HomeMy WebLinkAboutCCWS 09-13-2004
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Approved: November 29,2004
eITY OF ARDEN HILLS, MINNESOTA
eITY eOUNeIL WORK SESSION
MONDAY, SEPTEMBER 13, 2004, 5:00 P.M.
eITY HALL eOUNeIL eHAMBERS, 1245 WEST HIGHWAY 96
1. eall To Order
Present: Mayor Aplikowski, Councilmembers Rem, Larson, Holden, and Grant
Also Present: Ctiy Administrator Michelle Wolfe, Community Development Director
Scott Clark, City Attorney Jerry Filla,
Others Present: Resident David McClung, and Pioneer Press Reporter Allan Powell
The work session was called to order at 5:37 p.m.
. Mr. Clark reviewed his memo dated September 13, 2004, which was included in the
Council packet. His memo outlines "talking points" or issues for discussion with regards
to the Interim Agreement with CRR, Inc. for the TCAAP project.
The first discussion was regarding the expiration date. Consensus was that the amended
agreement would run for two years. The next discussion was the corporate name, which
is proposed to remain "CRR, Inc." even though Centex is no longer part of the team.
(There was a typo in the memo listing the corporate name as "CCR", which was clarified
to be "CRR.")
The next discussion topic was the Project Budget. The Developer would like to expand
the basis for reimbursement. There was discussion regarding the basis for this request.
For example, one basis for reimbursement could be if the planning and development
process continues and is ultimately approved, but the land use (which requires a 4/5 vote)
fails. CRR would like to see costs reimbursed for work that still has value to the City
and/or a new developer. For illustrative purposes only, Mr. Clark had listed some
potential reimbursement percentages by the various budget categories.
Councilmember Grant stated that he was not in favor of expanding the list of
reimbursable items. Councilmember Larson said that it seems fair to not create a
"windfall" for a future developer. The City's risk is fairly low; whether we wait the three
years before working with a new developer so that the reimbursement is a moot point, or
. we negotiate with a new developer to reimburse us for those costs.
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. Mr. Filla commented that there is no reason we could not recover these types of
expenses. Mr. Clark stated that he estimates this proposal is worth an extra $100,000
beyond what the current agreement commits the City to.
Councilmember Grant indicated that he is comfortable with this concept for planning and
engineering costs, but not for expanding the number of categories. Mayor Aplikowski
stated that the project has been more complicated and she believes CRR is nervous about
the direction City Council will take. The process has been longer than anticipated, and
the Army and GSA have not met deadlines.
Councilmember Holden asked who the lead is for CRR, Ryan or Rehbein. Mr. Clark
responded that he has discussed this with Mr. Carlson, and he expects a response soon.
Mr. Filla asked if there is a consensus to expand the reimbursement category, as a
concept, with details to follow. Mayor Aplikowski responded that she is not having a
problem with this idea because the whole thing has been delayed and we have needed
more professional assistance. She asked if the rest of the Council is comfortable with
staff discussing a percentage amount with CRR?
Councilmember Larson stated that he is reluctant to discuss a percentage. Mr. Clark
reminded those present that we are talking about the money invested by CRR, not the
City.
. It was determined that there was consensus to discuss with CRR the concept of
expanding the categories for reimbursement and some type of formula. Staff was
directed to try and develop specific language the Council could revicw regarding the
related topic ofthe list of "triggers" ~ i.e. events that would "trigger" reimbursement.
Due to the time, it was decided to delay discussion on the item "Roles and
Responsibilities" .
The next topic was "Exclusivity". Mr. Clark clarified that CRR does not become the
Master Developer until a Final disposition and Development Agreement is finalized.
This proposed language does not directly give them that designation. They do not get
that status by merely signing the new interim development agreement. There was
consensus that everyone was comfortable with this language.
The next topic was "Public Participation." Mr. Clark reviewed the section of his
September 13 memo relating to this topic. Mr. Larson stated that he is not in favor of
anything other than "consideration" of public participation. He is uncomfortable with
committing to anything firmer in terms of language at this point. It is too early in the
project.
Mr. Grant indicated that he agrees with Mr. Larson. Mr. Clark stated that the developer
. is unsure how they get comfortable with the City on this topic, given that the City has
limited history of using public participation. Thcre was further discussion and then a
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. consensus to language that would indicate the City is "willing to consider" the use of
public participation for this project.
The work session discussion concluded at 6:59 p.m.
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Michelle A. Wolfe, CITY ADMIN I TRA TOR
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