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HomeMy WebLinkAbout07-22-09-TCAAP WS EN HILLS CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL TCAAP WORK SESSION MEETING JULY 229 2009 6:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS = CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Stan Harpstead called to order the City Council Work Session meeting at 6:00 p.m. Present: Mayor Stan Harpstead; Council Members David Grant (arrived at 6:05 p.m.), Brenda Holden, Fran Holmes, and Dave McClung. Absent: None. Also present: City Administrator Ron Moorse; and Community Development Director James Lehnhoff. 1. AGENDA ITEMS A1. TCAAP — Follow Up Discussion on the July 15th Armv/GSA Meeting —PLAN A City Administrator Moorse presented the City Council with a brief overview of the July 15 Army/GSA meeting and the reuse goals for the site. He indicated the GSA is planning a public sale of the site, which they were moving forward with. City Administrator Moorse explained that the City was pursuing parks and open space on this site through special legislation to get the property transferred. He reviewed several action steps that the City would need to take to actively pursue the park and open space concept. He described the process as Plan A. He noted the first step would be to evaluate the things the City should be doing in relation to moving forward with the vision that was described in the resolution. City Administrator Moorse explained that as the GSA was moving forward with the public sale, the City should be looking at what it should be doing to have an impact on the sale, protecting the City's best interests. He described this additional ARDEN HILLS CITY COUNCIL WORK SESSION-JULY 22, 2009 2 process as Plan B. He indicated that Plan A and B would need to be jointly pursued to ensure that the City's interests are carried forward. City Administrator Moorse indicated in relation to Plan A, the City should be in contact with entities that would be helpful and supportive of achieving the vision of the City, including the federal legislators, state legislators, state agencies, etc. He stated the City would also need to be in contact with entities that would be creating and owning the park and open space, and providing future operations/maintenance. .Mayor Harpstead questioned if a meeting should be held with these individuals or groups. City Administrator Moorse indicated this would be an option to gather as many supporters as possible, for discussion at a City meeting, or that individual communication could be held with the various entities listed. Councilmember Holmes stated she would like to see the City begin planning the park space by hiring a project manager to determine the viability and funding sources available for Plan A. She indicated this individual could work on the City's behalf pursing the special legislation as well as funding and the recipient of the land. Councilmember Holmes stated she looked into the McKnight Foundation and reviewed the grant stipulations in detail. She suggested that staff draft a letter of intent to the foundation letting them know the City was interested, as the TCAAP site meets their grant requirements. Councilmember McClung asked if the McKnight Foundation had a certain solicitation timeframe or if they had an open door for solicitations. Councilmember Holmes stated that according to the website letters of intent are accepted at any time. She suggested the City pursue this option with a project manager, identifying resources available for Plan A. Councilmember Grant questioned who the City was suggesting to operate and maintain the land. Councilmember Holmes explained that according to the Resolution, the Council was in favor of a regional park. She suggested Ramsey County be contacted first with this vision. ARDEN HILLS CITY COUNCIL WORK SESSION-JULY 225 2009 3 Councilmember Holden questioned why the County would want to take possession of polluted land. She felt the land should be transferred after there was a funding mechanism to clean the site. City Administrator Moorse indicated that it would be helpful to have a number of entities supporting the vision of the City when seeking the McKnight Foundation grant. Councilmember Grant questioned if the grant could be received before the Army/GSA completed the public sale process. He stated that this process may take too much time to gather partners and find an entity to assume the responsibility of the property. Councilmember Holden explained that the grant would be to determine the feasibility of retaining a major portion of open space on the TCAAP site. Community Development Director Lehnhoff indicated that even if the City found an entity interested in assuming the responsibility of the property, the public auction could still continue, unless special legislation were to intercede. Councilmember Grant asked if any federal or state representatives were going to be willing to step in and block the public sale. Councilmember Holmes stated that according to Kevin Legare and Mike Fix, they would not fight special legislation if federal representatives were to step in with special legislation. She suggested the Council continue conversations with Betty McCollum's office as this was her main jurisdiction. Councilmember Holden indicated that a site specific risk assessment would assist the City going forward with the open space vision. Mayor Harpstead felt the grant application would be stronger with more entities voicing their conceptual level support. He added that the federal delegation would be more predisposed to support the vision if it covered a broader constituency to serve as park land. Mayor Harpstead suggested holding a meeting early to elicit support and build a coalition around the suggestion of a park area. He stated an invitation should also be sent to a representative of the McKnight Foundation. AR-DEN HILLS CITY COUNCIL WORK SESSION-JULY 22, 2009 4 Councilmember Holden asked if all county commissioners would be invited or just those aware of the vision and supportive. Mayor Harpstead stated the stakeholders meeting would be a starting point and a way for the City to convey the park land/open space vision to gain support from all those within the City's jurisdiction. Councilmember McClung agreed. Councilmember Holmes stated she would recommend having the project manager begin working before the stakeholders meeting. Mayor Harpstead explained that he would be willing to attend a meeting with Councilmember Holmes and the McKnight Foundation prior to the stakeholder meeting to explain the City's vision in detail. Councilmember Holmes stated she would be in favor of this meeting. Discussion ensued regarding the stakeholders that the City would be in contact with, including the County, DNR, state agencies and federal representatives. Mayor Harpstead reviewed a potential timeline for the grant and stakeholders stating this could take roughly nine to twelve months to pull together. Councilmember Holden suggested that the City also hold one on one discussions with stakeholders to gain their support. Councilmember Holmes indicated her only concern with a stakeholder meeting this early was that there was not a project manager in place to lead the meeting. Mayor Harpstead stated that the City could hire someone to coordinate the meeting or that an RFP could be sent out on how best to approach this scenario. He suggested that this initial planning not be over $10,000. Discussion ensued regarding the scope of work needed to prepare the City for a stakeholders meeting. Councilmember Holmes indicated that the City had certain stakeholders in mind, including Betty McCollum, Ramsey County and MPCA, that were going to play crucial roles in the success of the City's vision. She explained that if Betty ARDEN HILLS CITY COLJNCII,WORK SESSION-JULY 22, 2009 5 McCollum's office was only interested in the wildlife corridor, the entire vision could fail. Councilmember Holden stated the City should also be speaking with Rick Hanson as he has been one of the main players on how to use legacy money, along with uses along the Mississippi corridor. Mayor Harpstead questioned if anyone has had contact with Mr. Hanson, and if so, if he felt there were funds available for the TCAAP site. Councilmember Holden indicated that she has spoken with him on several occasions. Mr. Hanson believed that there would be money available for cleanup and restoration and possibly funds available for purchase, though specific amounts were not discussed Councilmember Grant stated he did not support the purchase of the land if it did not have a publicly accessible use. He indicated he wanted to see the land available to the public. Councilmember Holmes stated that the site specific assessment would assist the City in this area to show which areas were clean enough for public use. Councilmember Holden explained that the site would also need to address access issues as there would not be money coming from the State. Funds would be needed for H and County Road 96. She felt that a developer would need $180 million to clean and prepare the site for use. Mayor Harpstead indicated that the expense for cleanup would vary greatly depending on the reuse of the site. The level of access suggested within the Ryan plan would not be needed if a low density use was put on the property. Councilmember Grant stated a third option for the site would be to clean up the property and expand the wildlife corridor park. He indicated this would allow for the potential development to be lessened while allowing for a larger park. Discussion ensued regarding this suggestion and previous discussions held by the Council. Mayor Harpstead stated it would be his personal desire to see the thumbnail area west of Rice Creek become housing as it was cleaned to that level already, was ARDEN HILLS CITY COUNCIL WORK SESSION-JULY 229 2009 6 used as housing historically, and this development would broaden the City's nature and type of housing available to its residents. He felt it would be difficult to take this property and devalue it when it was ready for housing. Councilmember Holden stated she felt it was unethical to erect a housing development adjacent to a freeway. Mayor Harpstead explained that there were many housing developments throughout the metro area adjacent to major freeways. This information would be known up front and could be planned for accordingly. Councilmember Grant felt that Plan A did not allow for residential housing as it would be boxed in by the freeway and a 480+ acre park. Mayor Harpstead asked for direction from the Council on Plan A. He questioned what staff could begin working on. It was suggested that staff ask for a meeting with the MPCA to know what knowledge was available on the site. Councilmember Holden stated that any site specific information should be gathered, along with information on the wildlife corridor. It was noted that Staff needed to have additional conversations with Representative McCollum as she was expecting the region to come together and indicate a direction or desire of what to do with the land. The Council felt Staff should also make additional contact with the County parks department and County Commissioners. Mayor Harpstead suggested that a local representative from Senator Franken's and Senator Klobuchar's office should be invited as well. He added that a rep from the Met Council be addressed as well. Councilmember Holden felt the County Commissioners should be contacted first. Councilmember Holmes stated that the City needed to gain support from additional entities before holding a meeting with the County. She indicated at the time of the stakeholder meeting, the City should be surrounded with support as to ARDEN HILLS CITY COUNCIL WORK SESSION-JULY 22, 2009 7 the direction or vision of the land, in order to fully cooperate with Representative McCollum's expectations. Councilmember Holden questioned if neighboring communities should be addressed on their opinion of the City's vision. _ Councilmember McClung felt that the neighboring communities could offer valuable support to the City and would offer the regional backing Betty McCollum was requesting. Councilmember Holmes noted Betty McCollum would not be offering special legislation until there was a show of community support. Councilmember Holmes indicated that the Council could hold off on the planning of the parks and open space for the time being. Community Development Director Lehnhoff indicated he would offer to do some exploration to see if there was an organization or grants to assist the City in seeing which options were available for the site. Councilmember Holmes requested that staff present the Council with information on the pending lawsuit against the Army by the State. City Administrator Moorse explained that he could have representatives come to a work session meeting to present the Council with the most recent information from the MPCA. He added that this may be a potential funding source for the cleanup of the site. City Administrator Moorse questioned what Staff s first step should be. Further discussion ensued regarding the public sale timeline and how the City's Plan A would fit into that schedule. It was the consensus of the City Council to direct staff to speak with Representative McCollum, to see if she would support the City's vision, what the parameters would need to be and if there needed to be a show of regional support. Staff was also to explore the feasibility of how the plan will all come together. Staff was directed to speak with the MPCA to gather information from their files on the property. AR-DEN HILLS CITY COUNCIL WORK SESSION-JULY 22, 2009 8 Staff was further directed by Council to invite the County Commissioners and County park department employees to discuss the feasibility of a regional park on the TCAAP site. A2. TCAAP — Follow Up Discussion on the July 15th Army/GSA Meeting —PLAN B Councilmember Grant indicated that he did not have a chance to speak with staff on this issue. However, he would like to see the City assert themselves a bit more through conditions attached to the bid package. He wanted the bidders to respect the sovereign boundaries of the City of Arden Hills. Discussion ensued regarding the possibility of a neighboring community purchasing the land and having the site annexed. Community Development Director Lehnhoff stated that annexation from another community was not a possibility under state law. Councilmember Grant questioned if there were any tribal interests in the land. Councilmember McClung explained that any tribal interests would have to go through the Department of Interior, which would have placed a claim on the land. Mayor Harpstead suggested that staff speak with the City of Shakopee about this possibility. Councilmember Holmes questioned if the Council should consider addressing the zoning of this site before potential bidders approached the City. She noted that it was currently I-2 and R-1. Community Development Director Lehnhoff explained how the site was cumulatively zoned and that not all areas would be able to be used for commercial or residential zoning. He further reviewed a zoning map and future land use map from the 2030 Comprehensive Plan. Councilmember Grant questioned if the zoning could be changed at this point. ARDEN HILLS CITY COUNCII,WORK SESSION-JULY 22, 2009 9 Community Development Director Lehnhoff indicated that the zoning could be changed. He explained that the 2030 Comprehensive Plan that was adopted at the end of December 2008 included a future land use map. This future land use map divided the TCAAP into four different land use classifications, mixed business, mixed residential, the park and open space, which is the primer/tracer land, and = park preserve, which is the wildlife corridor. Community Development Director Lehnhoff stated that the 2030 Comprehensive Plan is before the Metropolitan Council with these land uses for their approval. He indicated that amendments could be made to the Comprehensive Plan. There is a lot of flexibility with the land use categories in the future land use map, but they were the foundation for the mixed use plan that was being developed with RRLD. Mayor Harpstead questioned if the current zoning of the space allowed for open space. Community Development Director Lehnhoff stated that the future land use map and existing zoning.do not support the open space described in the resolution. Councilmember Holmes questioned if the zoning would need to be changed regardless of the public auction. Community Development Director Lehnhoff suggested that the zoning should change. As it is, the zoning needs to change to conform to the new Comprehensive Plan. However, he indicated the Council may want to look at changing the future land use map to create new zoning that supports the new vision being discussed in the resolution. He explained that the zoning could not be changed to support the resolution until the Comprehensive Plan was amended. Councilmember Grant asked what information should be included in the bidding package relative to the zoning of this site. Councilmember Holden stated it would be nice for the City to have something established as the bidder may not come to the City until after the bidding process. Community Development Director Lehnhoff explained that it may be difficult to create the full design standards in time for the bidders' package, but the Council should have a direction and future land use map. This would allow the bidders to know what they are getting into on the property. ARDEN HILLS CITY COUNCIL WORK SESSION-JULY 22, 2009 10 Community Development Director Lehnhoff stated he has spoken with the Met Council about a possible Comprehensive Plan amendment for the site and that they would need roughly 60-120 days to review and approve any changes. He further reviewed the procedure at the City level indicating the Comprehensive Plan would need a public hearing at the Planning Commission level along with Council approval. Mayor Harpstead indicated he would be against changing the Comprehensive Plan to open space, but may support a change if it included some type of residential. The Council reviewed the current land uses on the TCAAP site with staff defining each use within the current comprehensive language. Councilmember Holmes expressed concern that the site was zoned I-2, when that was the only use the Council did not want. Mayor Harpstead indicated if the Council was able to make a change before the bidder's package, the safe comment would be that the City will bring the zoning into compliance with the Comprehensive Plan. Councilmember Holden asked if the Council could accomplish this approval in 120 days. She strongly urged the Council to review an amendment to the Comprehensive Plan at a future meeting. Councilmember Grant stated he predicted the property would be purchased by a single owner with two different entities on the site, one with a commercial focus and the other with residential Councilmember Holden stated she would gather information from MnDOT to review the capacity issues on County Road H. Mayor Harpstead questioned what action steps could be taken for Plan B. City Administrator Moorse suggested that the zoning information within the bidders' package would be brought into conformance with the Comprehensive Plan for the property. The Council was in agreement with this suggestion. Mayor Harpstead asked if staff spoke with the GSA to set up a schedule of phone calls. ARDEN HILLS CITY COUNCIL WORK SESSION-JULY 22, 2009 11 City Administrator Moorse noted that the City would be in contact with the GSA every two weeks. Mayor Harpstead added that the Council should begin considering who would be = in attendance at the bidders' conference, beyond the Army, GSA and City of Arden Hills. Councilmember Grant questioned if the City should begin opening discussions with Carmen Netten. Councilmember Holmes stated she would be present to speak for the PCA or AG office on the resource damage to the site. Mayor Harpstead suggested staff speak with Carmen and ask if there was an interaction that would be appropriate on the covenant deferral request. He indicated the relationships would need to be maintained throughout the entire public sale process. Councilmember Holden requested that the Council review a City fee schedule to look at water hookup fees and discuss if there was a requirement to bury electrical lines. Community Development Director Lehnhoff stated that this could likely be reviewed and addressed within the City code and enforced through design standards. Mayor Harpstead suggested staff meet as a group and discuss the criteria that were important, such as sewer issues, clean water and any other issues. He added that the master development agreement be reviewed as it had many comments from the Council on the design standards. Discussion ensued regarding a future conversation that would need to be held about affordable housing within the future TCAAP development. It was the consensus of the City Council to direct staff to begin working the above mentioned tasks for Plan B and report back to Council. B. Services Provided by Mike Comodeca ARDEN HILLS CITY COUNCIL WORK SESSION-JULY 22, 2009 12 City Administrator Moorse stated he would like to hold a discussion with Council on when the services from Mike Comodeca should be brought in and what work the City should be hiring him to complete. He explained that Mike brought great expertise to the City when dealing with process requirements and property cleanup. City Administrator Moorse indicated staff would like to best impact the transfer process as it relates to the public sale, and Mike could assist with the technical pieces on that. Mayor Harpstead stated Mike's initial engagement letter was drafted some years ago with a maximum budget. He noted the City has far exceeded the budget and timeline, which means the City was operating outside the initial enabling resolution. Mayor Harpstead suggested the City reengage with a letter to Mike with an understanding that a budget would be tied with his services, and that the Council could define the nature of the work relationship as well as the work content. Councilmember Holden felt it was very important for Mike to be involved with Carmen, AG and through the public auction process. She indicated that Mike had a great working relationship with Carmen, which would be advantageous. Mayor Harpstead asked for the Council's consensus on this issue and if the City should negotiate another engagement letter with Mike Comodeca and have budgeted funds allocated against it. Councilmember Holmes questioned what the budgeted amount should be for 2009. Discussion ensued regarding a reasonable budgeted amount to set aside for services provided by Mike Comodeca. The Council suggested staff speak with Mike and discuss a realistic budget for the remainder of the year. It was the consensus of the City Council to direct staff to draft an engagement letter with Mike Comodeca to retain his services for the remainder of 2009. This letter would then be brought before Council for action at a future meeting. C. Follow Up on Reimbursable Expenses A-R-DEN HILLS CITY COUNCIL WORK SESSION-JULY 22, 2009 13 City Administrator Moorse explained that he followed up with both Jerry Fila and Steve Bubul on the reimbursable expenses, particularly the escrow account. He spoke with them each separately and their recommendation was to take the disputed amount and place it in an escrow account. From there they suggested the City work through the process with RLLD to resolve most of the disputes, with mediation to follow. Mayor Harpstead asked if this item needed Council action. City Administrator Moorse stated this was not necessary but noted an escrow agreement could be brought to Council at their next meeting for review. Councilmember Holmes questioned if the PDA mandated the disputed funds be placed in an escrow account. City Administrator Moorse explained that the PDA did not mandate the escrow account and that this was the strong recommendation of counsel. He indicated if the dispute were to reach mediation the City would want to keep the attorneys involved in the situation. Councilmember Holmes requested that a staff report accompany the escrow agreement explaining the pros and cons to the Council. Further discussion ensued regarding the payment of the undisputed amounts to RLLD. Mayor Harpstead felt it was appropriate for the City to pay out the amounts that were not in dispute as this was the nature of the agreement between the two parties. Councilmember Holmes did not agree as this gave the City some leverage in dealing with RLLD on the rest of the expenses. Mayor Harpstead asked for the sense of Council at this time. It was the consensus of the Council (3-2) to proceed with an escrow account. Councilmember Holmes questioned if the PDA required the City to return the earnest money, when it was in dispute. Staff would be following up with the Council after speaking with the attorney. ARDEN HILLS CITY COUNCIL WORK SESSION-JULY 225 2009 14 Councilmember Grant asked if any precedence was being set in the resolution of these items with RLLD. City Administrator Moorse indicated that the resolution of the utility rate study did involve correcting the percentage of the study costs charged to RRLD. - Mayor Harpstead suggested that as staff proceeds they should have good documentation on the disputed items as they may end up in arbitration. It was the consensus of the City Council to direct staff to bring the escrow agreement before Council on Monday, July 27, 2009, based upon the recommendation of two attorneys. 2. COUNCIL COMMENTS AND REQUESTS Councilmember Grant thanked City staff for removing the dead tree in front of City Hall. Councilmember Holmes stated that Keith Benker would be an additional Army contact for the City as he is knowledgeable of the pollution and remediation of the TCAAP site. Community Development Director Lehnhoff stated he would be drafting congressional letter updates to Representative McCollum, along with Senators Klobuchar and Franken. Mayor Harpstead suggested that Council comments on these letters be directed to staff. Community Development Director Lehnhoff noted that Kevin Legare left the City a copy of an invitation for bid for El Toro in California. He noted the file was too large to email so he was distributing it on CD. Mayor Harpstead adjourned the City Council Work Session ing t 8:34 p.m. Stan-Aarpsteao/ Ronald J. WIroorse Mayor City Administrator