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HomeMy WebLinkAboutCC 10-02-1989 MINUTES OF THE ARDEN HILLS SPECIAL COUNCIL MEETING . MONDAY, OCTOBER 2, 1989 - 4:30 P.M., CITY HALL CALL TO ORDER Pursuant to due call and notice thereof, Acting Mayor Nancy Hansen called the meeting to order at 4:32 P.M. ROLL CALL The roll being called, the following members were present: Acting Mayor Nancy Hansen, Councilmembers JoAnn Growe, Paul Malone and Thomas Mahowald. Also present: Clerk Administrator Gary Berger, City Attorney Jerry Filla, Public Works Supervisor Dan Winkel, and Administrative Secretary Mary Ann DeLaRosa. Absent: Mayor Thomas Sather. ADOPT AGENDA Councilmember Malone moved, seconded by Councilmember Mahowald to adopt the agenda as revised, to include reports on Kern Milling, Trammell Crow, and personnel. Motion carriedt (4-0) . ARSENAL/SHOREVIEW Mr. Chuck Ahl, Public Works Director from the City of UTILITY HOOKUP Shoreview, was present to discuss the proposed utility connection between the Army Reserve Center and the City of Shoreview. Mayor Sather had submitted his concerns and questions to the Council on this topic previously. Mr. Ahl noted that the Agreement for Sanitary Sewer and Water Main . Extension and Service was for the Department of Army Reserve Center to be located at the northwest corner of Lexington Avenue and TH 96, within the City of Arden Hills. City Attorney Filla briefed the Council on wh~re Shoreview is at with this agreement, and what the agreement does or does not accomplish. He noted that Shoreview wants to maintain the integrity of their utility services, by not having contaminated wastes allowed in their system, no hazardous dumping, no non-use for emergencies and they want to recover part of the cost for constructing oversized trunk lines. Mr. Filla said the total amount the Army will pay Shoreview is $243,530.96. $200,000 of this amount is designated as an lIinitial fee". $43,530.96 would be for tangible connection charges such as meters, valves, inspection costs, etc., plus quarterly use charges. Filla noted that originally the Army wanted utilities from Arden Hills but the cost was prohibitive, so the Army then turned to Shoreview with their request for utility service. Mr. Chuck Ahl noted that Ramsey County will have final plans for Lexington Avenue improvements in February or March, 1990 and will probably award the construction contract in June or JUiy, 1990. The County wants assurance that the fees will be paid by the two cities. Ahl noted that Shoreview approves of the proposed agreement with the Army but does not approve of what goes on at the site, such as the pollution, stored busses, etc. He stated the Army is not a good neighbor for either Shoreview or Arden Hills and their proposal is not a good use for the land. He stated this would . be a good way to receive money from the Army for the Lexington Avenue improvements. Councilmember Malone suggested that Arden Hills be included as a co-inspector and be allowed to look at the site development plans with the . October 2, 1989 Special Council Meeting, Page Two City Engineer looking at the plans and being allowed to inspect the work. City Attorney Filla noted that local zoning regulations do not apply to the Army or TCAAP. He said if TCAAP is agreeable to review by Arden Hills, that would be fine, but he was not sure if the Army would agree to such a review. Councilmember Malone suggested the City be allowed to review the site plan, make inspections and recommendations and that Arden Hills will expect a response from TCAAP. Filla suggested the Council tell the Army what they want, otherwise the Army will not receive water from Shoreview unless Arden Hills' concerns are included in the agreement. Councilmember Mahowald questioned if Arden Hills can be bought for $52,000 for something they don't want or care about. He suggested the City take a tougher stance and attempt to have more say in the plans. Councilmember Growe suggested seeing how expensive it might be for the Army to proceed on their own. Chuck Ahl noted that Shoreview's original price for the utility service was $325,000 and that if neither Shoreview or Arden Hills wants to participate, the Army has their own set of plans to proceed on their own. . Councilmember Malone asked to make the agreement a "three party" agreement between Arden Hills, Shoreview and the Army, to allow inspection, review and comments by Arden Hills on the proposed plan. with the Army to respond to Arden Hills' comments, particularly reducing the visual impact as much as possible. City Attorney Filla noted that money is not an issue to the Army, timing is important and the Army might allow Arden Hills to have input on the site review. Filla suggested that until Arden Hills' concerns are addressed, Shoreview will not provide utilities, and that perhaps this plan should be reviewed by the Planning Commission. He asked how long it may take to get a response from the Army. Chuck Ahl stated a response could take from 2 weeks to 30 days if the Army is receptive, or they might not be receptive to a review at all. It is conceivable that the Army could close the door and walk away, with no negotiations with anyone. Public Works Supervisor Winkel asked who will provide police/fire protection to this building. If Arden Hills does, the Army should be charged. Chuck Ahl, Shoreview Public Works Director, noted he spoke to Mike Fix of the Army and was told the permit is to allow Honeywell to store hazardous materials on the site longer than 90 days and for disposal. Site F will be closed and could be used as a detonation site. The permit will require clean-up and closing of Site F per EPA and PCA regulations. . Attorney Filla said the hearing notice permit imposes standards that were not in effect in 1979, will make the site safer, and will not allow new materials to be brought to the site. Filla asked how much time the City -- October 2, 1989 Special Council Meeting, Page Two . City Engineer looking at the plans and being allowed to inspect the work. City Attorney Filla noted that local zoning regulations do not apply to the Army or TCAAP. He said if TCAAP is agreeable to review by Arden Hills, that would be fine, but he was not sure if the Army would agree to such a review. Councilmember Malone suggested the City be allowed to. review the site plan, make inspections and recommendations and that Arden Hills will expect a response from TCAAP. Filla suggested the Council tell the Army what they want, otherwise the Army will not receive water from Shoreview unless Arden Hills' concerns are included in the agreement. Councilmember Mahowald questioned if Arden Hills can be bought for $52,000 for something they don't want or care about. He suggested the City take a tougher stance and attempt to have more say in the plans. Councilmember Growe suggested seeing how expensive it might be for the Army to proceed on their own. Chuck Ahl noted that Shoreview's original price for the utility service was $325,000 and that if neither Shoreview or Arden Hills w~nts to participate, the Army has their own set of plans to proceed on their own. . Councilmernber Malone asked to make the agreement a lfthree partyU agreement between Arden Hills, Shoreview and the Army, to allow inspection, review and comments by Arden Hills on the proposed plan, with the Army to respond to Arden Hi lIs' comments~ particularly reducing the visual impact as much as possible. City Attorney Filla noted that money is not an issue to the Army, timing is important and the Army might allow Arden Hills to have input on the site review. Filla suggested that until Arden Hills' concerns are ddressed, Shoreview will not provide utilities, and that perhaps this plan should be reviewed by the Planning Commission. He asked how long it may take to get a response from the Army. Chuck Ahl stated a response could take from 2 weeks to 30 days if the Army is receptive, or they might not be receptive to a review at all. It is conceivable that the Army could close the door and walk away, with no negotiations with anyone. Public Works Supervisor Winkel asked who will provide police/fire protection to this building. If Arden Hills does, the Army should be charged. Chuck Ahl, Shoreview Public Works Director, noted he spoke to Mike Fix of the Army and was told the permit is to allow Honeywell to store hazardous materials on the site longer than 90 days and for disposal. Site F will be closed and could be used as a detonation site. The permit will require clean-up and closing of Site F per EPA and PCA regulations. . Attorney Filla said the hearing notice permit imposes standards that were not in effect in 1979, will make the site safer, and will not allow new materials to be brought to the site. Filla asked how much time the City October 2, 1989 Special Council Meeting, Page Three . has before they have to take action. Chuck Ahl noted that Ramsey County has about 3-4 months before Lexington Avenue will go, and the Army has the money now and needs to get started as soon as possible. Funds were given to the Army for this specific project. Counci1member Hansen asked why Arden Hills' share of the Lexington Avenue cost is less than Shoreview's. Ah1 noted that Shoreview has additional storm sewer improvement costs. Counci1member Malone said he would rather be responsible for the City's funds to upgrade the west side of Lexington and the City should control their own resources and funding, rather than having Shoreview paying the costs with Arden Hills money. Attorney Filla noted the agreement should reflect that Shoreview will pay Arden Hills their share of the payment and this should be in a separate agreement between the two cities. Councilmember Hansen noted she would like Arden Hills' name included in the agreement for building inspection and site review. Attorney Filla suggested the agreement be approved subject to the following: that the agreement will have to be amended to allow Arden . Hills review and comments on: 1. site development plans. 2. utility plans. 3. a separate agreement between the two cities indicating the manner in which the initial fee will be divided. Councilmember Mahowald suggested including assurance of compliance with building and fire codes, setback requirements, landscape plans, and aesthetics including a buffer or green space between the parking lot and right-of-way on Lexington. Filla suggested that the utilities be disconnected if these items are not completed within a reasonable period of time. Councilmember Growe moved, seconded by Councilmember Malone, to approve the agreement subject to: 1. Review of utility plans by the Arden Hills City Engineer and/or Public Works Supervisor. 2. Review of site and landscape plans, including compliance with State fire and building codes, as well as setback requirements. 3. A provision to include discontinuation of utility service if the site plans as reviewed by Arden Hills are not constructed within a reasonable time period. 4. An agreement between Arden Hills and Shoreview as to how the initial fee of $200,000 will be split (50-50) and the imposition of a 10% . surcharge on quarterly utility rates to be paid by Shoreview to the City of Arden Hills. Motion carried unanimously, (4-0) . . October 2, 1989 Special Council Meeting, Page Four KEM MILLING City Attorney Filla noted that Rolfe Worden, attorney UPDATE for Kern Milling, called him on September 25 indicating that Kern would agree to sell their property to the City for $440,000, as is, which was $110,000 less than the original purchase price agreed upon. Mr. Worden contacted Filla again on October 2, noting he did not have a response from the City yet. Filla noted that in a previous meeting with Kem Milling representatives, the City offered $385,000 for the site, as is. He asked what the City wanted to do in this regard and felt it might be worthwhile to discuss, as Kem Milling would like an answer as soon as possible. After discussion of possible demolition and clean-up costs for the site, Councilmember Malone moved, seconded by Councilmember Mahowald, to amend the purchase agreement and to offer $385,000 for the site, as is, based on the clean-up costs contained in the Delta report. Motion carried unanimously (4-0). After further discussion of possible funding to remove the contaminated tanks, Council concurred to withdraw the motion and directed City Attorney Filla to ask for a written request from Rolfe Worden, to be received by Friday, October 6, for discussion at the October 10 Council meeting. . TRAMMELL CROW Clerk Administrator Berger advised the Council of a UPDATE meeting he had with Trammell Crow representatives, Consultant Jim Casserly, and Ramsey Technical representatives on Friday, September 29. He noted another meeting was planned for Thursday, October 5, at 10:30 A.M. and invited any interested members to attend if they were available. Berger noted that Ramsey Technology is anxious to build but they need a yes or no answer from the Cit~.. Councilmember Mahowald suggested to continue working with them, but suggested there is no big rush, perhaps there will be a better package available. Councilmember Hansen was uncomfortable with abating their taxes for 20 years as part of the package. Councilmember Malone noted he would like to see a comprehensive development plan for the Tax Increment Financing district. Berger also noted a meeting to be held this coming Thursday morning, at 8:30 between City Attorney Filla, City Engineer Terry Maurer and staff, to discuss an assessment policy. RESIGNATION Council acknowledged receipt of a letter of resignation from receptionist/clerk typist Amy Triese, who also requested an exit interview with the City Council. Councilmember Malone stated he was of the opinion that Ms. Triese was not entitled to an exit interview with the Council, since she does not report to them. Her exit interview should be with her supervisor, Clerk Administrator Berger. Councilmember Mahowald concurred. . Councilmember Malone noted that the Council does not have to accept the resignation. Malone moved, seconded by Councilmember Growe, to acknowledge receipt of the letter and directed that Ms. Triese should be advised to schedule an exit interview with Clerk Administrator Berger, or . October 2, 1989 Special Council Meeting, Page Five attend a City Council meeting and speak to the Council at that time. Council also authorized the Clerk Administrator to proceed with advertising for a replacement. COUNCIL COMMENTS CouTlcilmember Growe noted she would not be able to attend Thursday morning's meeting, since she would be out of town. FENCE PERMITS Councilmember Malone noted that a fence is being erected at 1469 Dawn Circle without a permit and that the owner is excavating and dumping the excess across the way onto park property. He suggested the building inspector check on this. Councilmember Hansen also noted that a fence is being installed behind 1970 Stowe, also without benefit of a permit, and that the inspector should also make note of this. LAKE JOHANNA Councilmember Hansen noted she had walked in the area of the sewage leak in Lake Johanna and saw no evidence of permanent damage. She asked if the area had been retested. Administrator Berger noted he would request that the area be retested. ADJOURN There being no further business to come before the Council, Councilmember Growe moved, seconded by . Councilmember Malone that the meeting be adjourned. Motion carried unanimously, (4-0) . TIME OF ADJOURNMENT: 7:02 o'clock P.M. ATTEST: Ga~Be~er~ Clerk Administrator . - - ..-