The URL can be used to link to this page

Home My WebLink About09-12-95 CCMMINUTES APPROVED: 9-19-95 LAKE ELMO CITY COUNCIL WORKSHOP SEPTEMBER 12, 1995 Mayor John called the Council workshop to order at 5:12 p.m. in the council chambers. PRESENT: Hunt, John, Johnston, Attorney Filla and Administrator Kueffner. ABSENT: Conlin, Del-app. 1. AGENDA M/S/P Hunt/Johnston - to approve the September 12,1995 council agenda as presented. (Motion passed 3-0). 2. Discussion on the SW-1 Landfill Negotiations Mayor John provided the council with a memo, dated September 10, 1995, on a proposed agreement and plan. The Council discussed the proposal and was in agreement with the following items Attorney Filla presented in his Outline Proposed Agreement: 1. The city will accept $213,000 in settlement of any contract claims which it may have against the County. 2. The city will retain ownership of the site and convey easements to the PCA. 3. The City will retain ownership of the finished compost and woodchip stockpile. The PCA will move such material to the Richert site and will spread thq unfinished compost on the fill site. 4. The City will be allowed to use the Richert property for composting in the Fall of T995 in order to satisfy the city's obligations under its 1995 composting program. Any compost remaining on the Richert property after the Fall of 1995 shall belong to the PCA. 5. The PCA will install a new driveway to the maintenance building as approved by the City Superintendent of Public Works. 6. PCA will expand easements around the pole barn in the maintenance area to facilitate access. 7. The PCA will use the existing Fire Station building, but will allow the city to salvage improvements when the PCA no longer needs the building. S. The PCA will remove the fire station building when it is no longer needed. M/S/P John/Johnston - to direct the city attorney to prepare the outline, as discussed, of a settlement agreement with Washington County and the MPCA for presentation to the Washington County Board next week. (Motion passed 3- 0). Administrator Kueffner asked if she could have a draft copy of the outline so she could FAX it over to the County Administrator for his input before it went to the County Board. M/S/P Hunt/Johnston - to adjourn the council workshop at 6:35 p.m. (Motion passed 3-0). LAKE ELMO CITY COUNCIL WORKSHOP TUESDAY, SEPTEMBER 12, 1995 5:00 P.M. MEETING CONVENES 1. AGENDA 2. SW-1 Landfill Discussion 3. Other 4. Adjourn 1 To: Lake Elmo City Council From: Wyn John Subject Vashington County Landfill No 1 Negotiations Date: September 10, 1995 cc Lake Elmo City Administrator Lake Elmo City Attorney Lake Elmo City Engineer Our original negotiations with Washington and Ramsey Counties, and our claim for $680,000 compensation was based on the understanding that the MPCA was firm in its declaration that no modification or extension of the buildings and associated land for maintenance would be permitted, and that following the agreement, all liabilities by the Counties for the site would cease. Subsequent discussions indicate that this is not exactly so. Modification of the buildings was meant to be extension of the buildings towards the landfill. Internal modifications such as erection of partition walls etc., would be acceptable. The intermittent encroachment of the landfill area for purposes of equipment access to the pole barn would also be permitted, as long as there was no interference with IVIPCA activities in capping the landfill. Unofficial discussions between Mary Hauser and Steve DeLapp indicate that "Washington County would aid Lake Elmo in the event that a long term health problem was still found to exist at the site." [This is my understanding of Steve's comment which will require more than a verbal commitment to be valid. W.M.J.] Mary Kueffner has been told by Jim Schugg that Washington County recorded the contract for deed so that the whole area purchased for $75,000 now belongs to Lake Elmo. In addition he felt that he could get agreement from the Counties to increase their offer of $150,000 to $213,000 by eliminating the arbitrary 50% split in the written down value of the maintenance buildings. So, the current scenario is as follows: Lake Elmo owns 110 acres of land, of which 63.5 acres is needed by the MPCA for their capping program. The remaining land will remain in Lake Elmo for use as a park (as originally intended) and for a City building location. Compensation for the 63.5 acres and the vacated fire station, totaling $213,000, will be provided by Washington and Ramsey Counties. If $13,000 are attributed to fire station improvements, then the compensation for the land fill becomes equivalent to $3,150 per acre. $680,000 for the 63.5 acres places the land value above residential acreage costs. I propose the following agreement and plan: 1. Lake Elmo retains the parkland, maintenance site and buildings. 2. 3 bays in the maintenance building are converted to 2 fire hall bays and one ambulance bay (paid for by Lakeview Hospital). 3. Cooking facilities and a cafeteria seating -area (plus offices if needed) are added to the maintenance building. 4. The pole barn storage area is retained for park equipment storage area at no cost. The MPCA has agreed to permit space for access and egress to this building for equipment. 5. The maintenance building would house fire and ambulance equipment and office space for the Parks Department. 6. A new site for the maintenance area, outside material storage, the compost site and additional space for expansion should be purchased. Say 15 acres at $8,000 per acre will cost $120,000, $135,000 at $9,000 per acre. 7. Allow $50,000 for 2) and 3) above. S. If a new maintenance building costs approximately $310,000, then $282,000 will need funding by a bond, or the building leased via HRA funds. This ignores any contribution from Lakeview for the ambulance bay. 9. The long term title to the MPCA site reverts to Lake Elmo for use as a passive park and nature reserve. To summarize the costs: Modification of maintenance building $50,000 Purchase of new site $135,000 New maintenance building $310,000 Total outlay $495,000 .Less: Money received from Washington County $213,000 Total to be funded $282,000 This is a very quick analysis, and many more details may change the costs. But with your support we can move this problem along and at least receive some compensation. My worry is that, from Jerry Filla's analysis, the City could be considered a knowing party and end up with nothing. What I propose will at least keep faith with our concerns, and result in an improvement in City services. SEP-01-1995 15135 TKDA 612 292 0093 P.04%05 TKDA TOLTZ, KING, DUVALL, AND9R80N �.. AND A88001ATES, INCORPORATO ENGINEERS - ARCHITECTS - PLANNERS IMO PIPER.IAPPRAV PLAZA 444 OEDAR STREET SAINT PAUL, MINNESOTA 98101.9140 PHONEM2R02.4/00 PAX101=02.0083 September 1, 1995 Honorable Mayor and City Council Lake Elmo, Minnesota Re: Request for Time Extension 1995 Overlay Project Lake Elmo, Minnesota Commission No. 10831 Dear Council Members: We have received the attached letter from T. A. Schifsky and Sons requesting an extension of contract completion date from the specified September 1, 1995 to September 15, 1995. They cite delay due to wet weather as the justification. Background I The contract was awarded on May 2, 1995. The specified completion date is September 1, 1995, The contract provided that liquidated damages will be charged at $400 per calendar day for each day the work is not completed. The work consists primarily of blacktopping but also contains minor drainage improvements which must be completed prior to the paving. As of this date, all the drainage work is completed, but none of the paving work has started. One of the reasons we set September 1, 1995 as the completion date is so that we would have approximately two weeks to calculate the costs for preparation of assessments. If we do not have the final costs, we must assess based on estimates which is undesirable. We would like to report final costs tb you On September 19 and call the assessment hearing for October 17. If the contractor completes work on September 15 as requested, this will give us three days (Saturday, Sunday, Monday) to prepare the final costs prior to the September 19 Council Meeting. Action Requested ]Determine if a time extension should be granted or whether liquidated damages will be imposed. Sincerely, Larry D. Bohrer, P.E. LDB/mha Enclosure SEP-01-1995 15:35 TKDP 612 292 0083 P.05/05 T. A SCHIFSKY a Sams, mc. Tennis Courts Landscape Rock Self Sand AUG, 30, 1995 2370 Highway 36 NORTH ST. PAUL, MINNESOTA 55109 Telephone M-1313 TKDA 1500 PIPER JAFFRAY PLAZA 444 CEDAR STREET ST PAUL, MN 55101-2140 ATTN: LARRY BOHRER RE: 1995 OVERLAY PROJECT LAKE ELMO, MINNESOTA COMMISSION NO. 10831 DEAR LARRY, Hot MIX —Wholesale and Retail 81tuminous Surfacing and Oiling Crushed Rock and Gravel WE RESPECTFULLY REQUEST THE EXTENSION DATE OF SEPT, 15, 1995 FOR THE COMPLETION DATE OF THE ABOVE REFERENCED PROJECT, WE HAVE HAD A DELAY IN OUR SCHEDULE DUE TO THE WET WEATHER, THANK YOU FOR YOUR SINCERELY, r^ DAVID W, SCHIFSKY, CEO OF THIS MATTER. sfp 1995 \j v?pVc;Od A TOTHL P.05