Draft Minutes November 19, 2012, Work Session

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ARDEN HILLS CITY COUNCIL WORK SESSION—NOVEMBER 19, 2012 2 Mike Norton, Kennedy & Graven explained that hot spots were subject to remediation. The idea was that fee title would be obtained once the County remediation was complete. The County would not be able to sell the property for development until the hot spots were cleaned. i Councilmember Holden questioned how someone could develop near County Road H, if the County did not have marketable fee title in this location. City Administrator Klaers explained development would not be allowed because the area did not have utilities. He stated that no site would be able to be developed until marketable fee titles were obtained by the County and this would occur after the site was properly remediated. Councilmember Holden requested the word"significant"be removed from Item D on Page 1. Councilmember Holden inquired if the City would be responsible for any expense for improved County roads in TCAAP. She wanted to be assured the City would not be assuming any of these costs. Mr. Norton stated that later in the agreement, off-site transportation expenses are addressed. He noted that off-site transportation issues and expenses would be the County's responsibility. Councilmember Holden asked how the City could avoid putting $4 million of public assets into the site up front. She expressed concern that the City would be liable for improvements if the County were to sell the land near County Road H. Public Works Director Maurer stated that money would be needed for trunk utilities and assessments could be established to assist with this expense, in addition to rate adjustments. Mr. Norton explained the City would still have the right to refuse utilities through the JPA language. He commented that the City was allowed to default back to the Master Plan, Zoning Code and Comprehensive Plan prior to approving any future development. Councilmember Holmes suggested the spine road be further addressed in the JPA and Master Plan. Councilmember Holden requested further explanation on the definition of the "City's Investment". Mayor Grant noted that any expense arising in the AUAR which was defined as a public improvement was the City's responsibility and would be recoverable. Mr. Norton stated this section was not meant to define all expenses covered but rather assure that the City would be allowed to recover these expenses. Councilmember Holden asked who would be responsible for the wellhead monitoring. She wanted to be assured the City was not liable for the wells.