03-26-07-R - Laserfiche WebLink

Home Browse Search

ARDEN HILLS CITY COUNCIL - MARCH 26, 2007 10 Councilmember Holmes questioned the meaning of Clause 3. She noted that clause said if there was nobody to transfer the property to, the property would not be used for public purpose. Mr. Filla noted the City had already agreed to do this, so this was not adding an additional burden on the City, but why the GSA wanted this he did not know. Mayor Harpsted stated he read Clause 3 as two separate clauses. Ms. Wolfe stated they were correct that item 3 was included at the suggestion of legal counsel in Kansas City and she believed if they did not have a willing transferee, potentially the transfer of that piece would not occur. She indicated she believed this was done for liability purposes and to not hold the City liable. Councilmember Holmes stated the City was not a willing transferee. Mr. Filla stated this was partially a timing thing. He indicated they can close on the transaction with the GSA even if they did not have someone to transfer the athletic field to. Councilmember Holmes stated she did not understand the purpose of Clause 3; she did not believe it was necessary, and she did not know why it was there. Ms. Wolfe responded the reason it was in there was that there may be reasons discovered as they went through the process up until closing and, if there was not a willing transferee, this would give them the ability to have further discussions about that. She noted the property would need to get transferred back to the City from the developer because the developer would have it for remediation. Ms. Barton stated this would all be spelled out in the Master Development agreement as to who RRLD would be transferring the property to after it was cleaned up. Councilmember Holden noted they had a workshop meeting on Thursday night and asked if they could have an emergency session to approve this on Thursday night to give the staff time to talk to legal counsel as to the need for Clause 3. MOTION: Councilmember McClung moved and Councilmember Holden seconded a motion to table the current motion to an Emergency Council meeting on March 29,2007. The motion carried unanimously (5-0). 8. UNFINISHED BUSINESS A. TCAAP Ms. Barton updated on the Council on recent TCAAP developments. 9. COUNCIL REOUESTS A. Councilmember Grant asked when the street sweepers would be sweeping the streets. Mr. Hoag responded they started street sweeping a week ago Tuesday. He noted they were approximately half way done with the City as of today.