A Ramsey County judge on Thursday told the county and Arden Hills that their issues regarding the Rice Creek Commons development are political and not a matter of law.
What started out as an amicable agreement in 2012 between both parties to redevelop the 427-acre site formerly known as the Twin Cities Army Ammunition Plant (TCAAP) stalled in 2018 when both refused to compromise on the number of housing units to be constructed. The county wants 1,700 but the city dug in its heels at just under 1,500. Instead, the site has stood mostly vacant.
The county sued the city to dissolve its joint-powers agreement and the city sued the county for breach of contract, among other matters.
District Judge Edward T. Wahl said both parties were right about some things and wrong about others. He declined to dissolve the joint-powers agreement.
“The parties’ remedy for their disagreements lie in the political process,” he wrote. “The Court cannot intervene in that inherently political process.”
Both parties saw the ruling as a win.
“The City of Arden Hills is pleased that the County’s misguided choice two years ago to turn its back on the TCAAP project … and then to sue the City seeking to tear up the joint powers agreement that had guided the project successfully for over six years, has been denied,” the city said in a statement.
Ramsey County liked what Wahl said about it having authority as the landowner.
“The court’s decision affirms that Ramsey County can work independently with the developer to negotiate an agreement which advances our vision for Rice Creek Commons,” said Toni Carter, chair of the Ramsey County Board of Commissioners. “The court rejected the city’s argument that the county must continue to expend resources and taxpayer dollars to fund costs associated with the Joint Development Authority before a development agreement is ready for final approval.”
The county has already invested more than $40 million in purchasing and cleaning up the site polluted by the TCAAP. In 2019, the federal government officially removed the property from its list of “priority” Superfund sites, saying no further cleanup is required to safeguard future residents’ health.
Negotiations broke down in 2018 when the city, worried that the tax revenue would be insufficient to cover its cost for maintaining the new development, tried to cap the size by limiting the number of units.
The county, which has been pushing for more affordable housing development, was adamant that the project should be high density.
Neither would budge. The county stopped sending its representatives to the meetings, meaning a quorum could not be reached and progress essentially stopped. In 2019, the county voted unanimously to take legal steps to break its partnership with the city, a claim Wahl dismissed Thursday.
Both sides are still interested in developing the site. Whether they can resolve their differences remains to be seen.
“The City welcomes Ramsey County back to the table,” Arden Hills said in a statement. “The City has, and will continue, to strive for a fair and transparent process, and a high quality, sustainable project for its current and future residents and businesses. We encourage the County to do the same and work together to complete the master development agreement and get the project moving.”
The county said it’ll move forward but on its own terms.
“We continue to explore all options to advance this project into a meaningful development that builds a community in which all are valued and thrive,” Carter said. “Ramsey County remains committed to its vision of Rice Creek Commons.”
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Judge won’t dissolve contract between Ramsey County and Arden Hills over Rice Creek Commons development - TwinCities.com-Pioneer Press
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