HomeMy WebLinkAbout1B, JDA Appointment --AIEN HILLS
Request for Council Action 1B
Prepared By: Patrick Klaers, City Administrator Work Session Date: January 14, 2013
JDA Appointment
Budgeted Amount: Actual Amount: Funding Source:
n/a n/a n/a
Discussion Topics:
Discussion regarding appointments to the Joint Development Authority (JDA).
Supporting Documents:
1. Memorandum from Patrick Klaers, City Administrator,dated January 14,2013.
2. Joint Powers Agreement (JPA).
'It
EN HILLS
MEMORANDUM
DATE: January 14, 2013
TO: Honorable Mayor and City Council Members
FROM: Patrick Klaers, City Administrator
SUBJECT: JDA Appointment
Backaround/Discussion
The Joint Powers Agreement (JPA)between the City and Ramsey County for the
redevelopment of TCAAP was approved by the City Council at its November 26, 2012
meeting. The JPA calls for the establishment of a Joint Development Agency (JDA)to
implement the TCAAP Master Plan and to oversee the redevelopment process and
activities. Attached for your information are Articles I (Definitions), II (Joint
Development Authority), and III (TCAAP Master Plan) from the JPA.
The JDA Board is composed of two City Council members,two County Board members,
and one citizen from Arden Hills to be appointed by the City Council. This citizen
appointee will be the Chair of the JDA Board. The citizen appointee will have a two year
term.
At the December 17, 2012 City Council work session, discussion took place on the
appointment of this citizen member to the JDA. It was agreed to by the Council that each
Councilmember would come to the January 14th work session with some names for
possible appointment to the JDA. It was also discussed that once a"short list" is
developed; interviews would be scheduled for later in January. The first meeting of the
JDA is tentatively scheduled for Monday, April 1"from 5:30 to 7:00 p.m. at City Hall.
As the JDA is new, it is difficult to say what the work load of the JDA will be. There may
not be a need for monthly meetings of the JDA as the development of the Alternative
Urban Areawide Review and Master Plan documents moves forward over the next 18
months; however, there will likely be more work and meetings when the County looks to
start selling land for redevelopment. The JDA will make sure that the redevelopment
proposals are consistent with the approved Master Plan.
Additionally, and for your information, City and County staffs have started to meet on a
weekly basis in order to coordinate activities related to the TCAAP project. The County
anticipates that Congressional action to approve the TCAAP purchase will take place
within 30 days and that remediation work on the site by Bolander will begin in February.
City staff plans to review with the City Council on January 28th the Request for Proposal
for the AUAR and Master Plan.
Therefore, Be It Resolved by the Parties, that this Joint Agreement is made and agreed to
as.follows:
ARTICLE I
DEFIMTIONS
Section 1.1. Definitions. Unless the context requires otherwise, for the purpose of this
Agreement,the terms defined in this section shall have the meanings specified:
Agreement means this Joint.Powers Agreement as it may be amended, and the "Joint
Agreement"or the "JPA".
Alternative urban areawide review ("AUAR') means the environmental review for the
TCAAP Site required by law and to be prepared by City as the responsible governmental unit
—(the"RGtl"),_which_will_guidethe_development_and-implementation-of_theTEAAP_Master_P_lan._—-
City means the City of Arden Hills,a political subdivision of the State of Minnesota.
City Investment means the expenditures by the City necessary to undertake its identified
responsibilities in support of the New Development, including, but not limited to, preparation of
the AUAR and TCAAP Master Plan and construction of the City Public Improvements.
city Public Improvements means construction by the City of the trunk or sub-trunk water
mains, storm and sanitary sewer and other public amenities identified as the City's direct
responsibility, and the City's allocated responsibilities for Shared Public Improvements in the
TCAAP Master Plan needed for1he New Development.
Commencement Date means January. 1, 2013" for the implementation of this Joint
Agreement, or such other date as the Parties shall mutually agree.
County means the County of Ramsey, a political subdivision of the State of Minnesota..
County Investment means the expenditures by the County necessary to undertake its
identified responsibilities in support of the New Development, including, but not limited to,
County Remediation, County Site Clearance, County Public Improvements, initial survey and
plat of the TCAAP Site and operations of the JDA.
County Public Improvements means survey and plat of the TCAAP Site, construction by
the County of the Spine Road; initial survey and plat of the TCAAP Site; off site transportation
improvements;.associated private utilities; relocation of existing private utilities; maintenance of
County Public Improvements; and possible relocation of all or part of the Groundwater
Treatment Infrastructure on the TCAAP Site as described in Section 3.4:
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County Remediation means County actions to resolve the environmental contamination
on the TCAAP Site consistent with the requirements of the OTP and the Lease with the GSA.
County- Site Clearance means the removal by County of buildings and other
improvements that are no longer useable, are blighting influences, and/or need to be removed for
the TCAAP Site to be fully redeveloped pursuant to the TCAAP Master Plan, consistent with the
requirements of the OTP and the Lease with the GSA.
Developer Installed Improvements means the improvements within or serving a
Development Site, including trunk and sub-trunk water mains, storm and sanitary sewer, new
Private Utilities, streets, trails, parks and other identified public amenities within or serving a
Development Site constructed by a developer as described in a development agreement approved
by the JDA pursuant to the TCAAP Master Plan
Developer Remediation means the removal by a developer of any remaining
environmental contamination on a Development Site consistent with the requirements of the
Minnesota Pollution Control Agency's ("MPCA")Voluntary Investigation and Cleanup Program
(VIC_Program")_pursuant_to a._respQnse_ap-tion_plan-(" ")-.pproted-b-y the MPCA, and y
applicable County Remediation in.order for the Development Site to be fully redeveloped
pursuant to the TCAAP Master Plan.by the developer.
Developer Site Clearance. means the removal by a developer of any remaining buildings
and other improvements that are no longer useable, are blighting influences, and/or need to be
removed for a Development Site to be fully redeveloped pursuant to the TCAAP Master Plan by
a Developer, and consistent with any applicable County Site Clearance, or response action plan
(°`R AP")
Development Site means a parcel (or parcels) of land on the TCAAP Site identified in the
TCAAP Master Plan for location of the New Development as approved by the JDA.
Groundwater Treatment Infrastructure means the network of monitoring wells,
underground pipes and treatment plant necessary for remediation of groundwater contamination
on and under the TCAAP Site.
Market Study means the study to be prepared by the County designed to account for
market considerations and assist the Parties to forecast the need and desirability of the elements
of the New Development, which will guide the development and implementation of the TCAAP
Master Plan.
New Development means off-site and on-site transportation improvements as well as
internal streets, water and sanitary and storm sewer, other public facilities and.Private Utilities
(as defined in this Section) and related improvements (collectively the "Public Improvements" as
defined in this Section), and the approved mix of commercial, industrial and residential
development authorized by the TCAAP Master Plan.
Parties or a Party means the City and County collectively or individually.
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Plan Amendment means the process identified in Section 3.3 required to amend the
TCAAP Master Plan.
Private Utilities means telephone, cable, satellite, gas and electric service available on
the TCAAP,Site necessary to serve a Development Site.
Public Improvements means the construction and financing of necessary off-site and on=
site transportation improvements, as well as internal streets, water and sanitary and storm sewer
and other public facilities and other public and private utilities and improvements to be located
on the TCAAP Site and to be constructed by the City and County as described in this Agreement.
Shared Public Improvements means the design and construction of the TCAAP Site
regional storm water retention pond system to be developed as part of the Public Improvements,
the cost of which shall be shared by .the Parties; and any other public infrastructure
improvements determined by the Parties to.require, or be appropriate for, shared responsibility.
TCAAP means the Twin Cities Army Ammunition Plant.
TCAAP Joint Development Authority means the joint development agency ("JDA")
created by the Parties to develop and implement the TCAAP Master Plan.
TCAAP Master Plan means the plans, official controls and map guiding the density,
location and timing of implementation of the components of the New Development on the
TCAAP Site, as further defined in the Recitals above and Article III below of this Joint .
Agreement.
TCAAP Site means the real property which is the subject of this Joint Agreement and
which contains approximately 427 acres of land where the New.Development is proposed, as
depicted on attached Exhibit A.
Term means the Initial Term of this Joint Agreement ending in 2038 as provided in
Section 5.5 of this Joint Agreement; and any Additional Term as defined therein
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S_.:.
ARTICLE II
JOINT DEVELOPMENT AUTHORITY
Section 2.1. Authorization. City and County each certify that the authority to enter into
this Joint Agreement has been established by a resolution approved by the governing body of
each Party. This Joint Agreement is effective as of the date first stated above in the caption of
this Joint Agreement and shall continue in force until modified or terminated by the Parties as
provided herein.
Section 2.2. General Purpose. Pursuant to the authority of the Joint Powers Act, the
Pasties desire and intend that the redevelopment of the TCAAP Site take place to remediate and
eliminate blighting conditions and to make possible and result in implementation of the New
Development as defined in Section 1.1 The plans guiding the type, density, location and timing
of implementation of the components of the New Development comprise the "TCAAP Master
Plan", as further described in this Joint Agreement. The goals of the New Development are to
redevelop the TCAAP Site to provide employment opportunities, improve the tax base, and
improve the general economy of the City,the local community and Ramsey County as a whole.
Section 2.3. Joint Development Authority. Pursuant to the authority of the Joint Powers
Act and this Joint Agreement, the Parties hereby create a joint powers board titled the TCAAP
Joint Development Authority(the"JDA"). The purpose of the JDA is to exercise to the extent
permitted by the Joint Powers Act and the general laws of the State,the authority found in Laws
nn Chapter 1 c .1 -1..1 the TC A D +o the e mmon powers of the Parties for
2009, Chapter 88, y 1 V appttcavle to ���. �..� Sig, and �... m
the redevelopment of the TCAAP Site. These activities to be conducted under this authority
include, but are not limited to, environmental remediation, elimination of blight, infrastructure
construction and financing, comprehensive planning and zoning, and economic development and
redevelopment.
2.3.1. JDA Board Membership. The JDA Board shall consist of five (5)
members appointed as provided in this Section(also"the"Board"). Each Party shall appoint two
(2) members from its respective governing body. .City shall also appoint to the Board a suitable
non-elected official member to serve as the Chair of the JDA Board. City Board members shall
be residents of the City at the time of appointment and maintain residency during their term. The
term of each member shall be a two.(2)year term. Each Party may determine in its discretion the
length of service of its respective Board members. In the case of a vacancy on the Board of a
member from either Party, that Party shall appoint a new member to fill the respective vacancy
for the remainder of that term. Each member shall serve until their successor is appointed and
qualified as provided by each Party. Each member shall serve without compensation; however
each Party may determine whether to pay per diem to their respective members pursuant to their
own policy and procedures.
2.3.2. JDA Board General Authori ty: The JDA Board shall have the general
authority as described in this Section:
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a. The JDA Board Vice Chair shall be a member appointed by the County.
b. The JDA Board shall adopt its own bylaws and rules of procedure to
govern its activities and guide the setting, holding and cancellation of meetings. The
Board may appoint committees or sub-committees. The Board shall meet monthly at
such times and places as determined by the Board and as provided in its bylaws or rules
of procedure, but shall not meet at times of regularly scheduled meetings of the Ramsey
County Board or Arden Hills City Council unless agreed to by the Parties. Special
meetings may be called by the Chair or any two other members. The JDA shall keep
minutes of all proceedings. A majority of all the members shall constitute a quorum. A
simple majority vote of the members present at,a meeting with a valid quorum shall be
required for the JDA to take action, unless otherwise provided in this Joint Agreement or
by law. All meetings of the JDA; its committees and sub-committees shall be governed
by the Open Meeting Law and the Data Practices Act.
C. Each member of the JDA Board shall have one vote.
d. Each Party may also name an alternate appointee to serve in the capacity
as a substitute for any member appointee of that Party (and who meets the qualifications
for membership on the Board), in the event a member appointee is unable to attend a
scheduled meeting of the JDA or any committee or subcommittee thereof. Such
substitute appointee shall also have the right to vote on any action requiring a vote of the
_ member appointee, including all substantive as well as procedural actions, when
performing as a substitute for a regular member.
2.3.3. Finances. Each Party will be responsible for payments out of their
respective budgets for their own staff costs, as well as any per diem and other expenditures for
those staff.to assist in implementing the JPA until the JDA commences operations. Upon
approval of this Agreement, County shall fund the expenses of the JDA, including
reimbursement of purchased services pursuant to Section 2.3.4.2. Consistent with its policies,
County shall serve as the fiscal manager/agent for the JDA and assist in setting up such accounts
as necessary for the JDA to conduct its activities ("Fiscal Agent"), as provided below and as
shown on attached Schedule E.
2.3.3.1. The JDA may establish independent JDA bank accounts,to
be. managed by the Fiscal Agent, into which all revenue receipts generated by and
belonging to the JDA and those proceeds which the Parties may authorize to be borrowed
as interfund loans, shall be deposited intact to the credit of such JDA accounts.
2.3.3.2. No disbursements shall be made from such accounts
except by check or Electronic Funds Transfer (EFT), nor unless a verified claim for
services and/or commodities actually rendered or delivered has been submitted to and
approved for payment by the JDA.
2.3.3.3. No disbursements shall be made from such accounts for non-JDA
expenses and purposes. Payment and disbursement of funds by check or withdrawal shall
require the signatures of the Chair of the JDA and the individual designated by the
County to assist in JDA fiscal matters, which shall be the Director of Finance or
.designee.
2.3.3.4. Revenue collected by'the JDA shall be paid to the Parties as
described in Section 3.7.
2.3.4. Annual Budget. The JDA shall prepare an annual budget and submit it to
the Parties as provided in this section.
2.3.4.1. With the first annual budget and in subsequent years, the JDA
shall each year prior to May 1 prepare an annual operations budget that estimates funding
required by the JDA to conduct its business over the next calendar year. The JDA shall
coordinate its budget process with the Parties' budget planning process Prior to
September 1 of each year, the JDA shall, after its review and approval, submit the annual
budget to the-Git3-and-County.—Tbe-budget shall-be- substantially balanced.—The-budget
shall follow the format as established by the JDA after consultation with the City Finance
Director and the County Director of Finance, and at a minimum provide the following
information:
(1) Estimated Revenues, divided as follows:
a. Any Grant monies,private, State or Federal
b. Revenues from JDA Application fees
C. Revenues from JDA Permit fees
d. Contributions from County
e. Reserves
f. Developer escrow/fees
g. Miscellaneous revenues
(2) Estimated Expenditures, divided as follows
a. Personnel services
b. Contract Services
i. Legal
ii.Engineering
iii.Fiscal/Audit, including the Fiscal Agent
- iv. Planning
v. Administrative
C. Services other than personnel or consultants
I Supplies and materials
e. Office administration, e.g.,phones, supplies
f. Capital Outlay (incl. Office and Building rent if applicable,
equipment such as phones and computers)
g. Payment of invoices for services to the JDA provided by a Party.
h. Miscellaneous expenditures
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2.3.4.2. The Parties may determine that a service or services as described
above are available from a Party and direct the JDA to purchase such service from that
Party at that Party's cost, with payment to be made by the JDA from its authorized funds
as stated in the approved budget.
2.3.4.3. The annual budget proposed by the JDA shall be reviewed and
transmitted to the Parties. Each Party shall review,provide comments to the JDA and the
other Party and approve the annual budget. The proposed JDA annual budget approved
by the Parties pursuant to this process shall be reported back to the JDA by November 15
(preceding the ensuing calendar/fiscal year). Thereafter the. JDA shall adopt and
implement the budget approved by the Parties. The annual budget may be amended
consistent with the process described in this Section.
2.3.4.4. The JDA may incur expenses and make expenditures that may be
necessary to the effectuation of its purposes and powers, in conformance with the
statutory requirements applicable to contracting and purchasing practices of the Parties,
theapproved annual budget and this Joint Agreement.
2.3.4.5. The JDA shall develop a reimbursement policy including
payment priority for payment to the Parties of allocated fee or other income described in
this Agreement. The policy shall provide for monthly reimbursement to the Parties.
2.3.5. Taxes. The JDA itself shall not levy taxes, issue bonds or independently
borrow money, and it shall not approve any claims or incur any obligations for expenditures
uruess there is u:=e==c'.uubered cash i-*: ±he apmm�riate JDA accounts described herein, to the
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credit of the JDA with which to pay the same, or as'otherwise approved by the Parties. Any
unexpended revenues in excess of the approved budget may remain deposited in JDA accounts
and reported annually in the subsequent year's budget submission.
2.3.6. Interfund Loans. Notwithstanding the prohibition against independent
borrowing, the JDA may borrow money from the Parties in the form of interfund loans to the
extent that such loans are not made from dedicated funds or from funds or monies otherwise
encumbered, subject to the mutual consent and approval of the Parties, and subject to the terms
and conditions of repayment agreed to by the Parties.
2.3.7. Personnel. Unless otherwise approved by the Parties, the staff of the JDA
shall be the City Administrator and the County Manager, or their designees. Each Party may
also designate additional staffing as it deems appropriate or as requested by the JDA. The JDA
may hire consultants including independent legal, engineering, planning and development
consultants to assist in the development of the TCAAP Master Plan and amendments and
revisions thereto, preparation of financing plans, marketing plans, developer proposals, the
marketing and sale of Development Sites pursuant to the RFP process described in Section 3.2.4,
and other matters which address growth and development on the TCAAP Site.
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2.3.8. Reports. The JDA shall prepare an annual report at the end of each
calendar/fiscal year and submit such report to the Parties not later than February 15 of the
succeeding calendar/fiscal year. The JDA shall also prepare and present to federal and state
officials such reports and audits as may be required by law,.regulation,or contract.
2.3.9. Public Process. The JDA shall develop mechanisms for public involvement
in any planning or review process, including the preparation and approval of the TCAAP Master
Plan and approval of development agreements. All public meetings and Bearings shall be
conducted as required by law. The JDA shall take into consideration the concerns, issues and
desires of each Party's governing body in on-going planning initiatives, discussions and process.
23.10. Other Authority. . The JDA shall have such other authority under the
general laws of Minnesota to carry out its purposes unless otherwise determined by the Parties.
`v%ere deemed by the Parties to be more convenient,the authority of the JDA may be exercised
by the more appropriate Party.
2.3.11. Dispute Resolution. The Parties shall use good faith to attempt to resolve
any dispute. Upon agreement,the Parties may also use any available dispute resolution process.
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ARTICLE III'
TCAAP MASTER PLAN
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Section 3.1. Development 'of the AUAR and the TCAAP Master Plan; General
Requirements. The TCAAP Master Plan will provide for development, phasing, taking into
account market considerations as well as the financing and investment needs and capacity of
County as the purchaser of the TCAAP Site, County's obligations to complete the County
Remediation and County Site Clearance, survey and plat of the TCAAP Site and the financial
commitment of both Parties for the Public Improvements. City will prepare the AUAR in
conjunction with the preparation of the TCAAP Master Plan, as provided in this Article III,
including the hiring of any planning and engineering or other consultants it deems reasonably,
necessary to prepare the AUAR and the TCAAP Master Plan. The City will exert its best efforts
to complete the AUAR within eighteen(18)months of the effective date of this Joint Agreement,
and to complete the TCAAP Master Plan within six(6)months of the adoption of the AUAR,but
not later than twenty-four (24) months of the effective date of this Joint Agreement for
completion of the AUAR and the Master Plan. The JDA and County shall have the ability to
review and comment during the preparation of the AUAR and Master Plan.
3.1.1. Cily Development Standards. The Parties will work cooperatively to
- t.the City's development standards and goals expressed in its comprehensive plan and
zoning code, as each may be amended, are incorporated into the TCAAP Master Plan to enable
the JDA to proceed with timely development of the TCAAP Site as provided in this Agreement.
The Parties recognize that upon purchase of the TCAAP Site County may desire to pursue
development of a Development Site prior to compieti^vn of all the County I2,err2ediation and the
adoption of the TCAAP Master Plan. It is in the interest of the Parties for redevelopment of
TCAAP to occur timely and responsively to market demand. As a result development of a
Development Site(s)may occur before completion of the TCAAP Master Plan to the extent there
are roads and public utilities available to serve the selected Development Site. In such event the
Parties and JDA will proceed in accordance with this Joint Agreement to the extent feasible.
However, the Parties agree that the City comprehensive plan, zoning ordinance and city review
process as required by statute shall guide and control such proposed development pending
completion of the TCAAP Master Plan.
3.1.2. Approval of TCAAP Master Plan. The JDA shall recommend to the
Parties a public process for consideration of the Master Plan prior to final approval by the
Parties.Upon presentation of the TCAAP Master Plan prepared pursuant to this Article III,the
Parties shall review, comment, suggest revisions and reasonably exercise their discretion to
approve the TCAAP Master Plan in a timely manner. The TCAAP Master Plan shall be approved
by means of a resolution of each Party's governing body. The JDA shall implement the TCAAP
Master Plan as approved by the Parties.
Section 3.2. Elements of TCAAP Master Plan. The City shall direct its staff and
cos prepare n ultants to the TCAAP Master Plan at City expense. The TCAAP Master Plan shall
specify the planning requirements for the TCAAP Site consistent with.the City's current
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approved comprehensive plan and official controls in the zoning code, and as such may be
amended, in conjunction with the TCAAP Master Plan as it is initially developed.
3.2.1. Planning Elements. The TCAAP Master Plan shall include the following
planning elements and as further provided in Schedule B:
a. Definition of the public engagement process;
b. Land Use Component;
C. Circulation and Movement Component;
d. Utilities Component;
e. Environmental Remediation Component;
f. Parks and Open Space Component;
g. Implementation Plan; and
h. Regulatory Plan
Upon adoption by the Parties, the TCAAP Master Plan shall be an element of the City's
approved comprehensive plan, and the City shall take all necessary actions to conform zoning
code provisions applicable to the TCAAP Site to the TCAAP Master Plan.
3.2.2 Implementation Authority.. Except as otherwise provided under this Joint
Agreement, the JDA shall apply the TCAAP.Master Plan and serve as the "governing body" for
purposes of the implementation of the applicable sections of Minnesota Statutes §§ 462.357 —
462.365 with reference to developer initiated requests pursuant to the RFP process for approval
of the redevelopment of a Development Site. The TCAAP Master Plan shall incorporate the
planning and zoning authority of the City authorized by Minnesota Statutes §§ 462.357-462.358
and implement that authority as follows:
a. Provide for development phasing, taking into account market
considerations as well as the financing and investment needs and capacity of County as
the purchaser of the TCAAP Site, County's obligations to complete the County
Remedial&and County Site Clearance, and the financial commitment of the Parties for
the Public Improvements.
b. The use of planned unit development (PUD) authority to implement
development of the permitted uses described in the Master Plan;
c. Dedication of land for public rights of way, public and private utility
easements and park dedication;
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d. Subdivision of the TCAAP Site and the platting of parcels and lots
consistent with the requirements of general law and the policies and procedures of the
Ramsey County Recorder and Registrar of Titles;
e. The use of development agreements to embody the conditions of approval
of development and the implementation of New Development on Development Sites;
3.2.3. Fees. The JDA is authorized to impose the customary fees used by City in
its redevelopment activities. The JDA will develop a fee schedule and implement the fee
schedule subsequent to approval by the Parties (Schedule D).
3.2.3.1. Pursuant.to Minnesota Statutes Section 462.353, the JDA may
prescribe fees sufficient to defray the costs incurred by it in reviewing and investigating
an application for a permit or other approval required under an official control established
pursuant to the TCAAP Master Plan and this Joint Agreement. The JDA may charge the
applicant for direct costs relating to professional services provided during the review,
approval and inspection of the proposed development and may require the applicant to
establish an escrow account or other financial security for the purpose of reimbursing the
JDA for those costs. Such fees or fee schedule must be established by resolution of the
Board subsequent to approval by the Parties, and be fair, reasonable, and proportionate
and have a nexus to the actual cost of the service for which the fee is imposed. The,fee
schedule shall contain the elements described at Schedule D.
3.2.3.2. The JDA may exercise the authority in Minnesota Statutes
Chapter 444 to develop and implement the Public Improvements necessary to serve the
lNew Development, �nclud.ng but not 1—ted — implementing a system of charges
authorized therein to develop and maintain the Public Improvements. Such authority may
also be exercised by the City on behalf of the JDA if the Parties determine it is more
appropriate to do so.
3.2:3.3. The JDA may exercise the authority in Minnesota Statutes
Chapter 429 to specially assess for the Public Improvements necessary to serve the New
Development. Such authority may also be exercised by the City on behalf of the JDA if
the Parties determine it is more appropriate to do so.
3.2.4. RFP Process. The JDA will implement a developer RFP process to
facilitate development of each Development Site. Upon recommendation by staff and
consultants that the proposed development is in substantial conformance with the TCAAP
Master Plan, the JDA will approve the respective project, and communicate its decision to the
developer and the Parties.
3.2.5. Approval of Development Agreements. The JDA shall review and finally
approve all development agreements for a Development Site which are consistent with the
TCAAP Master Plana The JDA shall develop a process for review of development applications
which-will include elements listed in Schedule C.
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3.2.6. City and County Responsibilities. Upon approval of a development
agreement, the Parties shall consider such approval and take all actions necessary to implement
the approved development agreement.
3.2.6.1. County will take all actions necessary and convenient to
sell the respective parcel of land with good and marketable title.
3.2.6.2. City will take all actions necessary to conduct and complete
any additional approval process identified by the JDA as necessary or appropriate to
implement the development agreement.
Section 3.3. Amendment of the TCAAP Master Plan. The Parties recognize that the
passage of time, market forces and other applicable, but unforeseen events may require future
amendments to the TCAAP Master Plan. Depending on the facts and issues relevant at that time,
a proposed amendment could be either a major or minor amendment of the TCAAP Master Plan.
In the event the Parties or the JDA believe that the TCAAP Master Plan should be amended to
implement the New Development, such amendment shall be referred to the City and County for
review and comment and for determination of whether the proposed amendment is a major or
minor amendment.
3.3.1. Major Amendment. A major amendment is a proposed amendment which
requires City to amend its comprehensive plan.If City finds that its comprehensive plan does not
currently permit such amendment,City shall determine whether to amend its comprehensive plan
with respect to the TCAAP Site to implement the proposed amendment, and consult with County
on its decision. Thereafter, if City amends its comprehensive plan to implement the proposed
amendment, the proposed amendment shall be considered by County. The TCAAP Master Plan
as proposed to be amended shall be adopted upon County and City approval.
3.3.2. Minor Amendment. A minor amendment does not involve an amendment
to City's comprehensive plan, but relates to issues including but not limited to the location of
public infrastructure or public.amenities proposed to serve a Development Site; a change in
location or density within a Development Site or other similar modification deemed desirable by
the JDA to implement the New Development. The JDA shall recommend such minor
amendment to the Parties, and if approved by the Parties, the TCAAP Master Plan shall be
modified consistent with the approved amendment.
Setion 3.4. County Implementation Responsibilities. County will complete its
obligations and responsibilities to assist in the implementation of the TCAAP Master Plan as
described in this Section 3.4.
3.4.1. Acquisition of TCAAP Site. County will acquire the TCAAP Site and be
responsible for completing the County Remediation within the time period established in the
OTP. County will use its own resources and seek and obtain resources from other agencies and
entities to fund the County Remediation. The County Remediation will take place in an"orderly
manner and will be pursued to completion pursuant to the OTP and the Lease. Subsequent to
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acquisition of the TCAAP Site, County will complete an initial survey and plat of the TCAAP
Site.
3.4.2. County Site Clearance. County is.responsible for causing the County Site
Clearance to take place, using its own resources and any other resources that may become
available through the development process. County Site Clearance will take place in a phased,
orderly manner, consistent with the TCAAP Master Plan. County may elect to expedite the
County Site Clearance, and will use its good faith efforts to complete the County Site Clearance
in accordance with the goals for the phasing and timing thereof set out in the TCAAP Master
Plan, or upon agreement of the Parties if the Master Plan has not then been approved by the
Parties.
3.4.3. County Public Improvements. County will construct the Spine Road at
County expense and coordinate the relocation and installation of private utilities (the "County
Public.Improvements") with City's installation of trunk utilities as part of its allocated elements
of the Public Improvements. The TCAAP Master Plan will provide further specificity as to the
desired schedule and goals for completing the respective elements of the Public Improvements
described therein.
3.4.3.1. County will not require City participation in County's annual
maintenance plan for County Public Improvements on the TCAAP Site.
3.4.3.2. County shall be responsible for implementation of any proposed
changes to the Groundwater Treatment Infrastructure required for the construction of City
Improvements,
3.4.4. Off site Transportation Improvements; Private Utilities. . County has the
responsibility for causing the off-site transportation improvements and associated private utilities
element of the Public Improvements to be constructed. It is the Parties' intent that the Public
Improvements be constructed in accordance with a desired schedule and goal for completion set
forth in the TCAAP Master Plan, and that in all instances to be timely constructed and phased to
provide adequate transportation facilities for the New Development as it occurs.
3.4.5. Maintenance Plan. County will develop and implement a maintenance
plan for its elements of the Public Improvements.
3.4.6. County Remediation. County will complete the County Remediation as
described in the OTP and Lease.
3.4.7. County Survey and Plat. County shall be responsible for the timely
preparation of a survey and initial plat of the TCAAP Site for the implementation of the TCAAP
Master Plan.
Section 3.5. City Implementation Responsibilities. City will complete its obligations and
responsibilities to assist in the implementation of the TCAAP Master Plan as.described in this
Section 3.5 and this Agreement.
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3.5.1. AUAR. City has the legal authority as the responsible governmental unit
("RGU") for the development of the AUAR. City will coordinate the results of the AUAR with
the Market Study and City's comprehensive plan in order to develop the TCAAP Master Plan to
guide the New Development as will be provided in the TCAAP Master Plan. City will exert its
best efforts"to.complete the AUAR within eighteen (18)months of the effective date of this Joint
Agreement, and to complete the TCAAP Master Plan within six (6) months of the adoption of
the AUAR, but not later than twenty-four (24) months of the effective date of this Joint
Agreement for completion of the AUAR and the Master Plan.
3.5.2. City Public Improvements. City has responsibility for the construction of
the City Public Improvements. It -is the Parties' intent that City and County Public.
Improvements, and Developer. Installed Improvements are constructed in accordance with a
schedule as. in set forth in TCAAP Master Plan in order that such improvements are timely
constructed and phased to provide adequate utilities for the New Development as it occurs.
However,unless otherwise agreed to by the Parties,the City will not construct the trunk and sub-
trunk water mains, storm and sanitary sewer elements of the City Public Improvements unless
the costs can be charged to a.developer pursuant to the City's petition process.
3.5.3. Code Enforcement Development Review Process. City has the legal
authority and responsibility for building code enforcement.on the TCAAP Site. City will assign
staff to oversee the JDA development review process to assure development is in accordance
with the development agreement approved by the JDA pursuant to the JDA development review
process described in Schedule C. City's_costs for oversight of the JDA review process and
enforcement of approved development agreements will be reimbursed by the JDA from
develo-meat fees described in Schedule D,
Section 3.6. Joint Responsibilities. The Parties will complete their joint obligations and
responsibilities in a timely manner. Where determined by the Parties to be more appropriate,the.
authority necessary for the redevelopment of the TCAAP Site as provided in this Joint
Agreement may be exercised by the more appropriate Party as determined by the Parties.
3.6.1. Legislative Authority. The Parties will jointly request legislative bonding
authority or other financing for the off-site transportation improvements as agreed upon by the
Parties, and other initiatives with the Legislature deemed necessary for implementation of the
TCAAP Master Plan, including_ the construction of the County and City Public Improvements.
The Parties shall agree on a reasonable allocation of such funds to the City and County
Improvements.
3.6.2. Coordination of Public Improvements. The Parties will coordinate the
timing of the Public Improvements which are their separate responsibility to facilitate the staged
redevelopment of the TCAAP Site pursuant to the TCAAP Master Plan. Each Party,with review
and comment by the other Party, may elect to construct public improvements in advance of any
identification of a Development Site or Sites. The Parties shall determine whether land for
public amenities such as parks and trails shall first be dedicated by the County, or dedicated by
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developers as the New Development is implemented. The Parties will recover their costs when
New Development takes place to the maximum extent feasible pursuant to Section 3.7.
Section 3.7. Cost Allocation. Recovery. The Parties will be undertaking activities
in support of the New Development and operations of the JDA which will require public
financial investment. It is the intent of the Parties that their respective investment be recovered
.to the maximum extent feasible (respectively "County Investment" and "City Investment" as
defined in Section l.l). The Parties will determine the respective cost allocation for the Shared
Public Improvements; including the storm water pond retention system currently considered a
likely_requirement for the New Development.
3.7.1. County Cost Recovery. The County will recover the County Investment
_ for the acquisition of the TCAAP Site, County Site Clearance, County Remediation, County
Public Improvements, Off-site Transportation Improvements and the operations of the JDA
primarily through the sale of land on the TCAAP Site. Notwithstanding the schedule and goals
stated in the TCAAP Master Plan, unless otherwise agreed to by the Parties, the County Public
Improvements shall be constructed when a Development Site is approved by the JDA, sold by
County to the selected Developer, and the selected Developer agrees to financially participate in
the extension of the respective County Public Improvements.
3.7.2. City Cost Recovery. City shall, recover the City Investment for the trunk
utilities and sub-trunk utilities (serving a Development Site), elements of the City Public
Improvements, and the preparation of the AUAR and TCAAP Master Plan.
3.7.2.1. City shall recover the City Investment for the trunk utilities and
sun^tivnx aLiflties when Q LGVelapment Site is approved by the JDA, and the selected Developer
agrees to financially participate in the extension of the respective City Public Improvements
pursuant to City's petition process.
3.7.2.2. -City shall recover the cost of the preparation of the AUAR and
TCAAP Master Plan through a fee or surcharge on building permits or other approvals issued by
City for the New Development as further described in Section 3.7.3 below.
3.7.2.3. Other City costs for serving Development Sites, including other
public infrastructure such as parks, shall be recovered by City pursuant to a development fee
structure as described at Schedule D. The development.fees shall be imposed by the JDA on
developers pursuant to approved development agreeents; special assessments; and park
dedication fees as may be necessary for a Development Site.
3.7.2.4. City shall retain all fees for services relating to building permit
and code enforcement activities performed on the TCAAP Site, as well as park dedication fees
imposed by the JDA.
3.7.2.5. Notwithstanding the schedule and goals stated in the TCAAP
Master Plan, unless otherwise agreed to by the Parties, the trunk utility and sub-trunk utilities
elements of the City Public Improvements serving a Development Site shall be constructed when
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a Development Site is approved by the JDA, and the selected Developer agrees to financially
participate in the extension of the respective City Public Improvements.
3.7.3. City Cost Recovery Formula. City shall develop an equitable formula for
the purpose of recovering.the City Investment for the cost of the preparation of the AUAR and
TCAAP Master Plan. The formula shall be applied to a Development Site and may be
determined by City as follows: (i) on a per acre basis of a Development Site compared to the
developable acreage of the TCAAP Site; (ii) a per acre basis on classes,of land uses on the
TCAAP Site or a Development Site; (iii) the value of the proposed development on a
Development Site; (iv) or other reasonable formula (the "Cost Recovery Formula"). The Cost
Recovery Formula may be a fee or surcharge attached to the building permit or other approval
issued by City for a Development Site, and collected by City as part of the building permit
review process.
Section 3.8. Development Site Cost Recovery Process. The JDA shall impose the usual
and customary development fees for a Development Site as provided in Section 3.2.3, and as
described at Schedule D. Such fees shall be used by the JDA to pay the costs of the development
review process; purchase services from the Parties or consultants necessary and convenient for
the review of Development RFPs and applications for Development Sites; and the drafting of
development agreements for a Development Site.
Section 3.9. Additional Cost Recovery. The Parties shall determine a reasonable method .
to distribute any funds generated by the redevelopment of the TCAAP site which are not
specifically allocated as provided in this Section.
3.9.1. Non-Allocated Costs. Each P--f-,shall be responsible' for its respective
costs and expenses not otherwise specifically allocated.in this Joint Agreement, including but not
limited to costs incurred in the preparation of this Joint Agreement, or costs for any other
agreements or documents determined by the Parties to be necessary and convenient as the Parties
move forward to implement this Joint Agreement.
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