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HomeMy WebLinkAbout08-10-09-R �SI�EN HILLS Approved: August 31, 2009 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING AUGUST 10, 2009 7:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Stan Harpstead called to order the regular City Council meeting at 7:00 p.m. Present: Mayor Stan Harpstead; Council Members David Grant, Brenda Holden, Dave McClung and Fran Holmes. Absent: None. Also present: City Administrator Ronald Moorse; Finance Director Susan Iverson; Community Development Director James Lehnhoff; Public Works Director Gregory Hoag; Civil Engineer Kristine Giga; City Attorney Jerry Filla; Chris Chromey, Bolton and Menk, Inc.; and Recording Secretary, Tina Borg. PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to approve the agenda as presented. The motion carried unanimously (5-0). 2. PUBLIC INQUIRIES/INFORMATIONAL A. TCAAP Update City Administrator Ronald Moorse stated that while the City is moving forward with a process to obtain funding and special legislation to enable the bulk of the ARDEN HILLS CITY COUNCIL—August 10, 2009 2 TCAAP property to be cleaned up and reused for parks and open space, the GSA is moving forward to sell the property through a public sale process. These two processes are moving forward simultaneously. The City is contacting potential partners for the parks and open space use; however, the City must also be prepared to impact the GSA's public sale process to help ensure that the City's needs are reflected in that process. It is the City's position that the public sale must include a mechanism to ensure that the buyer completes the clean-up of the property in a timely manner. Furthermore, the public sale process must also provide information to the potential bidders regarding the City's expectations for the reuse of the property and limitations on the property, such as land use and the limited road access. Letters have been sent to the City's Congressional delegation updating them regarding the TCAAP property. Public Mayor Harpstead opened the public inquiries/informational at 7:03 p.m. Mayor Harpstead closed the public inquiries/information at 7:04 p.m. I APPROVAL OF MINUTES A. June 29, 2009 Regular City Council Meeting Councilmember Holden stated that on page 4, in the fifth paragraph, the words "right away" should be changed to "quickly" and "because" should be changed to - "since". Councilmember Holden stated that on page 20, the fourth paragraph, the last sentence should read "The bottom line on anything that happens at TCAAP will involve access, transportation and funding mechanisms." Councilmember Holmes stated that on page 22, the sixth paragraph should read "Councilmember Holmes asked what Councilmember Grant's concerns were if the Resolution was not passed until the next meeting." Councilmember Holmes stated that on page 23, the Resolution Number in the motion should be 2009-18. B. July 15, 2009 City Council TCAAP Work Session Meet ing ARDEN HILLS CITY COUNCIL—August 10, 2009 3 Councilmember Holden stated that on page 13, after the ninth paragraph it should state that it was the agreed on by the Council that the City would set up bi-weekly conference calls with the GSA. Councilmember Holmes stated that there were several typographical errors, such as double periods, and suggested that these minutes be proofed again to correct these errors. Mayor Harpstead asked to clarify that typographical errors were non-issues and they could be corrected at any time. City Attorney Jerry Filla confirmed that typographical errors were non-legal issues and did not have to be brought before the Council. MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the June 29, 2009 Regular City Council Meeting Minutes and the July 15, 2009 City Council TCAAP Work Session Meeting Minutes as amended. The motion carried unanimously (5-0). 4. CONSENT CALENDAR A. Claims and Payroll B. Motion to Approve Payment #4 to Frattalone Companies, Inc., of Little Canada, Minnesota, in the Amount of $190,103.01 for the 2009 Pavement Management Program MOTION: Councilmember Grant moved and Mayor Harpstead seconded a motion to approve the Consent Calendar as presented and to authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). 5. PULLED CONSENT ITEMS None. 6. PUBLIC HEARINGS None. 7. NEW BUSINESS AR- DEN HILLS CITY COUNCIL—August 10, 2009 4 A. Motion to Award the 2009 Sanitary Sewer Lining Project to Visu- Sewer, Inc., of Pewaukee, Wisconsin, in the Amount of$44,960.50 Civil Engineer Kristine Giga stated the majority of the City's 42 miles of sanitary sewer mains were constructed in the late 1950's and early 1960's, utilizing clay the pipe. Over time the joint materials have failed allowing root intrusion. The 2009 Capital Improvement Plan includes funding for a sanitary sewer lining program to extend the life of the City's sanitary sewer by 50 years or more. This technology essentially installs a new resin pipe inside the old clay the sewer main without digging up City streets, which results in minimal disruption to residents during construction. This technology also prevents infiltration of groundwater into the system and can be credited toward the City's inflow/infiltration surcharge. The location for the sewer lining project was reviewed and a map was provided to the Council. There is approximately 1,100 lineal feet of sewer main lining in the areas identified as having root intrusion or infiltration problems. This project would be funded using funds from the Sanitary Sewer Enterprise Fund. Councilmember Holden stated that the budgeted amount for this project was $75,000. She asked if there had been an engineering estimate or where the cost estimates had come from for the budget amount. Civil Engineer Giga stated that the engineering estimate was based on costs received last year. The prices from last year were higher than the current prices. Councilmember Holden asked if there were additional sewers that could be lined - since the costs were favorable. Civil Engineer Giga stated that Staff is looking into this. The contract with Visu- Sewer can only be increased by 25% of the contract amount or 250 feet and Staff is trying to locate an area that fits this criteria. Staff is also talking to Visu-Sewer to see if they would be amenable to adding to the project. Councilmember Holden stated that Staff could put another area out for bid if there are additional areas that need to be done. Civil Engineer Giga stated that Staff could look at doing this as well. Mayor Harpstead clarified that the recommendation from Council would be to put together another project for bid or work with Visu-Sewer to increase the amount of the contract. ARDEN HILLS CITY COUNCIL—August 10, 2009 S Councilmember Holden clarified that she would like to see another project put together beyond the 25% additional amount to the contract with Visu-Sewer. Councilmember Grant agreed that another project would be a good idea at this time. Mayor Harpstead stated that it would be good to get the sewer lining done since construction rates are still coming in low. MOTION: Councilmember Holden moved and Mayor Harpstead seconded a motion to Award the 2009 Sanitary Sewer Lining Project to Visu- Sewer, Inc., of Pewaukee, Wisconsin, in the Amount of$44,960.50. Councilmember Grant clarified that the motion does not include the additional 250 feet that the City would like to add to the contract. Civil Engineer Giga stated that Staff could talk with Visu-Sewer to determine what they would be able to do and bring any additional amounts to the Council as a change order in the Consent Calendar at the next meeting. Councilmember Grant suggested Staff discuss having Visu-Sewer do additional work beyond the 250 feet and if they agree to this then it could be added as a change order as well. Civil Engineer Giga stated that this may be possible and she would check with the - City Attorney on what the legal restrictions were regarding this. Councilmember Holden stated that if Visu-Sewer agreed to do additional sewer lining then Staff would not have to prepare another bid. The motion was called to a vote. The motion carried unanimously (5-0). 8. UNFINISHED BUSINESS A. Approve the Full and Final Settlement Between the City of Arden Hills and James and Julie Rechtiene in the Amount of $1,750 for Damages Caused to the Driveway at 3327 Dunlap Street Public Works Director Gregory Hoag stated that back in November 2007 there was a water main break at 3327 Dunlap Street. The property owners notified the City that they had just replaced the driveway and the contractor had provided the residents with a two year warranty. Due to the City's digging up and patching a ARDEN HILLS CITY COUNCIL—August 10, 2009 6 portion of the new driveway to complete the repair of the water main, the driveway contractor informed the residents that the warranty on the driveway was now void. In December of 2008, City Attorney Jerry Filla spoke with an Attorney representing the residents. At that time they spoke to some additional options for resolving this issue. These discussions have been back and forth between City Attorney Filla, the residents, and their attorney. The current proposal from the residents is for the City to pay the residents $1,750 as a full and final settlement. The $1,750 proposal is slightly higher that what it would cost the City to replace the driveway if they did the work. The cost for the City would be about $1,200 and this would not include the price for any special equipment that may be needed or any additional cost for materials because the materials used by the residents were a special blend of asphalt. City Attorney Filla is recommending the City accept the revised Settlement and Release Agreement from the residents. Councilmember Holden asked what exactly the City settling for. She asked if the amount of money requested was because the resident's warranty had been voided or if the request was to settle something else. City Attorney Filla stated that it was his understanding that there was some settlement in the driveway. Public Works Director Hoag stated that this was not correct. Originally when the City did this project the residents wanted the entire driveway replaced. Until the matter was resolved Staff has repaired the driveway. There is a square that was cut out of the driveway, which is in the City's right-of-way. Normally as a restoration the City would do a single saw cut across and put in one seamless piece of asphalt. Councilmember Holden clarified that the residents did not want this done. Public Works Director Hoag stated that this was correct. Councilmember Holden asked why the City was settling if the area was in the City's right-of-way and the patch was what the City normally does. City Attorney Filla asked Public Works Director what it would cost the city to do this work. Public Works Director Hoag stated that the cost would be approximately $1,200 if the city did it. This amount is for regular asphalt and does not include the rental of any special equipment. ARDEN HILLS CITY COUNCIL—August 10, 2009 7 Councilmember Holden asked for clarification on why the City was settling and if it was because the warranty on the driveway had been voided. City Attorney Filla stated that if it costs the city $1,200 to do the work and turning it over to the League of Cities would cost the City more. The idea was to have the residents assume the risk of having their contractor do the work and the City was no longer involved. Councilmember Holden clarified that the next time the city does a PMP project and there is a similar situation then what does the City do. She asked if this would be setting a precedent for the future. She stated that if the settlement was for voiding the resident's warranty then that would be understandable in this situation. City Attorney Filla stated that the City was not setting a precedent because the unusual circumstances in this situation were that the residents had just finished putting in a new driveway. Councilmember Holmes asked if this went to the League of Minnesota Cities what would be their cause of action. City Attorney Filla stated that their cause of action would be that the City did damage to the residents driveway by the City repair project. Councilmember Holmes asked if the City did do any damage and if so what specific damage was done. - Mayor Harpstead stated that the summary indicated that the residents had lost their warranty on the new driveway that they had installed. Councilmember Grant clarified that the warranty for the entire driveway was voided because of the work the City had done in their right-of-way. He stated that the warranty was a two year warranty and they were into the second year already. Public Works Director Hoag stated that this was correct. Councilmember Grant stated that if the residents did not collect on the warranty they did not loose anything and the warranty is mute. He stated that the Council should have been provided with pictures of the driveway in order to better understand the situation. Councilmember Holmes asked if using asphalt would be cheaper than the special blacktop. ARDEN HILLS CITY COUNCIL—August 10, 2009 8 Public Works Director Hoag stated that he did not have the information on the exact mix of asphalt that the resident had used in their driveway. He stated that he used the City's costs for typical asphalt and estimated the hours needed for the job. The estimate did not include the cost of equipment. Councilmember Homes asked if the City would normally fix it with asphalt. Public Works Director Hoag stated that the City would normally fix it with like materials, so if the driveway was asphalt they would use asphalt and if it were concrete they would use concrete. Councilmember Holmes stated that the estimates that Public Works Director Hoag provided for the cost of the asphalt and the number of hours involved in making the repairs has been inconsistent. It would appear that the City is paying $1,000 more than it needs to for this project. Councilmember Grant stated that the asphalt used in this driveway is of a grade that will not develop a fault line or crack and it has not cracked in two years because the asphalt has not dried out. MOTION: Councilmember Holden moved and Councilmember McClung seconded a motion to approve the Full and Final Settlement between the City of Arden Hills and James and Julie Rechtiene in the Amount Of$1,750 for Damages Caused to the Driveway at 3327 Dunlap Street. The motion carried (4-1 — Councilmember Grant). B. TCAAP Escrow Agreement City Administrator Moorse stated that when the Offer to Purchase (OTP) with the Army/GSA related to the TCAAP property was rescinded, the GSA refunded the earnest money to the City. This earnest money was to be returned to the City's development partner, RRLD. The City is currently holding a portion of the earnest money as an offset to unpaid reimbursable expenditures. The City Attorney has recommended that the funds related to these unpaid expenses be placed into an escrow account while the City and RRLD resolve objections RRLD has regarding the reimbursable expenses. The Council, at its July 27, 2009 regular meeting, tabled action on the TCAAP Escrow Agreement to the August 10, 2009 regular meeting to enable the City Attorney to address a number of questions and concerns regarding how the agreement relates to the Preliminary Development Agreement (PDA) the City had with RRLD, particularly the dispute resolution process. The ARDEN HILLS CITY COUNCIL—August 10, 2009 9 attached Escrow Agreement reflects the revisions that were discussed by the Council. MOTION: Councilmember McClung moved and Mayor Harpstead seconded a motion to approve the TCAAP Escrow Agreement Between the City and RRLD, and Old Republic National Title Insurance Company as the Escrow Agent, and to Authorize the City Administrator to Place the Amount of the Disputed Reimbursable Expenditures into the Escrow Account. The motion carried unanimously (5-0). 9. CO UNCIL COMMENTS AND REQUESTS Mayor Harpstead listed the upcoming committee and Council meetings. Councilmember Holden asked for a list of how many residents had prepaid the assessment amount for the PMP Project. Mayor Harpstead asked Finance Director Susan Iverson to provide this information in the Admin Update. Finance Director Susan Iverson stated that she would include this information. Councilmember Grant stated that there had been a significant amount of rain in the last few days. He asked if Public Director Hoag had any readouts on the I&I and how the city was doing in reducing their I&I. - Public Works Director Hoag stated that he would get the updated information from Met Council and forward it to the Council. Mayor Harpstead asked if the City has its own measurement systems in place. Public Works Director Hoag stated that the City had decided not to rent additional equipment at this time so they do not have their own measurement system in place. Councilmember Grant asked for a sump pump inspection program update. Public Works Director Hoag stated that there were currently 157 unscheduled appointments. He stated that there had been some discrepancies in the mailing list they had used so there would be additional letters going out. Councilmember Grant stated that the mailing list should have been cross referenced with the City's list of residents that received water bills. ARDEN HILLS CITY COUNCIL—August 10, 2009 10 Councilmember Holden clarified that there had been 952 letters initially sent out. - Public Works Director Hoag stated that there had been 925 letters sent out and currently there was 709 inspections done. Councilmember Grant asked if the information from the current sump pump inspections was being compared to the information from the 2003 sump pump inspections. Public Works Director Hoag stated that he had looked at a couple of the entries regarding failures in 2003 and found that they were compliant in 2009. Councilmember Holden clarified that all the 2003 failures were now compliant. Public Works Director Hoag stated that of the entries that he reviewed this would be correct. Councilmember McClung stated that Night to Unite had been on Tuesday, August 3, and there were fourteen parties in the City and he had been able to make it to eight of them. He had noticed that former Councilmember Lois Rem had come to the Council to talk about doing something beyond collecting just school supplies such as collecting money for one of the local food shelves. He noticed that a couple of the other cities in the area have done this and suggested that Arden Hills look into this for next year. - Councilmember McClung requested an update from City Administrator Moorse on the City's 2009 priorities. Councilmember McClung clarified that the City was getting bids for removing the old City Hall building. He stated that there was a rodent infestation at the site and asked if the exterminator had been called to remedy the situation yet. Community Development Director James Lehnhoff stated that this had been taken care of. Councilmember McClung stated that he would be of the state for the October 12 Regular City Council Meeting and the Work Session. Councilmember Holden stated that the new City calendar was really a great tool. She encouraged all the Councilmembers to utilize it. She stated that the Open ARDEN HILLS CITY COUNCIL—August 10, 2009 11 House for Highway 10 and County Road 96 was scheduled for August 18, 2009 from 4:30 p.m-6:30 p.m. Councilmember Holmes stated that in the meeting with Commissioner Tony Bennett he had mentioned that the mayors were talking about a Joint Powers Agreement in regards to TCAAP and that it has been said that since Arden Hills does not have resources to develop the TCAAP property alone a Joint Powers Agreement may be in order. She asked Mayor Harpstead for an update on this. Mayor Harpstead stated that this was a surprise to him and he does not know of anything like this. As regional mayors they do meet on a bi-monthly basis. It happens that the meeting today was how they could explore ways of working together to reduce budgeting costs. It is possible that in that process the confusion was attributed to TCAAP. There is no effort or initiative on his part to go after a Joint Powers Agreement as it pertains to the TCAAP property. Councilmember Holmes stated that these comments would not have been the result of the meetings today because Commissioner Bennett had mentioned it last week. Mayor Harpstead stated that he may have known that the mayors were meeting but there was no discussion on a Joint Powers Agreement that he had been privy to. Councilmember Holden asked if there was a better way to communicate what was going on with all the committees and on commissions. - Mayor Harpstead stated that he would get the updates from the Mayors Meetings back into the process. The other materials are updated to Staff as they become available. In terms of the Cable Commission there is not an effective communications process in place. He asked Community Development Director Lehnhoff to look into getting these updates for the Council. Councilmember Grant stated that the City had increased the amount of time that one of the employees was working in the Parks and Recreation Department from part-time to full-time. One of the justifications for this upgrade was so that this person could work on identifying and applying for additional grants He asked that Staff bring forward an update on what they are looking at and working on in this area. Public Works Director Hoag stated that he would bring this back to Council at a future meeting. ARDEN HILLS CITY COUNCIL—August 10, 2009 12 Councilmember Grant stated that in terms of the old City Hall building the City is - looking at what it would cost to take it down. There are a number of brown field grants available and a majority of them have a due date of May 1, 20 10. There are some grants that are very specific to cities that have brown fields and clean-up funds. It would be a good idea for the City to put together something and apply for some of these. He stated he would forward this information to Public Works Director Hoag. Community Development Director Lehnhoff stated that a number of the State Agencies that are involved in those grants are hosting a session next Tuesday and he will be attending this. He stated that they would be discussing the requirements and deadline dates for these grants and what would apply to this property. Councilmember Grant stated that the neighbors to the south would appreciate the area being cleaned up. He asked what the City did with the Kasota stone that was at the site. Public Works Director Hoag stated that this was currently being stored at the new shop. Councilmember Holden asked if this material could be sold on e-bay. Councilmember Grant asked how much of this material was still available. Public Works Director Hoag stated that he was not sure how much of the material was remaining. He would get this information for the Council and also look at options for liquidating these materials. Councilmember Grant clarified that the Council would need to discuss liquidating these materials. Mayor Harpstead suggested that Staff look at options for liquidating the materials and bring them to Council for authorization. Councilmember Holden clarified that the City was done at this location. Councilmember Grant asked for an update on the three address signs for City Hall that had been recommended. Community Development Director Lehnhoff stated that there had been some feedback from Council and at this time Staff felt comfortable with moving forward ARDEN HILLS CITY COUNCIL—August 10, 2009 13 in ordering the address signage for the main building and also include the 1245 on the monument sign. ADJOURN MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to adjourn. The motion carried unanimously (5-0). Mayor Harpstead adjourned the.- J'ar City Council Meeting at p.m. Stan HarpgfeadF-17 Ronald J. Morrse Mayor City Administrator