2001-197 Council Resolution-Minutes

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COUNCIL MINUTES DECEMBER 17, 2001 for the moratorium and she saw the moratorium as an opportunity for the City to implement the comprehensive plan and, if the moratorium is not passed now, she believed the City will lose that opportunity. Councilmember O'Donnell asked how the Councilmembers should communicate what they want staff to work on for the January 9, 2002 Council work session. Councilmember Reinert offered to provide his concerns to staff in writing. He noted, however, that he has expressed the same concerns at all Council meetings on this matter and he was upset that staff has not done their job regarding this matter up to this point. City Admistrator Waite Smith recommended that the Councilmembers be telephoned by staff and interviewed as to what they want presented at the January Council work session. Mayor Bergeson reiterated his concern of how the moratorium will impact future commercial growth in the City. Councilmember Reinert stated he was not opposed to the establishment of a moratorium, however he did not want the City to paint itself into a corner. He was concerned that the City would not be prepared once the moratorium expires. He stated he would not support the motion at this point but if staff provides the necessary information during the January Council work session, then he will vote in favor of the second reading. Councilmember Carlson voted yea. Councilmember O'Donnell voted yea. Councilmember Dahl voted yea. Councilmember Reinert voted nay. Mayor Bergeson voted nay. Motion carried on a vote of three to two. Ordinance No. 23 — 01 can be found in the City Clerk's office. Consideration of Termination Agreement With H&L Mesabi, Mary Divine — Mayor Bergeson indicated that during their Economic Development Authority meeting earlier this evening, the City Council approved the execution of a Termination Agreement with H&L Mesabi. He asked that Ms. Divine make a presentation on this issue. Ms. Divine explained that in March 2001 the Economic Development Authority passed a Resolution declaring H&L Mesabi in default on a Development Agreement and Assessment Agreement it had entered into with the Authority. The company had already purchased three acres of property in the Apollo Business Park before making a decision not to build its new facility. Ms. Divine indicated according to State Statute, all parties that enter into an Assessment Agreement must terminate the agreement by "mutual consent." Mr. Bernard Carey, President of H&L Mesabi, was advised that he must take action to terminate the Assessment Agreement with the Economic Development Authority, the School District and Anoka County, or pay taxes on a building that did not exist. 17