HomeMy WebLinkAboutCCP 08-19-2002
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Arden Hills City Council
WORK SESSION
4:45 p.m.
Monda Au usf 19, 2002
Agenda
Mayor
Dennis Probst
Council Members
Beverly Aplikowski
David Grant
Gregg Larson
Lois Rem
(The times may vary depending upon length of discussion.)
1. Call to Order
DEPARTMENT
2. COMMUNITY SERVICES
A. TCAAP Updates
1. Representative Betty
McCollum
2. U of M Desigu Team
Community Dialogue Update
3. Development Team Update
B. Finance
1. 2003 Budget
4. OPERATIONS & MAINTENANCE
5. ADMINISTRATION
CITY COUNCIL REPORTS
A. Council Member Grant
B. Council Member Larson
C. Council Member Aplikowski
D. Council Member Rem
E. Mayor Probst
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STAFF
Aaron Parrish
Terry Post
Thomas Moore
Joe Lynch
1245 W. Highway 96
Arden Hills, Minnesota
55112
651.634.5120
TIME
4:45
Mayor
Dennis Probst
ConneD Members
Beverly Aplikowski
David Grant
Gregg Larson
Lois Rem
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~HILLS
Arden Hills City Council
WORK SESSION
4:45 p.m.
Monda Au ust 19, 2002
Agenda
(The times may vary depending upon length of discussion.)
1. Call to Order
DEPARTMENT
2. COMMUNITY SERVICES
A. TCAAP Updates
1. Representative Betty
McCollum
2. U oIM Design Team
Community Dialogue Update
3. Developmeut Team
Discussion
I. Open Discussion and
Critical Path Chart
STAFF
Aaron Parrish
II. Interim Development
Agreement
B. Finance
1. 2003 Budget
Terry Post
3.0PERATIONS & MAINTENANCE
Thomas Moore
4. ADMINISTRATION
CITY COUNCIL REPORTS
A. Council Member Grant
B. Council Member Larson
C. Council Member Aplikowski
D. Council Member Rem
E. Mayor Probst
Joe Lynch
1245 W. Highway %
Arden Hills, Minnesota
55112
651.634.5120
TIME
4:45
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AUG,16,2002 9:18AM
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Job Date Time Type Identification Duration Pages Result
813 8116/2002 912:07AM Send 9.7634219511 055 1 OK
814 8116/2002 9:13:07AM Send 9.6516286833 0:50 I OK
815 8116/2002 914: 03AM Send 9.7637060891 0:36 I OK
816 8116/2002 9:14:44AM Send 9.6516333846 0: 58 I OK
817 8116/2002 9:15:47AM Send 9.6512282191 0:58 I OK
818 8/16/2002 9:16:50AM Send 9.6512279371 0:36 1 OK
819 8/16/2002 9: 17: 32AM Send 9.6514821262 0:39 1 OK
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MEMORANDUM
DATE:
Agenda Item 2.A.2
August 14,2002
TO:
Mayor Dennis Probst
Council Member Beverly Aplikowski
Council Member David Grant
Council Member Gregg Larson
Council Member Lois Rem
Joe Lynch, City Administrator
FROM:
Aaron Parrish - Community Services Director
SUBJECT:
Community Dialogue Update
ENCLOSURES:
1. Emerging Principles to Guide Land Use Planning: Outcomes of the
TCAAP Community Dialogues - August 13, 2002
2. TCAAP Community Dialogue Notes: Transportation Focus
3. TCAAP Community Dialogue Notes: Natural Resources and Parks
Focus
4. TCAAP Community Dialogue Questionnaire Responses: Natural
Resources and Parks Focus.
5. TCAAP Community Dialogue Notes: Environmental Clean Up Focus
Overview
On Tuesday August 14,2002, the Design Center for American Urban Landscape hosted an Open
House to conclude the Community Dialogue process. As Council will recall, previously the
Design Center hosted an initial Open House which was followed by four Commnnity Dialogues
each with a particular focus including:
1. Environmental Clean Up
2. Natural Resources and Parks
3. Transportation
4. Land Use and Design Principles
Information provided by the Design Center to date has been attached for your review. It is
anticipated that the Design Center will distill much of the information obtained from this process
into a report at some point in the future. The Design Center will be available at the meeting to
provide and update.
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, Emerging Principles to Guide land Use Planning
Outcomes of the TCAAP Community Dialogues - Aug. 13, 2002
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The following statements summarize themes heard consistently throughout the TCAAP Community
Dialogue process. They were drafted by the Design Center for American Urban Landscape using input
received from question and answer sessions, written comments, and group discussions.
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Citizens seek assurances that the type and extent of pollution will be properly determined,
documented, and used to inform land use decisions.
Development must bear the cost of cleanup above industrial standards. (TIte Army is legally
responsible to cleanup polluted areas to industrial land use standards.) These costs should
not be shifted to the City of Arden Hills.
Follow the Vento Plan:
Preserve large open spaces and connecting corridors
Provide buffer areas between open spaces and development
Include areas for athletic playing fields
Develop with natural functions ofland
Protect water quality
Provide for a variety of parks from active recreation fields to passive walking trails
Plan for all types of transportation: auto, bicycle, foot, bus, rail
Plan comprehensively: consider transportation impacts on adjacent neighborhoods, local streets,
arterials, and regional highway system
Provide good connections between TCAAP and adjacent neighborhoods, parks and open space
(integrate site into surrounding community)
Provide safe highway/freeway crossings for vehicles, bikesl pedestrians, such as under/over
passes, bridges
Provide major site entrances from south, west, and north
Development should have a mix: of activities~ retail, commercial, entertainment, in-
dus~ housing, parks, and formal civic space
Development should be pedestrian friendly, for example sidewalks and shade trees
if environmental conditions permit housing, provide a range of types
Consider opportunities for industrial land uses
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TCAAP Community Dialogue: Transportation Focus
Natural Resources and Transportation Small Group Discussions
July 25,2002
7:00p,m.
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Prepared by the Design Center for American Urban Landscape
The third of four dialogues began with small group discussion about responses to the
natural resources questionnaire of the previous July 16 dialogue. Afterward, participant
discussed concerns about transportation. The process included each small group reporting
back to the larger group. Below are the comments that were recorded by the large group
leader. (There were no formal presentations to the group.)
Natural Resources Discussion
Question # J With respect to natural resources, what do you value most about the assets
of the larger TeMP site?
. Keep Vento Plan to keep natural resources
· Preserve Corridors
· Look at TCAAP in regional context: natural resources, transportation development
· Rice Creek Corridor drainage
· Large contiguous habit reserves (development should not fragment these)
· Active recreation for all scales and communities and groups - buffer natural resources
· Future development should work with and support natural function of land
. Preserve wildlife and water corridors
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Question #2 What are your concerns about development of the site?
· Limit Access from South near new development, have more than I access point-
TH 10 and 1-35W
· All stakeholders should have input on impact of development
· Do not fragment site
. Saving money - do not clean-up polluted sites above industrial land use; put higher
land uses elsewhere
. Storm water treatment should use infiltration techniques /best practices
· Access to site important - transportation and environment
. Concern about clean-up costs
Question #3 How can developmentfit within the natural resources of the site?
. Veoto plan - retain large scale natural resource areas
· Put brick and mortar on western 1/3 of site
· Minimize light pollution with best practice strategies
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TCAAP Community Dialogue: Transportation Focus
Natural Resources and Transportation Small Group Discussions
July 25, 2002
7:00 p.m.
Prepared by the Design Center for American Urban Landscape
. Identify contaminated sites first - plan land use from this starting point
. Restore natural plant communities as part of future development
· Buffer open space from development
Question #4 How should parks fit within the development and open spaces?
· Parks need to be compatible within land use plans - know more later when planning
is further along
· Limit sports - not a primary focus for this site
· Locate a community park by Sun Fish Lake
Question #5 With respect to natural resources, what should guide comprehensive
planning for all of TeAAP?
. Vento Plan
. Large scale natural areas that have access for people
· Good transportation planning will help protect natural resources on south side
. Natural functions of land should guide the future plan
· Put natural resources first
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TCAAP Community Dialogue: Transportation Focus
Natural Resources and Transportation Small Group Discussions
July 25, 2002
7:00 p.m.
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Prepared by the Design Center for American Urban Landscape
Transportation Discussion
Question #1. With respect to transportation, what are your concerns about development
of the southwest crescent of TCMP?
Local Concerns:
. Impact on arterials to South - Hamline Ave in particular
· Hwy 96ffH 10 intersection need improvement - grade separation good idea
. Within the development - jobslbousing balance important, connectivity
important, multiple modes of transportation important, sidewalks are important
· Road can be a barrier in getting from home to work, design good crossings
· Site isolated by large roads, non-auto connections adjacent neighborhoods, cities
is a challenge
Subregional/Community Concerns:
· Traffic mix -- potentially more trucks, development will put more trips on
existing roads; need good traffic management strategies, e.g. signalization
· Development will increase congestion, need to mitigate impacts
. Development will be a job magnet -
· Existing roads may be able to handle more volume than we think
· Keep neighborhood development in mind - plan for all
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Regional Concerns:
. 35W and Hwy 10 may nced improvements to hand addition traffic
. Rail infrastructure asset maximize - freight, passenger, trails are all possibilities
. Keep regional traffic on regional network
. Connect area to regional transportation systems: bus, rail, etc.
Question #2. What transportation alternatives do you envision as part of the
redevelopment of the southwest crescent of TCAAP?
· Locate 2 primary transit centers - circulators for new development and adjacent
community - include bike racks and other amenities for commuters (2 tables
suggested)
. Trails need to connect stores, recreation - make it easy for people to walk or bike
rather than using the car
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TCAAP Community Dialogue: Transportation Focus
Natural Resources and Transportation Small Group Discussions
July 25, 2002
7:00 p.m.
Prepared by !he Design Center for American Urban Landscape
. Rail is an option - consider multiple uses of rail right-of-way, e.g. pedestrians in day
time or trails for bikes
· Need trail under/over passes to get across major highways bordering site
· Use every transportation option to accommodate mixed use intense development
Question #3 What land use and development strategies should be considered to support
these transportation alternatives for the southwest crescent?
· Live and work close together
. TOD approach - community uses in center, ring center with open space
· Engineering needs for grade separation might cause land use problems/constraints
· Land use and development for rail/freight activity
· Mix of uses within development
· Put a transportation plan in place before development begins
· Density enough to support transit
· Land use/transportation connected; needed to look at both simultaneously
. Keep in mind - you're planning a small community, there should be a mix of land
uses, there are many things to consider
. Intense mixed-use areas
. TH 10 - remove deck
· Grade separation at Hwy 96 and over rail is needed to make crossing easy for
bicyclists and pedestrians
. Trails can connect to Long Lake Park, extend park system and access
· Put commercial development along TH 10 to buffer residential areas from sound, that
way we can avoid sound barriers.
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TCAAP Community Dialogue: Natural Resources and Parks Focus
July 16, 2002
7:00 p.m.
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Dialogue Notes Prepared by the City of Arden Hills
This is the second in a series of four community dialogues. Three opening presentations were
made, after which there were questions and responses. Joan Galle, Minnesota Department of
Natural Resources (DNR); Tom Moore, City of Arden Hills; and Gina Bonsignore, Design
Center for American Urban Landscape were the three main speakers. Dave Hamemick,
Minnesota National Guard also made a brief presentation on the Guard's recently completed
Natural Resources Inventory of TCAAP and announced that the Guard's management plan will
be released soon. Written questions were submitted by the audience and panel members
responded. These are summarized below. (Please note, the questions and comments have not
been edited by presenters and may be subject to revision prior to the conclusion of the dialogue
process. )
Question: What would be the limit for public use of the preserve land in TCAAP for summer and
winter use?
Currently, the land is not open for public use. The National Guard indicated their portion
of the land will be open for public use when the National Guard is not training on the
land. Beyond that we do not know which lands will be up for ownership and it will then .
be up to those new owners as to what kind of accessibility they want for their land.
Question: The cities of New Brighton, Shoreview, and Arden Hills do not have a soccer
complex. The TCAAP land would be a great opportunity for such a center. Are there any plans
regarding this issue?
As indicated in the meeting, there will be some type of athletic center on the property. It
is not known what sport(s) the center will support. There are four city parks which have
been transformed to create "seasonal soccer fields" to make use of the limited space
within the City. The City is currently working on developing more soccer areas as well.
Question: Why hasn't the existing wildlife viewing area to the south of the archery area been
shown on any planning maps and who will be responsible for this area in the fUture?
The public viewing area is under the responsibility of the National Guard and remain a
public wildlife viewing area.
Question: Who will decide what sport(s} the fUture athletic facility will accommodate?
The Parks Department is a resident-driven department. The type of complex built will be
up to the residents of Arden Hills.
Question: Does all of TCAAP have to be saved for natural resources? There appears to be a
significant portion ofTLAAP that is industrial. Why wouldn't that be kept?
The area in mention was not meant to be implied it would be kept industrial. The lands
that were talked about were essential for resource sustainability and are noted green on
the previously shown map. That area would constitute the regional park preserve. The .
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TCAAP Community Dialogue: Natural Resources and Parks Focus
July 16, 2002
7:00 p.m.
Dialogue Notes Prepared by the City of Arden Hills
Vento Plan did can for a portion of the land for commercial and industrial development
and a portion to residential development. The DNR's position is to support and advocate
for the Vento Plan.
Comment: Do you really find smart growth land use consistent with army training grounds;
especially with regard to the area known as the Marsden Preserve?
Nation-wide some of the most important wildlife habitats are owned by the Department
of Defense (DOD). Locally, in Minnesota, some of the best wildlife management in the
state has been done at Camp Ripley. The National Guard evaluates their past land use to
determine if past use has been a detriment to the land.
Comment: Why was the Minnesota Army National Guard denied the 540 acres in Phase II?
The request for 540 acres has not been officially responded to. Negotiations are still on-
going for this portion ofland.
Comment: The area highlighted as athletic fields may not become available any time soon. The
Vento Plans calls for fields to be located elsewhere in the interim that the land is not available.
Are we in this interim?
The area designed for athletic fields has not yet be characterized for contamination so no
firm decision can be made at this point.
Comment: What is the minimum width for a corridor? Narrow greenways may be nice for
walking and bike trails. They have a minimum value for wildlife.
In order to have a habitat that has interior as well as exterior habitat, you want to have a
minimum of 1,000 feet wide; but the width is very dependant on the natural features
present and the wildlife that is anticipated to move through the corridor.
Comment: How is a major recreation complex compatible with a wildllft corridor?
The intent is not to place a complex directly in a major wildlife corridor. A buffer would
need to be placed between the complex area and any major wildlife area.
Comment: Several comments have been made about the placement of a soccer complex in a
brownjield area with references to other cities who have done this.
The brownfield area win be better addressed by past speakers; therefore, this will have to
addressed on the website after those people can be contacted for a response.
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TCAAP Community Dialogue: Natural Resources and Parks Focus
July 16, 2002
7:00 p.m.
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Dialogue NOles Prepared by the City of Arden Hills
Comment: Would Arden Hills be willing to work with the NSSA to apply for capital development
grants from the United States Soccer Association to construct soccer fields?
Yes, the City would be willing to do so. If there is money available from other resources,
the City would be willing to work to obtain this money. Currently the City is working
with the Ramsey County Parks and Recreation which has a program to develop soccer
fields in all communities.
Comment: Has the City considered using the "active" park areas [in the Vento plan) to add
new soccer fields; perhaps something like the Coon Rapids Soccer Complex?
We have not gotten that far in the thought process. Again, whatever is decided will all be
resident-driven.
Comment: The Vento Reuse Committee conducted an open regional process for the reuse of
TCAAP. What are we doing with this process?
At the moment the City is in the process of selecting a master planner which will provide
additional detail on any potential area that the federal government would look to transfer.
As part of that process, the City will establish a task force which will involve members of .
local commissions as well as stakeholders so it will recognize the significance to adjacent
communities and the region.
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TCAAP Community Dialogue: Natural Resources and Parks Focus
Questionnaire Responses
July 16, 2002
7:00 p.m.
Prepared by the Design Center for American Urban Landscape
Written questions, prepared by the Design Center for American Urban Landscape, were
distributed at this second dialogue. Those in attendance were asked to submit written responses
as well as use the questions to guide discussion after the presentations. Presentations and general
questions and responses concluded at 9:00 PM. Because of the late hour, small group discussions
were made optional to the audience. People were encouraged to submit written responses if they
didn't want to stay for discussion. Written responses to discussion questions have been compiled
and are presented below.
1. With respect to fUltural resources, what do you value most about the assets of the larger
TeMP site?
. I value natural resources, use of area for birdingt wildlife watching and also value the land for a set-aside area
that is not easily accessible. where wildlife exists with minimal disturbance - this is like water in a well that
can regenerate itself and sustain itself.
The large open space itself. There are few tracts of large public ownership in the metro area, especially in nouh
metro. Don't fragment it like so much of our metro area.
We must preserve Marsden Marsh and its connective corridors to Rice Creek.
Open space.
Wildlife diversity within the Metro. There are many species found here that are nowhere else. This is critical
habitat.
Keep as closely as possible to Vento Plan. If natural resources or park space is impossible becausc of
contamination, use residential or business space for park/recreation.
The wildlife protection is key, This is a unique resource that must be preserved.
Quiet and darkness
Wildlife
Best US site for World Cup cross country and Biathlon
Elevation - would be nice to see it, use it in winter recreation (downhill ski) could have snowmak:ing
2. What are your concerns about development of the site?
. Would like to use the elevation and not give it up to development
. Access to property from south - not as primary access but allowinl! access. Good access from south but
primary access from Shoreview.
.. Don't have Hamline be main access.
.. Contamination - expensive to get to residential standard
. Can soccer fields be on contaminated ground? With crowning of fields?
. What is not contaminated?
. I am concerned aOOm too much road paving, housing and dividing the open space into little parts.
. I will Jose some of my metro area quality of life.
. Human access to the marsh and creek edges will be fatal to many water nesting species.
. Wholesale development with no concern for social capital and recreational active sites.
. Splitting wildlife corridors. Critical habitat being destroyed.
. That there be input from all stakeholders.
. Short term goals may not be good for long term preservation. Money may play too imponant of a role.
· That an athletic/soccer complex won't make the cut.
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TCAAP Community Dialogue: Natural Resources and Parks Focus
Questionnaire Responses
July 16,2002
7:00 p.m.
Prepared by the Design Center for American Urban Landscape
. Splitting wildlife corridors. Critical habitat being destroyed.
. That there be input from all stakeholders.
. Short term goals may not be good for long term preservation. Money may play too important of a role.
· That an athletic/soccer complex won't make the cut.
3. How can development fit within the natural resources o/the site?
. Keep native species of trees Ino more exotics. (there are a lot of exotics)
. Arboretum ofMN trees? Like UCLA arboretum.
. Double use/shared parking for different uses.
. Principles of Aldo Leopold
. Land use restrictions might be added to developed areas - requiring preference to maintain trees, wild grass
lands, wetlands on evcn developed lands.
. Let citizens decide - not developers. Limit development to the west edge and use best management practices
as much as possible.
. "Brick & Mortar" development should be kept to the already degraded western third of the site.
. Use buffer zones of active recreation to protect natural resources.
. The less development the better.
. There is room for all.
. As part of a buffer.
4. How should parks fit within the development and open spaces?
. This is one of our last chances for a community park
. We need a nature interpretive center like at RosevilJe (birders. butterfly folks). Build it into a hill? Second
floor viewing area'!
. Soccer fields should have some native plants - not just fertilized grass, plus direct drainage into holding
ponds
. Need underpasses, need more places/open spaces to go to
. Need continuous green spaces for kids to travel along
. Need hockey arena
. Do we need more soccer fields? Yes. Current ones are busy.
. Need local soccer field
. Need 6-lane competitive pool
. Parks with greater public use should be on edges of wildlife open space as buffers to development areas.
. Open space does not mean athletic fields. Development of "parks" can be as destructive as pavement.
. Ball fields should be kept ont of the Vento Plan Corridor and the Kame area as they will not allow movement
of wildlife. Walking paths should avoid sensitive areas such as the loose sand at the top of the Kame.
. Buffer zones should be developed prior to residential and industrial.
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TCAAP Community Dialogue: Natural Resources and Parks Focus
Questionnaire Responses
July 16,2002
7:00 p.m.
Prepared by the Design Center fOT American Urban Landscape
. Parks are fine as long as there are buffer ZOnes between them and critical wildlife habitat.
. A definite part of the plan.
5. With respect to 1Ultural resources what should guide comprehensive planning for all of
TCAAP?
. Like idea of giant green area with access for people, e.g. summer/winter paths.
. Like wildlife corridors connecting to south
. Watch cost of clean up. Should soccer association pay for that?
. What is reasonable to clean up now?
. The variety of native vegetation types should be valued and preserved, (evaluate most valuable resources).
Connecting corridors is valuable. Do not split areas with busy roads and too much pavement.
. Natural resources first - a new model - not more of the same - which has reduced my quality of life. Protect
open areas and have most active area for development on the edges.
. The Vento Plan was and is the best Plan. We must consider the wildlife that requires a ~ tract ofland and
not break it up with development.
. Preservation of natural green corridors.
. Vento Plan
. The corridor must be preserved.
6. Additional questions/comments for the planners
. We have a city lhat is divided - this can help us create a whole city.
. New Ramsey County facility disrupts connection with site from south. (but there will be an underpass - 20
year plan)
. Where is Ramsey County in this? Will they get the Rice Creek corridor? What can they do with it (uses)?
. Can have a city square
. Will they need another water lower? Will it need to be on the hill?
. Terrific natural resources inventory in Guard document
. Basic Planning - transportation -likely uses, traffic car, truck, rail, pedestrian?
. Freight? Will the rail be used and make it into warehouses/industry?
. We need a meeting to discuss athletic field development.
. The meetings thus far have been very informalive. When will there be meetings where stakeholders from
Arden Hills and broader community can give input?
· Thc Minnesota Herpetological Society supports the DNR view of this area.
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TCAAP Community Dialogue: Environmental Clean-up Focus
July 10, 2002
7:00 p.m.
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Dialogue Notes Prepared by the City of Arden Hills
The first dialogue focused on information about the environmental clean-up of TCAAP. A panel
of public agency representatives and master development team members provided background
information before questions were taken. Panel members included: Mike Fix, US Army
Commander's Representative at TCAAP; Tom Barounis, US EPA; Dagmar Romano, Minnesota
PCA; and master development team members John Henle, Glenn Rehbein Companies and Scott
Tracy, Tetra Tech. The audience was asked to submit written questions to which the panel
members responded. Below is a summary of questions and responses as recorded by the City of
Arden Hills. Some panelists have provided additional information after the notes were drafted.
This information is identified with brackets.
Question: Will Arden Hills ever be held responsible for the cleanup above industrial levels?
When the Army cleans a particular area up to an industrial level and then excesses that
parcel there will be a deed restriction on that parcel restricting the use to industrial levels.
If whomever the parcel is deeded to elects to use it for a less restrictive use, it will be that
person's responsibility to clean it to that level.
[Written response submitted by panelist for further clarification-"lt could be anticipated
that during the City's negotiations for land transfer with the U.S. General Services
Administration (GSA) and the City's desire to implement the framework of the Vento
Plan, some areas may require remedial efforts above industrial standards to unrestricted
residential standards. Various financial mechanisms can be implemented to pay for the
anticipated costs, such as contractual agreements with the Army, U.S. Environmental
Protection Agency (USEPA) funding, state grant, Tax Increment Financing (TlF), credits
against any positive land values and others. Insurance products and performance bonding
would also secure such remedial actions."]
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Question: What is the plan and process for areas that have not been screened for
contamination?
There is a significant area of TCAAP property that has not yet been characterized and
some of that land is in the area proposed to be transferred to the City. In the early transfer
process, both contaminated and uncontaminated parcels could be included. The Army is
looking at starting a Phase I Site Assessment which looks at the parcel history and will
evaluate what additional field work will need to be done to clean the contaminated
property .
Question: What is the environmental cleanup status of the parcels already transftrred, i.e., City
Hall property and future Operations and Maintenance facility property?
The property the Army Reserve Center currently occupies is still under the accountability
of the Army and they would be responsible for remediating any contamination discovered .
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TCAAP Community Dialogue: Environmental Clean-up Focus
July 10, 2002
7:00 p.m.
Dialogue Notes Prepared by the City of Arden Hills
on the site. The City Hall property has been deeded to the City without restrictions and
with deed covenants which means if contamination was found the Army would still be
responsible for cleaning up that contamination. The 39-acre parcel in the process of being
transferred to Ramsey County for a joint Maintenance facility with the City of Arden
Hills is currently occupied by Alliant Tech Systems who will soon be vacating that
property. When Alliant vacates that property, a characterization of the property will be
completed to determine if the property is appropriate for any future intended use. That
property can be an industrial transfer with use restrictions since it is intended to be a
maintenance facility.
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Question: How will open space designated by the Vento Reuse Community be protected as open
space if ownership is transferred to the City?
The majority of the open space lies within the current licensure of the Army so whatever
contamination remains there it is still under the responsibility of the Army. The parcel of
open space that lies within the Rice Creek Corridor can be transferred in two ways: the
GSA could excess and convey the property to the City which can then convey it to
Ramsey County for parks space; or the GSA can convey it directly to Ramsey County
and remove it from any excess that would go to the City. In either case, the remedial
responsibility there would be handled in that transfer process and is still under the
jurisdiction of the EPA and Minnesota Pollution Control Agency (MPCA).
Question: What are the difftrences in roles of authority between the EPA and MPCA?
The cleanup of a superfund site has to follow certain requirements. Some of those
requirements are federal requirements and some of those are state requirements. Army
Ammunition Plants are on the National Priorities List (NPL) as well as ranges. Most sites
on the NPL now have a federal facilities agreement, which is a tri-party agreement
between the Department of Defense (000), USEPA, and the state regulatory agency.
The USPEA must have concurrence with a covenant or covenant deferral. In the case of a
covenant deferral, a governor's concurrence also is required. The USEP A is responsible
for setting the cleanup standards and making decisions for remedial activities at the site.
The city has the ultimate role in determining use of the transferred land which is why the
intention is to have a dual track process of working on the land transfer and planning at
the same time.
Question: What is a dual track process?
The dual track process the City is involved in is the land planning exercise using the
Vento Plan as the framework and the negotiation the City will engage in with GSA who
is the disposal agent for this excess land.
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Page 2 of 5
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TCAAP Community Dialogue: Environmental Clean-up Focus
July 10, 2002
7:00 p.m.
.
Dialogue Notes Prepared by the City of Arden Hills
Question: Are the development options currently being proposed consistent with the Vento Plan
in regard to the amount of open space?
These meetings are the preliminary meetings to begin the planning process. It is always
the City's intention to use the Vento Plan as the framework for the planning process.
Question: Where in the "pecking order" of excessing property to the City?
GSA is not here to answer the question; therefore, it will be put on the city's web at a
later date with an answer after GSA can be eontaeted.
Question: To what levels have PCB's been cleaned up and have they been identified as high
occupancy or low occupancy levels?
That is a very technical question which requires the actual teehnical data which is not
available at this meeting so speeifie levels eannot be noted. Again, this item will be
addressed on the website when an answer ean be obtained.
Question: How many known contaminated sites are in the proposed acquisition area by Arden
Hills?
The main sites are sites listed as Sites I, K, C, 0, Primerffracer Area 135, and 129-3.
These identified areas can be found on the slide presented during Mike Fix's presentation
entitled Cleanup Sites. Please also see the Installation Action Plan for further information
on these sites on the Army's website. This link will be made available through the Arden
Hills website.
.
Question: Is it correct to assume that cleanup standards would be higher for residential use and
lower for park use?
The general cleanup standard the state falls back on is 400 ppm for lead for residential
and recreational use and 700 ppm for lead for industrial use. The MPCA on occasion will
go higher or lower depending on site-specific conditions. There are also cleanup
standards written into law such as the drinking water standard which must be met. There
are very few legislative standards for acceptable cleanup levels in soil. A risk assessment
is generally used to determine such standards. Cleanup levels can be set for a property
when the future use is determined.
Question: Will the planned residential development on TCAAP require more pollution litigation
planning?
The Army has indicated that it will cleanup the site to negotiated industrial standard. If
residential uses were planned, then additional cleanup might be required.
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Page 3 of 5
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~HILLS
TCAAP Community Dialogue: Environmental Clean-up Focus
July 10, 2002
7:00 p.m.
Dialogue Notes Prepared by the City of Arden Hills
Question: Are the redevelopment plans designed to avoid increased pollution from traffic
congestion?
The meeting on July 25th will deal with transportation concerns. In general, when
contemplating a site redevelopment of this type, one of the required elements is to
consider the potential environmental impacts of the proposed development, including
increased traffic. An environmental assessment or similar study will look at those issues
and evaluate them.
Page 4 of 5
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TCAAP Community Dialogue: Environmental Clean-up Focus
July 10, 2002
7:00 p.m.
Dialogue Notes Prepared by the City of Arden Hills
Comment: How does environmental insurance work?
A quick example of the benefits of using environmental insurance can be seen in a
project completed in St. Paul. The City of St. Paul recently developed an area known as
the Upper Landing, which was formerly a heavily contaminated scrap yard. This area
required several million dollars of remediation. At the time the developer investigated the
property, the entire site had not yet been characterized, so the city wanted to have
assurances from the developer that the city would not be held responsible for any cost
overruns or nnidentified contamination. The developer was able to provide the city with
such assurances by purchasing a cost cap liability policy to help put a limit on any
possible future cleanup expenditures due to contamination.
Page 5 of 5
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MEMORANDUM
DATE:
2.A.3
August 14,2002
Agenda Item
TO:
Mayor Dennis Probst
Council Member Beverly Aplikowski
Council Member David Grant
Council Member Gregg Larson
Council Member Lois Rem
Joe Lynch, City Administrator
Aaron Parrish - Community Services Director ;If
FROM:
SUBJECT;
Development Team Discussion
i. Open Discussion and Critical Path Chart
ii. Interim Development Agreement
ENCLOSURES:
I. Draft Interim Development Agreement --' Regular Copy
2. Draft Interim Development Agreement - Mark Up Copy
3. Project Management Diagram and Spreadsheet
4. Project Budget and Supporting Documentation
Onen Discussion and Critical Path Chart
The Development Team will be available for any questions the Council might have regarding
TCAAP. In addition, they will have a "Critical Path Chart" available at the Council meeting that
highlights various activities related to land transfer and planning along with estimated timelines.
Interim Development Al!reement
Attached is a current copy of the Interim Development Agreement for your review. Based on
previous Council input and negotiations with the Development Team, it is staff's perspective that
this document is in near final form.
An initial project budget has been prepared. This has been included as an exhibit to the
agreement. In addition, the budget has been attached separately as well along with supplemental
information from potential project team members. A diagram and spreadsheet highlighting each
Local Project Team member's role has also been included for your review. While this project
budget identifies particular project consultants, it is anticipated that the Council would approve
.
.
.
2
August 14, 2002
specific consultants once the Interim Development Agreement is finalized. AdditionalIy, staff
has worked closely with the Development Team to fmalize project budgets.
Requested Action
Discuss and provide comments on the Interim Development Agreement
DRAFT #6 .
INTERIM AGREEMENT
1.0 Parties. TillS INTERIM AGREEMENT is dated the day of
2002, and is entered into by and between the City of Arden Hills, a Minnesota statutory
city (herein "City") and CRR, LLC, a Minnesota limited liability company
("Developer").
2.0 Recitals.
A. WHEREAS, the Twin City Army Ammunition Plant ("TCAAP Site") is
located in Ramsey County and within the corporate boundaries of the City;
B. WHEREAS, a re-utilization plan for the TCAAP Site has been prepared;
generally illustrates a major area of continuing control and use by the
Minnesota Army National Guard, an area for open space and recreational
use, and an area for residential and commercial use; and is commonly
known as the "Vento Plan" which is attached hereto as Exhibit A;
c.
WHEREAS, the U.S. Department of the Army has determined that
approximately 774 acres (the "Excess Area") of the TCAAP Site are no
longer necessary for U.S. Army purposes, and has reported to the General
Services Administration ("GSA") that the Excess Area is available for
distribution;
.
D. WHEREAS, the City anticipates that 661 acres of the Excess Area will be
conveyed to the City ("AH Redevelopment Area"), and that 113 acres of
the Excess Area will be conveyed to Ramsey County ("Rice Creek
Corridor Area"), as more particularly described on Exhibit B attached
hereto;
E. WHEREAS, the parties agree that the AH Redevelopment Area will be
developed pursuant to the Vento Plan, but acknowledge that the Vento Plan
is a broad framework for development which may need to be refined when
the environmental remediation analysis for the AH Redevelopment Area,
and possibly adjoining areas, is completed;
F.
WHEREAS, the parties agree that the westerly 276 acres of the area under
the use and control of the Minnesota Army National Guard ("Minnesota
Guard Area") should be considered when adopting a land use plan and an
infrastructure plan for the AH Redevelopment Area even though the
.
.
.
.
Minnesota Army National Guard will continue to use and control the
Minnesota Guard Area for an indefinite period of time;
G.
WHEREAS, the City has selected the Developer to be the Master
Developer for the redevelopment of the AH Redevelopment Area subject to
the terms and conditions of a Disposition and Development Agreement
("DDA");
H.
WHEREAS, Developer, at its sole cost and expense, has agreed to assist
the City in obtaining a transfer of the AH Redevelopment Area from the
GSA and to undertake an extensive environmental analysis of the AH
Redevelopment Area in order to determine if it is economically feasible to
proceed with environmental remediation and redevelopment; and
1.
WHEREAS, the parties wish to enter into an Interim Agreement which
describes the obligations of the parties relating to the transfer of the AH
Redevelopment Area, the environmental survey and analysis of the AH
Redevelopment Area, the preparation of a DDA which would become
effective upon transfer of the AH Redevelopment Area to the City and the
preparation of an Amendment to the City's Comprehensive Land Use Plan
for the AH Redevelopment Area ("Comprehensive Plan Amendment").
NOW, THEREFORE, in reliance upon and in consideration of the mutual undertakings
herein expressed, City and Developer agree to the following terms and conditions:
3.0 Guiding Principles. The parties acknowledge that the transfer of the AH
Redevelopment Area; the environmental survey of the AH Redevelopment Area;
the preparation of a land use and infrastructure plan; and the negotiation of the
DDA will be a complex and expensive undertaking which will require the
cooperation of the parties and the coordination of activities in order to achieve
common goals in a cost effective manner. Therefore, the parties agree that
throughout the term of this Interim Agreement, their conduct will be governed by
the following general principles:
A. Cooperation with each other and sharing of all information obtained in
connection with the tasks defined herein;
B. Full disclosure of activities and dealings with third parties;
C. Accomplishment of tasks in a timely manner; and
D.
Avoidance of cost duplications.
2
E. Pursuit of common goals. .
F. Adherence to the general development guide illustrated by the Vento Plan.
4.0 Maior Tasks. The fol1owing major tasks shal1 be undertaken and completed by
the parties during the term ofthis Interim Agreement or any extension thereof.
A. Negotiated or Legislative Transfer ofthe AH Redevelopment Area.
1. Developer Obligations. Developer shal1 accomplish the following
tasks :
a. Coordinate meetings between the City and GSA regarding
negotiation of a non-competitive land transfer agreement.
b. Coordinate the negotiations of the parties with the United
States Department of Defense, Department of the Army
("Army") to minimize the institutional controls and deed
restrictions which would be incompatible with the City's
proposed Comprehensive Plan Amendment.
c. Coordinate the negotiations of the parties with the Minnesota .
Army National Guard to meet their needs efficiently and
economical1y.
d. Formulate and implement strategy to ensure support of
Minnesota's Congressional Delegation.
e. Advise the City of the status of al1 negotiations with various
agencies and parties through regular progress reports.
2. City Oblie:ations. The City shall accomplish the fol1owing tasks:
a. Participate in negotiations and review and comment on any
proposed agreements.
b. Advise the Developer of the status of all negotiations with
various agencies and parties through regular progress reports.
B. Environmental Analvsis of the AH Redevelopment Area.
1. Developer Oblie:ations. Developer shal1 accomplish the fol1owing .
tasks:
3
.
a.
Coordinate negotiations with state and federal regulators to
determine remediation standards which are acceptable to the
parties.
b. Ascertain the status of the Army's remediation efforts and
coordinate negotiations with the Army for the transfer of
remediation responsibility if deemed necessary or appropriate
by the parties.
c. Compile feasibility study encompassing environmental,
demolition, infrastructure, market and open space issues.
d. Work with insurance carriers to manage environmental risks
and costs through specific pollution liability policies, and in a
manner that does not expose the City to future environmental
clean-up costs.
e. Coordinate financial arrangements and insurance liability to
maximize financing feasibility for redevelopment.
.
2.
City Oblhmtions. City shall provide Developer with environmental
data which City has for the AH Redevelopment Area or which may
be developed as part of the preparation of the City's Comprehensive
Plan Amendment and Infrastructure Plan.
C. Preparation of Land Use and Infrastructure Plan.
1. Developer Oblil!:ations. Developer shall accomplish the following
tasks:
a. Collect and analyze site data including:
(1) TCAAP Site information sources to identify existing
conditions.
(2) Building inspection and infrastructure systems
surveys, including location, verification, inventory,
and TCAAP Site condition evaluations.
(3)
Research and field investigation results to identify
system conditions, capacities and constraining
.
4
D.
elements of infrastructure as well as possible
opportunities for expanded service.
.
b. Review and Comment. Review and comment on drafts of
the City's Comprehensive Plan Amendment and
Infrastructure Plans as well as the City's economic impact
study relative to possible infrastructure financing.
2. City Obli!mtions. The City shall accomplish the following tasks:
a. Planninl!: Consnltant. City shall prepare an RFQ and retain a
planning consultant who shall prepare a Comprehensive Plan
Amendment and Infrastructure Plan for the AH
Redevelopment Area to include the following elements:
(1) Zoning Ordinance, Design Guidelines, and related
regulatory changes to ensure implementation of the
Comprehensive Plan Amendment.
(2) Transportation analysis and study.
(3)
.
Preliminary layout of infrastructure (street, sewer,
water, and storm water).
b. Financial Consultant. Retain financial consultant to provide
an economic impact study for the construction and payment
of public infrastructure improvements for the AH
Redevelopment Area.
c. Comprehensive Plan Amendment. Submit Comprehensive
Plan Amendment to Metropolitan Council for review and
approval.
d. Public Input. Retain the University of Minnesota Design
Center for the American Urban Landscape to conduct
community meetings regarding the reuse of the AH
Redevelopment Area.
e. Analvtical Data. Review and comment on data collected and
analyzed by Developer.
Disposition and Development Al!:reement.
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5
.
.
.
1.
Exclusive Ril!ht to Nel!otiate. During the term of this Interim
Agreement, Developer shall have the exclusive right to negotiate
with the City regarding the acquisition and development of the AH
Redevelopment Area or any portion thereof. City shall not solicit or
entertain bids or proposals from third parties in regard to disposition
and development of any portion of the AH Redevelopment Area
without prior written consent of the Developer.
2. Rel!ular Meetinl!s. The parties shall conduct regularly scheduled
meetings until the initial draft of the DDA is prepared and
subsequent meetings as necessary to incorporate data obtained
during the environmental analysis of the AH Redevelopment Area
and the preparation of the City's Comprehensive Plan Amendment
and Infrastructure Plans.
5.0 Access for Environmental Survey. Subject to receipt of approval from the
Federal Government and the Minnesota Army National Guard, and subject to
compliance with the following terms and conditions, Developer shall have the
right to enter the AH Redevelopment Area for the purposes of inspections and
tests:
A.
Developer shall pay for all testing, inspections, studies, or surveys of the
AH Redevelopment Area. Developer shall keep the AH Redevelopment
Area free and clear of all liens and shall repair any damage to the AH
Redevelopment Area that is caused by or in any way connected with said
tests, inspections, studies, or surveys.
B. Developer shall submit to the City a list of persons and businesses who
shall work on the AH Redevelopment Area.
C. Developer shall be responsible for initiating, maintaining, and supervising
all safety precautions and programs in connection with any testing work on
the AH Redevelopment Area as required by the federal government or the
City.
D. Developer shall give all notices and comply with all applicable laws,
ordinances, rules, regulations, and lawful orders of any public authority
bearing on the safety of persons or property or their protection from
damages, injury or loss.
E.
Developer shall indemnify and hold the City harmless for any damages
caused by Developer's entry onto the AH Redevelopment Area. Developer
6
shall provide City with a Certificate of Insurance indicating that Developer .
is insured for such risks.
F. Comply with other obligations for the AH Redevelopment Area access as
may be imposed by the federal government.
6.0 City Costs. Subject to the provisions of Section 6.0.(C), Developer shall
reimburse the City for all costs which the City incurs during the term of this
Interim Agreement in the discharge of the duties hereby imposed on the City
including, but not limited to, engineering, legal, and planning consultants; and
administrative time and expenses incurred by the City; and where deemed
appropriate by the City Council, travel incurred by City Officials occasioned by
attending meetings with third parties at Developer's request (all herein
"Reimbursable Expenses"). The City's estimated budget for reimbursable
expenses and billing rates is attached as Exhibit C. Changes to estimated budgets
shall be approved by the Developer and the City Administrator.
A.
Restricted Account. Upon execution of this Interim Agreement,
Developer shall deposit $100,000 with City which shall be placed in a
restricted account and may only be used by City for reimbursable expenses.
Prior to making a draw on a restricted account, City shall notify Developer.
The notice shall include a documentation of costs incurred. Each time the
balance in the restricted account drops below $50,000, Developer shall
deposit an additional $50,000.
.
B. Avoidance of Duplication. City agrees to keep Developer apprised of the
type of reimbursable expenses which are being incurred so that each party
can attempt to avoid a duplication of services and expenses; provided that,
the City, in its sole discretion, may determine which reimbursable costs are
necessary for the City to incur in order to satisfy its obligations pursuant to
the terms of this Interim Agreement.
C. Developer Reimbursement. If this Interim Agreement is terminated by
the City pursuant to the provisions of Section 8.0.(B)(1) and (2), and the
City, within three (3) years of such termination, selects another non-
governmental or private sector entity to plan, evaluate or develop all or a
major portion of the AH Redevelopment Area, the City shall reimburse the
Developer for the planning consultant costs which had been paid to the City
as part of the reimbursable expenses identified in Section 6.0.
7.0
Limitations. This Interim Agreement does not constitute a disposition of property
or any waiver of the exercise of control by the City. Execution of this Interim
Agreement by the City is merely an agreement to enter into a period of exclusive
.
7
.
.
.
8.0
negotiations according to the terms hereof, reserving discretion of final approval to
the City as to any Disposition and Development Agreement and all proceedings
and decisions in connection therewith. The City and Developer understand that
the property in question is currently ownt<d by the United States Government and
that the purpose of this Interim Agreement is to assist in negotiations with said
Government to have the site conveyed to the City on terms and conditions
favorable to the City and for the purposes outlined in this Interim Agreement or as
may be described in a final Disposition and Development Agreement.
Term of A2reement. This Interim Agreement shall become effective upon
execution by City and Developer ("Commencement Date") and shall terminate in
twenty-four (24) months from such Commencement Date unless terminated at an
earlier date as hereinafter provided, or extended by mutual consent of the parties:
A. Developer Non-feasibility Determination. If at any time the Developer
determines that the development of the AH Redevelopment Area is not
feasible for any of the following reasons, Developer can terminate this
Interim Agreement in its sole discretion:
1.
Inability to negotiate with government agencies under economical
terms for the disposition and remediation of the AH Redevelopment
Area.
2. Discovery of environmental conditions not currently anticipated and
remediation costs associated therewith which would make the
development not economically feasible.
3. Failure of the City to adopt a Comprehensive Plan Amendment
consistent with the Vento Plan for the AH Redevelopment Area.
4. Determination that private development of the AH Redevelopment
Area by Developer is not feasible.
5. Failure to secure governmental approvals which would allow
environmental remediation and redevelopment to occur.
6. Failure of Developer and City to agree to proceed with each step of
the proposed planning process, as outlined on Exhibit D attached
hereto.
8
B.
City Best Interest Determination. If, at any time, the City determines that
it is not in the best interest of the City to obtain the AH Redevelopment
Area for any of the following reasons, City can terminate this Interim
Agreement in its sole discretion:
.
1. A proposal to transfer property in a manner that would expose the
City to unacceptable environmental remediation risks.
2. Failure of Developer to propose a land development plan consistent
with the Vento Plan for the AH Redevelopment Area and the City's
Comprehensive Plan Amendment.
3. Failure of City and Developer to agree to proceed with each step of
the proposed planning process, as outlined on Exhibit D attached
hereto.
C.
Default. If Developer fails to perform its obligations under Section 6.0, the
City may serve Notice of Default upon the Developer, by certified mail,
return receipt requested. The Developer shall have thirty (30) days from
the date of the Notice of Default to cure the default or the City may
terminate this Interim Agreement. Termination for default pursuant to this
section shall not obligate the City to make reimbursements pursuant to
Section 6.0.(C).
.
9.0 Notice and Correspondence. Any notice required to be given to either party
shall be in writing and deemed given if personally delivered upon the other party;
or if deposited in the United States mail and sent certified mail, return receipt
requested, postage prepaid and addressed to the other party at the address set forth
below; or if sent via facsimile transmission during normal business hours to the
party to which notice is given at the telephone number listed for fax transmission.
A. Developer. Notices to Developer shall be addressed to the parties:
I. Bart Rehbein
President
Glenn Rehbein Companies
8651 Naples Street, N.E.
Blaine, Minnesota 55449
2.
Kent M. Carlson
Vice President of Development
Ryan Companies US, Inc.
50 South Tenth Street, Suite 300
.
9
.
.
.
Minneapolis, Minnesota 55403-2012
3.
Daniel A. Blake
Centex Homes
12400 White Water Drive, Suite 120
Minnetonka, Minnesota 55343
C. City. Notices to the City shall be addressed to the following party:
1. Mr. Joseph Lynch
City Administrator
City of Arden Hills
1245 West Highway 96
Arden Hills, Minnesota 55112
10.0 Entire Agreement. This Interim Agreement contains the entire agreement of the
parties with respect to the matters covered by this Interim Agreement and no other
statement or representation by any employee, officer or agent of any party, which
is not contained in this Interim Agreement, shall be binding or valid.
1 I .0 Modification. This Interim Agreement is not subject to modification except in
writing.
12.0 Interpretation. This Interim Agreement has been negotiated by and between the
representatives of both parties, all persons knowledgeable in the subject matter of
this Interim Agreement, and each party had the opportunity to have the Interim
Agrcement reviewed and drafted by their respective legal counsel. Accordingly,
any rule of law or legal decision that would require interpretation of any
ambiguities in this Interim Agreement against the party that has drafted it is not
applicable and is waived. The provisions of this Interim Agreement shall be
interpreted in a reasonable manner to effect the purpose of the parties and this
Interim Agreement.
13.0 Captions. Titles or captions of sections and paragraphs contained in this Interim
Agreement are inserted only as a matter of convenience and for reference, and in
no way define, limit, extend or describe the scope of this Interim Agreement or the
intent of any provisions.
14.0 Relationship of Parties. Nothing in this Interim Agreement shall create a joint
venture, partnership, or principal-agent relationship between the parties.
15.0 Waiver. No waiver of any right or obligation of either party hereto shall be
effective unless in a writing, specifying such waiver, executed by the party against
10
whom such waiver is sought to be enforced. A waiver by either party of any of its .
rights under this Interim Agreement on any occasion shall not be a bar to the
exercise of the same right on any subsequent occasion or of any other right at the
time.
16.0 Counterparts. This Interim Agreement may be executed in two counterparts,
each of which shall be deemed an original, but both of which shall be deemed to
constitute one and the same instrument.
17.0 Attorney's Fees. In the event of any controversy, claim or dispute relating to this
Interim Agreement, or the breach or interpretation thereof, each party shall bear its
own costs.
18.0 Further Assurances. The parties each agree to make, execute and deliver such
other documents, and to undertake such other and further acts, as may be
reasonably necessary to carry out the intent of this Interim Agreement.
19.0 Exhibits. The following listed exhibits are attached hereto and incorporated
herein.
A.
Exhibit A - Vento Plan.
.
B. Exhibit B - AH Redevelopment Area.
C. Exhibit C - City Budget.
D. Exhibit D - Proposed Planning Process.
20.0 Time of Essence. Time is hereby declared to be of the essence of this Interim
Agreement and each and every provision hereto.
21.0 Non-Assi2nabilitv. Developer may not assign their interests in this Interim
Agreement without consent of the City, which shall not be unreasonably withheld.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURES BEGIN ON FOLLOWING PAGE]
.
11
.
.
.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and
year first above written.
DEVELOPER: CRR,LLC
A MINNESOTA LIMITED LIABILITY
COMPANY
By
STATE OF MINNESOTA)
COUNTY OF
)ss
)
On this _ day of , before me, a Notary Public
within and for said county, personally appeared , a , and
executed the foregoing instrument and acknowledged that he executed the same by
authority of and on behalf of CRR, LLC.
Notary Public
CITY OF ARDEN HILLS
Dennis Probst
Mayor
Joseph Lynch
City Administrator
STATE OF MINNESOTA)
COUNTY OF
)ss
)
On this _ day of , , before me, a Notary Public within
and for said county, personally appeared Dennis Probst and Joseph Lynch, to me known
to be the Mayor and City Administrator, for the City of Arden Hills and they executed the
foregoing instrument and acknowledged that the instrument was executed by authority of
and on behalf of the City of Arden Hills.
Notary Public
F:\users\LORNerry\Arden HilIs\Tcaap\TCAAP.Interim.Agr.. Draft #6.wpd
August 15, 2002 (5:05PM)
12
Exhibit A
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Vento Reuse Plan
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Exhibit C
City of Arden Hills
TCAAP Reuse Project Team
Interim Development Agreement Budget
Firm Services Estimated Fees
Local Project Team Meetings 16,200
Briggs & Morgan Disposition negotiations 7,500
Development agreement 25,500
General support 11,025
Ehlers & Associates Financial impact analysis 8,750
Funding option analysis 3,500
Project financial feasibility analysis 7,000
Larkin, Hoffman, Government Affairs
Daly & Lindgren Assist with approvals for transfer process. 60,000
Real Estate and Environmental legal issues
Peterson, Fram, Coordination of City legal issues including 21,060
Bergman contracts, land use.
Local Project Team Meetings 5,280
Infrastructure Design Review/Data 7,320
URS,Inc Transportation Plan Design Review 10,240
Environmental Process Review 9,480
Cost Estimate Review 9,280
DSU Comprehensive Planning Process 408,777
Arden Hills Staff Staff time relative to TCAAP Review 49,920
Time
Total $660,832
Exhibit D
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DRAFT#J~
INTERIM AGREEMENT
1.0 Parties. THIS INTERIM AGREEMENT is dated the day of
, 2002, and is entered into by and between the City of Arden Hills, a Minnesota statutory
city (herein "City") and CRR, LLC, a Minnesota limited liability company
("Developer").
2.0 Recitals.
A. WHEREAS, the City anticipates receiving frornTwin City Armv
Ammunition Plant ("TCAAP Site") is located in Ramsev County and
lYitbin the comorate boundaries of the City:
B.
WHEREAS. are-utilization Dlan for the TCAAP Site has been
DreDared: !!enerally illustrates a maior area of continuin!! control and
use bv the Minnesota Armv National Guard. an area for ODen soace
and recreational use. and an area for residential and commercial use:
and is commonly known as the "Vento Plan" which is attached hereto
as Exhibit A:
C. WHEREAS. the U.S. DeDartment ofthe Armv has determined that
aDDroximatelv 774 acres (the "Excess Area") of the TCAAP Site are no
lon!!er necessarY for U.S. Armv Dumoses. and has reDorted to the
General Services Administration ("GSA") a conveyanee of approximately
771 acres of the former Twin Cities Army "\mmuBition Plant ("TC-\.."..P
Site") whieh isthat the Excess Area is available for distribution:
D. WHEREAS, the City anticiDates that 661 acres of the Excess Area will
be conveyed to the Citv (" AH Redevelooment Area"). and that 113
acres of the Excess Area will be conveyed to Ramsev County ("Rice
Creek Corridor Area"). as more particularly described or ilmstrated on
Exhibit "A. attached;
B. "'HEREl.S, the City desires to ha'le the TCl.f.P Site developed as a
mixed \lse open space, recreational, eommereiaI, residential and
professional development ("Projeet") generally consistent with this portion
of the Vento Plan, attached as Exhibit B ("TC"..AP Utilization Plan");
C.
E.
WHEREAS, on Exhibit B attached hereto:
WHEREAS. the parties agree that the TC^~\P Utilization Plan
providesAH RedeveloDment Area will be develooed oursuant to the
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Vento Plan. but acknowledl!:e that the Vento Plan is a broad framework .
for the Projeet and that modificatioo of the TCL'\P Utilization Plan may be
necessary or appropriate due to eeenomie, environmeHtal, or other factors;
l}develonment which may need to he refined when the environmental
remediation analysis for the AH Redevelonment Area. and nossiblv adjoining
areas. is comnleted:
F. WHEREAS, the narties al!"ree that the westerlv 276 acres of the area
under the use and control of the Minnesota Armv National Guard
C'Minnesota Guard Area") should be considered when adontinl!: a land
use nlan and an infrastructure Dlan for the AH Redevelonment Area
even thoUl!:h the Minnesota Armv National Guard will continue to use
and control the Minnesota Guard Area for an indefinite neriod of time:
G. WHEREAS, the City has selected the Developer to be the Master
Developer for the eOflstruetioHredeveloDment of the Projeet on the
TCL'\P SiteAH RedeveloDment Area subject to the negotiationterms and
exeeutioflconditions of a Disposition and Development Agreement
("DDA");
EH. WHEREAS, Developer, at its sole cost and expense, has agreed to assist
the City in obtaining a transfer of the TC.^J.P 8iteAH RedeveloDment
Area from the GSA and to undertake an extensive environmental analysis
of the TC^~'\P 8iteAH Redevelonment Area in order to determine if it is
economically feasible to oonstruet the Projeet on the TC^~'\P 8itenroceed
with environmental remediation and redeveIonment; and
.
Fl WHEREAS, the parties wish to enter into an Interim Agreement which
describes the obligations of the parties relating to the transfer of the
TC/JJ' SiteAH RedeveloDment Area, the environmental survey and
analysis of the TC^~'\P 8iteAH Redevelonment Area, the preparation of a
DDA which would become effective upon transfer of the TC'\.'\P 8iteAH
Redevelonment Area to the City and the preparation of an Amendment to
the City's Comprehensive Land Use Plan for the TC'\.^.P 8iteAH
Redevelonment Area ("Comprehensive Plan Amendment").
NOW, THEREFORE, in reliance upon and in consideration of the mutual undertakings
herein expressed, City and Developer agree to the following terms and conditions:
3.0
Guidilll! Princinles. The parties acknowledge that the transfer of the TC^J.P
8iteAH Redevelonment Area; the environmental survey of the TCL^.P SiteA!!
Redevelonment Area; the preparation of a land use and infrastructure plan; and
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the negotiation of the DDA will be a complex and expensiYe undertaking which
will require the cooperation of the parties and the coordination of activities in
order to achieve common goals in a cost effective manner. Therefore, the parties
agree that throughout the term of this Interim Agreement, their conduct will be
governed by the following general principles:
A. Cooperation with each other and sbarin!! of all information obtained in
connection witb tbe tasks defined berein;
B. Full disclosure of activities and dealings with third parties;
C. Accomplishment of tasks in a timely manner; and
D. Avoidance of cost duplications.
E. Pursuanit of common goals and diselosllre, where it apflears that goals are
no IORger in common.
F. Share all infaffilEltion obtained in CORRection with the tasks defined
herein,
F.
Adberence to tbe !!eneral develooment !!uide illnstrated bv tbe Vento
Plan.
4.0 Maior Tasks. =The following major tasks shall be undertaken and completed by
the parties during the term of this Interim Agreement or any extension thereof.
A. Negotiated or Legislative Transfer of TCAAP ~;netbe AH
Redevelooment Area.
1. Developer Obligations. Developer shall accomplish the following
tasks:
a. Coordinate meetings between the City and GSA regarding
negotiation of a non-competitive land transfer agreement.
b. Coordinate the negotiations of the parties with the United
States Department of Defense, Department of the Army
("Army") to minimize the institutional controls and deed
restrictions which would be incompatible with the City's
proposed Comprehensive Plan Amendment.
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B.
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c.
Coordinate the negotiations of the parties with the Minnesota
Army National Guard to meet their needs efficiently and
economically.
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d. Formulate and implement strategy to ensure support of
Minnesota's Congressional Delegation.
e. Advise the City of the status of all negotiations with various
agencies and parties through regular progress reports.
2. City Obli!mtions. The City shall accomplish the following tasks:
a. Participate in negotiations and review and comment,-in--a
timely manner, on agreements proposed as a result of the
cOlnflletion of Dovoloper Obligations pHfSliant to Hl(}.)(l)
on anv nronosed al!reements.
b. Advise the Developer of the status of all negotiations with
various agencies and parties through regular progress reports.
Environmental Analvsis of TCA.AP Sitethe AH Redevelonment Area.
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1. Developer Obli!mtions. Developer shall accomplish the following
tasks:
a. Coordinate negotiations with state and federal regulators to
determine remediation standards which are acceptable to the
parties.
b. Ascertain the status of the Army's remediation efforts and
coordinate negotiations with the Army for the transfer of
remediation responsibility if deemed necessary or appropriate
by the parties.
c. Compile feasibility study encompassing environmental,
demolition, infrastructure, market and open space issues.
d.
Work with insurance carriers to manage environmental risks
and costs through specific pollution liability policies, and in a
manner that does not expose the City to future environmental
clean-up costs.
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e.
Coordinate financial arrangements and insurance liability to
maximize financing feasibility for redevelopment.
2. City Oblil!:ations. City shall provide Developer with environmental
data which City has for the TCA~ ^.P SiteAH Redevelonment Area
or which may be developed as part of the preparation of the City's
Comprehensive Plan Amendment and Infrastructure Plan.
C. Preparation of Land Use and Infrastructure Plan.
1. Developer Oblil!:ations. Developer shall accomplish the following
tasks:
a. Collect and analyze site data including:
(1) Reyie',y of OR baseTCAAP Site information sources to
identify existing conditions.
(2)
Perf-orm bBuilding inspection, and infrastructure
systems surveys. including location. verification,
inventory, and TCAAP Site condition evaluation~.
(3) Eyaluate the rResearch and field investigation results
to identify system conditions, capacities and
constraining elements of infrastructure as well as
possible opportunities for expanded service.
b. Review and Comment. Review and comment on drafts of
the City's Comprehensive Plan Amendment and
Infrastructure Plans as well as the City's economic impact
study relative to possible infrastructure financing.
2. City Oblil!:ations. The City shall accomplish the following tasks:
a. Planninl!: Consultant. City shall prepare an RFQ and retain a
planning consultant who shall prepare a Comprehensive Plan
Amendment and Infrastructure Plan for the TCAf.P SiteAH
Redevelonment Area to include the following elements:
(1) Zoning Ordinance, Design Guidelines, and related
regulatory changes to ensure implementation of the
Comprehensive Plan Amendment.
(2)
Transportation analysis and study.
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(3)
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Preliminary layout of infrastructure (street, sewer,
water, and storm water).
b. Financial Consultant. Retain financial consultant to provide
an economic impact study for the construction and payment
of public infrastructure improvements for the TCLAJ> SheAl!:
Redevelonment Area.
c. Comnrehensive Plan Amendment. Submit Comprehensive
Plan Amendment to Metropolitan Council for review and
approval.
d. Public Innut. Retain the University of Minnesota Design
Center for the American Urban Landscape to conduct
community meetings regarding the reuse of the TC\.AJ>
SiteAH Redevelonment Area.
e. Analvtical Data. Review and comment on data collected and
analyzed by Developer.
D.
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Disposition and Development Al!reement.
1. Exclusive Ril!ht to Nel!otiate. During the term of this Interim
Agreement, Developer shall have the exclusive right to negotiate
with the City regarding the acquisition and development of the
TC^v\P SitoAH Redevelonmeut Area or any portion thereof. City
shall not solicit or entertain bids or proposals from third parties in
regard to disposition and development of any portion of the TCI.AP
SiteAH Redevelonment Area without prior written consent of the
Developer.
2.
Developer PartieipatioH. The parties aRtioipate that ooring the term
of this Interim Agreement, communieations and negotiations with
the "^J1'IT)', GSA, IlRd other third parties may take place concerning
the acquisition of the TC\AP Site and necessary appF6yals for any
proposed project. Developer shall be entitled to partieipate in sHch
discllssions llnless any said third party objects to the participation by
the Developer; or it is legally inappropriate f0r the De'/elOfler to
participate in the disCllSsions or negotiations takiHg place in a
closed session of a Pllblic agency.
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Rel!:ular Meetinl!:s. The parties shall conduct regularly scheduled
meetings until the initial draft of the DDA is prepared and
subsequent meetings as necessary to incorporate data obtained
during the environmental analysis of the TCA:'.}' SiteAH
RedeveloDment Area and the preparation of the City's
Comprehensive Plan Amendment and Infrastructure Plans.
5.0 Access to TC".AP Site. for Environmental Survey. Subiect to receiDt of
aDDroval from the Federal Government and the Minnesota Armv National
Guard. and subiect to comDliance with the followini! terms and conditions.
Developer shall have the right to enter TC"..:'.P Sitethe AH RedeveloDment Area
for the purposes of conducting inspections and tests following cool'dinatioH with
and approval from the federal go'remmeRt, sab-ject to the following terms Elfld
conditions:
A. Developer shall pay for all testing, inspections, studies, or surveys of the
sfteAH RedeveloDment Area. Developer shall keep the sfteAH
RedeveloDment Area free and clear of all liens and shall repair any
damage to the sfteAH RedeveloDment Area that is caused by or in any
way connected with said tests, inspections, studies, or surveys.
B.
Developer shall submit to the City a list of persons and businesses who
shall work on the sfteAH RedeveloDment Area.
C. Developer shall be responsible for initiating, maintaining, and supervising
all safety precautions and programs in connection with any testing work on
the sfteAH RedeveloDment Area as required by the federal government or
the City.
D. Developer shall give all notices and comply with all applicable laws,
ordinances, rules, regulations, and lawful orders of any public authority
bearing on the safety of persons or property or their protection from
damages, injury or loss.
E. Developer shall indemnifY and hold the City harmless for any damages
caused by Developer's entry onto the TCL".}' SiteAH RedeveloDment
Area. Developer shall provide City with a Certificate ofInsurance
indicating that Developer is insured for such risks.
F. Comply with other obligations for TCAAP Sitethe AH RedeveloDment
Area access as may be imposed by the federal government.
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6.0 Ce~t ReimbursementCity Costs. :fSubiect to the orovisions of Section 6.0.(C), .
Developer shall reimburse the City for all costs which the City incurs during the
term of this Interim Agreement in the discharge of the duties hereby imposed on
the City including, but not limited to, engineering, legal, and planning consultants;
and administrative time and expenses incurred by the City; and where deemed
appropriate by the City Council, travel incurred by City Officials occasioned by
attending meetings with third parties at Developer's request (all herein
"Reimbursable Expenses"). The City's estimated budget for reimbursable
expenses and billing rates is attached as Exhibit C. Changes to estimated budgets
shall be approved by the Developer and the City Administrator.
A. Restricted Account. Upon execution of this Interim Agreement,
Developer shall deposit $100,000 with City which shall be placed in a
restricted account and may only be used by City for reimbursable expenses.
Prior to making a draw on a restricted account, City shall notifY Developer.
The notice shall include a documentation of costs incurred. Each time the
balance in the restricted account drops below $50,000, Developer shall
deposit an additional $50,000.
B.
Avoidance of Duolication. City agrees to keep Developer apprised of the
type of reimbursable expenses which are being incurred so that each party
can attempt to avoid a duplication of services and expenses; provided that,
the City, in its sole discretion, may determine which reimbursable costs are
necessary for the City to incur in order to satisfy its obligations pursuant to
the terms of this Interim Agreement.
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C. Develooer Reimbursement. If this Interim A!!reement is terminated by
the City oursuant to the orovisions of Section 8.0.(8)(1) and (2). and
the City. within three (3) vears ofsuch termination. selects another
non-!!overnmental or Drivate sector entity to olan. evaluate or develop
all or a maior Dortion of the AD RedeveloDment Area. the City shall
reimburse the DeveloDer for the Dlannin!! consultant costs which had
been Daid to the City as Dart of the reimbursable eXDenses identified in
Section 6.0.
7.0 Limitations. This Interim Agreement does not constitute a disposition of property
or any waiver of the exercise of control by the City. Execution of this Interim
Agreement by the City is merely an agreement to enter into a period of exclusive
negotiations according to the terms hereof, reserving discretion of final approval to
the City as to any Disposition and Development Agreement and all proceedings
and decisions in connection therewith. The City and Developer understand that .
the property in question is currently owned by the United States Government and
that the purpose of this Interim Agreement is to assist in negotiations with said
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8.0
Government to have the site conveyed to the City on terms and conditions
favorable to the City and for the purposes outlined in this Interim Agreement or as
may be described in a final Disposition and Development Agreement.
Term of Al!:reement. This Interim Agreement shall become effective upon
execution by City and Developer ("Commencement Date") and shall terminate in
twenty-four (24) months from such Commencement Date unless terminated at an
earlier date as hereinafter provided, or extended by mutual consent of the parties:
A. Developer Non-feasibility Determination. If at any time the Developer
determines that the development of the Tc'^J.P SiteAH RedeveloDment
Area is not feasible for any of the following reasons, Developer can
terminate this Interim Agreement in its sole discretion:
1. Inability to negotiate with government agencies under economical
terms for the disposition and remediation of the TCf..\P SiteAH
RedeveloDment Area.
2.
Discovery of environmental conditions not currently anticipated and
remediation costs associated therewith which would make the
development not economically feasible.
3. Failure of the City to adopt a Comprehensive Plan Amendment
consistent with the Tc'^.i\P UtilizatioR Plan.
1. Determine pursuant to the f-easibility GIDdies deseribed in Section
1.0.Bo1.e.Vento Plan for the AH RedeveIoDment Area.
4. Determination that private development of the TC"^..\P SiteAH
RedeveloDment Area by-the Developer is not feasible.
5. Failure to secure governmental approvals which would allow the
Project to proeeed. environmental remediation and
redevelonment to occur.
6. Failure of DeveloDer and City to al!ree to Droceed with each step
of the Dronosed planninl! Drocess. as outlined on Exhibit D
attached hereto.
B.
City Best Interest Determination. If, at any time, the City determines that
it is not in the best interest ofthe City to obtain the TC^",\P SiteAH
Redevelonment Area for any of the following reasons, City can terminate
this Interim Agreement in its sole discretion:
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1.
A proposal to transfer property in a manner that would expose the
City to unacceptable environmental remediation risks.
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2. Failure of Developer to propose a land development plan consistent
with the TCI.:\P UtilizationVento Plan for the AD Redevelooment
Area and the City's Comprehensive Plan Amendment.
3. Failure of City and Develooer to al!ree to oroceed ",!!h each step
of the orooosed plaoninl! orocess. as outlined on Exhibit D
attached hereto.
C. Default. If Developer fails to perform its obligations under Section 6.0, the
City may serve Notice of Default upon the Developer, by certified mail,
return receipt requested. The Developer shall have thirty (30) days from
the date of the Notice of Default to cure the default or the City may
terminate this Interim Agreement.
9.0
Data aDd Reports. Developer ~Hall provide City with eopies of tHe reports lIHd
studies as identified on Exflibit D. If this Interim f.greement is terminated, the
City may retain SUCH data and reports Uflon payment of $ to tHe
Developor.
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10.0 Termination for default oursuant to this section shall not oblit!"ate the City to
make reimbursements oursuant to Section 6.0.(C).
9.0 Notice and Correspondence. Any notice required to be given to either party
shall be in writing and deemed given if personally delivered upon the other party;
or if deposited in the United States mail and sent certified mail, return receipt
requested, postage prepaid and addressed to the other party at the address set forth
below; or if sent via facsimile transmission during normal business hours to the
party to which notice is given at the telephone number listed for fax transmission.
A. Developer. Notices to Developer shall be addressed to the parties:
1. Bart Rehbein
President
Glenn Rehbein Companies
8651 Naples Street, N.E.
Blaine, Minnesota 55449
2.
Kent M. Carlson
Vice President of Development
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Ryan Companies US, Inc.
50 South Tenth Street, Suite 300
Minneapolis, Minnesota 55403-2012
3.
Daniel A. Blake
Centex Homes
12400 White Water Drive, Suite 120
Minnetonka, Minnesota 55343
B. City. Notices to the City shall be addressed to the following party:
1. Mr. Joseph Lynch
City Administrator
City of Arden Hills
1245 West Highway 96
Arden Hills, Minnesota 55112
HQ.O Entire Al!:reement. This Interim Agreement contains the entire agreement of the
parties with respect to the matters covered by this Interim Agreement and no other
statement or representation by any employee, officer or agent of any party, which
is not contained in this Interim Agreement, shall be binding or valid.
H10 Modification. This Interim Agreement is not subject to modification except in
writing.
Bl.0 Interpretation. This Interim Agreement has been negotiated by and between the
representatives of both parties, all persons knowledgeable in the subject matter of
this Interim Agreement, and each party had the opportunity to have the Interim
Agreement reviewed and drafted by their respective legal counsel. Accordingly,
any rule oflaw or legal decision that would require interpretation of any
ambiguities in this Interim Agreement against the party that has drafted it is not
applicable and is waived. The provisions of this Interim Agreement shall be
interpreted in a reasonable manner to effect the purpose of the parties and this
Interim Agreement.
14;},.0 Captions. Titles or captions of sections and paragraphs contained in this Interim
Agreement are inserted only as a matter of convenience and for reference, and in
no way define, limit, extend or describe the scope of this Interim Agreement or the
intent of any provisions.
1~~.0 Relationship of Parties. Nothing in this Interim Agreement shall create a joint
venture, partnership, or principal-agent relationship between the parties.
11
16~.0 Waiver. No waiver of any right or obligation of either party hereto shall be .
effective unless in a writing, specifying such waiver, executed by the party against
whom such waiver is sought to be enforced. A waiver by either party of any of its
rights under this Interim Agreement on any occasion shall not be a bar to the
exercise of the same right on any subsequent occasion or of any other right at the
time.
1 ~.O Countervarts. This Interim Agreement may be executed in two counterparts,
each of which shall be deemed an original, but both of which shall be deemed to
constitute one and the same instrument.
1 &1.0 Attornev's Fees. In the event of any controversy, claim or dispute relating to this
Interim Agreement, or the breach or interpretation thereof, each party shall bear its
own costs.
19,1i.0 Further Assurances. The parties each agree to make, execute and deliver such
other documents, and to undertake such other and further acts, as may be
reasonably necessary to carry out the intent of this Interim Agreement.
;W19.0Exhibits. The following listed exhibits are attached hereto and incorporated
herein.
"\. Exhibit /\ TC^~^.P Site.
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A. Exhibit RA - Vento Plan.
B. Exhibit B - AH Redevelonment Area.
C. Exhibit C - City Budget.
D. Exhibit D - Data and ReportsPronosed Planninl! Process.
2+,2.0 Time aDd BeDefitofEssence. Time is hereby declared to be of the essence of this
Interim Agreement and each and every provision hereto. +
21.0 Non-Assilmabilitv. Develoner may not assil!n their interests in this Interim
Agreement shall iRure to the benefit of the parties, their heirs, trustee,
represefltatives, administrators, saccessors and assigns. without consent of the
City. which shall not be unreasonablv withheld.
[REMAINDER OF P AGE INTENTIONALLY LEFT BLANK
SIGNATURES BEGIN ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have hereunto set their hands the day and
year first above written.
DEVELOPER: CRR, LLC
A MINNESOTA LIMITED LIABILITY
COMPANY
By
STATE OF MINNESOTA)
COUNTY OF
)ss
)
On this _ day of , before me, a Notary Public
within and for said county, personally appeared , a , and
executed the foregoing instrument and acknowledged that he executed the same by
authority of and on behalf of CRR, LLC.
Notary Public
CITY OF ARDEN HILLS
Dennis Probst
Mayor
Joseph Lynch
City Administrator
STATE OF MINNESOTA)
COUNTY OF
)ss
)
On this _ day of " before me, a Notary Public within
and for said county, personally appeared Dennis Probst and Joseph Lynch, to me known
to be the Mayor and City Administrator, for the City of Arden Hills and they executed the
foregoing instrument and acknowledged that the instrument was executed by authority of
and on behalf of the City of Arden Hills.
Notary Public
13
F:\users\LORI\Jeny\Arden HiIls\TCAAP\Blackline.txt
August 15, 2002 (5:05PM)
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City of Arden Hills
TCAAP Reuse Project Team
Interim Agreement Budget
Firm Services Estimated Fees
Local Project Team Meetings 16,200
Briggs & Morgan Disposition negotiations 7,500
Development agreement 25,500
General support 11,025
Ehlers & Associates Financial impact analysis 8,750
Funding option analysis 3,500
Proiect financial feasibility analvsis 7,000
Larkin, Hoffman, Government Affairs
Daly & Lindgren Assist with approvals for transfer process. 60,000
Real Estate and Environmental legal issues
Peterson, Fram, Coordination of City legal issues including 21,060
Bergman contracts, land use.
Local Project Team Meetings 5,280
Infrastructure Design ReviewIData 7,320
URS, Inc Transportation Plan Design Review 10,240
Environmental Process Review 9,480
Cost Estimate Review 9,280
DSU Comprehensive Planning Process 408,777
Arden Hills Staff Staff time relative to TCAAP Review 49,920
Time
Total $660,832
SCOPE OF SERVICES AND FEE ESTIMATE
.
CITY OF ARDEN HILLS - TWIN CITIES ARMY ARSENAL PROJECT
The City has asked Briggs and Morgan, Professional Association to represent the City in
connection with the negotiation and drafting of a Disposition and Development Agreement with
CRR, LLC relating to the approximately 660 acres the City anticipates acquiring from the United
States Army. As we understand it, the City is not asking us to represent the City in connection
with the City's negotiations with the General Services Administration for the acquisition of the
property and is not asking us to assist the City in the preparation and adoption of comprehensive
plan, zoning ordinance and subdivision ordinance amendments related to the development ofthe
TCAAP site, but we believe it wilI be necessary for us to closely monitor those two processes
since they will have significant impacts on the terms of Disposition and Development
Agreement.
Mary Ippel and Tom Bray will be the principal Briggs and Morgan, P.A. attorneys
representing the City in connection with the negotiation and drafting of the Disposition and
Development Agreement. Briggs and Morgan, P.A. will bill for its services on an hourly basis.
Ms. Ippel and Mr. Bray's time will be billed at $300.00 per hour. To the extent deemed
nccessary or appropriate, Ms. Ippel and Mr. Bray may seek assistance from other shareholders
and associates. Shareholder time will be billed at the lower of their internal recovery rates or
$300.00 per hour. Associate time will be billed at $175.00 per hour.
It is our understanding the City's project team will be meeting once a month to discuss
the Project. For purposes of this estimate, we are assuming that only one of use will attend the
meetings and that meetings will last two hours. We are also allocating one hour of preparation
and travel time for each meeting. During a project term of eighteen months this would result in
an estimated 54 hours devoted to the City project team meetings and results in an estimated fee
of$16,200.
.
Ifwe estimate that the negotiation and drafting ofthe "disposition" portion of the
Disposition and Development Agreement will take approximately 25 hours which results in an
estimated fee between $7,500.
At this point in time we have had only very general discussions with the City regarding
the scope of the "development" portion ofthe Disposition and Development Agreement.
Although it is possible to anticipate the general nature of the issues that must be addressed in the
Disposition and Development Agreement, we cannot, at this point, estimate the level of detail
with which the City and CRR, LLC will choose to address those issues. For purposes oftbis
scope of services estimate, we assume we will spend between 75 and 85 hours working on the
"development" portion ofthe Disposition and Development Agreement which would result in
fees between $22,500.00 and $25,500.00. At this point in time, however, we have no "objective"
basis for this estimate.
.
1431431 v3
.
. August 5, 2002
Joseph Lynch, City Manager
City of Arden Hills
1245 W. Highway 96
Arden Hills, MN 55112
RE: SERVICES FOR TCAAP
Dear Mr. Lynch
Thank you very much for the update on the Twin Cities Army Ammunition Planl reuse planning
efforts. Ehlers & Associates will be pleased to provide services related to this planning and
implementation process. Based on our discussion the services may include the following:
. General project support including attending project meetings, support for team
coordination, communications, development activity, meeting with development team as
requested, assistance with legislative issues.
. Evaluation of financial impact of plan design options including projected operating
expenditures/expenses and revenues.
.
. Development of suggested funding options for capital costs related to proposed
development.
. Review of financial feasibility for development options prepared by the development
team and city.
A summary of the estimated costs for a one year project period are as follows:
Activity Estimated Hours Fees
Project meetings/follow up 78 13,650
Financial imoact analysis 50 8,750
Funding options 20 3,500
Financial feasibility analysis 40 7,000
Total 188 32,900
These services will be provided by Mark Ruff and Jim Prosser. Ehlers will commit to
assuring that these individuals will be available for the expected twenty-four month term of
the planning effort. Fees for these services will be billed at an hourly rate of$l75. Ehlers
does not anticipate that these services will require any additional "out of pocket" expenses.
Ehlers would seek City authorization prior to incurring any additional expenses.
Signature:
James Prosser
Date
Signature:
Mark Ruff
Date
.
C:\Documents and Settings\AaronP\Local Settings\Temporary Internet Files\OLKI 09\Proposal.8.05.02.doc
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LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
ATTORNEYS AT LAW
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MINNEAPOliS, MINNESOTA 55431..1194
TELEPHONE (952) 835-3800
FA:;( (952) 896-3333
August 5,2002
Mr. Joseph Lynch
City Administrator
City of Arden Hills
1245 West Highway 96
Arden Hills, Minnesota 55112
.Re:
TCAAP Representation of City of Arden Hills
Dear Joe:
Our firm will represent the City of Arden HiUs, Minnesota in conneetion with a proposal to "excess" the
so-called TCAAP property to the City for redevelopment. Our engagement will be limited to consulting
with the City on government affairs matters relating to the federal government's TCAAP decision process
in order to obtain control of the desired land area in a timely fashion. More specifically, we will assist in
developing support for the City from elected officials at the federal and state levels, including Rep. Betty
McCollum, Sen. Mark Dayton and key state legislative and state agency leaders, as necessary. The
pending election campaign, coupled with legislative redistricting, produces some uncertainty about which
legislative and ageney leaders to engage at this time.
Our services in this matter will be provided on an hourly basis at our normal rates. Chris Dietzen's hourly
rate for 2002 is $300.00 per hour. Peter Coyle's hourly rate for 2002 is $260.00 per hour. These rates are
subject to adjustment periodically. Associate and paralegal rates range from $85.00 per hour to $220.00
per hour. Our projected budget for 2002 is $35,000; for 2003, we projeet a budget of $50,000. The actual
expenditure for legal fees will depend on tasks we undertake in support of the City and its proposed
developers. Weare not including legal work relating to environmental issues in our estimate of fees.
Should we be requested to provide such assistance, we will separately confirm the work with an estimate
of fees. In addition to our legal fees, the City will be responsible for our out-of-pocket costs for items
such as photocopies, couriers, mileage, airfare, hotel, etc. Weare not anticipating out-of-town travel at
this time.
. Thank you for the opportunity to advise the City on this important matter.
LARKIN, HOFFMAN, DALY & LINDGREN, LTD.
Mr. Joseph Lynch
August 5, 2002
Page 2
.
Please feel free to call either of us if you have any questions.
Sincerely,
.
~
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Peter J. Coyle, for
LARKIN, HOFFMAN, DALY & LINDGREN, Ltd.
786186.1
.
.
.
~
~HILLS
MEMORANDUM
DATE:
August 16, 2002
Agenda Item 2.B.1
TO:
Joe Lynch, City Administrator
SUBJECT:
Aaron Parrish, Community Resources Director
Terrance Post - City Account~
Budget discussion at August 19, 2002 Worksession
cc:
FROM:
At the Council Worksession of August 19, 2002, I would like to focus the 2003 budget
discussion on two main areas - baseline budget salary assumptions and allocations and on-going
policy/priority issue items.
. Baseline Salary
Enclosed are two spreadsheets ("Administrative Personnel" and "Operations and Maintenance")
that detail salary assumptions and salary cost allocations on a cost center basis.
Combining the totals from the two functional areas yields the folIowing total city salary
expenditures:
Admin FT Salaries $506,900 $526,265 $19,365 3.82%
O&M FT Salaries $477,276 $509,515 $32,239 6.75%
Total FT Salaries $984,176 $1,035,780 $51,604 5.24%
Admin Total Salary & $637,611 $666,404 $28,793 4.52%
Benefits
O&M Total Salary & $657,540 $690,617 $33,077 5.03%
Benefits
Total Salary & Benefits $1,295,151 $1,357,021 $61,870 4.78%
Portion of Admin Total $484,220 $455,372 ($28,848) (5.96%)
Le Su orted
. Portion ofO&M Total $318,777 $278,074 ($40,703) (12.77%)
Levy Su orted
Total Salary & Benefits $802,997 $733,446 ($69,551 ) (8.66%)
Levy Sup orted
.
.
.
2
August 16,2002
Budget discussion at August 19,2002 Worksession
The reduction in the salaries and benefits that are levy supported in the 2003 proposed budget
(compared to the 2002 budget) arises primarily from a more aggressive alIocation of
administrative salaries into TeAAP Fund No. 229 and a reduction in planned O&M resources
from Park Maintenance into Sanitary Sewer Fund No. 602 and Surface Water Management Fund
No. 604.
It should also be noted that the recent LRA salary recommendations from an implementation
standpoint have not been reflected in the baseline.
Other/On-~oin~ Bud~et Policy Issues
1. Level of funding for the Day in the Park activity.
2. Implementation costs of the LRA salary study.
3. Recreation operations subsidy source.
4. Input still required for five-year parks CIP.
5. Declining level of building permit revenues.
Staff intends to provide a total City "first cut" budget at the August 26, 2002, regular City
Council meeting. The City has still not received the 2003 levy limit from the Minnesota
Department of Revenue as of the date of this memorandum.
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