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ARDEN HILLS CITY COUNCIL WORK SESSION – NOVEMBER 24, 2014 6 Further discussion ensued regarding TCAAP zoning options. Councilmember Holden questioned if the Planning Commission would review any of the proposed developments for TCAAP. Community Development Director Hutmacher explained that the City would not review any developments unless they were rejected by the JDA, at which time the developer could then approach the City. The City Council could make zoning amendments, but would not review individual development proposals. As is currently the situation, the Planning Commission would review proposed zoning amendments and make recommendations to the City Council. Councilmember Holmes expressed concern that the zoning regulations will restrict the options for developers. She stated that she preferred Option B. Councilmember Werner supported the additional flexibility offered in Option B. Councilmember Holden requested that the building height language for residential buildings be reviewed. Mayor Grant summarized that the Council was more in favor of Option B. He recommend ed staff review the minimum densities in Option B. He suggested that quality building materials also be considered for the TCAAP homes. B. Recycling RFP Discussion City Attorney Jamnik stated that the City has received a letter from the Dorsey & Whitney Law Firm representing Garbage Haulers for Citizen Choice (GHCC) and the McGrann Shea Carnival Straughn & Lamb Law Firm representing the National Waste & Recycling Association (NW&RA). The two letters that have been received are in regard to the recent RFP for Comprehensive Recycling Services. City Attorney Jamnik explained that the two letters were claiming that because the RFP asked for potential expansion of materials collected, that this triggers the State requirement for public notice. He stated that if the City moves forward with the RFP and expands the nature of the recycling program to include organics/yard waste/electronics there is a threat of litigation. City Attorney Jamnik reviewed the options available to the Council stating the RFP could be pulled back and the City could follow the statutory procedures for organized collection. These procedures typically take a year or more. Another option for the Council would be to continue with the RFP process and see if a lawsuit followed. City Attorney Jamnik recommended that the Council continue with the current RFP process but that the City not add any large scale options at this point. He discussed the overall larger issue facing the City, County and State regarding organics pick-up. He advised that if a contract were to be considered with a different set of collected materials, he would have to reevaluate his decision. Councilmember Werner supported the recommendation of staff.