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HomeMy WebLinkAbout11-30-09 -TCAAP WS -AAZEN HILLS Approved: January 11, 2010 - CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL TCAAP WORK SESSION MEETING NOVEMBER 30, 2009 5:00 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 City Council TCAAP Work Session meeting at 5:05 p.m. Present: Mayor Stan Harpstead, David Grant, Brenda Holden (arrived at 5:21 p.m.), Fran Holmes, and Dave McClung. Absent: None. Also present: City Administrator, Ron Moorse; Community Development Director James Lehnhoff; Recreation Manager Michelle Olson; City Attorney Jerry Filla; and Greg Mack, Ramsey County. APPROVAL OF AGENDA MOTION: Councilmember McClung moved and Councilmember Grant seconded a motion to approve the meeting agenda as presented. The motion carried unanimously„(4-0). 1. AGENDA ITEMS A. Ramsey Counjy Rice Creek Trailhead Concept and TCAAP North- South Trail Connection Concept Community Development Director Lehnhoff presented the City Council with information on the Ramsey County Rice Creek Trailhead concept. He noted that Greg Mack was in attendance to discuss this item with the Council. ARDEN HILLS CITY COUNCIL TCAAP WORK SESSION-NOVEM13ER 30, 2009 2 A. Ramsey County Rice Creek Trailhead Concept and TCAAP North- South Trail Connection Concept (continued) Greg Mack from Ramsey County reviewed the proposed trailhead concept with the Council noting this has not gone to the County board to date. He indicated there has been an interest in making a connection to County Road I. Mr. Mack stated that a 500-foot corridor from County Road I down to the northern border of the wildlife corridor would provide an opportunity for road access to the wildlife corridor and AHATS. Mr. Mack explained that he has had conversations with the National Guard about working out a land exchange or lease agreement through the AHATS portion of the proposed corridor. The two parties have also been working jointly to allow the County to secure the west 500 feet of the Primer/Tracer area for the corridor. Mr. Mack indicated that staff at the GSA was supportive of working with the County and would like the wildlife corridor transferred by the County. He noted the proposed trail connection would provide a critical north access into the site while allowing access for winter use within the AHATS property. Mayor Harpstead asked that the proposed trail access be described through the MnDOT land. Mr. Mack explained the current access was through a permit with the MnDOT to have a paved trail that followed Rice Creek off of County Road I. The current corridor is just sufficient to have a trail and could not provide a road access. He stated that in the future a land exchange may take place and this parcel would become County parkland. Councilmember Grant questioned if the proposed 500-foot trail would run through contaminated land. Mr. Mack stated it appears that it would under the western portion of the 500 feet as there were two FOSETS in this area. He indicated that this area would serve as a staging area for events at AHATS. Councilmember Grant asked what the staging area would be used for. Mr. Mack explained that this would be a winter sports staging area or trail access to the Rice Creek corridor. He noted this would be an active use area. ARDEN HILLS CTY CQUNCIL TCAAP WORK SESSION-NOVEMBER 30 2009 3 A. Ramsey County Rice Creek Trailhead Concept and TCAAP North- South Trail Connection Concept (continued) Mr. Mack stated that the revisions would have to be made with the Met Council - Parks Policy Plan and that the Amateur Sports Commission was being contacted as well for use on this site. He further reviewed how the County would be proceeding with the land process. Councilmember Grant indicated the Council has had a number of ideas for the Primer/Tracer property and that he would like to see the site become an amenity for the area. He noted he was in favor of the suggested plan. Councilmember Holmes agreed stating she was in favor of the plan. Councilmember McClung noted he could support the plan but did not like the fact that the rest of the Primer/Tracer land may go back to the National Guard. He felt there was a better use for the site. Councilmember Holden indicated the proposed plan was a good use and allowed access to the wildlife corridor. Councilmember McClung questioned if the lack of access to the Primer/Tracer site was keeping other parties from pursuing the site. Mayor Harpstead noted his issue has been access to this landlocked parcel and that the proposed trailhead would address this concern. He was in favor of the plan and suggested the Council draft a letter of support for this part of the concept. The entire Council was in favor of drafting a letter of support for the Rice Creek Trailhead concept. Community Development Director Lehnhoff reviewed the TCAAP North-South trail connection concept with the Council. He indicated a trail connection was suggested by the Council, in light of the reuse statement, from Highway 96 to the Rice Creek trail. Further discussion ensued regarding the suggested location of the trail location. ARDEN HILL CITY COUNCIL TCAAP WORK SESSION-NOVEMBER 30, 2009 4 A. Ramsey County Rice Creek Trailhead Concept and TCAAP North- South Trail Connection Concept (continued) Community Development Director Lehnhoff stated the trail could be completed - within a specific corridor and have this land transferred prior to the auction. Another option would be to allow for the trail to be integrated within the development having connections from north to south. He suggested the Council discuss this and provide the staff with feedback on how they would like to proceed. Mr. Mack stated the Met Council has identified this area as a "search area" for the north-south trail within their policy plan update discussion. He found merit in several locations whether woven through the development or secured through a land alignment. If the trail corridor were secured it would allow the bidder's greater information and know that the City would be willing to negotiate realignments if necessary. Community Development Director Lehnhoff stated that if a trail corridor were secured prior to the land sale it would also allow for less of an impact on the park dedication fees and greater flexibility. Mr. Mack noted the County has not anticipated doing any trail development on the southern portion of the wildlife corridor. He indicated however that Commissioner Tony Bennett was supportive of doing a north-south corridor. Community Development Director Lehnhoff explained that if a corridor was not specifically defined with the development, there would need to be an expectation for a north-south connection. Councilmember McClung indicated he was struggling with the north-south connection concept and questioned if greater interconnections would provide greater benefit to the public. He stated that he wanted to see this site be walkable and livable for the community, but a trail corridor dedication prior to the sale may not be necessary. City Administrator Moorse felt that the City would have the ability to do both, as the development could have sidewalk requirements to create a walkable atmosphere. ARDEN HILLS CITY COUNCIL TCAAP )YORK SESSION-NOVEMBER_30, 2009 5 A. Ramsey County Rice Creek Trailhead Concept and TCAAP North- South Trail Connection Concept (continued) Councilmember Grant stated he did not want the trail running through some of the highly contaminated portions of TCAAP and having the City assume ownership of the property. The City would then have to apply for grants in order to clean the sites. He felt a better option would be to work with a developer and use park dedication to complete the trail corridor. Councilmember Holmes stated the western trail route would need very little clean up and that she felt it would benefit the City to secure a corridor prior to the auction and begin seeking grants or special funding. Councilmember Grant indicated a trail to the west would run along the highway and that commercial properties may want this exposure. Councilmember Holden agreed with Councilmember Grant that the property would create a risk to the City and that the enviromnental attorney should be contacted regarding the concept. She felt it should be transferred from the City to the County if possible to allow for access from north to south. Mr. Mack stated he would like to see the City secure the land. The County would then pursue making this a part of a regional trail and secure funding for development of the trail. The County would either enter into a joint powers agreement with the City or take ownership of the corridor. Councilmember Holmes asked if the County would be responsible for the cleanup. Mr. Mack stated the County would have the same concerns the City would when addressing land cleanup for the trail corridor. Mayor Harpstead indicated he was partial to the eastern location of the trail because it would become an uninterrupted trail. His only concern was the high levels of traffic from County Road 96. Mayor Harpstead stated he felt that setting aside a portion of land in advance of the land sale for this trail corridor would be an advantage to the City. He suggested the Council consider this. ARDEN HILLS CITY COUNCIL TCAAP WORK SESSION-NOVEMBER 30, 2009 6 A. Ramsey County Rice Creek Trailhead Concept and TCAAP North- South Trail Connection Concept (continued) Mr. Hammernik stated he would prefer the trail connection to remain on the east = side. This would provide a buffer from AHATS. Councilmember Grant indicated if the corridor were to be acquired before the land sale , the City could be stuck with the corridor even if the auction is not successful. Mayor Harpstead felt this was an excellent point and that staff should note to remember the Council was not in favor of any contingencies to hold the land in the event the land did not sell. He explained this would have to be properly negotiated. Councilmember Grant suggested Mike Comadeca review the north-south trail connection concept. Community Development Director Lehnhoff agreed but wanted Council comments before passing this along to Mike Comadeca. Mayor Harpstead questioned if the Council was in favor of providing further comments on the land location for north-south trail concept. Councilmember Grant stated he felt this could be looked at but that he did like the idea of a developer integrating the trail throughout the TCAAP property as well. Councilmember Holden explained that she would like to pursue setting aside some land after hearing feedback from the environmental attorney assuring that the City would not be at risk. Councilmember Holmes questioned how this was aligning with the County's trail vision. Mr. Mack stated that from a planning standpoint, the County would indicate to the County Board and Met Council that he was working with the City of Arden Hills to find a corridor that would enable the County to construct a regional trail. That it would remain a search area, within the 585 acres, until resolved by the Council. Councilmember Holmes asked if this had to be resolved by year-end. ARDEN HILLS CITY COUNCIL TCAAP WORK SESSION-NOVEMBER 30, 2009 7 A. Ramsey County Rice Creek Trailhead Concept and TCAAP North- South Trail Connection Concept (continued) Mr. Mack stated he did not feel this had to be done by year-end and that the - minimum width within these corridors should be roughly 150 feet to provide for an adequate buffer for the trail and landscaping. Community Development Director Lehnhoff stated the Council could continue to discuss the north-south trail corridor as it seems the Council was in favor of the concept. He noted the letter of support could be broken into two parts noting that the Council was working to identify how to pursue the north-south trail corridor. Councilmember McClung indicated he needed more information on the environmental consequences to the City if the corridor were acquired by the City. He stated he was not ruling anything out, but that he would like more information before he was comfortable making a decision. Mayor Harpstead asked that the Council provide staff direction on this item. He stated he has heard that the Council would like Mike Comadeca to react to the trail corridor proposal and that overall the Council was in favor of a pedestrian connection of some sort, with the location yet to be determined. Councilmember Holmes indicated she would like to know how the land would be dedicated to the City prior to the sale or if this corridor would be transferred apart from the land to the developer. Mayor Harpstead stated he would be in favor of a land transfer prior to the land sale. Councilmember Holden agreed stating the City would be working with the developer on the trail cleanup. Councilmember Grant indicated he felt it would not have to be transferred prior to the land sale. He cautioned the City from owning contaminated land, but that the County could own the land. Councilmember McClung explained all of the environmental issues would need to be further clarified before he could make a decision on this issue. Councilmember Holmes stated she was in favor of a pre-transfer of the land. ARDEN HILLS CITY COUNCIL TCAAP WORK SESSION-NOVEMBER 30, 2009 S A. Ramsey County Rice Creek Trailhead Concept and TCAAP North- South Trail Connection Concept (continued) Mayor Harpstead questioned how the Council would like staff to proceed on this - issue. Councilmember Holmes stated the majority was in favor of a north-south trail connection and that it be pre-transferred to the City. Councilmember Holden indicated she would like to hear from Mike Comadeca before this be determined. The Council was in agreement with this suggestion. Mayor Harpstead indicated the intention would be to get from north to south and the things that would impact this would be determined by the cost of cleanup, location, buffers, and the connections with the adjacent development. Community Development Director Lehnhoff overviewed that he was to explore the idea with Mike Comadeca of a pre-transferred north-south trail connection. He questioned when the next County Board meeting was in order to draft a letter of support. Mr. Mack stated the County Board would be addressed the second Tuesday in January. Community Development Director Lehnhoff indicated this should allow staff time to draft a letter of support and speak with Mike Comadeca before that time. B. TCAAP_Reimbursables Update City Administrator Moorse presented the City Council with the most recent information on the TCAAP reimbursables. He noted the City was proceeding with the mediation process at this time. The City has sent over a list of mediators to Ryan and is awaiting their response. City Attorney Filla noted he has not heard from Ryan to date but that he did speak with Eric Anderson several times last week and was referred to their attorney. ARDEN HILLS CITY COUNCIL T AAP WORK SESSION-NOVEMBER 30 2009 9 B. TCAAP Reimbursables Update (continued) Councilmember Holden questioned if the City was entering into binding or unbinding mediation. City Attorney Filla stated the contract defined a non-binding mediation. Councilmember Holmes asked if the agreement would then proceed to arbitration and then litigation. City Attorney Filla indicated the City would complete the non-binding mediation. Unless both partners agreed to enter arbitration, the next step would be litigation. He stated it was his impression that most of what was done after January of 2009 was done in accordance with the scope of activities defined within the PDA and January memo. Councilmember Holmes questioned if the City would be responsible for the overage. City Attorney Filla stated he hasn't conceded this but that the Ryan's strongest argument at this time was that anything over should be covered by the City. Councilmember Holmes indicated the City was willing to go up to the $75,000 and questioned if the City should set up additional parameters before entering into the non-binding mediation. City Attorney Filla stated the Council should establish some authority for those completing the mediation. Councilmember Holden questioned what the next step was after the non-binding mediation and asked the costs associated with each step. City Attorney Filla explained if the Council was not happy with the results, either party could commence litigation. The current agreement describes eight hours of non-binding mediation, which was $300 per hour split between both parties. He felt that the City would not have to go through detailed preparation for binding mediation or arbitration if warranted. The only benefit of arbitration would be the lag time but stated this was binding. ... .. ......... . ARDEN HILLS CITY COUNCIL TCAAP WORK SESSION--NOVEMBEBRJA 2009 10 B. TCA 4P Reimbursables Update (continued) City Attorney Filla suggested the City go into the non-binding mediation in hopes of resolving the issues at hand as both parties were not far from agreement. The alternative was much more expensive and would eat into the spread. Councilmember Holden asked what would happen if the parties could not reach an agreement within the non-binding mediation, and if the City would go into binding mediation. City Attorney Filla stated the City could sue Ryan or more likely Ryan would sue the City of Arden Hills if an agreement could not be reached. He indicated the City could only begin binding mediation if both parties agreed to amend the existing agreement. It was explained that arbitration or litigation would quickly consume the spread when divided between the two parties as this was a cumbersome process and would involve highly paid attorneys. Mayor Harpstead indicated as the City prepares for non-binding mediation if this was a closed meeting. City Attorney Filla stated this was the case, as the open meeting law allowed him to have closed meetings with his clients to discuss pending or current litigation. Mayor Harpstead explained that he did not want to see the Council establish terms at tonight's meeting but that such a meeting should be held before the mediation to empower the individual representing the City of Arden Hills. City Attorney Filla felt this was an excellent suggestion. Councilmember Holden asked that staff speak with Ryan Companies one last time to hopefully eliminate the need to spend $5,000 on non-binding mediation. City Attorney Filla indicated this would be a good approach, as it would signal the City is ready to take the next step. Councilmember McClung had a discussion with Rick Collins after the TCAAP bidder's conference to greater understand Ryan's thinking. He stated he heard a bottom line number and felt the City should make another offer close this number and get the issue off the table. ARDEN HILLS CITY COUNCIL T AAP WORK SESSION-NOVEMBER 0 2009 11 B. TCAAP Reimbursables Update (continued) Mayor Harpstead questioned if any other Councilmember's had addressed this topic with Ryan. Councilmember Holden stated she had spoken with Ryan as well. City Attorney Filla indicated lawyers hate to be the first one to split the difference. He cautioned the Council from offering a new low number as this may become the new starting point. Mayor Harpstead summarized Councilmember Holden's comments earlier and questioned if the Council would be in favor of giving staff one more authorization, offering a new number, to reduce the need for additional legal fees. Councilmember Holden indicated she has not gone through the mediation process before and does not know how it will work for the City. City Administrator Moorse explained the Council would need to evaluate if it was worth having one or two non-mediation meetings and who should speak on behalf of each party. He felt the City should do what they can to save costs, but stated it was to the point where the City had no other choice. Mayor Harpstead indicated he was not willing to make a lot of cuts and adjustments without a basis for doing it. He felt the $75,000 was outside of the million dollars listed within the PDA and that going further than that would need better logic. City Attorney Filla agreed with this statement. He felt the parties were far enough apart and that the mediator would benefit both parties to work towards resolution of this situation. Paragraph 25 of the agreement was read aloud for the record. Mayor Harpstead asked that the Council provide additional guidance to staff on how to proceed. Councilmember Holmes stated it was mostly in Ryan's interest to resolve the reimbursables. ARDEN HILLS CITY COUNCIL TCAAP WORK SES81QN-NOVEMBER 30, 2009 12 B. TCAAP Reimbursables Update (continued) Mayor Harpstead indicated the mediation process has begun, staff has submitted a list of qualified mediators. - Councilmember Holmes suggested the Council hold a closed meeting to speak with the City Attorney to further discuss the City's strategy. Mayor Harpstead felt this was appropriate. The entire Council was in agreement. City Administrator Moorse agreed stating he was hoping to hear from Ryan's attorney on their position. He felt that doing this sooner than later would benefit both parties. C. TCAAP Land Use Planning Preparation Community Development Director Lehnhoff presented the City Council with information on the TCAAP Land Use Planning preparation. He indicated the general desires, wants or needs for the site would need to be addressed by the City. At this time he was reviewing what other cities have done while zoning large parcels of land. Community Development Director Lehnhoff requested that the Council prepare comments for staff to allow him to explore the interests of Council and come up with ideas for the land use. Mayor Harpstead questioned if the input would become public documents. Community Development Director Lehnhoff stated this would become a public document and that he would create a compilation of all information from the Council. He indicated this information would then be discussed further in January. Councilmember Holden asked for a copy of the Council's previous comments on this issue to review while completing her survey. 2. COUNCIL COMMENTS AND REQUESTS Councilmember Holden stated she would like FPAC to look at the licensing on TCAAP. She was curious if a bank would guarantee funding for a developer if part of the land was owned by two parties. ARDEN HILLS CITY COUNCIL TCAAP WORK SESSION-NOVEMBER 30. 2009 13 2. COUNCIL COMMENTSAND REQUESTS (continued) The entire Council was in agreement with this suggestion. Councilmember Holden questioned if Mike Comadeca was reviewing the licensing issue proposed for TCAAP. City Administrator Moorse stated this was brought to him and that additional information was trying to be gathered from the GSA. Councilmember Holden stated it may not be in the City's best interest to allow the land to be licensed, and a bank may not allow the land to be financed if leased. ADJOURN Mayor Harpstead adjourned the City Council TCAAP Work Session meeting at 6:45 p.m. Susan K. Iverson AStanHxf5steW' Acting City Administrator Mayor