale. Warden advised the costs for surveying the property would be dependent upon the extent of the survey; he commented a boundary line survey would be the least expensive route. -Warden was of the opinion the deed could be issued to Arden Hills prior to the 1990 tax levy. Warden indicated the environmental audit costs and tax issue can be discussed further between the parties and the outstanding assessments can be determined in the city records. It was generally agreed between Council and Warden that the concerns identified are not insurmountable and could be discussed further between the parties. Councilmember Malone suggested the city'could eliminate increased insurance costs by demolishing the building immediately upon closing if the agreement did not specify the seller has 60 days to remove equipment; he indicated the seller could indemnify the city from liability. Warden stated he would discuss continuation of the insurance by the seller until such time as all equipment is removed or removal of all equipment so the building can be demolished. Filla requested Warden determine from his client what is contained in the storage tanks at the site and if the material will be removed by the seller; Warden agreed to discuss the matter with his client. . Filla questioned if the March 28 deadline could be extended and discussion; Warden advised the date could be changed to next Regular Council meeting. for further review coincide with the Minutes of the Arden Hills Regular Council Meeting, March 27, 1989 Page 6 KEM MILLING (Cont'd) Malone moved, seconded by Hansen, that Council direct Acting Attorney Filla and staff to initiate an environmental survey on the site, initiate a boundary line survey of the property, contact a firm to receive a quote for building demolition, upon completion -of the environmental survey make recommendation for proceeding with the purchase of the KEM Milling site at the next Regular Council Meeting held April 10, and continue negotiations with Kem Milling for cost-sharing for the environmental survey and other issues discussed. Motion carried unanimously. (5-0) . REPORT OF CLERK ADMINISTRATOR RFP; CITY ATTORNEY Council was advised by Clerk Administrator Berger that fourteen proposals for City Attorney were received; to Council this date. He requested Council recommend an attorney. copies were distributed procedure for retaining Council concurred to review the proposals prior to the next Regular Council Meeting held April 10; it was agreed to determine three or four proposals for interview purposes, set a date for the interviews and set selection criteria. Jamie Jensen, resident of Arden Hills and attorney, introduced himself to Council and commented that all attorneys submitting proposals would be duly qualified and he is the only applicant from Arden Hills. APPOINT TEMPORARY ENGINEER; SEH such time as a new Council was referred to the memorandum from Berger dated 3-24-89, recommending appointment of SEH as the City's temporary engineering firm until further notice or until permanent appointment can be made. I Malone moved, seconded by Hansen, that Council appoint the engineering firm of Short-Elliot-Hendrickson as City Engineer until such time as the proposals are reviewed and move to appoint a permanent engineer. Motion carried unanimously. (5-0) OTHER BUSINESS STOP SIGN; FERNWOOD AND COUNTY ROAD F Councilmember Malone questioned when the temporary stop signs would be removed from Fernwood Avenue and County Road F. Public Works Supervisor Raddatz advised he was waiting for the sign replacements prior to removing the temporary signs. STREET LIGHT; HAMLINE/HWY 96 Councilmember Malone questioned when the street light at Hamline and Highway 96 will be replaced. Raddatz advised he had contacted NSP to replace the light and he will call to advise them it has not repaired. . CONSENT CALENDAR Councilmember Hansen explained that the procedure for moving an item from the consent calendar for discussion does not require a Council motion; she stated this for informational purposes. MPCA PERMIT Councilmember Hansen questioned if the Council will be responding to the MPCA permit for the rendering plant. Mayor Sather advised that a written response is being prepared by the New Brighton Attorney and Inspector McGinley which will address specific testing criteria; the response will.be forwarded to Arden Hills for review and comment prior to submission to the MPCA. ADJOURN Hansen moved, seconded adjourned at 9:05 p.m. the meeting be unanimously. (5-0) ~R~A Gary R. B ger Clerk Administrator . NOTICE OF MEETING The next Regular Council Meeting will be held on Monday, April 10, 1989, at 7:30 p.m., at the Village Hall. MINUTES OF THE ARDEN HILLS REGULAR COUNCIL MEETING MONDAY, MARCH 27, 1989, 7:30 P.M. - VILLAGE HALL CALL TO ORDER Pursuant to due call and notice thereof, Mayor Sather called the meeting to order at 7:30 p.m. - ROLL CALL The roll being called the following members were present: Mayor Thomas Sather, Councilmembers Nancy Hansen, Paul Malone, JoAnn Growe and Thomas Mahowald. Also present: Acting City Attorney Jerry Filla, Treasurer Frank Green. Public Works Supervisor Robert Raddatz, Clerk Administrator Gary Berger and Deputy Clerk Catherine Iago. APPROVE MINUTES Clerk Administrator Berger referred Council to of the March 13, 1989 minutes, under the title "Councilmember Malone" should be inserted and page 6 "KVBM "Planner TOWER", second sentence, Bergly" deleted. Councilmember Mahowald suggested the following corrections: 3/13/89 Council Minutes. page 2, first paragraph: Mahowald advised he did not make the statement relative to platting. 3/13/89 Council Minutes. page 2, last paragraph: Mahowald recalled that Councilmember Hansen was more emphatic in her motion relating to the size of the trees planted; Hansen agreed that she recalled using more specific language regarding the tree size. . Deputy Clerk Iago advised she would replay the tape recording of the meeting and correct the minutes accordingly. Mahowald moved, seconded by Malone, that Council approve the Regular Council Minutes of March 13, 1989 as amended, and the Minutes of the March 20, 1989 Council Worksession as submitted. Motion carried unanimously. (5-0) BUSINESS FROM FLOOR County Commissioner Duane McCarty was present and offered his congratulations to the new Mayor and Councilmembers. McCarty advised that he has made it a practice during his term to appear before the Councilmembers in Ramsey County to discuss the status of matters concerning their respective cities. He updated Council on the following items: -Traffic signal at County Road E and Pine Tree Drive have been implemented and are included in the Capital Improvement Plan for installation in 1990. -Library plans are being recommended by the Library Board for the various city library projects. -Capital Improvement Plan process has started and will be submitted to Arden Hills for review by Council; recommendations which address Arden Hills needs should be submitted to McCarty for inclusion in the 1990 plan. 4It Council thanked Commissioner McCarty for the information. ADDITIONAL AGENDA ITEM; ST. SWEEPER Council was advised that Public Works Supervisor Raddatz had requested his memorandum regarding the purchase of a street sweeper be added to the Council agenda. Malone moved, seconded by Growe, that the memorandum of Raddatz regarding the purchase of a street sweeper, dated 3-27-89, be placed on the Council agenda for consideration after Item 6, Report of Treasurer. Motion carried unanimously. (5-0) RES. #89-16; EST. CONSENT AGENDA Council agendas by Mayor Sather referred Council to a memorandum from the Administrative Secretary dated 3-24-89, regarding the establishment of a consent calendar portion to the City adoption of the proposed Resolution. Malone moved, seconded by Hansen, that Council adopt Resolution No. 89-16, Establishing Order Of Business For City Council Agenda, Including Consent Calendar Portion On Agenda. Motion carried unanimously. (5-0) . Minutes of the Arden Hills Regular Council Meeting, March 27, 1989 Page 2 CONSENT CALENDAR Council was referred to the Consent Calendar items. Councilmember Hansen requested information relative to Item f, List of Claims: ~ -Questioned if the Public Works employee overtime payment was due to snowplowing; Public Works Supervisor advised the overtime was due in part to snowplowing and in part to a watermain break. -Questioned if the Council Goals Session payments to McQuires Inn and James Brimeyer exceeded the budgeted amount; Clerk Administrator Berger explained $1,200.00 was budgeted and the overage would be approximately $47.00. -Questioned the checks issued to Mr. Brunette; Berger explained he has been working with the union representative, Labor Relations Associates and Brunette to resolve the matter prior to the disbursement of the checks. Malone moved, seconded by Mahowald, that Council approve the Consent Calendar items as listed below: a. Request to attend Annual Parks Conference. b. 1989 Garbage/Refuse License for Manthei Disposal Service. c. Acknowledgment of Rice Creek Watershed letter, relative to rental space. d. Adoption of Resolution No. 89-17, Apportionment of Assessments Relating To Consolidated Water Improvements Nos. 68-2 & 68-3. e. 1989 Charitable Gambling License Renewal, Original Boosters, Pot O'Gold. f. List of Claims and Payroll. Motion carried unanimously. (5-0) . REPORT OF TREASURER INVESTMENTS Treasurer Green reported on the following investment: 3-13-89 - $358,396.08 invested @ 4M Fund. Green explained he did not remove the monies currently in the 4M Fund in anticipation of Council direction relative to the purchase of the Kem Milling facility. He stated the balance in the fund is approximately $419,000.00. Malone moved, seconded by Growe, that Council ratify the Treasurer's report as submitted. Motion carried unanimously. (5-0) REPORT OF PUBLIC WORKS SUPERVISOR PURCHASE STREET SWEEPER Council was referred to a memorandum from Raddatz dated 3-27-89, outlining proposed funding for the first year payment of the street sweeper. . Raddatz advised the first two figures listed, totaling $8,300.00, were budgeted in 1989 for street sweeping ($6,500) and sweeping in conjunction with the sealcoating project ($1,800); the remainder of the funds. $1,700.00 would have to be taken from the funds budgeted for pavement management. Mayor Sather reminded Council the purchase of the sweeper would be accomplished over a three-year period with the first payment of $10,000.00 in 1989 and two subsequent payments of $11,000.00 in 1990 and 1991. He commented that it is assumed Council would be prepared to budget the additional funds in the two subsequent years. Malone moved, seconded by Growe, that Council authorize the Public Works Supervisor execute an agreement with Macqueen Equipment for the lease of a street sweeper at the rate of $10,000.00 for the first year of the lease and $11,000.00 for each of the two subsequent years, with the monies for the first year lease to be expended from the 1989 budget as outlined in Raddatz 3-27-89 memorandum and above-mentioned. Motion carried unanimously. (5-0) WATERMAIN BRK.; LK. JOHANNA BLVD. Public Works Supervisor Raddatz reported on the watermain break on Lake Johanna Boulevard. . Councilmember Malone questioned if any problems had arisen with the rapid thawing conditions; Raddatz reported on the general conditions of the streets, water in yards and storm drains in conjunction with the rapid thawing. - . . . Minutes of the Arden Hills Regular Council Meeting, March 27. 1989 Page 3 REPORT OF CITY ENGINEER SEWER ODOR; 3637 HAMLINE AVENUE Council was referred to a memorandum from Clerk Administrator Berger dated 3-23-89 and a letter from Engineer Barry Peters dated 3-22-89, relative to the 3637 Hamline Avenue. sewer odor problem at Will Liebenow, representing SEH, explained the measures utilized to date to investigate the sewer odor problem at the residence on Hamline Avenue; televising the sewermains, cleaning the mains and retelevising, and monitoring Bethel College to determine if buildings on their site contribute to the problem. He stated that with the information compiled it is not possible to make a final determination regarding this matter. Liebenow noted that hydrogen sulfide gas is being detected and can form in all wastewater. He advised in this case it is puzzling as to why it collects at these two residences once the sewage is released. Liebenow stated it must be determined where the gas is coming from and then take the necessary steps to eliminate the gas; he noted it may not be possible to completely eliminate the causes of the gas, however, the mains can be aerated and chlorine to oxidize the gas. Council was referred page 2 of Peters memorandum, which outlined the proposed investigation of the Bethel College systems, including the lift station, and the costs involved. Liebenow reported that the cost for Item #3, Monitor Hydrogen Sulfide Gas, may actually be less than the $2,000.00 figure estimated; he stated it would be between $600.00 to $2,000.00. He has discussed the monitoring process with a lab in Roseville, MMT Environmental, which is equipped to handle the process. Councilmember Malone questioned what the expenditure would be if aeration and chlorination is necessary. Libenow stated he did not have that information readily available; he estimated the cost between $3,000-5,000.00 for equipment for chlorination. Hansen moved, seconded by Malone, that Council authorize an expenditure from the Sewer Fund, not to exceed $5,000.000, to investigate the sewer odor on Hamline Avenue as outlined in Engineer Peters memorandum of 2-22-89 and explore options for elimination of the odor problem, and that any expenditures exceeding the above amount authorized be approved by Council. Motion carried unanimously. (5-0) Clerk Administrator Berger questioned if Bethel College would be responsible for installation of the chlorination equipment if it is determined the problem originates from their site. Mayor Sather advised that would be a topic for discussion after the SEH investigation is completed. Councilmember Hansen questioned when the investigation process would begin and if Liebenow would have information available at the April 10 Council meeting. Liebenow advised be available for the project would begin within one week and information should April 10. APPROVE PLANS & SPECS; CLEVELAND AVE. LIFT STATION Council was presented a set of Plans and Specifications for the Cleveland Avenue Lift Station. Councilmember Malone suggested action on this matter be tabled until the next Regular Council meeting in order for Council to review the plans and specifications. Public Works Supervisor Raddatz stated he had reviewed the documents and they were prepared as specified by Council with two alternates for bidding the project. Councilmember Malone asked the Engineer and Public Works Supervisor for their opinion relative to obtaining easements to complete the project. Raddatz explained the utilities will be located in the road right-of-way and it will not be necessary to obtain easements. Minutes of the Arden Hills Regular Council Meeting, March 27, 1989 Page 4 LIFT STATION (Cont'd) Hansen moved, seconded by Mahowald, that Council approve the Plans and Specifications for the Cleveland Avenue Lift Station as prepared by Engineer Peters, authorize advertisement for bids, and set the bid opening for 1:00 p.m., Thursday. April 20, 1989 . Motion carried unanimously. (5-0) I REPORT OF ACTING CITY ATTORNEY DRAINAGE PROBLEM; 1680 OAK AVENUE Council was referred to a memorandum from the Clerk Administrator dated 2-23-89, regarding the drainage problem at 1680 Oak Avenue. Acting City Attorney Filla explained that he had reviewed the documents compiled by Attorney Lynden and the Council minutes from 1987. He noted the Council had considered special assessments for all or a portion of the improvements necessary to resolve the drainage problem. Filla stated that if the project is to be funded by assessment to affected property owners it would be necessary to direct the engineer to prepare plans and specifications for the project, hold a public hearing, and acquire the right-of-way necessary to begin the project. Filla advised that Dr. and Mrs. Alberg have indicated they are willing to pay for their driveway repairs as their contribution to the project. Michael Daub, Attorney for the Albergs, stated the water runoff problem is created as a result of the cul-de-sac elevation; he advised the weekend thaw has contributed to the drainage problem. . Mayor Sather suggested referral to the engineer and staff to draft plans and specification to resolve the drainage problem. Attorney Filla advised that Engineer Peters indicated detailed plans and specifications would have to be completed prior to a public hearing if Council considers specially assessing the improvement, as required by Statute. Filla noted that if Council proceeds with the project and does not assess to the costs to the affected/benefitted properties, Peters indicated he has adequate information to design the project and could obtain quotes as the project costs would be under $15,000.00. Councilmember Hansen stated the matter has been before Council several times and she would prefer to have the matter resolved; she was unsure if the property owners should be assessed and favored beginning the project immediately. Council discussed the strength of legally supporting a case for assessing the project to property owners, prior assessments in this area, approximate costs for property owners if assessed and the time-frame for beginning the project in the event a public hearing is necessary. . Attorney Filla advised this project would benefit the properties in the area by increased property values as a direct result of the project; based on 24 parcels assessed equally and project costs of approximately $15,000, an average assessment would be $600-700.00 per lot. Filla was of the opinion an assessment in this range could be legally supported; the city also has the option to assess only a portion of the costs. Mayor Sather preferred leaving all options open and pursuing the public hearing process. Council questioned if Albergs would be opposed to the delays caused by the city to follow the public hearing process for the improvement. Dr. Alberg stated he was not opposed to the timing; he explained he would not complete the necessary repairs to his driveway until such time as the city implements the improvement. Malone moved, seconded by Growe, that Council authorize the City Engineer to prepare plans and specifications for the installation of storm sewer utilities in the area of 1680 Oak Avenue and submit same to Council for review at their next Regular Meeting held April 10, 1989. Motion carried. (Malone. Growe, Mahowald and Sather voting in favor; Hansen opposed) (4-1) . LEASE AGREEMENT; CELLULAR ONE Clerk Administrator Berger advised Council that Cellular One has withdrawn the agreement at this time. Minutes of the Arden Rills Regular Council Meeting, March 27, 1989 Page 5 KEM MILLING; PURCR. AGREEMENT Council was referred to the memorandum from the Clerk Administrator dated 2-24-89, regarding the proposed purchase agreement for the KEM Milling property. , Attorney Filla reviewed the document and discussed it with Attorney Rolfe Warden, representing KEM Milling. Re explained that in discussions with the Clerk Administrator the following concerns were noted relative to timing of the City involvement for participation in the agreement and other items which may cause the City to expend more money in acquiring the site and are not identified in terms of dollar figures in the agreement. Filla gave the following examples: -Environmental Audit: The seller has agreed to allow the city to cancel the agreement if the audit is unfavorable, however, the actual cost of the audit is undetermined. The costs could be between $1,500 to $10,000.00, depending upon what is discovered on site after preliminary review and how much detail is necessary. -Real Estate Taxes: The seller proposes to split the costs for real estate taxes payable in 1989; this item based on date of closing could increase the cost by $8,500.00 and it is not determined if the deed of record could be obtained in sufficient time to avoid the levy of taxes payable in 1990. -Special Assessments: There are special assessments on the property and it is not determined at this time the amount of installments which remain unpaid. . Filla noted some of the financial concerns would be resolved by an eventual resale of the property and development. The Attorney also expressed concern that it has not been determined if the legal description on the purchase agreement when Darling Company purchased the property is correct and encompasses all of the site. He explained a survey would have to be completed to determine if the legal description is correct; this would also be an extra expense for Arden Hills. Filla noted that the building is in a dilapidated condition and would have to be secured when acquired; this could increase the city insurance rates until such time as the building is demolished or sold. Rolfe Warden, attorney for KEM Milling, addressed the concerns expressed by Attorney Filla: . -Legal description of the property can be resolved by a survey and Warden indicated it is the intent of the seller to include all of the site in the sale. Warden advised the costs for surveying the property would be dependent upon the extent of the survey; he commented a boundary line survey would be the least expensive route. -Warden was of the opinion the deed could be issued to Arden Hills prior to the 1990 tax levy. Warden indicated the environmental audit costs and tax issue can be discussed further between the parties and the outstanding assessments can be determined in the city records. It was generally agreed between Council and Warden that the concerns identified are not insurmountable and could be discussed further between the parties. Councilmember Malone suggested the city could eliminate increased insurance costs by demolishing the building immediately upon closing if the agreement did not specify the seller has 60 days to remove equipment; he indicated the seller could indemnify the city from liability. Warden stated he would discuss continuation of the insurance by the seller until such time as all equipment is removed or removal of all equipment so the building can be demolished. Filla requested Warden determine from his client what is contained in the storage tanks at the site and if the material will be removed by the seller; Warden agreed to discuss the matter with his client. . Filla questioned if the March 28 deadline could be extended for further review and discussion; Warden advised the date could be changed to coincide with the next Regular Council meeting. Minutes of the Arden Hills Regular Council Meeting, March 27, 1989 Page 6 I KEM MILLING (Cont'd) Malone moved, seconded by Hansen, that Council direct Acting Attorney Filla and staff to initiate an environmental survey on the site, initiate a boundary line survey of the property. contact a firm to receive a quote for building demolition, upon completion of the environmental survey make recommendation for proceeding with the purchase of the KEM Milling site at the next Regular Council Meeting held April 10, and continue negotiations with Kem Milling for cost-sharing for the environmental survey and other issues discussed. Motion carried unanimously. (5-0) REPORT OF CLERK ADMINISTRATOR RFP; CITY ATTORNEY Council was advised by Clerk Administrator Berger that fourteen proposals for City Attorney were received; to Council this date. He requested Council recommend an attorney. copies were distributed procedure for retaining Council concurred to review the proposals prior to the next Regular Council Meeting held April 10; it was agreed to determine three or four proposals for interview purposes, set a date for the interviews and set selection criteria. Jamie Jensen, resident of Arden Hills and attorney, introduced himself to Council and commented that all attorneys submitting proposals would be duly qualified and he is the only applicant from Arden Hills. . APPOINT TEMPORARY ENGINEER; SEH such time as a new Council was referred to the memorandum from Berger dated 3-24-89, recommending appointment of SEH as the City's temporary engineering firm until further notice or until permanent appointment can be made. Malone moved, seconded by Hansen, that Council appoint the engineering firm of Short-Elliot-Hendrickson as City Engineer until such time as the proposals are reviewed and move to appoint a permanent engineer. Motion carried unanimously. (5-0) OTHER BUSINESS STOP SIGN; FERNWOOD AND COUNTY ROAD F Councilmember Malone questioned when the temporary stop signs would be removed from Fernwood Avenue and County Road F. Public Works Supervisor Raddatz advised he was waiting for the sign replacements prior to removing the temporary signs. STREET LIGHT; HAMLINE/HWY 96 Councilmember Malone questioned when the street light at Hamline and Highway 96 will be replaced. . Raddatz advised he had contacted NSP to replace the light and he will call to advise them it has not repaired. CONSENT CALENDAR Councilmember Hansen explained that the procedure for moving an item from the consent calendar for discussion does not require a Council motion; she stated this for informational purposes. MPCA PERMIT Councilmember Hansen questioned if the Council will be responding to the MPCA permit for the rendering plant. Mayor Sather advised that a written response is being prepared by the New Brighton Attorney and Inspector McGinley which will address specific testing criteria; the response will be forwarded to Arden Hills for review and comment prior to submission to the MPCA. ADJOURN Hansen moved, seconded by Growe, that the meeting be adjourned at 9:05 p.m. Motion carried unanimously. (5-0) Gary R. Berger Clerk Administrator Thomas R. Sather Mayor . NOTICE OF MEETING The next Regular Council Meeting will be held on Monday, April 10, 1989, at 7:30 p.m., at the Village Hall.