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HomeMy WebLinkAbout10-28-09-TCAAP WS EN ELLS APPROVED: December 14,2009 CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL TCAAP WORK SESSION MEETING OCTOBER 28, 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 TCAAP Work Session meeting at 6:11 p.m. Present: Mayor Stan Harpstead, Council Member David Grant, Council Member Brenda Holden, Council Member Fran Holmes, Council Member Dave McClung Absent: City Attorney, Jerry Filla Also present: City Administrator, Ron Moorse and Community Development Director James Lehnhoff ADOPTION OF THE AGENDA Councilmember Holden stated she would like to discuss the process or rules of order and add this as Item C to the agenda. MOTION: Councilmember Holden moved and Councilmember Holmes seconded a motion to approve the meeting agenda as amended above. The motion carried unanimously (5-0). 1. AGENDA ITEMS A. Debrief the Joint Meeting with the Ramsey County Board and Discuss the Next Steps City Administrator Moorse presented the City Council with a summary of the Ramsey County Board meeting. He noted there were three main elements, the first ARDEN HILLS CITY COUNCIL TCAAP WORK SESSION-OCTOBER 28, 2009 2 being that the Board was interested in specific portions of the TCAAP site, particularly the wildlife corridor and the primer/tracer area. Second, the County was not interested in acquiring the majority of the site for regional park use. However, they were supportive of a regional trail from the Rice Creek Regional trail to County Road 96. Lastly, the County Board did direct Greg Mack to review the TCAAP property to see if there were any portions that could be a benefit to the County parks and open space system. Councilmember Grant indicated there was a strong sentiment on the County Board for development of homes and an increase in jobs. Mayor Harpstead agreed that he heard the County Board encouraging the City to prepare for the development of the property, while Greg Mack was being challenged to review the site for park and open space uses. Councilmember Grant stated a comment was made from the crowd, by a RRLD representative, that the site could be developed and that this would be financially feasible. Mayor Harpstead questioned if there were any further actions the Council should be taking on this item. Councilmember Grant indicated he felt it was very positive to hear from the County that the site may need TIF if developed in the future. He added that it was good to also provide the County Commissioners with background information on the site to make them fully aware of the site. Mayor Harpstead agreed that this meeting did offer a great deal of information to the Commissioners that were not aware of the site's history. Councilmember Holden explained it would take some time before the site was auctioned off, cleaned, developed and made ready for homes and jobs. AR-DEN HILLS CITY COUNCIL TCAAP WORK SESSION-OCTOBER 28, 2009 3 lA. Debrief the Joint Meeting with the Ramsey County Board and Discuss the Next Steps (continued) Councilmember Holmes indicated Greg Mack may be interested in the thumbnail, but that the City may not want this portion of the site to be used for parks and open space. She added that the wildlife corridor was of interest along with the primer/tracer site and that a land swap may be addressed to allow access to County Road I. Councilmember Holmes suggested that the City consider full access to the park being created to allow Arden Hills' residents access as well. Mayor Harpstead agreed this has been supported in the past and asked if the Council had thoughts on this issue. Councilmember McClung felt there would be options to provide access up to the northern portions of the site. He indicated this should remain open as the site is developed. The Council could create a vision for the site along with amendments to the zoning code to create a purpose for the site. Community Development Director Lehnhoff stated the City would need to think through how to use the City's regulatory tools without eating up the entire park dedication for a trail. Councilmember Grant noted trails are no t prohibited in res idential or commercial districts. He indicated it would be within the City's authority to indicate the City was expecting a trail, with the specifications all laid out. Discussion ensued regarding the TCAAP site and how it may be subdivided for redevelopment. City Administrator Moorse indicated the City could state the need for a trail corridor that connects the north and south portions of TCAAP. Councilmember McClung stated he would like to see the Council maintain a strong position in the driver's seat given the regulatory responsibilities of the City. City Administrator Moorse indicated the Council would need to make a decision on where that corridor should be or provide an option within the comprehensive plan for future development. _ AR DEN HILLS CITY COUNCIL TCAAP WORK SESSION-OCTOBER 28. 2009 4 IA. Debrief the Joint Meeting with the Ramsey County Board and Discuss the Next Steps (continued) Mayor Harpstead indicated this was discussed with the County Commissioners and at that time, they asked Greg Mack what the pathway was to connect from Arden Hills to the Rice Creek Corridor. The current plan was to go from Tony P Schmidt Park through New Brighton, in some way to the Long Lake Regional Park to connect to the corridor. Councilmember Holden indicated the County is reviewing different scenarios, but that this was the one being suggested first. Councilmember Grant noted the County Commissioners did not have funding for the suggested trail at this time. Mayor Harpstead questioned what the next steps would be for the Council. City Administrator Moorse indicated the Council would need to prepare for the bidder's conference, providing direction to potential buyers or developers. Mayor Harpstead asked if there would be minutes prepared from the County Board meeting, as this was a public meeting with a quorum of the Council present. He requested that these minutes be completed by November l Oth. City Administrator Moorse stated he would follow up the County Board on this or would complete the minutes himself. Councilmember Grant encouraged staff to keep the TCAAP information on the - City's website for the upcoming bidder's conference. Community Development Director Lehnhoff indicated that no information has been removed from the website to date. Councilmember Holmes explained that the City should be coordinating with Betty McCollum's office to let them know how the City would be proceeding. City Administrator Moorse indicated that he would draft a letter and forward it to the Council for their review based on the comments tonight from the County Board - meeting, which would then be forwarded to the congressional delegation. ARDEN HILLS CITY COUNCIL TCAAP WORK SESSION-OCTOBER 28, 2009 5 B. Preparation for TCAAP Public Sale City Administrator Moorse presented the City Council with information on a telephone call he had with Kevin Legare. An update was provided on the bidders' conference Kevin indicated the EPA was going to attend the conference. The City would be receiving a draft agenda for the conference next week and a sign would be posted on the TCAAP property regarding the public sale. Discussion ensued regarding the performance bond and leasing of the property. Councilmember Holmes stated she felt the City would have less control over the property if leased and that Mike Comodeca should be contacted to provide the Council with his opinion on the matter. Councilmember McClung indicated he would like the City to be able to review the leasing documents before they were published, to allow the City time to read through the documents. Mayor Harpstead agreed and questioned the benefit of leasing the land. Councilmember Holmes stated this may provide the Army a way to transfer the land without cleaning the site. Mayor Harpstead indicated the City has not seen any documentation to date that the site would be leased. He explained that the Council did approve Mike Comodeca as a consultant working on behalf of the City. It was suggested that Mike Comadeca be used to review this situation and report back to the Council. Councilmember Holmes asked why the City can't demand that the land be cleaned before it is sold. Councilmember McClung reiterated the fact that this is federal land and that the City has no control over the federal government. Mayor Harpstead indicated this could be addressed with the GSA before the bidder's conference. Councilmember Holden suggested that Mike Comodeca address only the effects the lease will have on the City and not the potential leaser. She indicated she was only concerned with how the City would be impacted. ARDEN HILLS CITY COUNCIL TCAAP WORK SESSION- OCTOBER 28, 2009 6 1 B. Preparation for TCAAP Public Sale (continued) Councilmember McClung suggested that more details be gathered before Mike Comodeca is brought in on the situation. Councilmember Grant agreed and stated further details should be brought together before Mike Comodeca was brought on. Councilmember Holmes felt it was foolish for the City to allow the GSA to proceed with leasing a superfund site as this could create drastic problems for the City. Councilmember McClung indicated the Council could voice in on this further after reviewing information from the GSA on the lease details. Mayor Harpstead explained the Council has been on record that they want the site cleaned before use. Councilmember Holmes stated she would like to see the Army clean the site to industrial standards before the site was transferred. Mayor Harpstead questioned if the Council would like to proceed to get Mike Comodeca's expertise in this area or wait on further lease information from Kevin Legare. Councilmember Holmes felt the City would not be getting any further information from the Army on the leasing. Councilmember Holden questioned if the Army has leased any other superfund sites. Mayor Harpstead indicated this would be valuable information. Councilmember McClung stated the Council would need to know if the GSA has leased land before and, if so, what documentation was used. Secondly, the Council would like to know when the City would be able to review a draft of the lease proposal. ARDEN HILLS CITY COUNCIL TCAAP WORK SESSION-OCTOBER 28, 2009 7 1 B. Preparation for TCAAP Public Sale (continued) Councilmember Grant suggested staff request this information to eliminate the need for Mike Comodeca to obtain the information and that this then be provided to counsel for review. Mayor Harpstead asked if the Council was all in favor of gaining further understanding of the impact of a lease-type concept before the property was transferred. Councilmember Holmes indicated she was not in favor of leasing the site in any way. Councilmember McClung stated the City would need to understand the leasing plan to determine if we support or oppose the proposal. Councilmember Holmes stated she did not want a leasing plan at all. Mayor Harpstead indicated the Council would need to make the bidders aware that they are concerned about an unknown lease concept. Councilmember Grant stated if the land was not a park, he did not want to see the Council scuttle the sale of the land because it was being leased, until such time it was detrimental to the City. Councilmember McClung and Mayor Harpstead agreed with this statement. Councilmember Grant indicated he was in favor of the site being developed and to not sit vacant. Councilmember Holden stated a developer could purchase the site and sit on it for several years before the economic climate was right, leaving the site vacant. She indicated there was nothing that could force the development of the site. Mayor Harpstead agreed this could happen, but that it would be on the tax rolls and that the City could put some standards in place to address these concerns. Councilmember Holden indicated that anon-profit could purchase the site and - then the site would stay off the tax rolls. ARDEN HILLS CITY COUNCIL TCAAP WORK SESSION-OCTOBER 28 2009 8 1 B. Preparation for TCAAP Public Sale (continued) It was the consensus of the Council to direct staff to speak with the GSA regarding land leases, lease documentation and that this information be reviewed by Mike Comodeca. Mayor Harpstead questioned the next steps in terms of the TCAAP sale. City Administrator Moorse explained the Council would need to address the zoning regulations being put in place prior to the land sale. He indicated between now and the end of May or June, the Council would need to determine what the comprehensive plan should reflect for this property, along with the zoning regulations and design standards. This would require a substantial amount of work. Councilmember Holden indicated the City would also have the option to put in place aone-year moratorium as soon as the sale took place to extend the timeline. Councilmember Holmes questioned why a developer would purchase the property if they were unsure of the zoning. Discussion ensued regarding the moratorium process. Community Development Director Lehnhoff explained the comprehensive plan amendment process in case an amendment is needed. He noted this would involve the Met Council and adjacent City review, along with public hearings. Councilmember Grant questioned if it was possible the comprehensive plan would have to be reviewed again if the buyer wanted a PUD. He indicated this would require a great deal of staff s time and would be micromanaging the details. Community Development Director Lehnhoff stated this was a possibility. He indicated the zoning regulations would then have to be brought up to date to reflect the comprehensive plan amendments. Community Development Director Lehnhoff explained it was quite likely when the property sells, the buyer would ask for things not already in place. He suggested, however, that the Council have standards in place. ARDEN HILLS CITY COUNCIL TCAAP WORK SESSION-OCTOBER 28 2009 9 1 B. Preparation for TCAAP Public Sale (continued) Mayor Harpstead agreed he was not interested in subdividing the property to different zones, but felt the Council should establish criteria to create a position to - guide the development process. Councilmember Holden questioned if market forces would drive the development of the site. Councilmember McClung indicated it would be wise for the Council to development standards and note that the City was not in favor of big box development for the site. The Council suggested staff formulate and report back to Council thoughts on how to structure the zoning of the TCAAP site. Councilmember Holden questioned when the TCAAP meetings would be held in November and December as they were the same week as the holidays. Councilmember Holmes asked if this could be discussed at the first Council work session meeting of the month instead of the fourth Wednesday. She suggested that the information be discussed and not delayed until January or February due to the amount of work needed to address the concerns at hand. Councilmember McClung indicated the entire Council was in favor of following through with the work at hand to develop a detailed plan before the sale of the land was complete. Councilmember Holden indicated it may benefit the Council to hold the regular meetings in November and December to provide voting privileges instead of a consensus. Mayor Harpstead stated he would be in favor of this suggestion and saw the need to discuss these items at a regular meeting. Councilmember Grant proposed this be discussed at a work session including scenarios with voting options. Councilmember McClung suggested the Council continue with the work session meetings and that the items be voted on at a Council meeting. ARDEN HILLS CITY COUNCIL TCAAP WORK SESSION-OCTOBER 28 2009 10 1 B. Preparation for TCAAP Public Sale (continued) Mayor Harpstead expressed concern with discussing an item and voting on it at the same meeting as it would not allow for public comment. Discussion ensued regarding the scope of services requested from Mike Comodeca. Q Councilmember Holden questioned what was asked of Mike Comodeca at tonight's meeting. City Administrator Moorse reviewed his written notes with the Council stating he was to find out from the GSA if they had previously leased a superfund site and if so, have the lease reviewed by Mike. If they have not, details of a proposed lease need to be reviewed by staff. In addition, the GSA has spoken to the MPCA/AG about a lease concept and Mike Comodeca should speak with them. Mayor Harpstead added that he would be interested in knowing the content of the lease and if it adversely affected the City. He would also like to understand how it benefits the seller of the property and impacts the buyer of the property. Councilmember Holmes stated there was no lease and it would not matter if Mike Comodeca reviewed it, because GSA has not provided a lease. Mayor Harpstead indicated he was suggesting that a lease only be reviewed specific to the City of Arden Hills and how it would impact this City and this property. If nothing was available, Mike Comodeca would not be needed. Councilmember Grant stated it would benefit the City to provide the bidders with lease agreement information. Councilmember Holden felt it was not necessary to review the lease, if it was available. Councilmember Holmes stated she would be in favor of the lease being reviewed by Mike Comodeca and that he provide a recommendation to Council. Councilmember Grant and Councilmember McClung were comfortable with Mike Comodeca reviewing the lease, as this was the reason he was retained. AIR-DEN HILLS CITY COUNCIL TCAAP WORK SESSION-OCTOBER 28. 2009 11 1 B. Preparation for TCAAP Public Sale (continued) Mayor Harpstead questioned what items the Council would need to address further before the bidders conference on November 181h. He indicated the City would need to ensure certain information was in place to address bidders concerns. Councilmember Holden felt this was addressed already and reviewed the list discussed last month. Councilmember McClung asked that this list be forwarded to Council via email again. City Administrator Moorse stated this was a big chunk of information that would be provided but that there may be additional concerns. Mayor Harpstead explained that he was available to be present at the bidders' conference on November 18th and questioned what information the Council would like him to present. Councilmember McClung suggested this be discussed further at the November 9th work session meeting. C. Process and Rules for Meeting Order Councilmember Holden expressed concern with the way the past several meetings have been run and questioned how to resolve the situation. She suggested the Council review Roberts Rules of Order and that this be followed for all future meetings. Mayor Harpstead asked for specific examples of when the meetings have been out of order. Councilmember Holden explained there are concerns when a consensus matters and when it does not, meeting times, how public comments are taken, etc. Councilmember Holmes questioned if a set end time was agreed upon by the Council for work session meetings and if this should be agreed upon. Mayor Harpstead indicated he was not aware of this and stated the Council could make such a rule. ARDEN HILLS CITY COUNCIL TCAAP WORK SESSION-OCTOBER 28 2009 12 C. Process and Rules for Meeting Order (continued) Discussion ensued regarding how the Council reached a consensus. Councilmember Grant indicated that only the regular Council meetings were governed by Roberts Rules of Order and that the work session meetings were non- voting meetings. Mayor Harpstead stated Roberts Rules of Order did create consistency but that a work session meeting did allow for more free form discussion on items. Councilmember McClung agreed that the Council was not being courteous to one another and at many times was talking over each other. He encouraged the Council to discontinue this behavior. Councilmember McClung stated he was not a fan of the word "consensus" and stated that at future work session meetings, the Councilmember's opinions could be provided to give staff guidance. Councilmember Grant indicated he would be in favor of running the TCAAP work session meetings as official voting meetings. He stated the regular work sessions could remain information and consensus gathering meetings, as the items discussed would take a vote from the bench at a regular Council meeting. Mayor Harpstead agreed with this statement as it would provide a formal reference to votes. His only area of concern was that work sessions were discussion times that would then be followed by a vote and would leave the community out of the process, which he was opposed to. Mayor Harpstead -- suggested that items be discussed and voted on at a future meeting. Councilmember Holmes stated the information was published and made public through the agendas. Councilmember McClung indicated that if votes were going to be taken, it should be from the dais and through a televised meeting. Councilmember Holmes agreed stating the work session meeting was not the proper setting to take formal votes. _ ARDEN HILLS CITY COUNCIL TCAAP WORK SESSION—OCTOBER 28, 2009 13 C. Process and Rules for Meeting Order (continued) Councilmember McClung added that not every meeting should be structured for taking votes, as some items require honest and frank discussions that do not impede the need to follow Roberts Rules of Order. He indicated he may be in favor of an agenda item titled "Open Discussion" to have items discussed and then brought back for a formal vote. He noted that he would be in favor of televising all work session meetings as well. Mayor Harpstead explained a suggestion has been made to add an item to the agenda in a normal fashion, which is the ability of the Council to change the rules that would include "Discussion" items. He added that this be done after Old Business to allow the regular business of the City to be addressed. Mayor Harpstead suggested that if an item was brought up for discussion that it should be specific and not just a general TCAAP discussion. Councilmember McClung questioned if an additional meeting should be held each month to address TCAAP. Councilmember Holden did not feel this was necessary but that each TCAAP work session meeting should have voting privileges. Mayor Harpstead indicated the Council could agree to sit at the dais and televise the TCAAP meeting at which time it could be a voting meeting. He suggested that the material that was being voted upon be available ahead of time. Further discussion ensued regarding the use of voting privileges and how direction to staff should be provided. Councilmember McClung indicated he was in favor of Council providing direction to staff based on the opinions of the Council. Councilmember Holden questioned how public comments would be taken at future meetings and if this would be held to three or ten minutes. Councilmember McClung indicated the agenda states they are limited to three minutes, but that this has not really been held steadfast. ARDEN HILLS CITY COUNCIL TCAAP WORK SESSION-OCTOBER 28, 2009 14 C. Process and Rules for Meeting Order (continued) Councilmember Grant cautioned the Council from using the Council Comments time as a podium as it becomes difficult to comment on votes previously discusseu in the meeting. Mayor Harpstead indicated he did make a public comment and was allowed to as a resident of Arden Hills. He stated that his comments were not comfortable or well received by some on the Council, but that he was not abusing his position by offering his comments. Councilmember McClung suggested the Council have comments limited to three minutes, with flexibility about cutting them off at five minutes. Mayor Harpstead stated he felt there was a certain amount of discretion afforded to him as the chair of the meeting. He indicated he may not do it right all the time and that he did not try to cut people off or offend those speaking to the Council. Councilmember Grant explained public comment has always been taken the same way, limiting it to three minutes. The consistency of those speaking cannot be maintained. He noted that the Council does have the ability to change the rule on public comment. Councilmember Holmes stated the Council could suggest the public wrap up their comments if running over on time. Councilmember McClung indicated this was a difficult issue as sometimes the Council was asking questions, which may draw out some items longer than three minutes. He suggested a vote be taken if additional time was needed to discuss an item and that the rules be suspended on a case by case basis. Mayor Harpstead stated this would then allow the Council to suspend the rules and that it would not be just up to him. He indicated he would use the phrasing suggested, to encourage people to wrap up their comments. Councilmember Holden questioned what the guidelines would be for future meetings. Mayor Harpstead suggested this be brought to a future meeting for a vote and be discussed with Attorney Filla to see if there were any first amendment concerns. ARDEN HILLS CITY COUNCIL TCAAP WORK SESSION-OCTOBER 28, 2009 15 C. Process and Rules for Meeting Order (continued) Councilmember Holden stated she would like to see a set beginning time and end time for all meetings. She indicated that meetings would continue on without other Councilmember's present. Councilmember Holmes indicated this may be helpful during work session T meetings as some have been going past 8:00 p.m. If a meeting were to need additional time, it would require a vote from the Council to extend the length of the meeting to address certain items on the agenda. Mayor Harpstead indicated it was reasonable to have a three hour meeting for work sessions and regular meetings. The Council was in agreement with this suggestion. Mayor Harpstead suggested this be brought back in a resolution for the Council to vote on at their next meeting. Councilmember Holmes indicated she had no problem with this so long as the Council understood that meetings may be shorter than three hours as well. She explained it was also the prerogative of the Council members to leave before the meeting adjourned but that items will be discussed on the agenda as set prior to the meeting. Councilmember McClung indicated that if the Council was concerned about the meeting he had to leave early from, he was merely stating for the record he had to leave by 7:00 and not that the meeting had to adjourn by 7:00. Further discussion ensued regarding this issue. Councilmember Holden questioned how meetings were scheduled and if they could be rescheduled by the Council. Mayor Harpstead indicated prior to each meeting an agenda was prepared and the meeting is posted for public record. He stated the Council does set a schedule of meetings in January of each year and that additional meetings are added only upon agreement of the Council. Councilmember Holmes stated that this would be the schedule followed then throughout the year. Mayor Harpstead agreed with this comment. ARDEN HILLS CITY COUNCIL TCAAP WORK SESSION-OCTOBER 28, 2009 16 C. Process and Rules for Meeting Order (continued) (Councilmember Holmes left the meeting.) Councilmember Holden questioned if public comments were summarized within the minutes. Mayor Harpstead agreed that entire statements were not written into the minutes and that typically they were summarized. Councilmember Holden stated she was just clarifying as the Mayor's entire comment was included in the previous set of minutes. Mayor Harpstead explained this could be summarized and voted on at the next meeting, if she wished to have the comments stricken from the minutes. Councilmember Grant indicated all of the Council comments throughout the meeting were a summary and that public comments should be summarized as well. Discussion ensued regarding the level of detail required within the minutes. Councilmember Holden indicated her only other concern at this time was how the TCAAP meetings would be handled. Mayor Harpstead explained that at this time, they were work session meetings and asked if the Council was in favor of making a change. Councilmember Holden stated she would be in favor of making all TCAAP work session meetings into regular TCAAP meetings. Mayor Harpstead questioned if this meant at the dais being televised. Councilmember McClung indicated it has been the practice of the Council to have regular voting meetings televised and at the dias. He noted he would not support a voting meeting unless it is televised. Councilmember Grant stated he was fine with formalizing the meetings but did not see the need to go to the expense of hiring someone to televise the meeting. Councilmember Holden agreed with this comment. ARDEN HILLS CITY COUNCIL TCAAP WORK SESSION-OCTOBER 28,, 2009 17 C. Process and Rules for Meeting Order (continued) Mayor Harpstead indicated he was not in. favor of making the TCAAP work sessions into voting meetings. He directed staff that the meetings not change from their current status. Councilmember Holden suggested this come before the Council for a vote and if it passes a change be made. City Administrator Moorse stated that changing the format of the meeting may not address the overall concerns of the Council. He indicated items discussed at a TCAAP work session meeting can be voted on at the next Council meeting, to have clear action taken. 2. COUNCIL COMMENTS AND REQUESTS Councilmember Grant indicated there was a boom crane out on the Three Rivers Antenna property. He questioned what type of antennas were installed on this site and if the City was informed. Community Development Director Lehnhoff stated this could have been for maintenance. Councilmember Grant noted that at the last Council meeting he asked for further information on the Second Amendment to the PDA. He would like to see an accounting of this information before the Council. Mayor Harpstead indicated this was a confusing issue as the item was tabled and then fell through the cracks, realizing that this was under a different City Administrator. City Administrator Moorse provided a quick background that the item was tabled because the item before it was the concept plan for the TH 10/CR96 interchange. Discussion was to bring back both items after an open house was held. The Second Amendment was not brought back at the same time for approval. Councilmember Holden questioned when the TCAAP reimbursables was going to be discussed again. ARDEN HILLS CITY COUNCIL TCAAP WORK SESSION-OCTOBER 28, 2009 18 2. COUNCIL COMMENTS AND REQUESTS (continued) City Administrator Moorse indicated this could be scheduled into the next TCAAP work session on November 9th Councilmember Holden suggested this be put on the agenda for the 9,th. She added that there was a grand opening of the Northwest Youth and Family Services 3 Discovery Center. Mayor Harpstead ad' ---thr,,Citv Council TCAAP Work Session meeting at 9:07 p.m. /e§t-anRonald J. Woorse, Mayor City Administrator